RFP No. S-19800-00014589_Addendum No. 2_Final.pdf

STATE OF OREGON

COVER PAGE

Oregon Judicial Department

DIGITAL ACCESSIBILITY AUDIT – OJD PUBLIC FACING CONTENT

Request for Proposal (RFP)

S-19800-00014589

Date of Issue: September 12, 2025

Bid Closing Date: November 7, 2025

Single Point of Contact (SPC): Bob Baxter, Procurement Manager, CPPO, CPPB

Address: 1133 Chemeketa Street NE City, State, Zip Salem, OR 97301 Phone (voice) 503-986-6410 Phone (fax) 503-986-7001 E-mail: robert.a.baxter@ojd.state.or.us mailto:robert.a.baxter@ojd.state.or.us

RFP No. S-19800-00014589 – Digital Accessibility Audit – OJD Public Facing Content

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, BACKGROUND, AND PURPOSE

2.3.1 OJD Overview and Background

2.3.2 Project Background

2.3.3 Project Overview

2.4 SCOPE OF WORK

2.4.1 General

2.4.2 Specifications ........................................................................................................... Error! Bookmark not defined.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM REQUIREMENTS

3.1.1 Minimum Proposer Qualification Requirements

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Content Requirements

3.2.2 Proposal Format and Quantity

3.2.3 Authorized Representative

3.3 PROPOSAL CONTENT REQUIREMENTS

3.3.1 Proposal Certification Sheet

3.3.2 Proposer Information Sheet

3.3.3 Minimum Proposer Qualification Requirements

3.3.4 Proposer Overview

3.3.5 Prior Experience

3.3.6 Proposer’s Understanding the RFP and the Project

3.3.7 Assessment Methodology

3.3.8 Qualifications of Staff and Staffing Plan

3.3.9 Project Plan and Timeline

3.3.10 References

3.3.11 Cost Proposal

3.3.12 Public Record/Confidential or Proprietary Information

SECTION 4: PROCUREMENT PROCESS

4.1 Public Notice

4.2 Questions / Requests for Clarification and Requests for Change

4.3 Pre-Proposal Conference

4.3.1 Attendance at Pre-Proposal Conference

4.4 Questions / Requests for Clarification and Requests for Change

4.5 Proposal Submission Options

4.5.1 Submission Via Parcel Carrier

4.5.2 Submission in Person

4.6 Proposal Modification or Withdrawal

4.7 Proposal Due

4.8 Proposal Rejection

4.9 Opening of Proposal

4.10 EVALUATION PROCESS

4.10.1 Responsiveness Determination

4.10.2 Responsibility Determination

4.10.3 Evaluation Criteria

4.11 COST EVALUATION

4.12 POINT AND SCORE CALCULATIONS

4.13 NEXT STEP DETERMINATION

4.14 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

5.1.2 Intent to Award Notice

5.1.3 Multiple Awards

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

5.2.2 Response to Protest

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3.1 Insurance

5.3.2 Taxpayer Identification Number

5.3.3 Business Registry

5.3.4 Pay Equity Certification

5.3.5 Nondiscrimination in Employment

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFICATION OFFICE FOR BUSINESS INCLUSION AND DIVERSITY (COBID)

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 RECYCLABLE PRODUCTS

6.8 CHECKLIST DISCLAIMER

SECTION 7: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT CHECKLIST DISCLAIMER

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER CERTIFICATION SHEET

ATTACHMENT D PROPOSER INFORMATION SHEET

ATTACHMENT E REFERENCE CHECK FORM

ATTACHMENT F COBID CERTIFICATION

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H PROPOSAL CHECKLIST

ATTACHMENT I OJD’s GENERAL PROCUREMENT - INTERIM POLICY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon (State), acting by and through the Oregon Judicial Department, (OJD), on behalf of its Office of the State Court Administrator, is issuing this Request for Proposal (RFP) to solicit Written responses to this RFP (Proposals) from experienced Proposers qualified to conduct a digital accessibility audit of all of OJD’s public facing digital content.

Additional details on the requested Services are included in Section 2.4 SCOPE OF WORK of this

RFP.

OJD may make a single award to one vendor. However, OJD reserves the right to award separate contracts to separate vendors for each task; and may award all or part of this solicitation, as OJD determines in its sole discretion.

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.

