RFP S-10000-00000959.pdf

RFP #S-10000-00000959 (Agency #5302) Unarmed Guard Services

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STATE OF OREGON

COVER PAGE

Oregon Department of Human Services (ODHS)

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10000-00000959 (Internal Agency #5302) for

UNARMED SECURITY GUARD SERVICES

FOR THE ODHS OFFICES LOCATED AT

1431 AIRPORT LANE, NORTH BEND, OR 97459

2675 COLORADO AVE., NORTH BEND, OR 97459

Date of Issue: June 3, 2022

Opening Date and Time: July 6, 2022

Single Point of Contact (SPC): Kristan Langley

Address: 635 Capitol Street NE City, State, Zip: Salem, OR 97301 Phone: 503-945-6156 E-mail: kristan.e.langley@dhsoha.state.or.us

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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 CHECKLIST DISCLAIMER

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Human Services, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Unarmed Security Guard Services at the Oregon Department of Human Services offices located in North Bend, Oregon.

Additional details on the Scope of the Services are included in Section 2.4 “Scope of Work/Specifications.”

Estimated start date is September 1, 2022.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be five years with options to renew up to a cumulative maximum of ten years. Agency makes no guarantee of adding additional terms.

1.2 SCHEDULE

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

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Questions / Requests for Clarification Due June 10, 2022 3:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) June 17, 2022

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) July 27, 2022

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

1.3 SINGLE POINT OF CONTACT (SPC)

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

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP under the authority of the Department of Administrative Services (DAS) delegation 649-11 (as amended), Non-Client Services.

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

2.2 DEFINITION OF TERMS

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of Human Services (Agency) is Oregon’s principal agency for helping Oregonians achieve well-being and independence through opportunities that protect, empower, respect choice and preserve dignity, especially for those who are least able to help themselves.

The Agency provides direct Services to more than 1 million Oregonians each year.

Services provide a key safety net for those in our society who are most vulnerable or at a difficult place in their life.

Mission, vision, values and objectives

Our mission: To help Oregonians in their own communities achieve well-being and independence through opportunities that protect, empower, respect choice and preserve dignity.

Our vision: Safety, health and independence for all Oregonians.

What we value: Agency aspires to have a workforce that aligns its actions with these core values:

• Integrity

• Innovation

• Respect

• Service equity

• Responsibility

• Stewardship

• Professionalism

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Agency goals

• People are safe and living as independently as possible.

• People can support themselves and their families through stable living wage employment.

• Children and youth are safe, well and connected to their families, communities and cultural identities.

• Choices made by seniors and people with disabilities about their own lives are honored.

• Partners, clients and stakeholders are actively engaged in a variety of collaborative and meaningful ways.

• Culturally specific and responsive services are provided by highly qualified and diverse staff.

• The department is committed to equal access, service excellence and equity for all Oregonians.

2.3.2 Purpose

Agency staff work with members of the community on a variety of issues including eligibility for receiving services, investigations, and referrals to other community services. The purpose of this solicitation is to assist in providing a safe and secure environment for Agency staff and visitors receiving services.

2.4 SCOPE OF WORK/SPECIFICATIONS

See Exhibit A, Part 1, “Statement of Work” in Attachment A, “Sample Contract.”

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM REQUIREMENTS

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

3.1.1 Each of the Security Guards on Proposer’s Staff who will perform the Work described in Attachment A “Sample Contract,” Exhibit A, Part 1 “Statement of Work” meet all of the following qualifications and requirements:

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a. Each Security Guard has at least 12 hours basic unarmed mandated training as outlined in Oregon Revised Statutes (ORS) 181A.870 - 181A.995 (Proposer shall provide proof of certification for each Guard who will provide Service under resulting Contract;

b. Each Security Guard has no record of criminal convictions and passes a Criminal History Check at the Oregon State Police level Proposer shall provide a copy of background checks for each Guard who will provide Service under resulting Contract.;

c. Each Security Guard has no involvement in – and no immediate family members involved in - any open cases in any Agency Child Welfare or Adult Protective Services;

d. Each Security Guard meets all of certification and licensure requirements for unarmed private security professionals contained below.: Proposer shall provide supporting documentation outlining each of the following.

