RFP-PUC-OUSFA-final.docx

State of Oregon

Cover Page Department of Administrative Services, State Procurement Services, (“DAS SPS”), on behalf of the Public Utility Commission (“PUC” or “Agency”) Is issuing this Request For Proposals (RFP) under OregonBuys® Bid Number S-DASOBO-00018105 for

OREGON UNIVERSAL SERVICE FUND ADMINISTRATOR

Date of Issue: October 9, 2026 Opening Date and Time: November 9, 2026 @ 2 PM, Pacific Time Single Point of Contact (SPC): Stefani Tew, Procurement & Contract Specialist Address: 155 Cottage Street NE Salem, Oregon 97301-3972 Email: stefani.tew@das.oregon.gov Phone: 971-701-1860 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

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

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H DAILY & MONTHLY ACTIVITIES

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Administrative Services, State Procurement Services (“DAS SPS”), on behalf of the Public Utility Commission (“PUC” or “Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for the selection of the Oregon Universal Service Fund Administrator.

Additional details on the scope of the services or both are included in Section 2.4 of this RFP (Scope of Work).

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

The initial term of the Contract is anticipated to be one (1) year with options to renew.

SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

RFP Protest Period Ends

7 calendar days prior to RFP Opening

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.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

DAS SPS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-0170(3).

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) Negotiations; d) Best and Final Offers; and e) Multistep Sealed Proposals.

DEFINITION OF TERMS

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

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

OVERVIEW AND PURPOSE

Agency Overview and Background The PUC ensures that Oregon utility customers have access to safe, reliable, and high-quality utility services at just and reasonable rates. ORS 759.425 requires the PUC to establish and implement a competitively neutral and nondiscriminatory Oregon Universal Service Fund (“OUS Fund”) to ensure that basic telephone service is available at a reasonable and affordable rate. The PUC implemented the OUS Fund in September 2000. All certificated telecommunications service providers (“Service Providers”) in Oregon are required to collect a surcharge on the sale of telecommunications services from their Oregon customers, and report and contribute to the OUS Fund quarterly. PUC-designated Eligible Telecommunications Carriers (“ETCs”) receive disbursements from the OUS Fund monthly. The PUC contracts with a third party to administer the OUS Fund, mainly through the OUS Fund web-based system.

Project Overview and Background ORS 759.425 requires the PUC to establish and implement a competitively neutral and nondiscriminatory OUS Fund. The purpose of the OUS Fund is to ensure that basic telephone service is available at a reasonable and affordable rate. Docket UM 731 was opened in response to this statute and Order No. 99-197 was issued to address the administrative issues in this docket. Issues 13 and 14 in this order established the need for an administrator of the OUS Fund and the general duties that the administrator should perform. The PUC’s investigation into the design and implementation of the OUS Fund was docketed as UM 731. See UM 731 Orders 95-1103, 98-094, 98-430, 99-197 and 00 312. The OUS Fund has been collecting and distributing funds since 2001. Initially only the two largest carriers received money from the fund. Later, in 2003, all of the incumbent local exchange carriers started receiving money from the fund. Currently the fund collects from approximately 400 Service Providers and distributes funds to approximately 33 ETCs.

The OUS Fund is designed to complement the federal Universal Service High-Cost Fund mechanism. All Service Providers in Oregon are required to contribute to the OUS Fund. See ORS 759.425(4). Only ETCs certified and designated eligible by the PUC may receive distributions from the OUS Fund.

The PUC convened an OUS Fund Advisory Board in early 2000. The Board's duties include assisting and advising the PUC in the selection of an OUS Fund Administrator; advising the OUS Fund Administrator and PUC regarding the effective operation of the OUS Fund; reviewing OUS Fund administration budgets, contribution rate proposals, and various OUS Fund operating reports; and assisting the PUC in evaluating the success of the OUS Fund program. The OUS Fund Advisory Board meets quarterly.

The OUS Fund Advisory Board consists of ten members, three from telecommunications utilities, three from competitive telecommunications providers, one from radio common carriers, one from a residential consumer group, one from among business customers and one from PUC staff.

Agency needs an Administrator for the OUS Fund.

SCOPE OF WORK

The successful Proposer (“Contractor”) shall provide the following services and deliverables listed below.

Project Kickoff Meeting Contractor shall attend a project kickoff meeting to discuss, at a minimum, the project schedule, project overview, tasks and deliverables, transition plan and dates, times and location of quarterly board meetings. Contractor shall also provide a written summary of the kickoff meeting to the PUC.

Supporting the Web-Based OUS Fund System Contractor shall provide the following support to providers, individuals and entities in connection with the administration of the OUS Fund and the web-based system (“OUSF System”) used by the Service Providers.

1) Answer questions received via email or phone.