Event Date Time

Pre-Proposal Conference September 26, 2025 10:00 a.m. (PT)B

Questions / Requests for Clarification and Requests for Change Due

October 8, 2025 3:30 p.m. (PT)

Closing (Proposals Due) November 7, 2025 3:30 p.m. (PT)

Presentations, Demonstrations, or Interviews TBD

Issuance of Notice of Intent to Award (approx.) TBD

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

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, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

OJD is issuing this RFP pursuant to its authority under ORS 1.002, 1.008(3), and 8.125(10).

OJD is using the Request for Proposals method, pursuant to the OJD’s General Procurement – Interim Policy, effective April 23, 2025 (Attachment I).

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized terms not specifically defined in this RFP are defined in OJD’s General Procurement – Interim Policy (Attachment I).

2.3 OVERVIEW, BACKGROUND, AND PURPOSE

2.3.1 OJD Overview and Background

This section provides an overview of OJD and includes information and organizational statistics.

Oregon state courts include the Supreme Court, Court of Appeals, 36 circuit courts in 27 Judicial Districts, and the Tax Court. These state courts are part of the OJD. Each of the 27 districts includes one or more counties. Because some Oregon counties have relatively small populations and caseloads, the legislature has combined them into multicounty Judicial Districts. Each of Oregon's 36 counties has a circuit court. In most counties, the court has its offices in the county courthouse. In a few counties, the court has offices and courtrooms in more than one location.

Figure 1 below provides an illustration of how Oregon’s 36 counties are assembled into 27 districts.

Figure 1

The Chief Justice of the Oregon Supreme Court is the administrative head and chief executive officer of OJD. The Chief Justice supervises the state court system, makes rules and issues orders to carry out the duties of the office, appoints the Chief Judge of the Court of Appeals and the presiding judges of the state judicial districts, adopts rules that establish procedures for all state courts, and supervises the statewide fiscal plan and budget for all state courts.

The State Court Administrator (SCA) is the OJD’s chief operating officer and assists the Chief Justice in administering and supervising the state courts through the various divisions of the Office of the State Court Administer (OSCA).

In each Judicial District, the Chief Justice appoints a presiding judge. The presiding judge has general administrative authority and supervision over the district to apportion the workload, make rules, and issue administrative orders. The presiding judge appoints a professional trial court administrator (TCA) to help the presiding judge manage the court's operations and local budget.

The circuit courts handle all case classes and types, including, but not limited to, all civil cases (e.g. small claims, probate, mental health, juvenile, domestic relations) and all criminal cases (e.g.

felony, misdemeanor, and violation cases).

2.3.2 Project Background

In 2018, the United States Department of Justice (USDOJ) promulgated regulations applicable to public entities under the Americans with Disabilities Act (ADA) that include technical standards governing a public entity’s website accessibility. The purpose of the standards is to ensure that web content and mobile apps made available by public entities to members of the public are accessible and usable by individuals with disabilities. These new standards are effective beginning April 24, 2026. Given the upcoming effective date, OJD is undertaking a review of its digital content to ensure it is in compliance with the new standards.

2.3.3 Project Overview

The purpose of this RFP is to solicit responses from vendors qualified to conduct a digital accessibility audit of all OJD’s public facing digital content to ensure OJD is in compliance with the ADA Web Content Accessibility Guidelines (WCAG) 2.1 Levels A and AA success criteria and conformance requirements (28 CFR 35.200(b)(1) and (3) and 28 CFR 35.204). The scope of the Services includes, without limitation, audit of design accessibility, document accessibility, mobile accessibility, and web accessibility. In carrying out the Services under this RFP, OJD anticipates work will be performed remotely.

However, the scope of this RFP, will generally exclude a digital accessibility audit of digital content managed and disseminated by OJD’s third party contractors.

2.4 SCOPE OF WORK

2.4.1 General

Please refer to Exhibit A of the Sample Personal and Professional Services Contract attached as Attachment A for the complete scope of work and compensation structure.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 PROPOSER REQUIREMENTS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all mandatory qualification requirements of in Section 3.1.1 and demonstrate if Proposer meets the preferred qualifications in Section 3.1.2:

3.1.1 Minimum Proposer Qualification Requirements

3.1.1.1 Proposer shall possess all licenses and certifications necessary to perform the Services called out in this RFP.

3.1.1.2 Proposer shall have a minimum of 5 years of experience providing Services similar in scope to what is identified in this RFP.

