RFP Revolving Doors Rehab.docx

State of Oregon

Cover Page Legislative Administration Revolving doors replacement, with added security features Request for Proposal (RFP)

RFP# 15600-00011641

Date of Issue: September 23, 2024 Closing Date and Time: October 18, 2024; 1:00 P.M. PST Single Point of Contact (SPC): Brenda Alfano

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.

OregonBuys#15600-00011641 Revolving Doors Replacement With Added Security Features

Table of Contents

LIST OF EXHIBITS

EXHIBIT A RESPONSIBILITY INQUIRY

EXHIBIT B SAMPLE CONTRACT

EXHIBIT C INSURANCE REQUIREMENTS

EXHIBIT D COBID CERTIFICATION

EXHIBIT E REFERENCE CHECK FORM

EXHIBIT F SUBMITTAL CHECKLIST/COVER SHEET

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the office of the Legislative Administrator, (“Agency”), is issuing this Request for Proposal for three revolving doors with added security features. These doors are located on the front face of the 1938 portion of the Oregon State Capitol. The doors will be used as an egress from the building, as well as an entrance if the proper security features can be provided.

This RFP is being issued in to order to procure services for a contractor to furnish and install three (3) revolving doors in a Bronze Satin and Lacquered Finish, while adding manual security to the doors.

The current doors are operational but have no security features. The proposer is responsible for proposing and implementing a solution that will replace the current doors while providing an integrated security solution to control the use of the doors. It is Agency’s expectation that the wings will be customized to keep a similar appearance to the existing historic doors, while leaving canopy material, ceiling lights, enclosure (base) and push bars original.

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

Agency anticipates the award of one Contract from this RFP.

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 Closing

SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information. A 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

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

OVERVIEW AND PURPOSE

Agency Overview, Background, and Purpose The Oregon State Capitol is a large and complex facility with large and open public spaces, and segregated offices spaces spread throughout in three connected buildings, the Senate Wing, House Wing, and 1938 building. The Oregon State Capitol not only houses personnel from the legislative branch, but also provides office space for executive branch personnel and security, private vendors, and rented meeting rooms for the public.

Currently the Oregon State Capitol building is under construction with the Capitol Accessibility Maintenance and Safety (CAMS) project, which is estimated to conclude by April 2025. Agency will require the rehab to the revolving doors to be completed by the conclusion of the CAMS project in April 2025.

Legislative Administration is the centralized administrative agency for Oregon’s legislative branch of government. Legislative Administration is led by the Office of the Legislative Administrator, and divided into five departments: Employee Services, Facility Services, Financial Services, Information Services, and Visitor Services.

Currently, the Oregon State Capitol building has three revolving doors that were built by Van Kannel Revolving Door Company of New York City in 1937. Although the current doors are still functional, Agency needs to add security features to the doors to comply with the needs of the building.

SCOPE OF WORK/SPECIFICATIONS

The Scope of Work includes:

1. General Project Management Services. These services may include, but are not limited to:

a. Development of key project plans and documents (i.e. budgets, schedule, O&M, etc.)

b. Project oversight and management.

2. Furnish and install three (3) bronze manual security, remote locking, revolving doors in a bronze satin and lacquered finish. Specifications for the revolving doors are:

a. Dimensions:

i. Diameter – 75 ¾”

ii. Door Opening Height – 84”

b. Glass:

i. Wing Glass – ¼” Clear Tempered Float (Factory Glazed)

c. Details:

i. Canopy Material – Reuse Existing

ii. Speed Control – Overhead Mounted Speed Control

iii. Ceiling Lights – Reuse Existing

iv. Wing Construction – Custom 4 ½” Stile with 7” Top Rail and 14 ¾” Bottom Rail Sightline

v. Enclosure (Base) – Reuse Existing

vi. Push Bars – Reuse Existing

vii. Locks – Standard Deadlocks (Less Cylinders) Supplied Loose.

d. Features:

