RFP_OLCC_S-DASOBO-00002617.pdf

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES,

PROCUREMENT SERVICES ON BEHALF OF THE OREGON LIQUOR AND

CANNABIS COMMISSION

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00002617; for

DISTRIBUTION CENTER SHIPPING SUPPLIES

Date of Issue: Wednesday, May 18, 2022

Opening Date and Time: Thursday, June 16, 2022 4:00 PM PT

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

Address: 1225 Ferry St. SE

City, State, Zip Salem, OR 97301

Phone (voice) (971) 707-0016

E-mail: nathan.ramos@das.oregon.gov

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

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

4.14 ADDITIONAL ROUNDS (RESERVED)

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 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 PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H RESPONSE TO SPECIFICATIONS

ATTACHMENT I KEY PERSON(S)

ATTACHMENT J IMPLEMENATION PLAN

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of Oregon Liquor and Cannabis Commission (“OLCC”) or (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Distribution Center Shipping Materials.

This one Request for Proposal (“RFP”) has been issued to solicit for corrugated boxes, box partitions, and polyethylene bundling stretch film and other related shipping materials. This RFP is issued as a means to find the best balance of quantity and price for OLCC’s key packaging products identified in this RFP. DAS PS anticipates the award of multiple Price Agreements resulting from this RFP.

By submitting a Proposal, Proposer acknowledges DAS PS or the Agency is not guaranteeing any volume of potential purchases and Proposer agrees to supply all goods and related services ordered during the term of any awarded Price Agreement.

Additional details on the Scope of the goods or services or both are included in Attachment H Specifications.

The initial term of the Price Agreement is anticipated to be four (4) years with options to renew up to a cumulative maximum of fourteen (14) years.

Agency may issue Purchase Orders pursuant to this Price Agreement up to two (2) years from the effective date of the Price Agreement. At the end of each biennium, a new Purchase Order will be issued to the Awardee. This may require an Amendment to the Price Agreement.

Any purchases under the Price Agreement must be authorized by purchase orders issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample 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, DAS PS 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.

Event Date Time

Pre-Proposal Conference: (Optional/Virtual) Tuesday, May 31, 2022 1:00 PM

Questions / Requests for Clarification Due Tuesday, June 7, 2022 4:00 PM

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

Wednesday, June 8, 2022

RFP Protest Period Ends Wednesday, May 25, 2022 4:00 PM

Closing/Opening (Proposal Due) Thursday, June 16, 2022 4:00 PM

Issuance of Notice of Intent to Award (approx.) Friday, June 24, 2022 4:00 PM

Award Protest Period Ends Thursday, June 30, 2022

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 ORS 279A.050 and 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.

2.2 DEFINITION OF TERMS

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

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/OPM/Pages/terms.aspx.

“Agreement” is defined in General Terms and Conditions

“Closing” means the date and time on or before all Proposals must be received at the location or by the methods described in Section 4.5 of this RFP to be considered.

https://www.oregon.gov/das/OPM/Pages/terms.aspx

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“Contract” means a Public Contract for the Procurement of Goods and or Services.

“DAS PS” means the Oregon Department of Administrative Services, Procurement Services.

“Proposer” refers to the person and or firm that submits a Proposal to this RFP.

“State” means the State of Oregon.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The OLCC is the Agency responsible for regulating the sale and service of alcoholic beverages in Oregon by administering the state’s Liquor Control Act and regulating the production, processing and sale of recreational marijuana in Oregon through the Control, Regulation and Taxation of Marijuana and Industrial Hemp Act. The Agency also regulates the production, processing and sale of medical products sold to the Oregon Medical Marijuana Program cardholders in OLCC licensed marijuana retail shops.

The Distilled Spirits Program oversees the distribution and sale of distilled spirits in the state.

The Distilled Spirits division centrally purchases, warehouses, and distributes distilled spirits to Oregon’s independently operated liquor stores.

On Monday, August 2, 2021, the OLCC became officially known as the Oregon Liquor and Cannabis Commission. The Oregon legislature approved the name change from Oregon Liquor Control Commission, to reflect more accurately the work the Agency has been doing for the state of Oregon since voters approved Measure 91 in November 2014.

In addition to the name change, the Agency anticipates a move from its current location in Milwaukee, Oregon to Canby, Oregon within the next two (2) to four (4) years.

2.3.2 Project Overview and Background

In order for the OLCC to carry out its legislatively mandated oversight, the Agency needs shipping supplies. This RFP is being released in order to fulfill that procurement need and allow the OLCC to carry out its responsibilities.

OLCC distributes approximately 15,000 to 18,000 cases of liquor per day to liquor stores throughout the state of Oregon. Operating the warehouse Monday through Friday, OLCC runs day shift and swing shift schedules to meet this demand. Operating on a bailment system, OLCC does not take ownership of distiller’s merchandise until it is ordered by liquor agents and then shipped to liquor stores.