3.1.2 Preferred Proposer Qualifications

3.1.2.1 It is preferred that Proposer possess one or more of the following certifications: Web Accessibility Specialist (WAS); Certified ADA Inspector; Certified Professional in Accessibility Core Competencies (CPACC); Certified Professional of Web Accessibility (CPWA); federally certified web accessibility tester; or similar certification.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Content Requirements

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

3.2.1.1 Proposer Overview

3.2.1.2 Proposal

3.2.1.3 Disclosure Exemption Affidavit (Attachment B) if applicable

3.2.1.4 Proposer Certification Sheet (Attachment C)

3.2.1.5 Proposer Information Sheet (Attachment D)

3.2.1.6 Reference Check Form (Attachment E)

3.2.1.7 COBID Certification (Attachment F)

3.2.1.8 Responsibility Inquiry (Attachment G)

3.2.1.9 Key Persons Resumes

3.2.2 Proposal Format and Method

Proposal should follow the format and reference the sections listed in the Proposal Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information.

Proposer shall submit its Proposal without extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal.

Proposer shall submit its Proposal bearing the Proposer’s authorized representative’s Signature.

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 Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer Certification Sheet, Proposer Information Sheet, and Proposer Responsibility Inquiry must bear the Proposer’s authorized representative Signature.

Proposer shall submit its Proposal as an electronic copy. Proposer shall submit its Proposal and all other submittal requirements, via USB drive, in a sealed package addressed to the SPC with the Proposer’s name and the RFP number clearly visible on the outside of the package.

Proposer’s electronic copy of the Proposal and all other submittal requirements submitted on the USB drive must be formatted using one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx) as applicable. Annotated drawings must be formatted using Microsoft Office or Adobe product. Drawings must not be formatted using AutoCAD or similar products.

Cost Proposal and related information must be submitted as a separate file on USB drive.

3.2.3 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by OJD.

3.3 PROPOSAL CONTENT 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 Services to be performed. A Proposal that merely offers to provide the Services as stated in this RFP will be considered non-Responsive to this RFP and will not be considered further. Do not include marketing or advertising material in the Proposal. Proposal should be straightforward and address the requests of the RFP. Proposals containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Disclosure Exemption Affidavit

The Proposer shall complete and submit the Disclosure Exemption Affidavit if applicable (Attachment B)

3.3.2 Proposal Certification Sheet

The Proposer shall complete and submit the Proposal Certification Sheet (Attachment C).

3.3.3 Proposer Information Sheet

The Proposer shall complete and submit the Proposer Information Sheet (Attachment D).

3.3.4 Proposer Qualification Requirements

Proposer shall include in its Proposal a response to each of the requirements listed in this section.

Proposer’s response to each requirement shall follow a restatement of that respective requirement followed by Proposer’s response on how Proposer meets such requirement.

3.3.4.1 In order to support compliance with the minimum requirement in 3.1.1.1, Proposer shall include in its Proposal photocopies of all applicable licenses and certifications.

3.3.4.2 In order to support compliance with the minimum requirement 3.1.1.2, Proposer shall include in its Proposal the following for each customer being submitted as support of compliance with required experience:

(i) the customer’s name; and

(ii) a comprehensive description of Proposer’s experience providing services similar in scope to what is identified in this RFP to the customer; and

(iii) the duration that Proposer provided those services to the customer.

In order to be considered compliant with this minimum requirement, Proposer must provide at least one or more customers that singly or combined meet the minimum of 5 years’ experience.

3.3.4.3 In order to support compliance with the preferred qualification in 3.1.2.1, Proposer shall include in its Proposal photocopies of all applicable licenses and certifications.

3.3.5 Proposer Overview

Proposer must include a description of professional services offered, number of dedicated staff resources, number of years in business, and any additional information relevant to the services requested for the project.

Additionally, while this information is not considered in any scored evaluation, Proposer shall also complete and submit the COBID Certification (Attachment F) indicating if Proposer is a minority-owned business, woman-owned business, business that service-disabled veterans own, or emerging small business.

3.3.6 Prior Experience

Detailed Description. Proposer shall include a detailed description of Proposer’s experience and expertise in providing similar services necessary to complete the requirements for the project.

Include a brief description of the types of services provided.