The revolving doors must include, at minimum, the following hardware in addition to the wings listed above:

i. Center Shaft Assembly

ii. Bookfold Hardware

iii. Manual Speed Control – Overhead Mounted

iv. Pivot Bearing Assembly – Floor Mounted

v. Wings to Have Fully Formed / Welded Construction, and to match existing dimensions of stiles and rails to ensure the preservation of the original historical look.

vi. Security Package with Remote Locking at minimum

vii. Self Positioning Closer to Return Door to Home Position with Entrapment Sensors

viii. Custom Bronze Glass Stops to Match Existing Profile as Closely as Possible

ix. Support Structure within Existing Canopy for Mounting of Speed Control.

3. Provide shop drawings that include plans, elevations, sections, attachment details, dimensions, required clearances, methods of field assembly, and location and size of each field connection. Indicate enclosures, speed control units, and components. Indicate locations of activation and safety devices. Include diagrams for power, signal, and control wiring.

4. Provide samples for each exposed component including hardware, for each color and finish selected, as required by architect.2024

This schedule is a tentatively proposed timeline and may be subject to change.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

To be considered for evaluation, a proposer’s Proposal must demonstrate how the proposer meets all requirements of this section:

Licensing/Registration requirements

· A proposer must be a licensed and registered business.

Key Person Requirements

· All persons assigned to this project must have demonstrated experience in revolving door installations.

· Persons assigned to lead and manage this project on behalf of the proposer should have a minimum of five (5) years’ experience in similar projects.

MINIMUM SUBMISSION REQUIREMENTS

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

Executive Summary

· The Executive Summary must provide a high-level overview of the proposer’s experience implementing similar projects, and how their experience will translate to this project.

Project Management Proposal

· The Project Management Proposal must provide a detailed project management plan, including plans for:

· Project oversight and management

· Project communications, both internal to the project, and for key stakeholders, and Capitol occupants

· Schedule/Work Breakdown Structure (WBS) development and management

· Procurement management and timelines Submittal Checklist/Cover Sheet (Exhibit G) Reference Check Form (Exhibit F) COBID Certification / Outreach Plan (Exhibit E) - submit 1 copy only Responsibility Inquiry (Exhibit B) - submit 1 copy only Key Persons and Resumes Work Samples Proposal Page Limits Proposal is limited to 15 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

Submittal Checklist/Cover Sheet Reference Check forms Cost Proposal COBID Certification Responsibility Inquiry Work samples 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.

A proposer shall submit one copy of its Proposal and all other submittal requirements, with Exhibit G – Submittal Checklist/Cover Sheet bearing the proposer’s authorized representative’s Signature, via email, or file sharing service (such as DropBox, OneDrive, etc.) to the Single Point of Contact, in an Adobe Acrobat (pdf) format. If the proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), the proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

A proposer shall label any information that the proposer wishes to protect from disclosure to third parties as a trade secret under ORS 192.501(2) with the following: "This material constitutes a trade secret under ORS 192.501(2) and is not to be disclosed except as required by law." Agency shall take reasonable measures to hold in confidence all such labeled information, but Agency and the State of Oregon are not liable for a release of any information if a law or an order of a court requires the release, whether pursuant to the Oregon public records law (ORS 192.410 to 192.505) or otherwise. Agency and the State of Oregon are also immune from liability for disclosing or releasing information under the circumstances set forth in ORS 646.473(3).

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

PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. The 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. Proposal should be straightforward and address the requests of the RFP. Proposal containing excess marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

Proposer Information and Certification Sheet A proposer shall complete and submit the Submittal Checklist/Cover Sheet (Exhibit G).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Submittal Checklist/Cover Sheet may result in a finding of non-Responsibility.

References Provide three (3) references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related work.

Agency may check to determine if references provided support the 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 the proposer’s qualifications.

The proposer shall send the Reference Check Form (Exhibit F) to its references. Reference forms must be completed by the reference, returned to the proposer and submitted with the Proposal.

