RFP_ODA.pdf

RFP# S-DASOBO-00000450 DAS PS– Mass Comparators – Purchase, Maintenance, And Service

STATE OF OREGON

COVER PAGE

The Department of Administrative Services, Procurement Services on Behalf of the Oregon Department of Agriculture

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00000520 for

MASS COMPARATORS – PRICE AGREEMENT

Date of Issue: October 1, 2021

Closing/Bid Opening Date: November 1, 2021

Single Point of Contact (SPC):

Nathan Ramos

Procurement & Contracts Specialist 1225 Ferry Street SE

Salem, Oregon 97303

Phone (voice) (971) 707-0016

E-mail: nathan.ramos@oregon.gov mailto:blake.j.schwabauer@oregon.gov

RFP# S-DASOBO-00000450 DAS PS– Mass Comparators – Purchase, Maintenance, And Service

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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION…………………………………………………6

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)…………………………...…………………………………………………………………7

SECTION 2: AUTHORITY OVERVIEW AND SCOPE…………………………………7

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

2.5 MINIMUM QUALIFICATIONS

2.6 MINIMUM SUBMISSION REQUIREMENTS

2.7 PROPOSAL REQUIREMENTS

SECTION 3: SOLICITATION PROCESS…………………………………………………13

3.1 PUBLIC NOTICE

3.2 PRE-PROPOSAL CONFERENCE

3.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

3.4 SOLICITATION PROTESTS

3.5 PROPOSAL DELIVERY

3.6 PROPOSAL MODIFICATION OR WITHDRAWAL

3.7 PROPOSAL DUE

3.8 PUBLIC OPENING

3.9 PROPOSAL REJECTION

3.10 EVALUATION PROCESS

3.11 POINT AND SCORE CALCULATIONS

3.12 RANKING OF PROPOSERS

3.13 NEXT STEP DETERMINATION

3.14 ADDITIONAL ROUNDS

SECTION 4: AWARD AND NEGOTIATION………………………………………….21

4.1 AWARD NOTIFICATION PROCESS

4.2 INTENT TO AWARD PROTEST

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.4 PRICE AGREEMENT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION…………………………………………25

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

5.5 COST OF SUBMITTING A PROPOSAL

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H SPECIFICATIONS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services Section (“DAS PS”) on behalf of the Oregon Department of Agriculture (“ODA” or “Agency”) and as part of the Executive Branch of the Oregon State government, is issuing this Request for Proposal under the provisions of ORS 279B.060 for the purchase of several high precision Mass Comparators to replace ageing and potentially obsolete critical weighing equipment used by ODA’s Mass Metrology Laboratory. The laboratory uses this equipment to fulfill the State’s mission of ensuring the metrological integrity of weighing and measuring equipment used commercially in the region.

Additional details on the Scope of the goods and services are included in the Scope of Work/Specifications section.

Agency anticipates the award of a single Price Agreement from this RFP.

The initial term of the Price Agreement will be 2 years with options to renew up to a cumulative maximum of 10 years.

Any purchases under the Price Agreement must be authorized by purchase orders or work orders issued by Agency in accordance with the ordering procedures described in Attachment A - Sample Price Agreement. Agency may issue purchase orders or work orders upon execution of this Price Agreement. Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

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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.

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.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS PS is issuing this RFP pursuant to its authority under OAR 125-246-0170(2).

DAS PS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS PS 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.

Event Date Time

Questions / Requests for Clarification Due Wednesday, October 13, 2021

4:00 PM PT

Answers to Questions / Requests for Clarification Issued (approx.)

Wednesday, October 20, 2021

RFP Protest Period Ends

Monday, October 25, 2021

7 calendar days prior to RFP Closing/Bid Opening Date

Closing /Bid Opening (Proposal Due) Monday, November 1, 2021 4:00 PM

PT

Issuance of Notice of Intent to Award (approx.)