3.3.7 Proposer’s Understanding the RFP and the Project

Proposer accepts full responsibility to understand the RFP in its entirety, and in detail, including making any inquiries to SPC as necessary to gain such understanding. As part of this requirement, Proposer shall provide a detailed description of their understanding of the project.

3.3.8 Assessment Methodology

Briefly describe how Proposer would carry out the major activities of this project in the context of the Scope of Work. Proposer should include a comprehensive narrative detailing how their proposed plans and approach will meet the needs and expectations for each component of the project. Explain general procedures as well as the tools to be used during each component of the project.

3.3.9 Qualifications of Staff and Staffing Plan

Proposer shall include a detailed description and staffing plan for how your organization will staff the project. The description and plan shall include a roster of all staff, including any key personnel, proposed to perform Services for this project. The description for each staff person proposed shall include the title of proposed staff, team role (if applicable), and a current resume or CV. Resumes or CV’s must detail the proposed staff’s certifications and licenses, skills, knowledge and experience, including experience in providing services similar to the Services called out in this RFP.

NOTE: Individuals performing services under a contract resulting from this RFP may be required to pass a criminal background check prior to performing those services.

3.3.10 Project Plans.

Provide a description of the project plan for providing the Services related to each task being sought under this RFP.

In providing the project plan, Proposer shall include the details on how you will meet the accomplish the proposed tasks.

3.3.11 References

Provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must verify the quality of previous, related Work.

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

Proposer shall send the Reference Check Form (Attachment E) to its references. Reference forms must be completed by the reference and sent directly to the SPC by the reference.

Reference forms need to be received prior to Closing. Reference forms received after Closing may not be scored.

3.3.12 Cost Proposal

Proposer shall submit their Cost Proposal and all related information as a separate file in the electronic response.

The Cost Proposal shall specify the proposed fixed price for each of the 5 phases identified in Exhibit A of the Sample Personal and Professional Services Contract attached as Attachment A and a total not-to-exceed for all phases. Proposer's fixed price for each phase shall be inclusive of all labor, goods, services and materials necessary to complete the required services.

3.3.13 Public Record/Confidential or Proprietary Information

This RFP and one copy of each Proposal received in response to it, together with copies of all documents pertaining to the award of a Contract, shall be kept by OJD and made a part of a file or record that may be open to public inspection. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal as set forth in Section 3.2.2 above.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. OJD advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

SECTION 4: PROCUREMENT PROCESS

4.1 PUBLIC NOTICE

The RFP, including all Addenda and attachments, is published in the OREGONBUYS eProcurement System (OregonBuys) at https://oregonbuys.gov/bso/. RFP documents will not be mailed to prospective Proposers.

OJD shall advertise all Addenda on OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

https://oregonbuys.gov/bso/

4.2 QUESTIONS / REQUESTS FOR CLARIFICATION AND REQUESTS FOR CHANGE

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 email;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative;

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

• Identify the specifics of the request for clarification or request for change; and

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

4.3 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 an overview of the project;

• Explain the RFP process; and

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

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

4.3.1 Attendance at Pre-Proposal Conference

The pre-Proposal conference will be held via Microsoft Teams. Any prospective Proposers wishing to attend the pre-Proposal conference must provide their contact and email address to the SPC via email by September 25, 2025, by 12:00 p.m. (PT). For all prospective Proposers that timely provide their email and contact information to the SPC, the SPC will send to the email provided by prospective Proposers an invitation to the Microsoft Teams Pre-Proposal Conference.

4.4 QUESTIONS / REQUESTS FOR CLARIFICATION AND REQUESTS FOR CHANGE

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 email;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative;

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

• Identify the specifics of the request for clarification or request for change; and

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

4.5 PROPOSAL SUBMISSION OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. OJD is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Proposal submitted by any means not authorized will be rejected.

4.5.1 Submission Via Parcel Carrier

Proposal may be submitted via parcel carrier, UPS, Fed-Ex, etc., and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s name and the RFP number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

Note: USPS does not deliver to the 1133 Chemeketa Street address.