Agency is requesting that 3 references be provided. References should complete the reference form and scoring sheet, which must be returned with all other submittal materials. Each reference may be awarded a maximum of 50 points, for a total reference score of 150 point possible. If the proposer does not provide 3 references, a score of zero will be awarded for that reference’s portion of the score.

Cost Proposal

· Fixed Price with Deliverable Payments Submit a detailed Cost Proposal via email or file sharing service, stating the cost for each deliverable, and the total cost for the entire project. Include a breakdown of all labor, profit, and expenses.

Key Persons and their Resumes Specify key persons to be assigned to this project and include a current resume (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience for the Work described.

Project Implementation Plan Briefly describe how the proposer would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

SOLICITATION PROCESS

PUBLIC NOTICE

The RFP and exhibits are published in the Oregon Buys Network at https://oregonbuys.gov RFP documents will not be mailed to proposers.

Modifications, if any, to this RFP will be made by written Addenda and published in Oregon Buys. The proposer is solely responsible for checking Oregon Buys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

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 the 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.

SOLICITATION PROTESTS

Protests to RFP A proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is the proposer’s only opportunity to protest the provisions of the RFP, except that the proposer may protest Addenda as provided below and the proposer may take exception to the terms and conditions of the Sample Contract/Price Agreement as set forth in the Negotiations Section.

Protests to Addenda A proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by 5 p.m. Pacific Time of the second Business Day or the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

All Protests must:

Be delivered to the SPC via email Reference the RFP number Identify the 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 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 Addenda must be received by the due date identified in the respective Addendum

PROPOSAL DELIVERY OPTIONS

The 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 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.

Delivery through Oregon Buys A Proposal may be submitted electronically through Oregon Buys. Supplier eBidding Instructions – User Guide can be found at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf Delivery through Mail or Parcel Carrier A Proposal may be submitted through the mail or via parcel carrier and must be clearly labeled and submitted in a sealed envelope, package, or box. The outside of the sealed submission must clearly identify the proposer’s name and the RFP number. It must be sent to the attention of the SPC at the address listed on the Cover Page. All proposals delivered through mail or parcel carrier must be received by the Agency prior to the submission deadline.

Delivery through email or file sharing service A Proposal must be submitted through email or file sharing service (DropBox, OneDrive, etc.) to the SPC by the stated submission deadline. If choosing to submit their proposal through a file sharing service, the proposer is solely responsible for the setup, installation, and operation of said file sharing service. The Agency will not provide guidance, help, or other assistance with regard to operating or using a file sharing service.

If choosing to submit their proposal through a file sharing service, the proposer may execute the submission by uploading all required documents to the file sharing service and providing the SPC a link to all required documents.

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 prior to closing. To be effective the notice must include the RFP number.

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.

PROPOSAL REJECTION

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

The proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that the proposer’s authorized representative sign the Proposal.

The proposer fails to meet the responsibility requirements of ORS 279B.110.

The 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.

The proposer attempts to influence a member of the Evaluation Committee.

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.

OPENING OF PROPOSALS

Agency shall open Proposals at the date and time specified in section 1.1. Agency will not read Proposals aloud (OAR 137-047-0450 (2)). Agency shall open Proposals at the following location:

775 Court St NE Salem, OR 97301

EVALUATION PROCESS

Responsiveness determination A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from the proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected.

Evaluation Overview Agency shall conduct an evaluation of the Proposals received in response to this RFP.

Agency shall evaluate and score all Proposals on the completeness, quality, and applicability of the content of the Proposals in accordance with the following criteria:

Evaluation of Minimum Requirements (Pass/Fail) The evaluation committee shall review all Proposals on a pass/fail basis to determine if each Proposal meets the minimum proposal requirements described in section 3.3 of this RFP. A proposer’s failure to comply with the instructions or to submit a complete Proposal may result in Agency deeming the Proposal not Responsive. Agency shall consider for further evaluation under section 4.9.2.2 only those Proposals Agency determines are responsive to the minimum proposal requirements.

