RFP_OPUC_Wildfire_Clean.pdf

Level 3 - Restricted

STATE OF OREGON

COVER PAGE

Department of Administrative Services, State Procurement Services, is issuing this Request For Proposals (RFP) on behalf of The Oregon Public

Utility Commission, under OregonBuys Bid Number S-DASOBO- 00015911 for

CONSULTANT SERVICES- UTILITY WILDFIRE LIABILITY AND

ACCOUNTABILITY EXPERT STUDY

Date of Issue: February 6, 2026

Opening Date and Time: March 27, 2026

Single Point of Contact (SPC): Kaliska King, State Procurement Analyst

Address: 1225 Ferry St SE

City, State, Zip Salem, Oregon 97301

Phone (voice) 503-798-1907

E-mail: Kaliska.king@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.

TABLE OF CONTENTS

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 WORK

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

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT, ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT, ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET, ATTACHMENT D COBID CERTIFICATION / OUTREACH plan

ATTACHMENT E PRICE PROPOSAL FORM, Attachment F Responsibility Inquiry

GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services (“DAS SPS”), on behalf of the Public Utility Commission, (“Agency”), is issuing this Request for Proposal for Consulting Services for a Utility Wildfire Liability and Accountability Expert Study.

Additional details on the Scope of the services are included in the Scope of Work section and Attachment A, Sample Contract, Exhibit A.

DAS SPS anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be 14 months with an option to extend if the Agency identifies a need to extend.

1.2 SCHEDULE

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

All dates listed are subject to change.

Event Date Time

Questions / Requests for Clarification Due February 17, 2026 3:00 PM

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

February 24, 2026

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal March 30, 2026

Issuance of Notice of Intent to Award (approx.) April 2026

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

Contract Negotiation and Execution (approx.) April 2026

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 SPS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Project Overview and Background

All electric utilities providing service to Oregon customers face serious risks associated with wildfire. There are two principal sets of risks – the physical risk to infrastructure from wildfire on the landscape, which can impose substantial repair cost and service impact to customers, and significant financial risks to consumer and investor-owned utilities associated with liability and insurance premiums. Ultimately, consumers bear the cost of these financial risks.

At the same time, the Oregon State Energy Strategy1 and other studies point to a need for generational scale of investment in the Oregon electric system this coming decade. Whether driven by new large load growth, the need for distributed energy and enhanced distribution system to enable its deployment, large scale clean energy procurement to meet state policy goals, or to increase and harden transmission capabilities, the need for reliable, stably priced power for Oregonians requires billions in new investment.

The ability of utilities to finance these investments at the lowest cost for customers is currently precluded by the future, unknown financial risk of wildfire damages. While Oregon utilities have made great strides in reducing the risk of wildfire caused by utility infrastructure, those investments can never completely eliminate the risk.

Unbounded catastrophic wildfire liability risk increases the cost and reduces the availability of capital (whether debt or equity) needed for Oregon’s electric system. Investor-owned and most consumer-owned utilities are currently exposed to uncapped civil damages and penalties for negligence. This risk of wildfire coupled with unlimited liability significantly increases the financial risk of operating an Oregon electric utility. That in turn pressures the cost and availability of capital during this time of significant capital need—with direct impacts on customers and state policy objectives. It has also led to rapidly increasing insurance costs for both consumer-owned and investor-owned utilities.

Other states have taken action to mitigate impacts of wildfire liability on utility rates and promote investor confidence while also increasing the ability of wildfire victims to recover

1 The Oregon Department of Energy released its State Energy Strategy in November 2025. The strategy outlines pathways and recommendations to meet Oregon’s energy needs and policy goals as directed by HB 3630 (2023).

https://www.oregon.gov/energy/Data-and-Reports/Documents/Oregon-Energy-Strategy.pdf https://www.oregon.gov/energy/Data-and-Reports/Documents/Oregon-Energy-Strategy.pdf damages in a timely manner. These approaches seek to strike an acceptable balance between utility accountability, including for shareholders and executives, insurance industry efforts to reduce financial losses, utility spending on wildfire risk mitigation, the affordability of utility liability insurance, homeowner insurance and essential utilities for households, and wildfire victim needs.

