RFP - Plastic Leakage Needs Assessment.pdf

OregonBuys Bid # S-34000-00015010

STATE OF OREGON

COVER PAGE

Department of Environmental Quality is issuing this Intermediate Procurement under S-34000-00015010 for

PLASTIC LEAKAGE NEEDS ASSESSMENT

Date of Issue: October 1, 2025

Opening Date (Offers Due): November 1, 2025

Single Point of Contact (SPC): Stephanie Brandon, Procurement & Contracts Specialist

Address: 700 NE Multnomah Street, Suite 600 City, State, Zip Portland, OR 97232 Phone: 503-528-4330 E-mail: BIDSDEQ@deq.oregon.gov mailto:BIDSDEQ@deq.oregon.gov

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 WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFERS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 PRICE EVALUATION (0-10 POINTS POSSIBLE)

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H DEQ LITERATURE REVIEW

ATTACHMENT I CERTIFICATION OF MINIMUM OFFER REQUIREMENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Environmental Quality, (“Agency”), is issuing this Intermediate Procurement for research and modeling of the potential scale of plastic leakage (including litter and marine debris) and costs to society attributable to products covered under the Plastics Pollution and Recycling Modernization Act.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

Agency anticipates the award of one Contract from this solicitation. The initial term of the Contract is anticipated to be one year (January 1 – December 31, 2026). Agency budget for this work is capped at $250,000.

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 solicitation.

Event Date Time

RFP Issued October 1, 2025

Pre-Offer Conference October 7, 2025 9:00 AM

Questions / Requests for Clarification Due October 8, 2025* 5:00 PM

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

October 10, 2025

RFP Closes / Offers Due November 1, 2025 2:00 PM

Negotiation with selected candidate

December 1 – 31, 2025

Contract begins (anticipated) January 1, 2026

* Questions received by this deadline will receive published responses; DEQ may publish responses to questions received after the deadline on a case-by-case basis.

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.

2.2.2 Project Specific Definitions

Covered product (ORS 459A.863(6)): packaging, printing and writing paper; and food serviceware, excluding products specifically excluded at ORS 459A.863(6)(b)(A)-(Q) and at

OAR 340-090-0840(2).

Food serviceware (ORS 459A.863(18) and OAR 340-090-0840(1)(e)): paper or plastic plates, wraps, cups, bowls, pizza boxes, cutlery, straws, lids, bags, aluminum foil or clamshells or similar containers: (a) That are generally intended for single use; and (b) That are sold empty or unused to a retailer or a dine-in food establishment or a take-out food establishment for provision of ready-to-eat food, regardless of whether the item is used to prepackage food for resale, is filled on site for food ordered by a customer or is resold as is.

Litter (ORS 459A.863(10)): waste that is improperly placed so as to be a nuisance, aesthetic, health or environmental concern.

Marine debris: any persistent solid material that is human made or processed and discarded, disposed of, or abandoned in the marine and coastal environment or ends up in marine or coastal ecosystems via any number of pathways including intentional and accidental releases.

Packaging (ORS 459A.863(18) and OAR 340-090-0840(a)-(c)): materials used for the containment or protection of products, including but not limited to

• paper, plastic, glass or metal or a mixture thereof;

• single-use bags, including but not limited to shopping bags;

• materials used in storage, including but not limited to file boxes and folders, moving boxes, plastic storage bags including garbage bags, food containers for perishable or non-perishable foods, and plastic storage containers for durable items including large bins with and without lids;

• service packaging (packaging that is filled at the point of sale for the purpose of transferring goods to a consumer); and http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

• materials used in shipping or moving, including but not limited to boxes, envelopes, labels, bubble wrap, packing peanuts, packing paper and packing tape.

“Packaging” does not include food serviceware or sharps, as defined in ORS 459.386.

Plastic Leakage: mismanaged plastic, including plastic litter, microplastics, and nanoplastics, that accumulates anywhere in the natural environment (e.g. in soil, air, rivers, coastlines, etc). This term is used as an umbrella to encompass marine debris and litter (as well as other mismanaged plastic), the two statutory focuses of the needs assessment.