Friday, November 12, 2021

4:00PM PT

Award Protest Period Ends Friday, November 19, 2021

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2.2 DEFINITION OF TERMS

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

“Closing” (referred to as “Bid Opening Date” in OregonBuys) means the date and time set as the deadline for submitting offers.

“Mass Comparator”: A device used to measure the small differences in mass(es) of two or more mass standards.

“Leveling Device”: A device installed between the mass standard and the weighing element used to minimize errors due to off-center loading.

“ABA Comparison”: A weighing sequence commonly used to measure the difference in mass between two mass standards. Standard A is placed on the Mass Comparator and a reading is taken. Standard B is placed on the Mass Comparator and a reading is taken.

Standard A is again placed on the Mass Comparator and a reading is taken. The mass difference is calculated as the difference between the average of standard A readings and the standard B reading.

“Repeatability”: The standard deviation of a series of Identical masses difference made sequentially on a single Mass Comparator.

“Mass Standard”: a weight manufactured to specifications, which are normally developed by either a consensus standards organization or a national metrology institute including ASTM E617-18, OIML R111 (2004), and NIST Handbook 105-1 (1990), that are normally used to calibrate weighing devices.

“On-Site” means the actual physical location of the Good(s) delivered or Services being performed.

“Worker”, pursuant to EO- 21-29, means an individual who is not an Employee, and is engaged to provide goods or services to the Executive Branch through any formal or informal agreement, whether compensated or uncompensated. Individuals are exempt from the definition of Worker unless any provision of the agreement to provide goods or services requires work to be performed in person and on site at an Executive Branch worksite, regardless of frequency, whether other persons are present, or any contingent nature of that requirement. Further information can be found at:

https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21- 29_ContractorFAQ.pdf

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

ODA’s mass metrology laboratory (the “Lab”) provides high integrity, independent https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21-29_ContractorFAQ.pdf https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21-29_ContractorFAQ.pdf

RFP S-DASOBO-00000520– Mass Comparators – Purchase, Maintenance, And Service Page 9 of 27 measurement services which help ensure consistency in weighing and measuring worldwide. The Lab ensures that mass and volumetric units of measure including the pound, the kilogram, the liter, and the gallon used in Oregon are the same as those used in the rest of the United States and in Canada, Mexico, Asia, Europe, and other places throughout the world. To fulfill this mission, the Lab depends on high precision mass measuring equipment used to complete a metrologically traceable chain of comparisons from the international standard of mass to the standards integral in many facets of industry and in ODA’s weights and measures program.

2.3.2 Project Overview and Background

Much of the Lab’s equipment is aging, and in some cases is obsolete, due to a lack of replacement parts and service expertise. ODA is seeking a supplier to replace the Lab’s equipment and to provide installation, training, and post-installation maintenance and servicing.

2.4 SPECIFICATIONS

ODA is soliciting a Price Agreement for the replacement of aging or obsolete Mass Comparators in ODA’s mass metrology laboratories and associated services including installation and maintenance (the “Project”). The list of comparators and associated specifications listed in Attachment H Specifications constitute a complete list of the units ODA may purchase under a resulting Price Agreement. ODA reserves the right to purchase other related equipment, as business needs change. Proposer must complete Attachment H Specifications, and return with Proposal to be considered for evaluation. A missing or incomplete Attachment H may be grounds for refusal of proposal. Proposer must be able to provide individual Mass Comparators capable of meeting all the specifications listed in Attachment H Specifications.

PROCUREMENT REQUIREMENTS

2.5 MINIMUM QUALIFICATIONS

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

2.5.1 Certification Requirements

The supplier must be ISO 9001 certified in the design, manufacture, assembly and shipping of Mass Comparators, as well as the installation, repair, and servicing of Mass Comparators.

The ISO 9001 certificate must be valid for the North American market in all of the areas

RFP S-DASOBO-00000520– Mass Comparators – Purchase, Maintenance, And Service Page 10 of 27 required by this section. The Mass Comparators proposed by the supplier must be models manufactured by the supplier.