More broadly, in Oregon, there is currently no effective way for victims of wildfire caused by weather events or most other ignition sources to access timely compensation, outside of insurance payouts. Most fires are also caused by non-utility sources.

On February 3, the Public Utility Commission ordered Agency staff to advance this RFP and engage a consultant to undertake this study. Per Commission Order UM 2427and ORS

756.040 (2), electric utilities will provide funding for the study.

2.4 SCOPE OF WORK

The Agency seeks a qualified expert consultant to develop and deliver an expert study on public policy options to address utility wildfire liability that encourages utility accountability while balancing impacts to utility customer rates and service, property insurance costs, wildfire victim recovery, and the need for low-cost capital to support the state’s planned economic development and clean energy goals. The study will also review options for supporting and compensating victims of non-utility related wildfire events.

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 A qualified proposer must have 5-7 years direct or similar experience, which may include work on utility regulatory and financial issues and wildfire liability and accountability frameworks, including at least one highly relevant project.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Proposal Requirements/Technical Proposal

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• COBID Certification / Outreach Plan (Attachment D)

• Price Proposal Form (Attachment E)

• Responsibility Inquiry (Attachment F)

3.2.2 Proposal Page Limits

Proposal is limited to 15 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• COBID Certification / Outreach Plan (Attachment D)

• Price Proposal Form (Attachment E)

• Responsibility Inquiry (Attachment F)

3.2.3 Proposal Format and Quantity

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

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in See: 4.5 for electronic submission.

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

Proposer shall submit one copy of the Proposer Information and Certification Sheet (Attachment C) and 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 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.

3.2.4 Authorized Representative

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

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 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.

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 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.

3.3.2 Responsibility Inquiry

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

3.3.3 Price Proposal

Proposer shall submit a completed Price Proposal, Attachment E to this RFP.

Prices submitted by Proposer are considered firm offers and remain in effect for a period of 180 days from the RFP opening date.

The Price Proposal must include all applicable team member titles; their fully loaded hourly rates; Total Hours and Total Cost per Task; and an overall total project cost.

3.3.4 Experience and Expertise

3.3.4.1 Provide information about key personnel, each project team member, and the company’s relevant qualifications, areas of expertise, and relevant work experience on similar projects related to utility wildfire liability and accountability frameworks. Proposer must show expertise in all of these areas:

• the conditions equity investors and ratings agencies review to evaluate utility financial risk and cost of capital or debt,

• how insurance subrogation claims are made, bought and sold, and eventually adjudicated or settled,

• how and when wildfire victims are reimbursed by insurers, provided they were adequately insured,

• how both investor-owned and consumer-owned utilities raise funds for system maintenance and improvement,

• the successes and lessons learned from other states’ utility wildfire approaches, and

• how utility cost of capital and cost of operations impact customer bills.

• Qualified Proposers must also have expertise in or demonstrate ability to quickly understand:

• Oregon’s approach to civil liability and negligence determinations for wildfires, and

• policy considerations relevant to elements of potential Oregon solutions

3.3.4.2 Provide details on at least one (1) highly relevant project, including a description of the project and final deliverable, when it was started and completed, project budget, key project team members, and the project website if available.

3.3.5 Key Issue Identification

Describe Proposer’s understanding of challenges facing Oregon investor- and consumer-owned utilities, ratepayers, Oregonians affected by wildfire, and policy makers related to utility wildfire liability and accountability. This description should identify likely technical and policy barriers the state will need to address in formulating a functional wildfire liability and accountability framework.

