RFP Online Reverse Auction Managment Services.pdf

RFP S-10700-00010015 Online Reverse Auction Management Services Page 1 of 23

STATE OF OREGON

COVER PAGE

Department of Administrative Services, Procurement Services

On behalf of State agencies, members of the Oregon Cooperative Purchasing Program (“OrCPP”), and Washington Master Contracts Use

Organizations

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00010015 for

ONLINE REVERSE AUCTION MANAGEMENT SERVICES

Date of Issue: August 29, 2024

Opening Date and Time: September 30, 2024, 2:00pm (PDT)

Single Point of Contact (SPC): Stephanie Austermann, State Procurement Analyst

Address: 1225 SE Ferry St City, State, Zip Salem, OR 97301 Phone (cell) 971-375-5558 E-mail: stephanie.austermann@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 SCOPE OF SERVICES

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 ROUND 1 PROPOSAL REQUIREMENTS

SECTION 4: ROUND 1 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 ROUND 1 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 ROUND 1 RANKING OF PROPOSERS

4.13 ADDITIONAL ROUNDS

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

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 MASTER SERVICES AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE MASTER SERVICES AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PRICE PROPOSAL FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G REVERSE AUCTION FUNCTIONS

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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, (“DAS PS”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for complete reverse auction management services for Authorized Purchasers.

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

DAS PS anticipates the award of one Master Services Agreement from this RFP.

The initial term of the Master Services Agreement is anticipated to be three years with options to renew.

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

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.

Event Date Time

Pre-Proposal Conference September 10, 2024 10:00 AM

Questions / Requests for Clarification Due September 13, 2024 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) September 16, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Demonstrations (approx..) October 28-29, 2024

Issuance of Notice of Intent to Award (approx.) November 8, 2024

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

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

The Department of Administrative Services, Procurement Services (“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, defined below, or defined in the Sample Master Services Agreement.

Terminology specific to the OregonBuys system may be found at: OregonBuys

“Online Reverse Auction” means a process used to buy products and services via an Internet website, for which lowest price is the deciding factor. During the auction, bidders offering the product or service being solicited anonymously bid against each other to provide the lowest price, until time set for the reverse auction expires. Then the Authorized Purchaser will conduct the price evaluation per the solicitation based on the pricing obtained from the auction.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Department of Administrative Services (“DAS”) is the central administrative agency of Oregon state government. Our mission is to support state government to serve the people of Oregon.

DAS works to effectively implement the policy and financial decisions made by the Governor and the Oregon Legislature. The department also sets and monitors high standards of accountability to ensure that state government uses tax dollars productively. To fulfill its mission, DAS supports state agencies by providing a strong and stable management infrastructure. As part of this effort, DAS works with private enterprise, citizens, and other government entities to develop an efficient service delivery system.

2.3.2 Project Overview, Background, and Purpose

The State of Oregon agencies, local government entities, and Oregon cooperative procurement program (“OrCPP”) members are significant, stable, and desirable consumers of numerous products and services, as are Washington Master Contracts Use Organizations CUA Listing (wa.gov). Through this RFP, DAS PS is looking to obtain a service provider for Online Reverse Auction management services that will assist the State in maximizing the purchasing power of State agencies, local government entities, Washington MCUA organizations, and OrCPP members in order to obtain the best available products and services at the lowest available cost.

https://oregonbuys.gov/bso/ https://apps.des.wa.gov/DESContracts/Home/MCUAListing https://apps.des.wa.gov/DESContracts/Home/MCUAListing

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2.4 SCOPE OF SERVICES

The successful Proposer shall provide comprehensive procurement online auction services that provide total auction management and live reverse auction events for Authorized Purchasers as requested. The successful Proposer is expected to offer a full range of services. Anticipated functionality is listed in Attachment G, Reverse Auction Features. The expected services are described in Exhibit A of the Attachment A Sample Master Services Agreement, and include:

• Consulting

• Market Research

• Strategic Planning

• Bid Development, Creation and Analysis

• Reverse Auction Software Platform with secure online Portal

• Technical Support

• Training

• Auction Event Management

• Communication

• Reporting at State, Agency, and Authorized Purchaser levels

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, a Proposal must demonstrate how Proposer meets all requirements of this Section 3.1.

3.1.1 Proposer Experience

Proposer must have at least three years of experience providing Reverse Auction Management Services comparable to those required under this RFP.

3.1.2 Key Person Requirements

3.1.2.1 Proposer shall provide a dedicated Account Manager that will be responsible for the research, strategy, bid management, bid construction in Proposer’s platform, vendor communication/training, market research, and process review. Proposer’s Account Manager must have a minimum of one year of experience providing account manager services comparable to those required under this RFP.