2.5.2 Requirements for Service Capabilities.

The supplier must be capable of supplying comprehensive onsite repair and service options for the Mass Comparator post setup. In the event that the Mass Comparator must be returned to the manufacturer for servicing, the supplier will both secure and package the Mass Comparator for safe shipment. The supplier must be capable of providing onsite servicing using supplier -service personnel trained and qualified in the operation of all equipment produced by the Mass Comparator’s manufacturer. The supplier must be able to provide regional service and must demonstrate its ability to effectively provide prompt in-person on-site service at a reasonable rate.

2.5.3 Delivery

• Mass Comparators shall be delivered to:

Oregon Department of Agriculture ATTN: Metrology 635 Capitol Street NE, Suite 100 Salem, OR 97301

• Delivery terms shall be FOB destination.

2.6 MINIMUM SUBMISSION REQUIREMENTS

2.6.1 Proposal Contents

To be considered for evaluation, a Proposal must contain each of the following elements (which may be further detailed in Proposal Requirements section below). Failure to provide any of the information or the inability to demonstrate compliance with any of the mandatory requirements will result in rejection of the proposal, and the proposal will not be considered for further evaluation. DAS PS and ODA, in their sole discretion, shall determine which proposals meet the mandatory proposal requirements of this RFP.

Executive Proposal Summary. Proposer should describe how they meet the minimum requirements set forth by this RFP and how they would be able to provide the products, training, and warranty services requested in this RFP. Proposer shall provide (i) an overview of the business (who are they, what they supply, what type of customers they service), (ii) an overview of the mass measuring instruments they offer and who uses them, (iii) an overview of their commitment to customer support, RFP S-DASOBO-00000520– Mass Comparators – Purchase, Maintenance, And Service Page 11 of 27

(iv) a description of the service capabilities and the availability of service personnel,

(v) a description of Proposer’s commitment to making parts and service available for equipment for a defined period of time, and (vi) a timeline scenario plan that the Proposer intends to follow for each equipment purchase.

Specifications. Proposer shall describe how it meets all the specifications listed in Attachment H. In addition, a copy in PDF format of the operating manual for each Mass Comparator must be supplied for review. One manual may cover multiple devices.

Disclosure Exemption Affidavit (Attachment B)

Proposer Information and Certification Sheet (Attachment C)

Reference Check Form (Attachment D)

Cost Proposal Form (Attachment E)

COBID Certification / Outreach Plan (Attachment F)

Responsibility Inquiry (Attachment G)

Specifications (Attachment H)

2.6.2 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements Section 2.7. Responses to each section and subsection should be labeled to indicate the item being addressed.

2.6.3 Authorized Representative

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

2.7 PROPOSAL REQUIREMENTS

Proposal must contain each of the items listed in Section 2.6.1(Proposal Contents) and 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 may 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

RFP S-DASOBO-00000520– Mass Comparators – Purchase, Maintenance, And Service Page 12 of 27 marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

2.7.1 Disclosure Exemption Affidavit (Attachment B) (Not Scored)

Proposer shall complete and submit Attachment B (Disclosure Exemption Affidavit), and either:

designate on Exhibit A of Attachment B any Proposal items Proposer identifies are exempt or conditionally exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), or designate on Exhibit A of Attachment B by entering “None” that Proposer does not identify any Proposal items as exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478) Proposer Information and Certification Sheet (Attachment C).

Price information is generally not considered a trade secret that is exempt from disclosure under the Oregon Public Records Law and identifying the Proposal, in whole, as exempt from disclosure is not acceptable.

2.7.2 Proposer Information and Certification Sheet (Attachment C) (Not Scored)

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

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

2.7.3 References (Attachment D) (Not Scored)

Proposer must provide 3 references from current or former customers who have purchased equivalent mass comparators for use in U.S. based high precision mass metrology laboratories within the last 5 years. References must be able to verify the mass comparator quality and the quality of post purchase support including training, installation, and warranty.

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

2.7.4 Cost Proposal (Attachment E) (Scored)

Proposer shall complete and submit its Cost Proposal (Attachment E). Cost Proposal must include shipment and delivery in the overall price of each item.