Proposers can find more information about estimated order volume in Attachment E

2.3.3 Purpose

The OLCC is soliciting Proposals for the purpose of maintaining vital shipping services at the OLCC distribution center. These supplies are used in the shipment of alcoholic beverages to the Agency’s liquor agents and other contracted entities throughout the

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State. The shipping supplies are a key component to ensuring operational functionality of the Agency's distribution center.

2.4 SPECIFICATIONS

Proposers must complete and return with Proposal, Attachment H Response to Specifications. If a Proposer does not provide all shipping supplies listed, DAS PS may still award a Price Agreement for specific items from a Proposer. (Example: Proposer A may only offer corrugated boxes, and still be evaluated for and receive an Award). Proposers may offer, and Agency may purchase other related materials in addition to those listed in Attachment H Response to Specifications.

A missing or incomplete Attachment H may be grounds for refusal of Proposal.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

3.1.1 Key Person Requirements

Proposer will provide a list of Key Person(s) that are responsible for the receipt of Purchase Orders, preparation of supplies, and handling all shipments and or deliveries to Agency. Key Person(s) must be listed in Attachment I Key Person(s).

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 ROUND 1 Proposal Submissions

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

• Exceptions to Sample Price Agreement (Attachment A)

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Response to Specifications (Attachment H)

• Key Person(s) (Attachment I)

• Project Implementation Plan (Attachment J)

• Product Samples for each product offered by Proposer

3.2.2 Proposal Format and Quantity

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

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

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

The Price 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

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

Other Electronic Media Response

If Proposer elects to submit its Proposal by other electronic media, 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.

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.

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.

3.2.3 Authorized Representative

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

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

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP 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 marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Exceptions to Sample Price Agreement (Attachment A) (Not Scored)

Proposer shall review Attachment A Sample Price Agreement and if Proposer has exceptions to the negotiable items in the Sample Price Agreement, Proposer shall provide a red lined version formatted in Microsoft Word. (doc or.docx) noting any exceptions.

If Proposer does not note exceptions to the Sample Price Agreement in the Proposal, Proposer shall provide a statement as such.

In the event Proposer is the successful Proposer but did not note any expectations to the Price Agreement in its Proposal, Proposer will not have the right to negotiate any terms or conditions of the Price Agreement (other than those items listed as negotiable in Section

5.4.1 below).

3.3.2 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 and Proposal items Proposer identifies or conditionally exempt from disclosure under Oregon Public Records Law (ORS

192.311 through 192.478), or

• designate on Exhibit A of Attachment B be 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 identified the Proposal, in whole, as exempt from disclosure is not acceptable.

3.3.3 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

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Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.4 References (Attachment D) (Not Scored)

Proposer shall provide three (3) references from current or former clients or client firms for similar projects performed within the last five (5) years. Reference(s) must be able to verify the quality of previous, related work.

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

Proposer shall send Attachment D Reference Check to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with Proposal.

3.3.5 Price Proposal (Attachment E) (Scored)

Proposer shall complete and submit its Attachment E Cost Proposal.

3.3.6 Sample Products (Scored)

Proposer shall provide a Sample of each product referenced on Attachment H Response to Specifications. Product Samples must be delivered to the OLCC Distribution Center. Sample Products will be scored on how well they meet the specifications in Attachment H Response to Specifications.

Sample Products must be shipped to: OLCC Warehouse, AATN: Alan Roe 9079 SE McLoughlin Blvd., Milwaukie, OR 97222. Sample materials must be labeled as follows:

Address: OLCC Warehouse

ATTN: Alan Roe RFP# S-DASOBO-00002617

9079 SE McLoughlin Blvd.

Milwaukie, OR 97222

All Sample materials must arrive at OLCC Warehouse no later than Thursday, June 9, 2022. Seven (7) days prior to the RFP Opening Date.

3.3.7 Certified Disadvantage Business Outreach Plan (Attachment F) (Not Scored)

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

3.3.8 Responsibility Inquiry (Attachment G) (Not Scored)

DAS PS will determine if any apparent successful Proposer is Responsible prior to Award and execution of the Price Agreement. Proposer shall submit a signed Responsibility Inquiry Form and return with Proposal.

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3.3.9 Response to Specifications (Attachment H) (Scored)

Proposer shall complete and return Attachment H Response to Specifications with Proposal.

3.3.10 Key Person(s) (Attachment I) (Pass/Fail)

Proposer shall complete and return Attachment I Key Person(s) with Proposal. Attachment I Key Person(s) shall include, at a minimum, the person(s) responsible for (i) receiving and processing Purchase Orders, (ii) preparation of supplies, (iii) handles all aspects of shipping and delivery to Agency.

Key Person(s) information, at a minimum, shall include (i) Name, (ii) Position Title, (iii) Telephone number, (iiii) email address.

3.3.11 Implementation Plan (Attachment J) (Scored)

Proposer shall describe the process of Purchase Order fulfillment in a timely and accurate manner. The description shall include (i) How Proposer will notify Agency of receipt of Purchase Order, and within how many days that notification will be received by Agency. (ii) How the Proposer will calculate the number of days until arrival of ordered Good(s) at Agency location, (iii) How Proposer will notify Agency of any delays in shipping or delivery of ordered Good(s).