3.1.3 Other Requirements: Proposer shall have a Vendor Administrative Assistant that will be responsible for assisting vendors with the platform including but not limited to training, data entry, troubleshooting.

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3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 ROUND 1 Proposal Submissions

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

1. Title Page and Contents

2. Description of Proposer’s Firm

3. Technical and Functional Description

4. Implementation Plan

5. Past Performance

6. Key Persons

7. Disclosure Exemption Affidavit (Attachment B)

8. Proposer Information and Certification Sheet (Attachment C)

9. Price Proposal Form (Attachment D)

10. COBID Certification / Outreach Plan (Attachment E)

11. Responsibility Inquiry (Attachment F)

3.2.2 Proposal Format and Quantity

A Proposal should follow the format and reference the sections listed in Section 3.3, Round 1 Proposal Requirements. 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 in Section 4.5, Proposal Delivery Options, 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. The following formats are acceptable: 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 Proposer’s authorized representative’s Signature.

3.2.3 Authorized Representative

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

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3.3 ROUND 1 PROPOSAL REQUIREMENTS

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

A 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. A Proposal should be straightforward and address the requests of the RFP. Proposals containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Title Page and Contents

A Proposal’s Title Page and Contents must include:

1. RFP title.

2. Name, address, and telephone number of Proposer.

3. Name and title of contact person for Proposer.

4. Table of Contents of the Proposal, giving a clear identification of the Proposal

Requirements materials by section and page number.

3.3.2 Description of Proposer’s Firm

A Proposal must include a brief description of Proposer’s history, experience, and services provided. The description must include:

1. Years of experience providing similar services to those required by this RFP.

2. Description of Proposer’s experience providing reverse auction management services for clients and/or multiple entities, specifically referencing any such services delivered on a statewide basis.

3. Description of Proposer’s experience engaging suppliers in reverse auctions for products and services.

3.3.3 Technical and Functional Description

The Proposal must establish Proposer’s capability and resource capacity to provide all services requested in this RFP. Please include information about the technical and non-technical support features of the proposed solution, both to participants and to suppliers. Provide a specific and detailed description demonstrating Proposer’s Services with reference to the Scope of Services and Exhibit A of Attachment A (Sample Master Services Agreement), inclusive of training process and tools, consulting services, technical support, help desk support, maintenance services, implementation and migration services, and account representative services.

1. Technical Details:

The solution proposed by Proposer should be platform-independent and comply with all applicable industry standards. Interfaces, where applicable, to Proposer's system(s) must be easily installed into and removed from

RFP S-10700-00010015 Online Reverse Auction Management Services Page 9 of 23 participants' system(s) without significant impact. Proposer's system(s) may in no way hinder DAS PS or participants from using another provider’s services presently or in the future.

Proposer shall provide in its Proposal information about system reliability, uptime, implementation time, updates, security, confidentiality, secure storage, transmission of data, support services and any other information that Proposer determines is applicable to the proposed solution. This may be in the form of proposed terms of use, and/or proposed service levels.

Proposer’s Proposal must include technical and functional descriptions of the proposed solution, including the descriptions required in this Section 3.3.3.

2. Security Compliance:

Proposer’s Proposal must include technical and functional descriptions of the proposed solution, that verify compliance with the following security requirements:

• The Oregon Consumer Information Protection Act (OCIPA), ORS 646A.600 through 646A.628.

• Oregon’s Statewide Information Technology Control Standards:

https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx, including security controls that meet or exceed “Moderate” security controls in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53.

• Oregon’s Statewide Information Security Program Plan:

https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx.

3. Functional Details: Proposer shall complete and submit the Reverse Auction Functions Form (Attachment G). Additional pages describing additional functionality, features, and applicable services may be attached with Attachment G. If additional pages are submitted in response with Attachment G, the additional information will factor into the scoring of the Technical Proposal criterion.

DAS PS is interested in a full-service online reverse auction management solution wherein suppliers may bid a unit price for specific products/services/quantities.

3.3.4 Implementation Plan

Briefly describe how Proposer would configure and implement its solution for an Authorized Purchaser.

1. Include an overview of Proposer’s understanding of the contents of the RFP and a brief description of how Proposer generally intends to meet the RFP requirements.

https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r4.pdf http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r4.pdf https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx

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2. Describe the practices of accessibility, including for Deaf, DeafBlind, and Hard of Hearing, that Proposer delivers through its solution, and specifically describe accessibility options and guidelines for reverse auctions.

3. Describe Proposer’s capabilities to support reverse auction participants with disabilities and/or language barriers.

4. Describe how Proposer intends to support the State’s initiatives of diversity, equity, and inclusion.

More information on the State’s initiatives can be found here:

State of Oregon’s Diversity, Equity, and Inclusion Action Plan – A Roadmap to Racial Equity and Belonging https://www.oregon.gov/das/Docs/DEI_Action_Plan_2021.pdf

5. Provide a comprehensive proposed plan to implement and deliver the services for an Authorized Purchaser, including a proposed timeline for a standard reverse auction process.