2.7.5 Responsibility Inquiry Form (Attachment G) (Not Scored)

Proposer shall submit a signed Responsibility Inquiry Form (Attachment G) with

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Proposal.

2.7.6 Specifications (Attachment H) (Mandatory Specifications -Pass/Fail; Desirable Specifications - Scored)

Specifications shall submit how they meet the qualifications for both Mass Comparator Specifications and Inclusional Specifications in Column E of Attachment H Specifications.

2.7.8 Executive Summary Proposal. (Scored) See Section 2.6.1.

SECTION 3: SOLICITATION PROCESS

3.1 PUBLIC NOTICE

The RFP and attachments are published in the in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. RFP 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 Amendments have been issued. Amendments are incorporated into the RFP by this reference.

3.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will NOT be held for this RFP.

3.3 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 email or hard copy;

Reference the OregonBuys bid number;

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 https://oregonbuys.gov/

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

3.4 SOLICITATION PROTESTS

3.4.1 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 Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendments as provided below.

3.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 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.

3.4.3 All Protests must:

Be written and delivered to the SPC via email.

Reference the OregonBuys number;

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 o evidence or documentation that supports the grounds on which the protest is based

State the proposed changes to the RFP provisions or other relief sought;

Be received by the due date and time identified in the Schedule; and

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

3.5 PROPOSAL DELIVERY

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Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing/Bid Opening Date. 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

Proposer should submit its Proposal electronically through OregonBuys.

The Cost Proposal must be submitted as a separate electronic response file.

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 Disclosure Exemption Affidavit (Attachment B).

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

Alternative Delivery Option: Delivery through Mail or Parcel Carrier

A Proposal may be submitted through the mail or via parcel carrier, 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 OregonBuys bid number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

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, on USB drive, DVD, or CD in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

The total combined size of the Proposal and Coversheet should be compressed so it does not exceed 10 megabytes.

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The Proposer Information and Certification Sheet (Attachment C) must bear 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 submit a fully redacted version of its Proposal, clearly identified as the redacted version.

3.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification through OregonBuys. To be effective the notice must include the OregonBuys bid number and be submitted prior to Opening.

If 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 through OregonBuys via email prior to Closing/Bid Opening Date in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

3.7 PROPOSAL DUE

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

A Proposal received after Closing/Bid Opening Date is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

3.8 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 those the SPC authorizes, 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

RFP S-DASOBO-00000520– Mass Comparators – Purchase, Maintenance, And Service Page 17 of 27 to those expressly authorized for negotiation in the RFP or Amendment(s).

3.9 PUBLIC OPENING

A public opening will be held on the date and time listed in the Schedule and at the location 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.

The public Opening will be held through electronic means. Interested parties may attend the

Opening for this solicitation electronically as follows: Click here to join the meeting.

3.10 EVALUATION PROCESS

3.10.1 Responsiveness and Responsibility Determination

3.10.1.1 Responsiveness determination

A Proposal received prior to Closing/Bid Opening Date will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission 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, Agency may waive mistakes in accordance with OAR 125-247-0470.

3.10.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. 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.

3.10.1.3 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee in accordance with Section 2.17 (Point and Score Calculations). Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDc3MzAxZTAtOTI3Ni00NGI2LTgwN2QtOGUyNjA2MTY2ZmIy%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

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Evaluators will assign a score for each evaluation criterion listed in Section 3.11up to the maximum points available.

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

3.10.2 MASS COMPARATOR PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria, the sealed Cost Proposals from Proposers will be opened and scored as follows:

Proposer with the lowest Cost Proposal for Group 1 Mass Comparators will receive a total of ten percent (10%) of the Cost Proposal points.

Proposer with the lowest Cost Proposal for Group 2 Mass Comparators will receive forty percent (40%) of the Cost Proposal points.

Proposer with the lowest Cost Proposal for Group 3 Mass Comparators will receive ten percent (10%) of the Cost Proposal points.