4.5.2 Submission in Person

Proposal may be hand delivered and must be clearly labeled and submitted in a sealed envelope, package or box. Proposal will be accepted, prior to Closing, during OJD’s normal Monday – Friday business hours of 8:00 am to 5:00 pm Pacific Time, except during State of Oregon holidays and other times when OJD is closed. The outside of the sealed submission must clearly identify the Proposer’s name and the RFP number. It must be delivered to the attention of the SPC at the address listed on the Cover Page.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

Any Proposer who wishes to make modifications to a Proposal already received by OJD, but prior to Closing, shall submit its modification in one of the manners listed in the Proposal Submission Options section and must denote the specific change(s) to the Proposal submission.

If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a Written notice signed by an authorized representative of its intent to withdraw its Proposal. The notice must include the RFP number and be submitted to the SPC.

4.7 PROPOSAL DUE

Proposal and all required submittal items must be received by the SPC on or before Closing. Proposal received after the Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposer or destroyed.

4.8 PROPOSAL REJECTION

OJD 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 fails to meet the responsibility requirements outlined below:

o General: Proposer is required to demonstrate their ability to perform satisfactorily under a contract.

o B. Considerations: In determining whether a Proposer has met the standards of responsibility, OJD must consider whether the Proposer has met the following criteria:

1. Business Qualifications: Has available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the Proposer to meet all contractual responsibilities;

2. Record of Performance: Has a satisfactory record of contract performance. OJD must carefully scrutinize a Proposer’s record of contract performance if the Proposer is or recently has been materially deficient in contract performance. In reviewing the Proposer’s performance, OJD must determine whether the Proposer’s deficient performance was expressly excused under the terms of the contract or whether Proposer took appropriate corrective action. OJD may review Proposer’s performance on both private and public contracts in determining Proposer’s record of contract performance;

3. Record of Integrity: Has a satisfactory record of integrity. A Proposer may lack integrity if OJD determines Proposer demonstrates a lack of business ethics such as violation of state environmental laws or making of false certifications. OJD may find a Proposer nonresponsible based on the lack of integrity of any person having influence or control over the Proposer (such as a key employee of Proposer that has the authority to significantly influence Proposer’s performance of the contract or a parent company, predecessor, or successor person);

4. Legally Qualified: Is qualified legally to contract with OJD; and

5. Necessary Information: Has supplied all necessary information in connection with the inquiry concerning responsibility. If Proposer fails to promptly supply information requested by OJD concerning responsibility, OJD must base the determination of responsibility upon any available information or may find Proposer nonresponsible.

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

• Proposer attempts to inappropriately influence a member of the evaluation committee.

• Proposal is conditioned on OJD’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 Addenda.

4.9 OPENING OF PROPOSAL

There will be no public opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of the Award is issued. However, OJD will record and make available the identity of all Proposers after opening.

4.10 EVALUATION PROCESS

4.10.1 Responsiveness Determination

Proposals received prior to Closing will be reviewed to determine if they are Responsive to all RFP requirements including compliance with Minimum Submission Requirements section and Proposal Content Requirements section. 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, OJD may waive mistakes in accordance with the procedures outlined in this Section 4.10.

OJD reserves the right, in its sole discretion, to allow all Proposers submitting a Proposal in response to this RFP the ability to correct deficiencies in their respective Proposals for the purpose of determining responsiveness during evaluation.

4.10.1.1 OJD’s Treatment of Mistakes. OJD shall not allow a Proposer to correct or withdraw its Proposal for an error of judgment. If OJD discovers certain mistakes in a Proposal after closing, but before award of the contract, OJD may take the following action:

4.10.1.1.1 Minor Informality: OJD may waive or permit a Proposer to correct a minor informality. A minor informality is a matter of form rather than substance when it is evident on the face of the offer or an insignificant mistake that can be waived or corrected without prejudice to other Proposers. An examples of minor informality is, but is not limited to, a Proposer’s failure to sign its Proposal in the designated block, provided a signature appears elsewhere in the Proposal, evidencing an intent to be bound; and

4.10.1.1.2 Clerical Error: OJD may correct a clerical error if the error is evident on the face of the Proposal or other documents submitted with the Proposal and the Proposer confirms OJD’s correction in writing.

A clerical error is a Proposer’s error in transcribing its Proposal.

Examples include typographical mistakes, errors in extending unit prices, transposition errors, errors in arithmetic, and instances in which the intended correct unit or amount is evident by simple arithmetic calculations. In the event of a discrepancy, unit prices must prevail over extended prices.