6. Provide a list of all reports routinely provided to a client. Include an explanation and example of each routine report.

3.3.5 Past Performance

Proposal shall describe in a narrative form its past performance, including number of reverse auctions completed, commodities and services, historical financial savings by commodity/service, achievement of procurement goals and benefits.

3.3.6 Key Persons

Proposal shall describe the project team that would be assigned to an implementation for an Authorized Proposer, and summarize the qualifications and capacity of each proposed Key Person, including the person’s role, title, responsibilities, the numbers of years of related experience, training, and expertise.

Experience must relate back to specific requirements of the Scope of Services.

Proposer shall include a resume for each proposed Key Person, not to exceed 2 pages each.

3.3.7 Disclosure Exemption Affidavit

Proposer shall complete and submit the Proposer Exemption Affidavit (Attachment B).

3.3.8 Proposer Information and Certification Sheet

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.

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3.3.9 Price Proposal

Proposer shall submit a detailed Price Proposal (Attachment D) as a separate electronic file in OregonBuys. A fixed price structure per reverse auction event is required.

• The Price Proposal must detail the fixed fee pricing structure, including transactional fees, and fee discounts.

3.3.10 Certified Disadvantaged Outreach Business Plan

Proposer shall complete and submit the Certified Disadvantaged Outreach Business Plan (Attachment E).

3.3.11 Responsibility Inquiry Form

Proposer shall complete and submit the Responsibility Inquiry Form (Attachment F).

SECTION 4: ROUND 1 SOLICITATION PROCESS

4.1PUBLIC NOTICE

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

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

4.2 PRE-PROPOSAL CONFERENCE

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

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project;

• Explain the RFP process; and

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

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

Interested parties may participate in the Pre-Proposal Conference by virtually attending the Microsoft Teams meeting or calling in per the link and telephone number below:

Join on your computer, mobile app, or room delice.

Click here to join the meeting https://oregonbuys.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWI2OTJlNzctZDA3OS00ZTcwLWI3ZGQtNzViOTUxMTIyMmY0%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2249f2a2d7-4891-46e7-bea0-351fe99c60cf%22%7d

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Meeting ID: 290 850 185 874 Passcode: XBHPZ7

Or call in (audio only) +1 503-446-4951 Phone conference ID: 430 634 19#

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:

1. Be delivered to the SPC via an OregonBuys submission;

2. Reference the OregonBuys bid number ;

3. Identify Proposer’s name and contact information;

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

5. 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, Scope of Work, and the Sample Master Services Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

4.4.2 Protests to Amendment(s)

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

1. Be delivered to the SPC via email;

2. Reference the OregonBuys bid number;

3. Identify prospective Proposer’s name and contact information;

4. Be sent by an authorized representative;

5. 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 tel:+15034464951,,43063419

RFP S-10700-00010015 Online Reverse Auction Management Services Page 13 of 23 o evidence or documentation that supports the grounds on which the protest is based; and

6. 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:

https://OregonBuys.gov/bso

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

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

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via OregonBuys, 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 conducted. 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.

4.9 PROPOSAL REJECTION

https://oregonbuys.gov/bso 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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DAS PS may reject a Proposal for any of the following reasons:

1. 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.

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

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

4. 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.

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

6. 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 ROUND 1 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 Master Services Agreement. Proposers shall submit a signed Responsibility Inquiry form (Attachment F) 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 4.10 (Point and Score Calculations).

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

RFP S-10700-00010015 Online Reverse Auction Management Services Page 15 of 23 contain new information not included in the original Proposal.

Evaluation Criterion 1 through 5 will receive a score based on the table below.

4.10.2.1 Evaluation Item 1 – Description of Proposer’s Organization

How well does Proposer demonstrate how Proposer is qualified to provide the services described in the RFP?

4.10.2.2 Evaluation Item 2 - Technical and Functional Description

1. How well does the Proposal demonstrate Proposer’s technical and functional qualifications and experience in delivering the Services and meeting needs of the Authorized Purchaser(s)?

2. How well does Proposer describe how Proposer’s resources and business qualifications will meet the needs of the RFP? This includes but is not limited to online platform functions, training, security, support services, and security performing these services.

4.10.2.3 Evaluation Item 3 – Project Implementation Plan

1. How well does Proposer’s description of its plan to implement the services for an Authorized Purchaser, and deliver the Online Reverse Auction

SCORE EXPLANATION

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

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

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

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

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

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Services, meet the requirements described in this RFP?

2. How well does the Proposal illustrate a comprehensive management plan for the services requested?

3. How well does the Proposal demonstrate Proposer’s understanding of the complete needs for the services requested, and demonstrate expertise to identify all services anticipated and steps to deliver?