Proposer with the lowest Cost Proposal for Group 4 Mass Comparators will receive forty percent (40%) of the Cost Proposal points.

All other Proposers will receive 0 points.

3.10.3 PREFERENCES

3.10.3.1 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.

3.10.3.2 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.

3.10.3.3 Tiebreakers

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

https://www.oregon.gov/das/Procurement/Pages/Recippref.aspx

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3.11 POINT AND SCORE CALCULATIONS

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

Criteria Pass/Fail Scored

Mass Comparator Specifications

General Each Mandatory Specification is Pass / Fail

Comparators Groups 1-4 Each Mandatory Specification is Pass/Fail

10 Points Available for Each of the 13 Specifications Listed as Desirable (130 total)

Inclusional Specifications

Installation Pass/Fail -- Warranty Pass/Fail --

Training and Post Installation Technical Support

Pass/Fail --

Lifespan Pass/Fail --

Cost Proposal -- 100 (See Section 3.10.2)

Executive Proposal Summary

-- 100

Total Points Possible -- 330

3.12 RANKING OF PROPOSERS

Any Proposal that receives a failing score for any criterion will not be considered. The SPC

RFP S-DASOBO-00000520– Mass Comparators – Purchase, Maintenance, And Service Page 20 of 27 will average the scores for each passing Proposal (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score as calculated per Section 3.10.2. After any applicable preference has been applied, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency will rank all Proposers at the conclusion of the evaluation and scoring and may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency 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.

3.13 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

3.13.1 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.

3.13.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

Be emailed to the SPC;

Reference the OregonBuys bid number;

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Identify Proposer’s name and contact information;

Be signed and sent by an authorized representative

State the reason for the protest; and

Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all 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.

3.14 ADDITIONAL ROUNDS [RESERVED]

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Price Agreement, will award a Price Agreement to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this RFP.

4.1.2 Intent to Award Notice

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

4.2 INTENT TO AWARD PROTEST

4.2.1 Protest Submission

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 Price Agreement 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

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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 Price Agreement Negotiations and award.

4.2.1.1 Protests must:

Be delivered to the SPC via email, Reference the OregonBuys bid number

Identify Proposer’s name and contact information

Be signed and sent by an authorized representative

Specify the grounds for the protest

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

4.2.2 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.

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

4.3.1 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 Exhibit B of Attachment A.

4.3.2 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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4.3.3 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 Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

4.3.4 Pay Equity Certification

If selected for award and the Price Agreement 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 www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.

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

4.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement 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.

4.3.6 Pay Equity Compliance

Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section http://sos.oregon.gov/business/pages/register.aspx http://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf

RFP S-DASOBO-00000520– Mass Comparators – Purchase, Maintenance, And Service Page 24 of 27 constitutes a material element of this Price Agreement and a failure to comply constitutes a breach that entitles Agency to terminate this Price Agreement for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

4.3.7 Compliance with Executive Order 21-29

If selected for award of a Contract, Proposer must certify during the term of the Contract or the duration of EO-21-29, whichever expires or terminates first, that Contractor has documentation that all Workers providing goods or services at an Agency worksite are fully vaccinated against COVID -19.

4.4 PRICE AGREEMENT NEGOTIATION

4.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Price Agreement 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 Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Price Agreement 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. Agency intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).

Following the selection of the apparent successful Proposer, Agency may negotiate changes to the negotiable provisions of the provisions of the Price Agreement; 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 negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate ONLY the Statement of Work. The following terms and conditions are NOT negotiable.

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Method of Payment

Term of Price Agreement

Choice of Law

Choice of Venue

Constitutional Requirements

Requirements of applicable Federal and State law

Indemnification

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 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&T N=oregon4biz

If the 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.

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

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5.3 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 Price Agreement, 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.

5.4 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, award, or rejection of any Proposal.

5.5 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.

5.6 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 PS website www.oregon.gov/das and use the search bar feature to locate the procedure.

5.7 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 Price Agreement. (ORS 279B.025)

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