4.10.1.1.3 Withdrawing Offers After Closing: OJD may permit a Proposer to withdraw its Proposal based on one or more clerical errors in the Proposal only if the Proposer shows with objective proof and by clear and convincing evidence:

• the nature of the error;

• that the error is not a minor informality under this subsection or an error of judgment;

• that the error cannot be corrected or waived as a minor informality or clerical above;

• that Proposer acted in good faith in submitting its Proposal that contained the claimed error and in claiming that alleged error in the Proposal exists;

• that Proposer acted without gross negligence in submitting its Proposal that contained a claimed error;

• that Proposer will suffer substantial detriment if OJD does not grant Proposer permission to withdraw its Proposal;

• that OJD’s status has not changed so significantly that Proposer’s relief from its obligation will work a substantial hardship on OJD;

and

• that Proposer promptly gave notice of the claimed error to OJD.

4.10.1.2 Rejection for Mistakes: OJD must reject a Proposal in which a mistake is evident on the face of the Proposal and the intended correct Proposal is not evident or cannot be substantiated from documents submitted with the Proposal.

4.10.1.3 Identification of Mistakes after Award: Following award, Proposer is bound by its Proposal unless a request to rescind a contract is approved by OJD.

4.10.2 Responsibility Determination

OJD 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.

4.10.3 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an evaluation committee. Evaluators will assign a score of 0 to 10 for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the evaluation committee in gaining additional understanding of Proposals. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

4.10.3.1 Proposer Overview

How well does the Proposer provide an overview of its service offerings, dedicated staff resources, years in business, and additional relevant information.

4.10.3.2 Prior Experience

• To what degree has the Proposer demonstrated their level and depth of Proposer’s prior experience and expertise in providing services similar to the Services requested under this RFP.

• How well does Proposer demonstrate they have the resources and methodological expertise necessary to accomplish the Services identified in this RFP?

• To what degree does the Proposer meet the preferred qualifications?

• If Proposer submits samples:

o To what degree to the sample deliverables demonstrate Proposer’s proposed approach to a similar project to the project under this RFP?

o To what degree do the sample deliverables demonstrate Proposer’s expertise and experience in providing similar services?

4.10.3.3 Proposer’s Understanding of the RFP and the Project

To what degree has the Proposer demonstrated a thorough understanding of the purpose and scope of the Services called for in this RFP?

4.10.3.4 Assessment Methodology

• To what degree does Proposer methodology include all major activities of the project?

• How comprehensive is Proposer’s plan and approach for meeting the needs and expectations of each component of the project.

• To what degree are the proposed general assessment procedures and proposed tools practical and feasible?

• To what degree are the proposed general assessment procedures and proposed tools support the successful completion of the project?

4.10.3.5 Qualifications of Staff and Staffing Plan

• To what degree do the individuals assigned to perform the Services have experience providing similar Services?

• To what degree are resumes complete and do they demonstrate backgrounds that would be desirable for individuals engaged in performing the Services identified in this RFP?

4.10.3.6 Project Plan

• How well does Proposer’s project plan include all aspects of the project?

4.10.3.7 References

• Proposer will be evaluated under this category using the scores provided by Proposer’s references in accordance with Subsection 3.3.10 above.

4.11 COST EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a cost score to each Cost Proposal based upon the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

lowest cost of all Proposers X cost points possible = cost score cost being scored

4.12 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

Section Title Max Points

3.3.3 Proposer Preferred Qualifications 20

3.3.4 Proposer Overview 10

3.3.5 Prior Experience 80

3.3.6 Understanding of the RFP and the Project 45

3.3.7 Assessment Methodology 45

3.3.8 Qualifications of Staff and Staffing Plan 90

3.3.9 Project Plan 20

3.3.10 References 90

3.3.11 Cost 100

Total POINTS POSSIBLE 500

EXAMPLE:

Proposer A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Proposer A’s points for the criterion is 45.

4.13 NEXT STEP DETERMINATION

OJD may conduct additional rounds of competition if in the best interest of OJD. Additional rounds of competition may consist of, but will not be limited to:

• Based on total scores calculated as set forth above, may establish a range of Proposals which are deemed to have a reasonable likelihood of being selected for Award (Competitive Range)

• Interviews/presentations/additional submittal items from Proposers within the Competitive Range

• Best and final offers from Proposers within the Competitive Range.