2) Establish new user logon and password credentials and help current users with any OUSF System access issues, such as forgotten passwords.

3) Monitor the OUSF System to ensure its functioning properly. For minor issues, Contractor shall take all necessary action to correct the issues. If there are major issues (for example, issues with the programming), Contractor shall notify the PUC of the issues.

4) For Service Providers not currently using the OUSF System, Contractor shall manually input the information received from the Service Providers Ensuring Providers are Filing Correctly and on Time Contractor shall ensure Service Providers are filing the following forms correctly and on time. If they are not, Contractor shall contact those Service Providers and advise the PUC of any Service Providers who are delinquent in submitting their payments and/or forms.

1) OUS1 (OUS Identification Worksheet) – basic company information submitted annually or as necessary with updated information.

2) OUS2(OUS Contribution Worksheet) – quarterly payments and supporting forms. Contractor shall ensure the information from this form is recorded in the OUSF System.

3) OUS3 (OUS Support Distribution Worksheet) – receipt of monthly line count information. Contractor shall ensure the information from this form is recorded in the OUSF System.

Mailings and Distributions Contractor must mail the required OUS Fund forms and notifications on the following schedule:

1. OUS1 Form and Reminder

1. Late Contribution or OUS2 Form

1. Quarterly (4 times/year) to all carriers (~475)

1. Yearly, in January to all carriers (~475)

1. As needed anywhere from 10-30

1. Late OUS2 and Contribution Letter

1. Contribution Variance Letter

1. New Carriers Welcome Letter/package

1. Late OUS1 Notice for new carriers

1. Quarterly (around 20-30 notices each quarter)

1. Quarterly (around 20-30 notices each quarter)

1. Quarterly (around 5 - 7 notices each quarter)

1. Quarterly (anywhere from 2-8 each quarter)

1. Quarterly (usually 1-4 notices)

Administrative Activities Contractor must upload to the OUSF System all miscellaneous expenses and refunds to payphone providers as well as posting write-offs. Contractor shall input any additional information that cannot be input by the Service Providers themselves.

Presentation and Special Studies Each yearly quarter, Contractor shall present an update to the OUS Fund Advisory Board. Presentations may be done via video conference or other method approved by the PUC including in person. The updates must include the following:

1) Status update on any delinquent Service Providers, forms & payments.

2) Update on the status of any issues with the OUSF System.

3) Any new OUSF System issues.

Contractor may be required to provide additional information concerning the OUS Fund, including special reports, summaries, schedules and other information as requested by the PUC or the OUS Fund Advisory Board.

Approximate Current Filer Numbers The following table shows the approximate number of current filers for each form:

SUMMARY

Current Filer Numbers (approximate)

Contractor must also perform the activities set forth in Attachment H (Daily & Monthly Activities).

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

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

Proposer must have at least one year of experience as a universal service fund administrator or in administering another type of fund similar in scope and size to the OUS Fund.

Proposer must be able to perform the services described in this RFP (“Services”) from secure facilities owned or leased by Proposer.

Proposer must have the technology and qualified staff in place to perform the Services described in this RFP and within specified timeframes (see Attachment H, Daily & Monthly Activities).

Proposer should not be affiliated with any Service Provider.

Proposer should not have any significant financial interest in any Service Provider.

SUBMISSION REQUIREMENTS

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

Disclosure Exemption Affidavit (Attachment B) Proposer Information and Certification Sheet (Attachment C) Reference Check Form (Attachment D) Price Proposal Form (Attachment E) COBID Certification / Outreach Plan (Attachment F) Responsibility Inquiry (Attachment G) Key Persons and Resumes Financial Statement/Fiscal Stability Secure Facilities Sample Work Plan Project Implementation & Transition Plan Proposal Page Limits Proposal is limited to 20 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) Price Proposal (Attachment E) COBID Certification / Outreach Plan (Attachment F) Responsibility Inquiry (Attachment G) Key Person Resumes Prior Experience 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 : https://www.oregon.gov/das/ORBuys/Documents/OregonBuys Vendor Formal Solicitation Response.pdf for electronic submission. for electronic submission. File size is limited to 20 megabytes. DAS SPS is not able to accept Zip files.

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

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys® all attachments to its Proposal that Proposer believes are exempt from disclosure and Proposer must submit a redacted copy of its Proposal and all attachments that include information that is exempt.

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

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

PROPOSAL REQUIREMENTS

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

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

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.

References Proposer shall provide three (3) references from current or former client firms for similar projects performed for any clients within the last four (4) years. References must be able to verify the quality of previous, related work. DAS SPS may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. DAS SPS may use references to obtain additional information, or verify any information needed. DAS SPS may contact any reference (submitted or not) to verify Proposer’s qualifications.