Evaluation of Technical Proposal (Scored) The evaluation committee shall score all Proposals using the quantity and quality of information described in this section and section 4.10 of this RFP. The evaluation committee shall add together the points that each committee member assigns and divide the total points by the total number of evaluation committee members to compute an average score for the evaluation questions. Price Proposal information is not available to the evaluation committee during this evaluation of technical proposals.

The evaluation committee may request additional clarification from a proposer for any portion of a Proposal. If a Proposal is unclear, Agency may ask the proposer for clarification. A proposer may not submit new information or documentation, however, and a proposer may not use a clarification to rehabilitate a non-responsive Proposal. Proposers must be available during the evaluation period to respond to requests for additional clarification. Proposers shall submit written signed clarification(s) within twenty-four (24) hours, Monday through Friday, after receiving Agency’s request. A proposer’s failure to provide clarification may result in a lower score for the proposer’s Proposal. The evaluation committee will assign points to the committee’s evaluation of each Proposal as follows:

Points possible Point Basis

5 Written Proposal presentation – all items are easily located and clearly identified.

15 Proposer’s experience in revolving door replacement with security features.

50 Proposer’s response to the Scope of Work in section 2.3.

Evaluation, Scoring, and Ranking of Price Proposal Proposer shall provide a Price Proposal using the form attached to this RFP as Attachment D. The evaluation committee shall award the lowest Price Proposal price or rate the maximum number of price points available under this RFP.

In accordance with OAR 137-046-0310, when evaluating Proposals, Agency will add a percentage increase to the Price Proposal of a non-resident proposer that is equal to the percentage, if any, of the preference that would be given to that proposer in the state in which the proposer resides.

Reference Checks for the Proposer’s Company

Agency reserves the right to request references (in addition to those the proposer provides), to investigate any references whether or not furnished by the proposer and to investigate the past performance of any proposer. Agency may investigate the qualifications of a proposer, including but not limited to: successful performance of similar services; compliance with specifications and contractual obligations; the proposer’s completion or delivery of services on schedule; and the proposer’s lawful payment of suppliers, subcontractors and workers. Agency may postpone awarding or executing the Contract after the announcement of the apparent successful proposer in order to complete Agency’s investigation.

The Evaluation Committee may attempt to contact two sources for each reference given. The Evaluation Committee may make up to three attempts to contact each of the reference sources. Agency will make these attempts during normal business hours. If the three attempts are unsuccessful, the proposer will receive zero points for that reference source. Each evaluation may award a maximum of five points for each reference, for a total of 15 point for all references.

Agency shall ask each reference that Agency contacts questions related to the categories specified above.

PREFERENCES

Oregon Supplies and Services Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the cost for any proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the cost score. The proposer must clearly demonstrate in its submittal materials that goods and/or services are produced in Oregon. Agency will take no other action to certify that goods and/or services are produced in Oregon.

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

Recycled Materials In comparing Goods from two or more proposers, if at least one proposer offers Goods manufactured with Recycled Materials, and at least one proposer does not, Agency will select the proposer offering 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.

[ROUND 1] RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

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 cost 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.

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:

Interviews Presentations/Demonstrations/Additional Submittal Items Discussions and submittal of revised Proposals Serial or simultaneous negotiations Best and Final Offers 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 Oregon Buys 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 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.

Agency 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 Agency.

ADDITIONAL ROUNDS

Interviews/Presentations proposers progressing to Round 2 will be invited to participate in proposer interviews if requested. Interviews will be in person at a location determined by Agency. Further details will be included with Notice of Competitive Range.

Best and Final Offers proposers in the Competitive Range may submit Best and Final Offers. The written Best and Final Offer (“Revised Proposal”) must be submitted on or before the due date and time set forth in the notice of Competitive Range and must be delivered to the Single Point of Contact. LATE REVISED PROPOSALS WILL NOT BE ACCEPTED.

If proposer elects not to submit a Revised Proposal, proposer’s initial Proposal will be accepted as the Best and Final Offer and evaluated accordingly.

