RFP Public Opinion Research S-62800-00008012 Final.pdf

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STATE OF OREGON

COVER PAGE

Oregon Forest Resources Institute

PUBLIC OPINION RESEARCH

Intermediate Request for Proposal (RFP)

#S-62800-00008012

Date of Issue: September 11, 2023

Closing Date: October 11, 2023, 2:00 pm Pacific Time

Single Point of Contact (SPC): Kathy Storm, Senior Manager, Business Operations

Address: 9755 SW Barnes Road, Suite 210 City, State, Zip Portland, OR 97225 Phone (voice) 971-673-2953 Phone (cell) 503-805-0855 E-mail: storm@ofri.org

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.

mailto:storm@ofri.org

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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

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: PROCUREMENT PROCESS

4.1 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.2 PROPOSAL DELIVERY OPTIONS

4.3 PROPOSAL MODIFICATION OR WITHDRAWAL

4.4 PROPOSAL DUE

4.5 PUBLIC OPENING

4.6 PROPOSAL REJECTION

4.7 EVALUATION PROCESS

4.8 PRICE EVALUATION

4.9 RESERVED

4.10 PREFERENCES

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 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 PROPOSALS; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

SECTION 7: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Forest Resources Institute (“Agency”), is issuing this Request for Proposal for public opinion research.

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

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is four (4) years with options to renew for two additional four (4) year extensions resulting in a total of twelve (12) years.

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

Pre-Proposal Conference Video Call September 20, 2023 9:00 AM

Questions / Requests for Clarification Due September 22, 2023 3:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) September 25, 2023

RFP Protest Period Ends 7 calendar days prior to RFP Closing

Closing (Proposal Due) See RFP cover page

Presentations, Demonstrations, or Interviews, if applicable (approx.) Week of October 23, 2023

Issuance of Notice of Intent to Award (approx.) October 30, 2023

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

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. Proposer 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 RFP pursuant to its authority under ORS 526.640, ORS 526.645, ORS 279B.050, and utilizing source selection method pursuant to OAR 137-047-0261.

2.2 DEFINITION OF TERMS

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

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2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in 137-046-0110 or as defined below.

2.3 OVERVIEW

OFRI is seeking a Proposer to measure core values, beliefs and awareness levels of Oregonians regarding environmental, economic and social issues related to Oregon’s forests and the management of Oregon’s forests.

The contractor will provide the following services:

a. Develop, conduct and evaluate public opinion research regarding forest management related issues in Oregon via online surveys, focus groups, telephone surveys and other standard methodologies.

b. Conduct educational briefings on the results of OFRI research both in-person and online.

2.4 SCOPE OF WORK/SPECIFICATIONS

Contractor shall complete the following at the request of Agency:

2.4.1 Developing, implementing and evaluating a statewide public opinion survey consisting of forest management values, beliefs and awareness using scientifically valid and statistically reliable methodologies.

2.4.2 Recommending public educational strategies that address forest management questions and concerns based on research evaluation.

2.4.3 Developing, implementing and evaluating statewide “tracking surveys” via online or telephone, for the purpose of tracking public awareness about forestry topics related to OFRI’s educational advertising program, including changes over time.

2.4.4 Developing, implementing and evaluating statewide “educational messaging surveys” via online or telephone, for the purpose of evaluating potential educational messages to be used in OFRI awareness communications such as OFRI’s educational advertising program.

2.4.5 Conducting focus group research, including selection of focus group participants and preparation, facilitation and evaluation. At the request of Agency, up to four focus group sessions may be scheduled per year.

2.4.6 Making public in-person or on-line presentation(s) regarding research results. Number of presentations and location will be mutually agreed upon by Contractor and Agency.

2.4.7 Proposers must describe quality control measures that Proposer will use; including pre-testing of telephone questionnaires, and call back and verification procedures to ensure the sample population remains representative.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

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SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

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

• Ten (10) years’ experience conducting public opinion research.

3.2 MINIMUM SUBMISSION REQUIREMENTS

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

• Executive Summary

• Evaluation Material (See section 4.7.2)

• Number of Years’ experience delivering education programs in Oregon

• Key Persons and Resumes (Do not submit resumes for staff that will not be assigned to account)

• Work Samples

3.2.1 Proposal Page Limits

Proposal is limited to 10 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)

• Reference Check forms (Attachment D—do not return with Proposal)

• Price Proposal (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Work samples

3.2.2 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP.

Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely proposes to provide the goods or services as stated in this RFP will 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. 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 specific information is difficult to locate.

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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 References

Provide in proposal a list of three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. Reference list must include the year Proposer performed the work. References must be able to verify the quality of previous, related Work.

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

Proposer shall submit reference names and contact information in the proposal. The Reference Check Form, provided as Attachment D to this Proposal, is an example of what will be sent by the SPC to references—Agency will send the form to references. Proposers are not to include completed reference forms with Proposal. Agency will make three attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

3.3.3 Price Proposal

Submit a Price Proposal (Attachment E) stating the project cost, including all expenses. Submit as a separate file. Do not include pricing in the proposal.

3.3.4 Key Persons and their Resumes

Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each individual that demonstrates qualifications and experience for the Work described. Only include resumes for staff who will be assigned to and designated as Key Persons under the Contract.

3.3.5 Evaluation Material

Proposer must demonstrate how it meets the evaluation criteria set forth in Section 4.7 of the RFP.

3.3.6 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.

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3.3.7 Proposal Format and Quantity

Proposer shall submit one electronic copy of its Offer. In addition, 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) and a fully redacted version of its Offer, clearly identified as the redacted version. Cost information must be submitted as a separate electronic file.

