RFP No. S-10700-00014813.pdf

DAS Procurement Services, Version 4.5 March 31, 2023 Page 1 of 20

STATE OF OREGON

COVER PAGE

Oregon Department of Administrative Services, State Procurement Services, on behalf of Department of Administrative Services, Enterprise

Asset Management

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00014813 for

INDUSTRIAL AIR COMPRESSOR, AIR DRYER, AND VACUUM

PUMP SYSTEM MAINTENANCE AND REPAIR SERVICES

Date of Issue: ____________

Opening Date and Time: __________________

Single Point of Contact (SPC): Nathan C. Ramos, OPBC Senior Contract Specialist

Address: 1225 Ferry St. SE City, State, Zip Salem, OR 97301 Phone (971) 707-0016 E-mail: Nathan.Ramos@DAS.Oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:Nathan.Ramos@DAS.Oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 The purpose of this RFP is to solicit for and award a Contract to the Successful Proposer that best meets the needs of the Agency. STATEMENT OF SERVICES

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 Optional Certifications

3.3 MINIMUM SUBMISSION REQUIREMENTS

3.4 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 [ROUND 1] POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

EXHIBIT A: STATEMENT OF SERVICES

EXHIBIT B: SCHEDULE OF EQUIPMENT AND PRICES

EXHIBIT C: CONTRACTOR AND AGENCY CONTACT INFORMATION

EXHIBIT D: INSURANCE REQUIREMENTS

EXHIBIT E: INDEPENDENT CONTRACTOR CERTIFICATION

EXHIBIT F: PURCHASE ORDER TEMPLATE

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H KEY PERSONS, RESUMES, AND APPLICABLE CREDENTIALS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of the Department of Administrative Services, Enterprise Asset Management (“DAS EAM”) or (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Industrial Air Compressor, Air Dryer, and Vacuum Pump System Maintenance and Repair Services.

DAS SPS is soliciting for maintenance services on the State’s current Industrial Air Compressor, Air Dryer, and Vacuum Pump System at the North Valley Complex in Wilsonville, OR. Further detailed information regarding the air system can be found in Exhibit A – Sample Contract, Exhibit B – Schedule of Equipment and Prices. These maintenance services shall be performed both on an annual and semi-annual basis, and repair services shall be provided as necessary including on an emergency basis. Additional details on the Scope of the goods or services or both are included in the Statement of the Services.

Agency anticipates the award of one (1) Contract from this RFP.

The initial term of the Contract is anticipated to be 2 years with options for renewal in two (2) year increments upon written notice from DAS SPS.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference 10/13/2025 10:00 AM PT

Questions / Requests for Clarification Due 10/15/2025 4:00 PM PT

Answers to Questions / Requests for Clarification Issued (approx.) 10/20/2025 4:00 PM PT

RFP Protest Period Ends 09/30/2025 4:00 PM PT

Opening (Proposal Due) 10/27/2025 4:00 PM PT

Opening of Proposal 10/27/2025 4:00 PM PT

Issuance of Notice of Intent to Award (approx.) 11/17/2025 4:00 PM PT

Award Protest Period Ends 11/25/2028 4:00 PM PT

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct ALL communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(3).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf.

“Contract” is defined in General Terms and Conditions.

“State”: means the State of Oregon.

“Authorized Electronic Signature”: means that an electronic signature from a Proposer that is duly authorized to enter into an Agreement on behalf of the Proposer, is acceptable for that Proposal document.

“Successful Proposer”: means the person, or legal or commercial entity to which the award of a Contract is made.

“Technician(s)”: means a person who is completing Services under the Contract.

“Industrial Air Compressor, Air Dryer, and Vacuum Pump System”: means An industrial air compressor air dryer and vacuum pump system consists of three integrated components: an air compressor that supplies pressurized air, an air dryer that removes moisture from that air, and a vacuum system that creates a pressure differential to remove gas from sealed vessels.

Together, they provide clean, dry, pressurized air for industrial processes and can also be used for creating vacuum environments, ensuring clean air for sensitive applications like food and beverage processing, and preventing equipment damage from moisture in the air lines.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

DAS EAM is responsible for all phases of life cycle for state assets including facilities, real estate, vehicles and property including those slated for disposal. Providing these value-added services frees our customers to focus on their primary missions.