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

Cost Proposal Proposer shall submit, in a separate electronic file, a detailed all-inclusive Price Proposal (Attachment E) providing at a minimum, the following information:

Hourly rate for each Key Person.

Estimated number of hours per Key Person to perform the Services for the initial 1-year term of the contract, with a total cost for each deliverable.

Estimate of Proposer’s expenses for travel (one in person OUS Fund Advisory Board meeting per year, at PUC’s request), postage (approximately two mailings each quarter), supplies and any other necessary expenses.

The total annual cost to provide the Services described in this RFP.

After the initial one (1) year term of the Contract, if the Contract term is extended, pricing may be reviewed by the parties upon the request of the Contractor, provided that such reviews may occur no more frequently than once during any 12-month period. Proposer must submit any request for a price adjustment at least 60 days prior to the proposed effective date of such adjustment and the request must include documentation justifying the adjustment, must include Consumer Price Index (CPI) information that supports the requested adjustment, and must be approved by the OUS Fund Advisory Board.

Key Persons and their Resumes Proposer shall identify its Key Persons and provide for each of the proposed Key Persons a written description of the person’s qualifications and experience to provide the Services requested in this RFP. The written description must describe the following:

Each Key Person’s relevant experience with managing a state universal service fund as described in this RFP.

Each Key Person’s role and responsibility to achieve the Scope of Work in this RFP.

How the work experience prepares each Key Person to provide the Services required under this RFP.

Proposer shall also include a current resume for each Key Person (not to exceed two (2) pages each) that demonstrates the Key Person’s qualification, experience, length of tenure, training, education and skills to provide the Services.

Prior Experience Proposer shall describe one (1) state universal service fund which is similar in size and scope to that described in this RFP that Proposer has managed or is currently managing. The prior experience must demonstrate and include the following:

Experience and knowledge of managing a state universal service fund or a fund similar in size and scope.

Length of time Proposer has been managing funds.

The type of funds managed, and a description of the management functions required.

Description of Proposer’s experience developing written reports for the service fund Proposer manages and making presentations to management groups.

Description of Proposer’s experience archiving paper and electronic documents submitted by the companies.

Project Implementation Plan The current OUS Fund Administrator’s contract expires on January 1, 2026. Proposer’s Proposal must include a plan containing all of the major milestones necessary for a smooth transfer of information and duties from the current OUS Fund Administrator to the new contractor, beginning from Contract execution with the Successful Proposer under this RFP and continuing to the expiration of the current OUS Fund Administrator’s contract.

As part of the Implementation Plan, Proposer’s Proposal must clearly describe how Proposer’s staff will become familiar with relevant rules and procedures related to the OUS Fund and become proficient in using the OUS Fund database. The plan must be comprehensive and include a project schedule which shows the estimated number of hours to be devoted to major project tasks such as, but not limited to, orientation, work plan development, data analysis, collection and recording of information from telecommunications providers, reporting and other tasks the Proposer deems relevant.

Financial Statement/Fiscal Stability Briefly describe Proposer’s experience with, and current strategies for, ensuring that the Proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed Contract term. Identify the individuals who have fiscal responsibilities. Any Proposer that has generated financial statements shall submit copies for the most recent period. If financial statements have not been generated, then Proposer may submit an audit or fiscal review by a certified public accountant, or if the Proposer is a “new” business, a copy of a business plan completed within the last year.

SOLICITATION PROCESS

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.

PRE-PROPOSAL CONFERENCE

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

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, email, or hard copy;

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.

SOLICITATION PROTESTS

Protests to RFP Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Scope of Work, and the 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 Section 5.4.1 (Contract Negotiations).

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.

Requirements for Protests All protests must:

Be delivered to the SPC via email, , or hard copy;

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:

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

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 in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys® Proposal submission should be electronically through OregonBuys®. at: OregonBuys.gov Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

PROPOSAL MODIFICATION OR WITHDRAWAL

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

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

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.

PUBLIC OPENING

A public Opening will not be held.

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 undisclosed 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).

EVALUATION PROCESS

Responsiveness and Responsibility Determination Responsiveness Determination Responsiveness includes a determination that a Proposal substantially complies with the RFP and all prescribed procurement procedures and requirements.

The SPC will conduct an initial Responsiveness check of each Proposal received prior to Opening/Closing to determine if Proposer has submitted all required documents and information in compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Submission Requirements).

DAS SPS will continue its review throughout the evaluation process to determine if a Proposal is Responsive to all RFP requirements. The final determination of Responsiveness includes a determination that the Proposal substantially complies with all submittal requirements, all Services requirements, all System requirements, the State’s security requirements, and any and all other requirements detailed in the RFP and any Addenda/Amendment.

At any time prior to award, DAS SPS may reject a Proposal found not to be Responsive.