4. How well does Proposer’s implementation plan address the needs of participants with accessibility, disability, and language barriers?

5. How well does Proposer demonstrate how it will support the State’s initiatives of diversity, equity, and inclusion?

4.10.2.4 Evaluation Item 4 – Past Performance

How well does Proposer demonstrate acceptable performance of a similar service and work?

4.10.2.5 Evaluation Item 5 - Key Persons

How well does Proposer’s project team demonstrate the capacity to perform the requirements of the work?

4.10.3 PRICE EVALUATION

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

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

4.10.4 PREFERENCES

4.10.4.1 Oregon Supplies and Services

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

4.10.4.2 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.

4.10.4.3 Recycled Materials

DAS PS will give preference to Goods manufactured from Recycled Materials if each of https://www.naspo.org/reciprocity1

RFP S-10700-00010015 Online Reverse Auction Management Services Page 17 of 23 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.

4.10.4.4 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

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

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

4.12 ROUND 1 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.

TOTAL POINTS POSSIBLE 1000

ROUND 1 POINTS POSSIBLE 800

4.10.2.1 Evaluation Item 1 – Description of Proposer’s Firm 30

4.10.2.2 Evaluation item 2 - Technical and Functional Description 200

4.10.2.3 Evaluation Item 3 – Implementation Plan 250

4.10.2.4 Evaluation Item 4 – Past Performance 120

4.10.2.5 Evaluation Item 5 – Key Persons 50

TOTAL EVALUATION POINTS POSSIBLE 650

4.10.2.6 PRICE POINTS POSSIBLE 150

ROUND 2 POINTS POSSIBLE 200

4.13.1 Evaluation Item 1 – Vendor Process Description 100

4.13.2 Evaluation item 2 – Video Demonstration of Reverse Auction 100

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

DAS PS may, in 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.

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:

• Demonstrations

4.12.1 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 ADDITIONAL ROUNDS

4.13.1 Demonstrations

Proposers in the Competitive Range will be invited to participate in Proposer Demonstrations. Demonstrations will be conducted via teleconference. Further details will be included with Notice of Competitive Range.

Demonstrations will be evaluated per the evaluation criteria in section 4.13.2 and scored per Section 4.11.

Demonstrations must:

1. Illustrate the process and steps required by vendors to participate in reverse auctions.

2. Describe how Proposer supports diverse vendors and equity throughout the reverse auction process.

3. Include a sample video of a reverse auction demonstration.

4.13.2 Evaluation Items

Evaluation Item 1: Vendor Process Description

1. How well does Proposer describe the process and steps that will be required by the vendor?

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2. How well does Proposer provide a clear and simple process for the vendor?

3. How well does Proposer’s process support diverse vendors and equity?

Evaluation Item 2: Video Demonstration of Reverse Auction

1. How intuitive is the reverse auction platform?

2. How simple is the reverse auction platform to navigate?

3. How well does the reverse auction platform allow users to adjust content, submit bids and compete?

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS PS conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS PS, if it awards a Master Services Agreement, will award a Master Services 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 Master Services 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 will have seven 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 Master Services 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:

1. All higher ranked Proposals are non-Responsive.

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

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

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4. 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 Master Services Agreement Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

1. Be delivered to the SPC via email;

2. Reference the OregonBuys bid number ;

3. Identify Proposer’s name and contact information;

4. Be signed by an authorized representative of Proposer;

5. Specify the grounds for the protest; and

6. Be received within seven (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 Master Services 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 Master Services Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

http://sos.oregon.gov/business/pages/register.aspx

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5.3.4 Pay Equity Certification

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

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

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Master Services 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.

5.4 MASTER SERVICES AGREEMENT NEGOTIATION

5.4.1 Negotiation

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

Following the selection of the apparent successful Proposer, DAS PS may agree to negotiate changes to the negotiable provisions of the Sample Master Services 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

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

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.

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

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SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

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

More information on the State’s commitment can be found here:

State of Oregon’s Diversity, Equity, and Inclusion Action Plan – A Roadmap to Racial Equity and Belonging https://www.oregon.gov/das/Docs/DEI_Action_Plan_2021.pdf

6.2 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

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 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.

6.4 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 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 Master Services Agreement, if awarded to Proposer, or as otherwise needed to https://www.oregon.gov/das/Docs/DEI_Action_Plan_2021.pdf https://www.oregon.gov/das/Docs/DEI_Action_Plan_2021.pdf https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

RFP S-10700-00010015 Online Reverse Auction Management Services Page 23 of 23 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.

6.5 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 Master Services Agreement award, or the rejection of any Proposal.

6.6 COST OF SUBMITTING A PROPOSAL

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

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

6.8 RECYCLABLE PRODUCTS

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