(1) ORS 181A.870 - 181A.995

https://www.oregonlegislature.gov/bills_laws/ors/ors181A.html; and

(2) Oregon Administrative Rule (OAR) 259, Division 60 https://secure.sos.state.or.us/oard/displayDivisionRules.action?selected Division=834, and in particular:

(a) OAR 259-060-0015 “Private Security Provider Duties, Exemptions and Prohibited Acts”; and

(b) OAR 259-060-0020 “Minimum Standards for Certification or Licensure.”

3.1.2 Criminal Justice Information Services (CJIS) Requirements:

Security Guards shall have CJIS clearance as described in Subsection 3.3.8 below. If not, proposer must provide a written plan that clearly outlines Proposers ability to complete CJIS clearance prior to execution of resulting contract.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Section 3.3 “Proposal Requirements”):

• Proposer Information and Certification Sheet (Attachment C)

• Technical Proposal

• Disclosure Exemption Affidavit (Attachment B)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F) https://www.oregonlegislature.gov/bills_laws/ors/ors181A.html https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=834 https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=834

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• Responsibility Inquiry (Attachment G)

• Key Persons and Resumes

• Department of Public Safety Standards and Training (DPSST) Certification Certificates, see 3.3.5

3.2.2 Proposal Page Limits

Proposal is limited to 25 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

• Price Proposal

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.2.3 Proposal Format and Quantity

Proposal must follow the format and reference the sections listed in Section 3.3 “Proposal Requirements.” Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer must submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in Section 4.5.1 “Delivery through OregonBuys for electronic submission.

3.2.4 Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

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

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested.

Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

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3.3.1 Proposer Information and Certification Sheet (not scored)

Proposer shall complete and submit the Proposer Information and Certification form (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.2 Responsibility Inquiry (not scored)

Proposer shall complete and submit the Responsibility Inquiry form (Attachment G).

Failure to complete, sign, and return the Responsibility Inquiry form may result in a finding of non-Responsibility.

3.3.3 References (not scored)

Provide three 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. Proposers may not use Agency staff as a reference.

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

3.3.4 Price Proposal (scored see Section 4.10.3 “Price Evaluation”)

Proposer shall submit a Fixed Price for hourly rates charged for the regular hourly rate, relief guard supervisor rate, and the overtime rate as specified in Attachment E “Price Proposal.”

Proposer shall submit Attachment E in a sealed envelope addressed to the SPC named on page one of this RFP. Proposer shall include the sealed envelope in the Proposal packet.

3.3.5 Key Persons and their Resumes (scored)

a. Specify Key Personnel who will be assigned to this project and include a current resume and copy of any applicable certifications that demonstrate compliance with Section 3.1. “Minimum Qualifications” for each individual. Each resume must delineate the individual’s qualifications and experience. For Key Personnel positions not filled prior to Proposal submission, a detailed position description must be submitted with an explanation of how the position will be filled upon Contract award.

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b. Proposal must include copies of valid Oregon Department of Public Safety Standards and Training (DPSST) Certification certificates for each individual that will perform the Services required under the resulting contract.

3.3.6 Project Implementation Plan (scored)

a. Describe whether or not Proposer can meet the start date outlined in Section 1.1 "Introduction.”

b. Briefly describe how 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.

c. Describe how Proposer will maintain ongoing, frequent, open communications with appointed Agency staff regarding performance of Services, updates, Proposers staff changes, as needed.

3.3.7 Experience (scored)

a. Describe Security Guard responses to escalated individuals on and around contracted sites.

b. Describe security responses to individuals sleeping or loitering at contracted sites.

c. Describe Proposer’s experience providing unarmed security Services. Include how Security Guards would respond to life-threatening situations.

d. Describe equipment and resources that Security Guards will utilize during the performance of Services.

e. Describe all de-escalation training and techniques that will be utilized while providing Services and whether or not Proposer’s staff will attend additional training to maintain certificates.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

https://oregonbuys.gov/

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4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP however, there is a Question and Answer period. Questions are to be submitted via OregonBuys.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission, 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.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective 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 prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email, fax, 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:

DAS Procurement Services, Version 4.4 July 1, 2021 Page 11 of 20 o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based; and

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

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

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

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. 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. The following delivery options are permitted for this RFP:

4.5.1 Delivery through OregonBuys

Proposal submission may be submitted electronically through OregonBuys at:

https://oregonbuys.gov/bso/ Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.5.2 Delivery through Mail or Parcel Carrier

Proposals 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.