Printing and Writing Paper (ORS 459A.863(20)): fiber-based materials including, but is not limited to, newspaper, magazines, flyers, brochures, booklets, catalogs, telephone directories and paper used for copying, writing or other general use.

Producer responsibility organization (ORS 49A.863(21)): a nonprofit organization established by a producer or group of producers to administer a producer responsibility program.

See Chapter 459A for those definitions drawn from statute — Reuse and Recycling:

oregonlegislature.gov/bills_laws/ors/ors459A.html

See Chapter 340, Division 90, for those definitions drawn from rule —Recycling and Waste Reduction: Oregon Secretary of State Administrative Rules.

2.3 OVERVIEW AND PURPOSE

This project is being carried out as part of the Plastic Pollution and Recycling Modernization Act (RMA) which is leveraging the resources of producers to build on existing, local community recycling programs and update Oregon’s outdated recycling system. The Oregon legislature passed RMA (Senate Bill 582) during the 2021 legislative session. The new law became effective Jan. 1, 2022 and recycling system improvements began in July 2025.

About the new law

The Act has a primary focus on upgrading Oregon’s recycling system in order to make recycling more accessible and easier for the public to use, improve the facilities that sort recyclables, and create environmental benefits while reducing social and environmental harms. Producers and manufacturers of packaged items, paper products and food serviceware will pay for many of these necessary improvements and help ensure recycling is successful in Oregon.

The Act also contains several elements pertaining to its secondary focus, that of reducing plastic pollution. The mandate at 2021 c.681 §26a. to conduct a needs assessment focused on litter and marine debris is one of these elements. The needs assessment must characterize the scale of and localize covered products’ contributions to litter and marine debris in Oregon. It may also detail recommendations pertaining to remediation of litter and marine debris that involve a role for or funding from producer responsibility organizations.

2.4 SCOPE OF WORK/SPECIFICATIONS

DEQ is seeking a Contractor to carry out the following tasks:

PHASE 1:

https://www.oregonlegislature.gov/bills_laws/ors/ors459A.html https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1487

a. Assess the location and quantify the amount of plastic leaked into Oregon’s environment through littering and other intentional and uncontrolled sources of origin. DEQ envisions this work being accomplished primarily through literature review of previous studies conducted in the region (see DEQ literature review in Appendix H) and modeling, possibly supplemented with limited primary research focused on waterways, where there is greater uncertainty with respect to plastic leakage quantities.

i. Sources of leakage to consider include but are not limited to: litter, end-of-life management of plastic waste, and microplastic emissions from tires and textiles.

ii. The degradation of leaked macroplastics into micro- or nanoplastics should be addressed to the extent feasible.

iii. At a minimum, the assessment should differentiate among leakage into coastal areas (e.g. marine debris), rivers, and the terrestrial environment. If it is possible to further subdivide the terrestrial environment into sub-media – wildlands, roadways, interchanges, rest areas – that is welcomed.

iv. Provide information specific to individual plastic polymers (e.g. #1 through #7) if possible.

b. Assess the composition of the plastic leakage in Oregon, determining the fraction attributable to products covered under the RMA vs. attributable to other products managed through active stewardship programs in the state of Oregon (e.g. beverage containers, mattresses, electronics, paint, pharmaceuticals, etc) vs. attributable to products without extended producer responsibility programs. As with part (a), DEQ envisions this work being accomplished primarily through literature review of studies conducted in the region and modeling, possibly supplemented with limited primary research focused on waterways.

c. Evaluate direct and indirect costs of the plastic leakage in Oregon attributable to covered products, and assign the costs to specific subcategories of covered products to the extent possible.

i. Direct costs consist of the costs of cleanup.

ii. Indirect costs could include but are not limited to crime, insurance price increases, and disaminity (loss of happiness) resulting from litter and other plastic leakage.

iii. If it is possible to additionally quantify toxic and health impacts of plastic leakage on humans and the ecosystem, it would be desirable to include; if not, provide qualitative information.

d. Assess the economic and environmental impacts of various possible solutions to address plastic leakage attributable to covered products (e.g. costs to clean up litter, a state reuse mandate, bans of particular non-essential products, etc.).