If OJD elects to conduct additional round(s), OJD shall provide written notice to all Proposers describing the next step. At any time, OJD may dispense with the selected additional round and: (1) issue a notice of intent to Award to the highest-ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

4.14 RANKING OF PROPOSERS

The SPC will total the final average score (calculated by totaling the points awarded by each evaluation committee member and dividing by the number of members), together with references, and final cost.

SPC will then determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

OJD, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. OJD may award less than the full Scope defined in this RFP.

5.1.2 Intent to Award Notice

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

5.1.3 Multiple Awards

OJD reserves the right to make a single award to one vendor. However, OJD reserves the right to award separate contracts to separate vendors for each task; and may award all or part of this solicitation, as OJD determines in its sole discretion.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer (defined below) 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:

• All higher-ranked Proposers are ineligible to receive the Contract award because they are non-Responsive, or

• OJD committed a material violation of a provision of this RFP and but for that alleged material violation, Proposer would have been the highest-ranking Proposer.

If OJD receives only one Proposal, OJD may dispense with the 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 RFP number,

• Identify Affected Proposer’s name and contact information,

• Be signed by an authorized representative,

• 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

OJD 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 OJD.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3.1 Insurance

Prior to execution of the Contract, the apparent successful Proposer shall secure and demonstrate to OJD proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated.

Failure to demonstrate coverage may result in OJD terminating negotiations and commencing negotiations with the next highest-ranking Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements contained in Exhibit B of the Sample Contract (Attachment A) prior to the Proposal submission prior to Proposal submission.

5.3.2 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by OJD (normally in an intent to Award), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

OJD will not make any payment until Proposer has a properly completed W-9.

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. The selected Proposer shall submit a current Oregon Secretary of State business registry number, or an explanation if not applicable.

All corporations and other business entities (domestic and foreign) must have a registered agent in Oregon. For more information, see The Oregon Start a Business Guide available at the following site: http://sos.oregon.gov/business/Documents/business-guides/start-business-guide.pdf. Registration of your business is available at the following Internet site:

http://sos.oregon.gov/business/Documents/business-guides/start-business-guide.pdf http://sos.oregon.gov/business/Documents/business-guides/start-business-guide.pdf https://sos.oregon.gov/business/Pages/default.aspx

5.3.4 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 OJD 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 .

If applicable, Proposer shall provide this certification prior to execution of the Contract.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the Award of a Contract under this RFP, Proposer must certify by their Signature on Proposer Certification Sheet (Attachment C), 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 of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

After selection of a successful Proposer, OJD 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 OJD during the Questions / Requests for Clarification period set forth in Section 4.4. If OJD agrees to make any requested changes to the Sample Contract, OJD will issue an Addendum to notify Proposers of such changes. Unless OJD issues an Addendum modifying any of the terms and conditions, OJD 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, OJD may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, OJD 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.

OJD is willing to negotiate the term of the Contract, Contract Statement of Work, and Contract Price and payment terms as it is affected by negotiating the Statement of Work.

In the event OJD is unable to successfully negotiate a final Contract with the highest-ranking Proposer, OJD, in its sole and exclusive discretion, may terminate negotiation with the highest -ranking Proposer and commence negotiations with the second highest-ranking Proposer. OJD may continue this process until it has successfully negotiated a final Contract.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The Oregon Judicial Department 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 https://sos.oregon.gov/business/Pages/default.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

6.2 CERTIFICATION OFFICE FOR BUSINESS INCLUSION AND DIVERSITY (COBID)

Pursuant to Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, OJD encourages the participation COBID business enterprises in all contracting opportunities. OJD also encourages joint ventures or subcontracting with COBID business enterprises. For more information, please visit http://www.oregon4biz.com/How-We-Can-Help/COBID/

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 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 be construed as a waiver by OJD or 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 from the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the property of OJD. 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 unless the Proposal is submitted late.

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

6.5.1 General.

OJD 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 OJD, as determined by

OJD.

6.5.2 No Damages. Neither the State nor OJD is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

6.5.3 Proposal Rejection:

OJD must reject an offer upon OJD’s finding that the offer

6.5.3.1 is contingent upon OJD’s acceptance of terms and conditions (including specifications) that differ from this RFP;

http://www.oregon4biz.com/How-We-Can-Help/COBID/

6.5.3.2 takes exceptions to terms and conditions (including specifications) set forth in this

RFP;

6.5.3.3…