4.5.3 Proposals, Submitted via email or fax WILL NOT BE ACCEPTED.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6.1 If a Proposer wishes to make modifications to a submitted Proposal it must submit its modification in one of the authorized methods listed in Section 4.5 “Proposal Delivery Options” above. To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

4.6.2 If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, fax (with coversheet), hard copy prior to closing in accordance with OAR 125- 247-0440. To be effective the notice must include the RFP number.

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

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4.7 PROPOSAL DUE

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

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

4.8 PUBLIC OPENING

A public Opening will not be held but the name of the Proposers will be made available in OregonBuys within approximately 24 hours of the closing. Proposals received will not be available until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630 and then only through a written public records request specifying which documents are being requested.

4.9 PROPOSAL REJECTION

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

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

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

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

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

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

• Proposal is conditioned on 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 Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the

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Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.10.1.2 Responsibility Determination

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

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition.

Evaluators will assign a score for each evaluation criterion listed below in this Section

4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

4.10.2.1 Evaluation Item 1 - Key Persons and their Resumes (3.3.5) – Possible Points 50

• How well has the Proposer demonstrated that its Key Persons possess the knowledge, understanding and experience of service delivery to perform the required Work?

• Did Proposer identify Key Personnel to be assigned to the project and include resume(s) that demonstrate qualifications and experience necessary for performing the Work to include DPSST certificates? If so, does the Proposal response clearly demonstrate satisfactory qualifications and experience?

4.10.2.2 Evaluation Item 2 – Project Implantation Plan (3.3.6) – Possible Points

• Has Proposer clearly demonstrated whether or not Proposer can meet the start date outlined in Section 1.1 "Introduction.”? If not, did Proposer provide an alternate date when Proposer could start Services and if so, is that alternate date acceptable to the Agency?

• How well did the Proposer describe Proposers ability to carry out the major activities of this project in context with the Scope of Work. Did Proposer provide a comprehensive management plan that the Proposer intends to follow.

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• How well did Proposer describe how Proposer will maintain ongoing, frequent, open communications with appointed Agency staff regarding performance of services, updates, Proposers staff changes, as needed.

4.10.2.3 Evaluation Item 3 - Experience (3.3.7) – Possible Points 100

• How well does the Proposer describe security guard responses to escalated individuals on and around contracted site?

• How well does the Proposer describe security responses to individuals sleeping or loitering at contracted sites?

• How well does the Proposer describe Proposer’s experience providing Unarmed Security Services? Include how Security Guards would respond to life-threatening situations?

• How well does the Proposer describe equipment and resources that Security Guards will utilize during the performance of Services?

• How well does the Proposer describe all de-escalation training and techniques that will be utilized while providing Services and whether or not Proposer’s staff will attend additional training to maintain certificates?

4.10.3 PRICE EVALUATION

PCS will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

4.10.4 PREFERENCES

4.10.4.1 Oregon Supplies and Services

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

4.10.4.2 Reciprocal Preference

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

https://www.naspo.org/reciprocity1

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4.10.4.3 Recycled Materials

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

4.10.4.4 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

TOTAL EVALUATION POINTS POSSIBLE 250

TOTAL POINTS POSSIBLE 270

4.10.2.1 Evaluation Item 1 Key Persons and their Resumes 50

4.10.2.2 Evaluation Item 2 Project Implantation 100

4.10.2.3 Evaluation Item 3 Experience 100

TOTAL PRICE POINTS POSSIBLE 20

4.12 RANKING OF PROPOSERS

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

Agency 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.

4.13. NEXT STEP DETERMINATION

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

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• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 Competitive Range Determination

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

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, 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.

Agency may award less than the full Scope of Work described in this RFP.

5.1.2 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.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are non-Responsive.

• 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.

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• 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.

5.2.1.1 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.

5.2.2 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.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C “Insurance Requirements” of Attachment A.

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

http://sos.oregon.gov/business/pages/register.aspx

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5.3.4 Reserved

5.3.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.6 Nondiscrimination in Employment

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

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, 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 (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 Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency 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, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below.

However, Agency 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.

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

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

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

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

6.2 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 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

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All Proposals submitted in response to this RFP become the Property of Agency. 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 Agency.

6.4 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 any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract award, or the rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

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

6.6 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

3.3 PROPOSAL REQUIREMENTS