i. Quantify the reduction in leakage that can be achieved through a particular policy to the extent possible – e.g. represent policy solutions as tiers or wedges.

e. Assist DEQ to engage local governments, the Oregon Department of Transportation, the Oregon State Parks and Recreation Department, producer responsibility organization Circular Action Alliance and the Oregon Recycling System Advisory Council in the accomplishment of the needs assessment.

i. Engagement could include subcontracting with local entities to carry out primary research or share primary research results.

f. Report findings (a) to (e) to DEQ as they are concluded (e.g. throughout the contract) and advise DEQ with its compilation of the findings into a report to the Oregon legislature, due September 15, 2026.

PHASE 2:

Much of the scope described above is explicitly required by the statute at 2021 c.681 §26a for inclusion in the report to the Oregon legislature, due September 15, 2026, but some of the work is not therein required (for example, the allocation of plastic leakage to products managed through other stewardship programs). DEQ welcomes two-phase proposals that would yield the additional findings after the initial phase of the project ending September 15, 2026, has been completed.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.1.1 BUSINESS

To be considered for evaluation, Offeror must demonstrate how Offeror meets all of the following business requirements:

o Research expertise capabilities with access to latest data relevant to the topic.

o Consistent engagement in the topic of interest and demonstrated adherence to ethical use of secondary research.

3.1.2 TECHNICAL

To be considered for evaluation, Offeror must demonstrate how the proposed solution meets all of the following technical requirements:

o Demonstrated technical subject expertise related to modeling of plastic leakage during the life cycle of covered products, e.g. during material production, consumption, and waste disposal.

o Demonstrated proficiency with material systems and life cycle approaches considering broad global and specific regional and local scenarios.

o Demonstrated ability to model scenarios of interest utilizing a combination of generic and context specific data.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file.

Offeror shall submit one electronic copy of its Offer. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through

192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B), and Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

3.2.2 Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system. Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.3.2 Questions / Requests for Clarification

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

• Be submitted via OregonBuys or to BIDSDEQ@deq.oregon.gov.

• Refer to the specific area of the solicitation 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

If submitting via OregonBuys: Questions can be submitted by navigating to the bid solicitation and entering questions in the Q&A tab.

If submitting to BIDSDEQ@deq.oregon.gov, Offeror will receive an email confirmation that

Agency received your question(s). If you don’t receive a confirmation, please contact the SPC.

Email shall:

• Reference the OregonBuys bid number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

3.3.3 Pre-Offer Conference

A pre-submittal conference will be held at the date and time listed in the Schedule.

Prospective Offerors’ participation in this conference is highly encouraged but not mandatory.

https://oregonbuys.gov/bso

The purpose of the pre-submittal conference is to:

• Provide additional description of the project and answer clarifying questions;

• Explain the solicitation process; and

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

Statements made at the pre-submittal conference are not binding upon Agency. Offerors may be asked to submit questions in Writing.

3.3.3.1 Attendance at Pre-Offer Conference

Interested parties may participate in the Pre-Offer conference via Microsoft Teams. Attendance is optional.

Join the meeting now Meeting ID: 287 235 333 948 4 Passcode: iT7VY2eL

Dial in by phone +1 503-446-4951,,831734507# United States, Portland Find a local number Phone conference ID: 831 734 507#

3.3.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

3.3.4.1 Submission Options

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedure outlined in detail in the OregonBuys Supplier Bid Solicitation Response:

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

NOTE: Upon successful submission of Offer in OregonBuys, OregonBuys will send an email confirmation to the Offeror at the email listed in their vendor profile. If Offeror does not receive the email, Offeror should contact OregonBuys Supplier Support immediately at 1-855-5046 or support.oregonbuys@das.oregon.gov for assistance.

It’s highly recommended Offeror also contact the SPC.

The price sheet must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTUzNGNhM2YtMGU3Ni00YmQxLTk0OWEtYjk4ZmM0YzAxOGFm%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22fe6fd6c3-006d-4288-8676-f92e3f9876da%22%7d tel:+15034464951,,831734507 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=831734507 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 mailto:support.oregonbuys@das.oregon.gov mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure

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

3.3.5 Modification or Withdrawal of Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.3.6 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

3.3.7 Offer Rejection

Agency may reject an Offer for any of the following reasons:

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

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

• Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• Offeror makes any contact regarding this solicitation with State representatives such as

State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

• Offeror is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment.