Best and Final Offer Requirements Best and Final Offers must be submitted in writing in the form of an amendment to the proposer’s initial Proposal. Best and Final Offers must comply with the following requirements and specifications:

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, they will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, proposers participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The proposer with the highest score from the final round will receive the highest final ranking.

SECTION 1: AWARD AND NEGOTIATION

1.1 AWARD NOTIFICATION PROCESS

1.1.1 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. Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. Agency may select the next ranked Responsive and Responsible proposer, issue an Intent to Award notice and begin a new award protest period. If agreement with that proposer is not reached, Agency may offer award to the next ranked proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any proposer.

1.1.2 Intent to Award Notice

Agency 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.

1.2 INTENT TO AWARD PROTEST

1.2.1 Protest Submission

An Affected Offeror shall have 7 calendar days from the date of the intent to award notice to file a Written protest.

A proposer is an Affected Offeror 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.

Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

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

If Agency receives only one Proposal, Agency may dispense with the evaluation process and intent to award protest period and proceed with Contract Negotiations and award.

1.2.1.1 Protests must:

Be delivered to the SPC via email Reference the RFP number Identify prospective proposer’s name and contact information Be signed by an authorized representative Specify the grounds for the protest Be received within 7 calendar days of the intent to award notice

1.2.2 Response to Protest

Agency 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 Agency.

1.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

1.3.1 Insurance

Prior to award, proposers shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit E.

1.3.2 Taxpayer Identification Number

The apparent successful proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of the proposer has changed since the last submitted W-9 form, if any.

1.3.3 Business Registry

If selected for award, the proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Information about these requirements may be found at http://sos.oregon.gov/business/pages/register.aspx.

1.3.4 Responsibility Inquiry

Prior to award, the apparent successful proposer shall be required to complete and submit Exhibit A — Responsibility Inquiry.

1.4 CONTRACT NEGOTIATION

1.4.1 Negotiation

After selection of a successful proposer, Agency 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 (Exhibit C). With the exception of those terms listed below for negotiation.

proposer shall review the attached Sample Contract and note exceptions. Unless proposer notes exceptions in its Proposal, the State intends to enter into a Contract with the successful proposer substantially in the form set forth in Sample Contract (Exhibit C). 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 Proposal.

Any subsequent negotiated changes are subject to prior approval of the Office of Legislative Counsel and/or the Oregon Department of Justice.

Agency may negotiate the Statement of Work and the following terms and conditions:

· Method of payments

· Indemnification

· Termination

· Invoicing methods and requirements

· Prices in response to potential future cost fluctuations

· Units of measurement for goods or services or number of units of goods to be supplied

· Insurance provisions

· Project phasing or scheduling

Agency reserves the right to determine the basis for compensation (e.g., fixed price, costs reimbursement, etc.).

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking proposer.

SECTION 2: ADDITIONAL INFORMATION

2.1 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 veteran-owned business or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information please 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 COBID Certification (Exhibit F) prior to execution.

2.2 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.

2.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, the 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 an Agreement, if awarded to the proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). Proposals, including supporting materials, will not be returned to the proposer unless the Proposal is submitted late.

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

Pursuant to ORS 279B.100, Agency 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 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 RFP, award, or rejection of any Proposal.

2.5 COST OF SUBMITTING A PROPOSAL

The proposer shall pay all the costs in submitting 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, or costs associated with protests.

2.6 STATEWIDE E-WASTE/RECOVERY POLICY

If applicable, the proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Policy effective July 1, 2012.

2.7 RECYCLABLE PRODUCTS

The 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)

EXHIBIT A

RESPONSIBILITY INQUIRY

Legislative Administration will determine responsibility of a firm prior to award and execution of a contract. In addition to this form, Agency may obtain any information Agency deems necessary to make the determination. Agency will notify the firm of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements and cash flow information; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; insurability, credit information; material; equipment; facility and personnel information; record of performance under previous contracts; etc. Agency may postpone the award of the Contract in order to complete its investigation and evaluation. Failure to promptly provide requested information and clearly demonstrate Responsibility may result in offer rejection and ineligibility of contract award.