SECTION 4: PROCUREMENT PROCESS

A Pre-Proposal conference call 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 Agency. Proposers may be asked to submit questions in Writing.

Interested par�es may par�cipate in the Pre-Proposal Conference Video Call at htps://us02web.zoom.us/j/83057311989?pwd=R1ovYVg1VFJZNzdVQ2ZOTmM3U3ozdz09 or by phone

(253) 215-8782; Mee�ng ID: 830 5731 1989; Passcode: 964700.

4.1 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via email;

• Reference the RFP 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.

4.2 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. Agency 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:

4.2.1 Delivery by email

A Proposal must be submitted to the attention of the SPC at the email listed on the Cover Page with the Proposer’s name and the RFP number as the subject line of the email.

For delivery to be effective, Proposer shall, prior to Closing, complete all of the following steps:

https://us02web.zoom.us/j/83057311989?pwd=R1ovYVg1VFJZNzdVQ2ZOTmM3U3ozdz09

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• Submit its proposal via email with an auto-generated electronic return receipt requested.

• Receive an automatically generated electronic return receipt.

• Verify receipt of the email and attached proposal file(s) by telephone call or email to the SPC listed on the cover page of the RFP.

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

10 megabytes.

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

4.2.2 Delivery via electronic data storage service

A Proposer may submit its Proposal by electronic means via electronic data storage service available to OFRI (such as Dropbox (preferred), Google Cloud or other) by completing all of the following steps prior to the Closing:

• Proposer shall place an electronic copy of the Proposal in the electronic data storage location.

• Send an confirming email without the electronic copy of the Proposal to the SPC at the email listed on the Cover Page attached that provides a link to the data storage location, instructions for OFRI on how to retrieve the Proposal from the data storage location, the Proposer’s name and the RFP number.

• Submit the confirming email with an auto-generated electronic return receipt requested, receive an automatically generated electronic return receipt.

• Verify receipt of the confirming email by telephone call or email to the SPC listed on the cover page of the RFP.

4.3 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section. To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

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, fax, hard copy prior to closing in accordance with OAR 137-047-0440. To be effective the notice must include the RFP number.

4.4 PROPOSAL DUE

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

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

4.5 PUBLIC OPENING

No public opening will be held.

4.6 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

4.6.1 Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but

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

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

4.6.4 Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

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

4.6.6 Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Addenda.

4.7 EVALUATION PROCESS

4.7.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Qualifications and 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 Offer. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

Agency will determine if an apparent successful Proposer is Responsible prior to aware and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

4.7.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency 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 up to the maximum points available in the Point and Score Calculation section.

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

Experience developing, conducting and evaluating public opinion research in Oregon, including

OregonBuys Bid S-62800-00008012 – Public Opinion Research Page 10 of 15 research on natural resource issues and work for public sector clients (50 points possible).

Quality and credibility of research design (30 points possible).

Experience in facilitating focus groups (30 points possible).

Understanding of current forest management issues (30 points possible).

Understanding of OFRI mission and goals (30 points possible).

Experience in public presentations (20 points possible).

Familiarity and experience with scaled comparison techniques in questionnaire design (10 points possible).

4.8 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

4.9 RESERVED

4.10 PREFERENCES

4.10.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency will award 10 points to each Proposer conducting Services entirely from a business location within the state of Oregon.

4.10.2 Reciprocal Preference

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

4.10.3 Recycled Materials

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

Tiebreakers

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

https://www.naspo.org/reciprocity1

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4.11 POINT AND SCORE CALCULATIONS

Price points are calculated as stated in the Price Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE 260

EVALUATION CRITERIA POINTS POSSIBLE 200

4.7.2.1 Experience developing, conducting and evaluating public opinion research in Oregon, including research on natural resource issues and work for public sector clients.

4.7.2.2 Quality and credibility of research design. 30

4.7.2.3 Experience in facilitating focus groups. 30

4.7.2.4 Understanding of current forest management issues. 30

4.7.2.5 Understanding of OFRI mission and goals. 30

4.7.2.6 Experience in public presentations. 20

4.7.2.7 Familiarity and experience with scaled comparison techniques in questionnaire design.

3.3.3 PRICE POINTS POSSIBLE 40

3.3.2 REFERENCES 20

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).

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

The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

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

4.13 NEXT STEP DETERMINATION

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

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• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in ORPIN of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.13.2 Proposers excluded from Round 1 may submit a Written protest of Competitive Range. Protests must:

• Be emailed to the SPC;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest;

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

OFRI SPC will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by

OFRI SPC.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope defined in this RFP.

5.1.2 Notice of Award

Agency will notify all Proposers in Writing that Agency is awarding a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

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5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.2.1 Insurance

Prior to execution of the Contract, the apparent successful Proposer 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 Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to Proposal submission.

5.2.2 Taxpayer Identification Number

The apparent successful Proposer 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 Proposer 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.

5.2.3 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. The selected Proposer 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.

5.3 CONTRACT NEGOTIATION

5.3.1 Negotiation

By submitting an Offer, Proposer 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. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Offer, the State intends to enter into a Contract with the successful Proposer 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. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposals.

Any Proposal 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 is willing to negotiate ONLY the Statement of Work.

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

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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.

6.2 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 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 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 from the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of Agency. By submitting an 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 Offer, negotiating an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

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

Pursuant to ORS 279B.100, Agency may reject any or all Proposals 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 Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

6.6 COST OF SUBMITTING A PROPOSAL

Proposer 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.

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

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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. 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.

6.8 RECYCLABLE PRODUCTS

Proposer 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 7: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

http://www.oregon.gov/DAS