3.3.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

However, Agency will record and make available the identity of all Offerors after Opening.

3.4 OFFERS CONTENT REQUIREMENTS

Offeror must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Goods to be provided or the Services to be performed or both. An Offer that merely offers to provide the goods or services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

3.4.1 Offeror Information and Certification Sheet

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

3.4.2 Approach

Provide a description of how the Offeror will approach the tasks described in Section 2.4 Scope of Work. Approach should include a project plan and timeline that clearly indicates Phase 1 and Phase 2. Approach may include the tools, research approaches, methodologies, data sources, outreach, and any other steps Offeror may take to deliver on the tasks described in Section 2.4.

3.4.3 Project Team

Provide a list of the specific individuals, including subcontractors, who would be assigned key positions for this project. Include, by individual, a description of their duties and responsibilities for this project. Also include their credentials relevant to the project.

Attach up to a 2-page resume for each person identified as a Key Person on the Project Team. If a Contract results from the Offer, substitutions or replacement of staff identified as Key Persons must be approved in advance by the Agency.

3.4.4 Relevant Examples

Provide 2-3 detailed relevant examples from current or former clients for similar projects performed within the last 5 years.

For each example, Offeror shall include:

• An overview including underlying project type, size, budget, duration and objectives.

• A description of the services provided by the Offeror, including identifying any proposed team members who were responsible for the cited project work and their roles in the project.

• A description of the results and value provided to the customer by the Offeror and whether the services were accomplished within the Offeror’s original estimated budget and schedule or needed to be revised (include succinct explanations for any revisions).

• Any other important and relevant information regarding the project.

3.4.5 References

Provide at least one reference for each example provided on Attachment D. References must be able to verify the quality of previous, related Work. Agency may check to determine if references provided support Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications.

3.4.6 Price

Submit a detailed Price Sheet (Attachment E), via separate electronic file, the includes the following items:

• A proposed budget, broken down between Phase 1 and Phase 2, which includes a price for each deliverable, a price for each phase and the total price for the entire project.

• Hourly rates for each Key Person on the project team.

• Estimates of staff hours by person and total costs associated with the accomplishment of each milestone or project deliverable listed in the Offeror’s Project Plan based on the hourly rates given in the Price Sheet.

• Separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges (if any).

Agency may reimburse travel and other expenses of the Contractor at the rates set forth in the Oregon Accounting Manual (OAM) as of the date Contractor incurred the travel or other expenses. The OAM is available at:

http://www.oregon.gov/DAS/CFO/SARS/policies/oam/40.10.00.pdf

3.4.7 Certification of Minimum Offer Requirements (Attachment I)

To be considered for evaluation, the Offeror shall complete and submit the Certification of Minimum Offer Requirements (Attachment I).

3.4.8 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

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

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

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror.

However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer Non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting an offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.5.2 Evaluation Criteria

Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

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

3.5.2.1 Approach (0-40 points possible)

The extent to which the Project Plan provided in response to the requirements of Section

3.4.2 Approach reflects an understanding of the critical activities required to complete each deliverable identified and the schedule by which the work in the Project Plan can be completed.

• Demonstration of understanding of the project and its relevance to extended producer responsibility programs.

• Cohesiveness of the proposed project plan with the overall outcomes outlined for the project.

• Comprehensiveness of project plan including details related to the tools, methodologies, data sources, and overall research approach proposed, with the plan adequately responding to all requirements of the statute (2021 Oregon Laws c.681 §26a).

• Ability to convey findings from the distinct task in an interconnected narrative in a technical report.

• Ability to structure findings in a concise manner suitable for peer-reviewed journal.

• Clear demonstration of systems thinking approach.

• Creativity

Section 3.5.2.1 Rating Scale Point Range Explanation

36-40 OUTSTANDING - Response meets all requirements and demonstrates thorough knowledge and understanding. Provides significant insight and clear, innovative methods.