DAS EAM is responsible for ensuring that all maintenance and repairs are completed within required specifications, and guidelines including repairs made on an emergency basis. This https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

DAS Procurement Services, Version 4.5 March 31, 2023 Page 6 of 20 includes the maintenance and repairs for the Industrial Air Compressor, Air Dryer, and Vacuum Pump System.

2.3.2 Project Overview and Background

DAS EAM is responsible for ensuring that all maintenance and repairs are performed in accordance with guidelines and safety standards, including the maintenance and repair of the Industrial Air Compressor, Air Dryer, and Vacuum Pump System.

Currently there is one (1) location with this system installed, however more may be added over the life of the Contract.

2.3.3 Purpose

The purpose of this RFP is to solicit for and award a Contract to the Successful Proposer that best meets the needs of the Agency.

2.4 STATEMENT OF SERVICES

DAS EAM is responsible for the operation, maintenance and repair of the Industrial Air Compressor, Air Dryer, and Vacuum Pump System installed at the North Valley Complex located at: 26755 SW 95th Avenue, Wilsonville, OR 97070.

A complete Statement of Services that shall be provided under the Contract can be found in Exhibit A – Statement of Services.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:

3.1.1 Business Licensing Requirements

In order to be considered for Award Proposer shall have and submit with their Proposal the following licenses:

• A current and valid Oregon Commercial Contractors Business License; and

• A current and valid Oregon Buildings Code Division Boiler Business License.

3.1.2 Individual Technician(s) Licensing Requirements

• A current and valid Oregon Building Code Division Boiler Class 2 or higher individual license per OAR 918-225-0691 (4).

3.1.3 Key Person Requirements

Successful Proposer shall include in their Proposal a list of key personnel including resumes and proof of Technician(s) who will be providing the Services listed in Attachment A – Sample Contract, Exhibit A – Statement of Services of holding a current and valid Oregon Building Code Division Boiler Class 2 or higher individual license per OAR 918-225-0691 (4)

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3.1.4 Criminal Background Check

Successful Proposer and Successful Proposer’s Technician(s) shall be subject to a Criminal Records Check (“CRC”) and must be cleared before being allowed access to Agency’s premises or be authorized to perform Services under the Contract. Agency will provide Successful Proposer with forms and instructions for this purpose. Successful Proposer shall return the forms to Agency in the manner specifically instructed. Agency shall cover the costs of such Criminal Records Check.

If the Successful Proposer’s Technician(s) have lived outside of the State any time with in three (3) months of the beginning of the Services, Successful Proposer and/or Successful Proposer’s Technician(s) shall be subject to an additional Criminal Justice Information System (“CJIS”) Criminal Records Check from the Oregon State Police (“OSP”). Successful Proposer’s Technician(s) shall complete the security clearance background request, arrange finger printing, and submit these completed items by certified mail or hand delivered to the Agency for screening.

3.2 OPTIONAL CERTIFICATIONS

Proposer may include in their Proposal documentation for each Technician(s) performing maintenance and repair Services on the Industrial Air Compressor, Air Dryer, and Vacuum Pump System, that Technician(s) hold a valid and current Certified Compressed Air Specialist (“CCASS’) certification.

Proposer may include in their Proposal documentation for each Technician(s) performing maintenance and repair Services on the Industrial Air Compressor, Air Dryer and Vacuum Pump System, that Technician(s) hold a valid and current Certified Compressed Air System Assessor (“CCASA”) certification.

These certifications shall be issued by the Compressed Air and Gas Institute (“CAGI”).

Proposer may include in their Proposal documentation that each Technician(s) performing maintenance and repair Services on the Industrial Air Compressor, Air Dryer and Vacuum Pump System, that Technician(s) have a working knowledge of current Occupational Health and Safety Administration (“OSHA”) or The American Society of Mechanical Engineers “(ASME”) codes and safety standards.

The inclusion of these additional certifications or proof of working knowledge may receive additional points in the scoring process as detailed in Section 3.4.9 Optional Certifications.

3.3 MINIMUM SUBMISSION REQUIREMENTS

3.3.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Executive Summary

• Disclosure Exemption Affidavit (Attachment B)

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• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons, Resumes and Applicable Credentials (Attachment H)

3.3.2 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal% 20Solicitation%20Response.pdf.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Attachment B – Disclosure Exemption Affidavit.

Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

The Attachment C – Proposer Information and Certification Sheet must bear the Proposer’s authorized representative’s Signature.

3.3.3 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.4 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP will be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.4.1 Executive Summary (SCORED)

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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Proposer shall return with its Proposal an Executive Summary. The Executive Summary shall include at a minimum:

• A brief history of Proposers company and experience in providing safe maintenance and repair Services for Industrial Air Compressor, Air Dryer, and Vacuum Pump Systems.

• Proposers’ ability to perform the maintenance and repair Services listed in Attachment A – Sample Contract, Exhibit A – Statement of Services.

• The Proposers safety plan or safety expectations while providing maintenance and repair Services on the Industrial Air Compressor, Air Dryer, and Vacuum Pump System.

• Proposers’ ability to respond to emergency repair or maintenance calls within the designated time limits listed in Attachment A – Sample Contract, Exhibit A – Statement of Services.

The Executive Summary will be scored as follows:

A proposer that submits and Executive Summary that clearly identifies having at least two

(2) years of experience in maintenance and repair Services for Industrial Air Compressor, Air Dryer, and Vacuum Pump Systems, demonstrates in its summary the ability to perform the required maintenance and repair Services, has a written safety plan or expectations and can respond to emergency repair calls within the designated time may receive ten (10) points.

A Proposer that is missing any one of the criteria listed above may receive five (5) points.

A Proposer that is missing any two or more of the criteria listed above may receive zero (0) points.

3.4.2 Attachment B – Disclosure Exemption Affidavit (NOT SCORED)

Proposer shall return with its proposal a completed Attachment B – Disclosure Exemption Affidavit.

3.4.3 Attachment C – Proposer Information and Certification Sheet (NOT SCORED)

Proposer shall return with its Proposal a completed Attachment C – Proposer Information and Certification Sheet.

3.4.4 Attachment D – Reference Check Form (SCORED)

Proposer shall return with its Proposal four (4) references from current or former client firms for similar projects performed for any clients within the last two (2) years. References must be able to verify the quality of previous, related Work.

DAS SPS may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. DAS SPS may use references to obtain additional information, or verify any information needed. DAS SPS may contact any reference (submitted or not) to verify Proposer’s qualifications.

Proposer shall send the Attachment D – Reference Check Form to its references.

Reference forms must be completed by the reference and sent by the reference via the email

DAS Procurement Services, Version 4.5 March 31, 2023 Page 10 of 20 on the Attachment D – Reference Check Form to the SPC. Reference forms must be received prior to Opening. Reference forms not received before Opening will not be scored.

Attachment D – Reference Check Form will be evaluated and scored as follows:

Four (4) references received for a Proposer with a completed satisfaction score of forty (40) and (3) may receive thirty (30) points.

Four (4) references received for a Proposer with a completed satisfaction score of between thirty (30) and twenty (20) may receive a score of twenty (20) points.

Four (4) references received for a Proposer with a completed satisfaction score of between twenty (20) and fifteen (15) may receive a score of ten (10) points.

If less than four (4) references are received for a Proposer or the completed satisfaction score is below fifteen (15) the Proposer may receive a score of zero (0).

Proposer shall submit reference names and contact information. DAS SPS will make three

(3) attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

3.4.5 Attachment E - Price Proposal Form (SCORED)

Attachment E – Price Proposal Form shall be submitted with Proposers Proposal. The Attachment E – Price Proposal Form price evaluation information is contained in Section

4.10.2 Price Evaluation.

3.4.6 Attachment F – COBID Certification / Outreach Plan (NOT SCORED)

Proposer shall complete the Attachment F - COBID Certification / Outreach Plan and return with its Proposal. The Attachment F - COBID Certification / Outreach Plan must be returned whether it applies to the Proposer or not. Proposer who does not complete and return the form may be found unresponsive and their proposal may not be considered for evaluation.

3.4.7 Attachment G – Responsibility Inquiry (NOT SCORED)

Proposer shall return with its Proposal a completed Attachment G – Responsibility Inquiry.