1. Does your firm have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of the firm to meet all contractual responsibilities? YES |_| / NO |_|.

2. Number of years in business providing the services/goods/equipment required under the prospective contract:

3.

b) Does your firm have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES |_| / NO |_| If "YES” on question 3.a or “NO” on question 3.b, please provide additional details:

Response:

4. Within the last 3-year period, has your firm had one or more contracts terminated for default by any federal, state or local government agency, or any lawsuits filed against it by creditors or involving contract disputes? YES |_| / NO |_|. If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

5. Is your firm, a major partner or major shareholder (defined as a partner or shareholder owning 10% or more of your firm), a major subcontractor (defined as receiving 10% or more of the total Contract amount), or any principal officer of your firm, major partner, major shareholder, or major subcontractor presently, or within the last 3 years has been convicted of, indicted for, or otherwise criminally or civilly charged by a governmental entity with the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of bids or Proposals; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES |_| / NO|_|. If "YES," indicate the jurisdiction, date of indictment, charge or judgment and names and summary of charges.

Response:

6. Within the last 3-year period, has your firm filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES |_| / NO|_|. If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

7. Within the last 3-year period, has your firm been notified of any delinquent Federal or State taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. YES |_| /NO|_|. If "YES," please explain.

Response:

8. Does your firm have all required licenses, insurance and/or registrations, if any, and is the firm legally authorized to do business in the State of Oregon. YES |_| /NO|_|. If "NO," please explain.

Response:

9. Within the last 3-year period, has your firm completed previous contracts of a similar nature with a satisfactory record of performance? [For purposes of this question, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within your firm′s control, your firm stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner.] YES |_| /NO|_|. If "NO," please explain.

Response:

RESPOND TO ITEMS 10 & 11 IF THE PROSPECTIVE CONTRACT INCLUDES SALE OF EQUIPMENT TO AGENCY. (If this information was provided in the Bid or Proposal submitted for this solicitation, then it is not necessary to repeat it here. Just indicate “see Bid” or “see Proposal” in the response fields.):

10. Number of factory-authorized service representatives in the State available to provide warranty services under the Contract to be awarded:

11. Locations of representatives indicated in item 10 above, including contact names, company names, physical addresses, phone numbers, fax numbers and hours of service:

(Create additional rows or use additional sheets if necessary)

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Bidder/proposer certifies that the responses provided on this form are complete, accurate, and not misleading.

Authorized Signature Date

Print Name Title

EXHIBIT B

STATE OF OREGON

CONTRACT _______ FOR THE

PURCHASE OF PERSONAL SERVICES

(“Contract”)

This Contract is between the State of Oregon (“State”) acting by and through the Office of the Legislative Administrator under ORS 173.720 (6) (“OLA”), and ___________., (“Contractor”). In this Contract, “Party” or “the Parties” means one or more of the entities described in this paragraph and does not include any third party.

OLA issued a Request for Proposals (RFP) that closed on ___________ and enters into this Contract under authority granted in ORS.173.720 (2).

This Contract is effective on the date that all Parties have signed the Contract and obtained all required State of Oregon approvals. This Contract expires on the later of the date Contractor has completed all Services in accordance with the requirements of this Contract or on _____________. The Parties may mutually agree to renew this Contract additional terms that each do not exceed two years.

SCOPE OF SERVICES

Contractor shall perform all Services as set forth in the Statement of Work, which includes the delivery schedule for such Services, and that is attached hereto as Exhibit A. Contractor shall perform the Services in accordance with the terms and conditions of this Contract.

AGREEMENT

OLA and Contractor agree to give effect to the scope of services above by mutually establishing the terms and conditions below and agree that the promises of performance exchanged in this Contract constitute adequate consideration for this Contract.

DEFINITIONS

As used in this Contract:

“…