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

4.2 PRE-PROPOSAL CONFERENCE

An optional Pre-Proposal conference may be held virtually via Microsoft Teams as stated in Section 1.2 Schedule. Prospective Proposers’ participation in this conference is not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the RFP;

• Explain the RFP process; and

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

Statements made at the Pre-Proposal conference are not binding upon DAS PS or Agency.

Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by selecting the following https://oregonbuys.gov/

DAS Procurement Services, Version 4.4 July 1, 2021 Page 12 of 21 link: Click here to join the meeting.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission, or email

• Reference the OregonBuys bid number S-DASOBO-00002617;

• Identify Proposer’s name and contact information;

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

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

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, and the proposed Sample Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Price Agreement marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

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

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via an OregonBuys submission, or email;

• Reference the OregonBuys bid number S-DASOBO-00002617;

• 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; and https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2YzYzhkMzAtMWJkZS00ZDljLTlmNWQtYmUzMTU1Nzc5YTNl%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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• State the proposed changes to the RFP provisions or other relief sought.

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

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

4.5 PROPOSAL DELIVERY OPTIONS

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

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

Delivery through OregonBuys

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

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

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.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

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

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

4.7 PROPOSAL DUE

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

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

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

4.8 PUBLIC OPENING

A public Opening will not be held for this RFP.

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

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4.9 PROPOSAL REJECTION

DAS PS may reject a Proposal for any of the following reasons:

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

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

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

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

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

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, DAS PS may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

DAS PS 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, DAS PS may reject a Proposer found to be not Responsible.

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and DAS PS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

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4.10.3 PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 4.10.2, the sealed Price Proposals from Proposers will be opened and scored as follows:

• Proposer with the lowest Price Proposal will receive a total of fifty percent (50%) of the total Cost Proposal points.

• Proposer with the second lowest Price Proposal will receive thirty percent (30%) of the total Cost Proposal points.

• Proposer with the third lowest Price Proposal will receive twenty percent (20%) of the total Cost Proposal points.

• All other Proposers will receive 0 points.

4.10.4 PREFERENCES

4.10.4.1 Reciprocal Preference

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

4.10.4.2 Recycled Materials

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

4.10.4.3 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE: 800

https://www.naspo.org/reciprocity1

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Scores are the values (1 through 10) assigned by each evaluator.

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

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score as calculated per Section 4.11.3. After all Proposals have been Evaluated, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank., and successive rank order determined by the highest score.

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

4.13 NEXT STEP DETERMINATION

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

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 Competitive Range Determination

If DAS PS, 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 DAS PS’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. DAS PS will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.13.2 Competitive Range Protest

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

POINTS POSSIBLE

3.3.5 Price Proposal 100

3.3.6 Sample Products 200

3.3.9 Response to Specifications 300

3.3.11 Implementation Plan 200

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Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number S-DASOBO-00002617;

• Identify Proposer’s name and contact information;

• Be 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.

DAS PS 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 DAS PS.

4.14 ADDITIONAL ROUNDS (RESERVED)

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS PS, 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 4. DAS PS may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 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.

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

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

• DAS PS’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If DAS PS receives only one Proposal, DAS PS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and award.

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5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via OregonBuys or email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

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

5.2.2 Response to Protest

DAS PS 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 DAS PS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS PS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

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

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

5.3.4 Responsibility Inquiry

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

5.3.5 Pay Equity Certification

If selected for award and the Price Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to DAS PS a true and correct http://sos.oregon.gov/business/pages/register.aspx

DAS Procurement Services, Version 4.4 July 1, 2021 Page 19 of 21 copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

5.3.6 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.

5.3.7 Other Required Information (RESERVED)

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, DAS PS 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 DAS PS during the Questions / Requests for Clarification period set forth in Section 1.2. If DAS PS agrees to make any requested changes to the Sample Price Agreement, DAS PS will issue an Amendment to notify Proposers of such changes. Unless DAS PS issues an Amendment modifying any of the terms and conditions, DAS PS 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, DAS PS may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below.

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

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

DAS PS is willing to negotiate all items, EXCEPT those listed below:

• Choice of law

• Term of Price Agreement

• Choice of venue

• Constitutional requirements https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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• Requirements of applicable federal and State law

• Indemnification

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

5.4.2 Contractor Selection Methodology

In the event multiple Price Agreements are awarded, DAS PS will use the following methodology to determine from which Contractor to purchase.

• Compare each item between all awarded Contractors, issue Purchase Order to the Contractor with the most favorable Offer at the time of comparison.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS PS 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.

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

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

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

6.2 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 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after DAS PS 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 DAS PS. By submitting https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

DAS Procurement Services, Version 4.4 July 1, 2021 Page 21 of 21 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, except in the case of Proposals that were submitted late and rejected by DAS PS.

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

Pursuant to ORS 279B.100, DAS PS 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 DAS PS, as determined by DAS PS. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

6.5 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.

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

6.7 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) https://www.oregon.gov/das