If the Proposal or information contained 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 at any time during the evaluation process, the Proposal may be rejected. DAS SPS may waive mistakes in accordance with OAR 125-247-0470.

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

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

Evaluation Criteria

Each Proposal meeting all initial 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.

The Evaluation Committee will use the basic categories listed below as guidance in evaluation of the Proposals:

Prior Experience How well do the descriptions of previous funds Proposer has managed or is currently managing demonstrate their ability to provide the Services requested in this RFP?

How well does the Proposer demonstrate its ability to satisfy the requirements of this RFP?

Key Persons and their Resumes The degree to which the Proposal demonstrates that Proposer’s Key Persons have the qualifications, experience, training, education and skills to provide the Services requested in this RFP.

The degree to which the experience and qualifications of Proposer’s Key Persons are relevant to the Services requested in this RFP.

Secure Facilities How well does the Proposal describe the measures the Proposer takes to ensure its facility is secure?

How well does the Proposal describe the Proposer’s procedure for completing background checks on its personnel?

How well does the Proposal describe the measures Proposer takes to ensure system access is restricted to only authorized employees?

Sample Work Plan How well does the Proposer’s sample work plan demonstrate Proposer’s understanding of the requested Services?

Project Implementation & Transition Plan

· How detailed is the Proposal in describing the Proposer’s transition plan?

· How well does Proposer’s transition plan demonstrate Proposer’s understanding of the requirements of the RFP?

· How detailed is the Proposer’s implementation plan?

· How well does Proposer’s implementation plan demonstrate Proposer’s understanding of the requirements of the RFP?

References The references will be scored by the Proposer’s reference. Each reference will fill out and provide a score for each reference question provided in Attachment D. The maximum score for each response will be 5 points. The Proposer’s score for references will be determined by dividing the total points for all three (3) references by three (3) (the number of references).

Should Proposer not provide three (3), Proposer will receive a score of zero (0) for each reference not provided. For example, if Proposer only provides two (2) references, Proposer will receive a score of zero (0) for the third reference.

Additionally, if Proposer submits more than three (3) references, Proposer will only receive a score for the first three (3) references.

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:

price being scored

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

Proposer with the lowest Price Proposal will receive 20 points.

Proposer with the second lowest Price Proposal will receive 10 points.

Proposer with the third lowest Price Proposal will receive 5 points.

All other Proposers will receive 0 points.

PREFERENCES

Oregon Supplies and Services The State prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, DAS SPS shall subtract 3% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

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.

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.

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.

POINT AND SCORE CALCULATIONS

Scores are the values 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 to calculate the maximum possible points for that criterion. Price points are calculated as stated in the Price Evaluation section.

RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

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

NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS 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:

Interviews Presentations/Demonstrations/Additional Submittal Items Discussions and submittal of revised Proposals Serial or simultaneous negotiations Best and Final Offers Competitive Range Determination If DAS SPS, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at DAS SPS’ sole discretion, some (based primarily on a natural break in the distribution of scores and other factors), of the Proposers from a previous round. DAS SPS will post a notice in OregonBuys® of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

Competitive Range Protest Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:

Be emailed to the SPC;

Reference the OregonBuys® bid number;

Identify Proposer’s name and contact information;

Be sent by an authorized representative State the reason for the protest; and Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

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

ADDITIONAL ROUNDS; INTERVIEWS

If DAS PS elects to conduct interviews following the scoring of written Proposals, Proposers in the Competitive Range will be invited to participate. Interviews may be in person at a location determined by DAS SPS; however, DAS SPS may elect to conduct interviews via teleconference. Further details will be included with the Notice of Competitive Range.

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS SPS conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round.

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

1.1.1 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.

1.1.2 Intent to Award Notice

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

INTENT TO AWARD PROTEST

1.1.3 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.

Agency 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’ 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.

Protest Requirements Protests must:

Be delivered to the SPC via email, or hard copy;

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.

1.1.4 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.

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:

1.1.5 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.

1.1.6 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.

1.1.7 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.

1.1.8 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.

CONTRACT NEGOTIATION

1.1.9 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 ONLY the Statement of Work and the following terms and conditions:

Price Term of Contract and renewals Required insurance limits

In the event that the parties have not reached mutually agreeable terms within 14 calendar days of the beginning of Negotiations, DAS SPS, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

ADDITIONAL INFORMATION

COMMITMENT TO FAIR ACCESS

The State of Oregon is committed to taking steps toward promoting fair and accessible Procurement Processes for all small and resource limited businesses by reducing obstacles and negative impacts. The State encourages all businesses to submit Proposals for this contracting opportunity.

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.

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.

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 the State. 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.

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 cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by DAS SPS and Agency. 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.

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.

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.

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) image1.jpeg