30-35 VERY GOOD – Response meets all requirements, demonstrates above-average knowledge and ability, and provides useful information with no major deficiencies.

21-29 ADEQUATE – Response meets requirements in an acceptable manner and demonstrates ability to comply, but without additional depth or insight.

1-20 FAIR – Response meets only minimum requirements, with limited demonstration of subject matter understanding.

0 RESPONSE OF NO VALUE – Response is unacceptable, does not meet requirements, or fails to demonstrate knowledge of subject matter.

3.5.2.2 Project Team (0-20 points possible)

The extent to which the Project Team (including Sub-contractors, if listed) and Key Persons’ resumes reflect the experience as outlined in Section 3.4.3 Project Team and

• reflect the Offeror’s previous experience providing services similar to this Offer’s requirements as outlined in Section 3.4.4 Relevant Examples.

• demonstrate the Project Team’s representative experience to complete the full scope of work.

• reflect the Offeror’s level of combined skills in quantitative and qualitative analysis.

• reflect the Offeror’s level of experience building and working with multidisciplinary skill set to solve complex problems.

Section 3.5.2.2 Rating Scale Point Range Explanation

18-20 OUTSTANDING - Team shows exceptional qualifications, highly relevant experience, and strong alignment to project needs.

14-17 VERY GOOD – Team shows above-average qualifications and relevant experience, with no major gaps.

10-13 ADEQUATE – Team meets requirements, demonstrates sufficient qualifications, but provides limited detail or relevance.

1-9 FAIR – Team meets only minimum requirements with limited or weak qualifications.

0 RESPONSE OF NO VALUE – Response is unacceptable, does not meet requirements, or fails to demonstrate relevant qualifications.

3.5.2.3 Relevant Examples (0-30 points possible)

• The extent to which the combined experience and/or competency of the Project Team demonstrates the ability to complete the full scope of work

• Relevance of project examples to the specific tasks and deliverables.

• Quality of work samples (content, aesthetics, creativity)

Section 3.5.2.3 Rating Scale Point Range Explanation

28-30 OUTSTANDING - Examples are highly relevant, high quality, and clearly demonstrate successful outcomes.

23-27 VERY GOOD – Examples are relevant and of good quality, with strong evidence of successful outcomes.

16-22 ADEQUATE –Examples meet requirements but are limited in relevance or depth.

1-15 FAIR – Examples minimally meet requirements, show limited quality or applicability.

0 RESPONSE OF NO VALUE – No acceptable examples provided.

3.6 PRICE EVALUATION (0-10 POINTS POSSIBLE)

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

lowest price of all Offerors X 10 price points possible = price score price being scored

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

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

3.8 PREFERENCES

3.8.1 Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

3.8.2 Tiebreakers

Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.9 POINT AND SCORE CALCULATIONS

Points are the total possible value for each section as listed in the table below. Scores are the values assigned by each evaluator.

Each evaluator will assign scores to each evaluation item (A-C) listed in the table below and then sum those scores to arrive at a total score for each Offer. The SPC will average the total scores for each Offer (calculated by summing the total points awarded by each evaluator and dividing by the number of evaluators) to determine the final average score for each Offer.

EVALUATION ITEMS MAXIMUM POINTS

POSSIBLE

A 3.5.2.1 Approach 40

B 3.5.2.2 Project Team 20

C 3.5.3.3 Relevant Examples 30

D 3.6 Price Evaluation 10

TOTAL POINTS POSSIBLE 100

3.10 RANKING OF OFFERORS

The SPC will total the final average score and price score for each Offer. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

Agency will notify all Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest-ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to offer submission.

4.2.2 Taxpayer Identification Number

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

• When requested by Agency (normally in an intent to award notice), or

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

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

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency will only negotiate the following provisions:

• Term of the contract

• Statement of Work

• Compensation

In the event that the parties have not reached mutually agreeable terms within 21 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Offeror.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

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

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

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

5.2 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, evaluation and https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part, or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

5.5 COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.7 RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

http://www.oregon.gov/DAS

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H DEQ LITERATURE REVIEW

ATTACHMENT I CERTIFICATION OF MINIMUM OFFER REQUIREMENTS