3.3.6 Project Approach

Describe the approach Proposer will use to research elements of potential wildfire liability and accountability frameworks for Oregon and prepare deliverables identified in the Sample Contract (Attachment A). The approach should identify the extent and purpose of stakeholder engagement proposed. The approach should include information on conducting the work through an equity lens. Further, the approach must describe how Proposer intends to manage uncertainties when, for example, complete information or data on aspects of these issues are unavailable or unknown.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

4.2 PRE-PROPOSAL CONFERENCE

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

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;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

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

• 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, https://oregonbuys.gov/ including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. 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 Contract 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 email;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

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

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

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

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

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

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. DAS SPS is not responsible for any delays 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:

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

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery 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

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

There will be no public opening of Proposals. DAS SPS will make the names of all Proposers available after Opening, but no other information will be available. 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

DAS SPS 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 SPS’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 SPS may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

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

At any time prior to award, DAS SPS 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 SPS 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 in the original Proposal.

4.10.2.1 Experience and Expertise

• How well does the Proposer demonstrate experience with similar projects in other jurisdictions and ability to translate this experience to Oregon context?

SCORE EXPLANATION

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

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

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

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

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

• How well does the Proposer demonstrate they possess expertise in the specific areas required related to utility finance and operations, insurance subrogation and claim reimbursement, and Oregon legal and policy context as specified in Section 3.3.4.1?

4.10.2.2 Key Issue Identification

• How well does Proposer demonstrate understanding of the challenges currently facing Oregon ratepayers, utilities, Oregonians impacted by wildfire, and policy makers, and the technical and policy barriers that must be overcome to articulate a functional utility wildfire liability and accountability framework for the state?

4.10.2.3 Project Approach

• How well does the Proposers demonstrate a clearly defined strategy to deliver all tasks in the Statement of Work in a way that is timely, transparent, adaptable, and able to deliver high-quality deliverables?

• How well does the Proposer demonstrate a strong technical approach with a clear methodology to research and analyze potential utility wildfire liability and accountability framework elements and provide findings that are relevant to Oregon and immediately actionable?

• How well does the project management approach demonstrate ability to manage a complex research undertaking on a firm timeline in coordination with the Agency?

4.10.3 PRICE EVALUATION

• How well does Proposal allocate time and resources to deliver on the tasks and deliverables identified in this RFP in a way that balances the timeline and priorities set forth in the Statement of Work with a quality product?

• How appropriate, reasonable, and competitive are rates for key project team members relative to skills and experience?

• How well does Proposal demonstrate effective project management and appropriate cost controls, e.g. focusing senior team members’ time on tasks with highest sensitivity and opportunity add value and leveraging junior staff on tasks where less experience is required?

4.10.4 PREFERENCES

4.10.4.1 Oregon Supplies and Services

DAS SPS prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, DAS SPS shall subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.4.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, DAS SPS 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 SPS 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.

4.10.4.4 Tiebreakers

If DAS SPS receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, DAS SPS shall award the Contract 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 below.

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

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

DAS SPS may, in DAS SPS’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS SPS will rank

TOTAL POINTS POSSIBLE: 100

POINTS POSSIBLE 85

4.10.2.1 Experience and Expertise 30

4.10.2.2 Key Issue Identification 25

4.10.2.3 Project Approach 30

4.10.3 PRICE POINTS POSSIBLE 15

https://www.naspo.org/reciprocity1 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 SPS 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

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are non-Responsive.

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

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

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

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

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number ;

• 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 SPS 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 SPS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS SPS 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 SPS 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 Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to DAS SPS 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 http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

Contract.

5.3.5 Nondiscrimination in Employment

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

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

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

Following the selection of the apparent successful Proposer, DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, DAS SPS 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 SPS 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 SPS may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

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

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS SPS 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 SPS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

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

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it 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 SPS 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 SPS. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by DAS SPS.

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

Pursuant to ORS 279B.100, DAS SPS may reject any or all Proposals in-whole or in-part, or may https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or DAS SPS, as determined by DAS SPS. 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 award, or the rejection of any Proposal.

6.6 COST OF SUBMITTING A PROPOSAL

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

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

6.8 RECYCLABLE PRODUCTS

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

https://www.oregon.gov/das