3.4.8 Attachment H – Key Persons, Resumes and Applicable Credentials

(PASS/FAIL)

Proposer shall complete Attachment H – Key Persons, Resumes and Applicable Credentials, or provide the information in a readable and printable format. The information contained in the Attachment H – Key Persons, Resumes and Applicable Credentials must at a minimum include:

• Technician(s) Name & contact information (if different from Proposers contact information);

• Email;

• Title/Function;

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• Technicians complete resume;

• Clearly identify that Proposer has at least two (2) years of experience providing maintenance and repair Services for Industrial Air Compressor, Air Dryer and Vacuum Pump Systems; and

• Clearly identify that Technician(s) hold a current and valid Oregon Building Code Division Boiler Class 2 or higher individual license per OAR 918-225-0691 (4). By providing Boiler License number.

Proposers that return Attachment H – Key Persons, Resumes and Applicable Credentials that do not show the minimum required information above will receive a FAIL score and will not be considered for further evaluation.

3.4.9 Optional Certifications (SCORED)

A Proposer including in their Proposal proof of Technician(s) holding a current and valid CCASS, CCASA, and documentation that demonstrates knowledge of OSHA or ASME may receive an additional thirty (30) points;

A Proposer including in their Proposal proof of Technicians(s) holding a valid CCASS (or) CCASA, and documentation that demonstrates knowledge of OSHA or ASME may receive an additional twenty (20) points;

A Proposer including in their Proposal only knowledge of OHSA or ASME may receive an additional ten (10) points; and

A Propose who does not include any of the optional certifications may receive zero (0) additional points.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project;

• Explain the RFP process; and

• Answer any questions Proposers may have related to the project or the process.

https://oregonbuys.gov/

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Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by Microsoft Teams: Join the meeting now or via telephone at (503) 446-4951, Conference Code: 452 376 163#.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via an OregonBuys submission, or email QUESTIONS WILL NOT

BE ANSWERED VIA TELEPHONE;

• Reference the OregonBuys bid number S-10700-00014813;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 4:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number S-10700-00014813;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODU0ZDllMmMtMzM0My00ZTk1LWI4M2QtNDM5ZmZmZjQwNzNl%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22abab7779-6768-419d-a4cd-6e690d252ffa%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODU0ZDllMmMtMzM0My00ZTk1LWI4M2QtNDM5ZmZmZjQwNzNl%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22abab7779-6768-419d-a4cd-6e690d252ffa%22%7d

DAS Procurement Services, Version 4.5 March 31, 2023 Page 13 of 20 o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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4.9 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.3 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

4.10.2 Price Evaluation

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 3.4 Attachment E -Price Proposal Form from Proposers will be scored as follows:

• Proposer with the lowest Price Proposal will receive 20 points.

• Proposer with the second lowest Price Proposal will receive 10 points.

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• Proposer with the third lowest Price Proposal will receive 5 points.

• All other Proposers will receive 0 points.

4.10.3 PREFERENCES

4.10.3.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.3.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.3.3 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.10.3.4 Tiebreakers

If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract/Price Agreement, Agency shall award the Contract/Price Agreement in accordance with the procedures outlined in OAR 137-046-0300.

4.11 [ROUND 1] POINT AND SCORE CALCULATIONS

Scores are the values (0 through 300) assigned by each evaluator.

Points are the total possible for each section as listed in the table below.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

TOTAL POINTS POSSIBLE: 90

3.3.1 Executive Summary 10

3.3.4 Reference Check Form 30

3.3.8 Key Persons, Resumes and Applicable Credentials PASS/FAIL

3.4.9 Optional Certifications 30

4.10.2 PRICE POINTS POSSIBLE 20

https://www.naspo.org/reciprocity1

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After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

DAS SPS may, in DAS SPS’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS SPS will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.12.1 Next Step Determination

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.12.2 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract/Price Agreement, will award a Contract/Price Agreement to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number S-10700-00014813;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer who is selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Attachment A – Sample Contract, Exhibit D – Insurance Requirements.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

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5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract/Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry.

5.3.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract/Price Agreement, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Attachment A – Sample Contract listed below.

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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However, Agency is not required to make any changes, and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

• Oregon Business License Requirements

• Technician Certification Requirements In the event that the parties have not reached mutually agreeable terms within twenty 20 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= oregon4biz

If the Contract/Price Agreement has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

DAS Procurement Services, Version 4.5 March 31, 2023 Page 20 of 20 must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.3 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025) https://www.oregon.gov/das

3.4 PROPOSAL REQUIREMENTS