RFP S-10700-00001042 v3~1.doc

S-10700-00001042 – Cut Sheet White Copier Paper for Color Copier, Cut Sheet Colored Copier Paper, Cut Sheet White Copier Paper and Roll Stock Paper

State of Oregon

Cover Page Department of Administrative Services, Enterprise Goods and Services, Procurement Services on behalf of

Department of Administrative Services, Enterprise Goods and Services, Publishing and Distribution is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00001042 for

Cut Sheet white copier paper for color copier, cut sheet colored copier paper, cut sheet white copier paper and roll stock paper Date of Issue: April 28, 2022 Opening Date and Time: , May 31, 2022, 4:00 PM Pacific Time Single Point of Contact (SPC):

Keri Ashford, State Procurement Analyst Address:

1225 Ferry Street SE

City, State, Zip Salem, OR 97301

Phone (voice)

(971) 349-2399 Email:

keri.a.ashford@das.oregon.gov 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

5SECTION 1:

GENERAL INFORMATION

51.1

INTRODUCTION

51.2

SCHEDULE

61.3

SINGLE POINT OF CONTACT (SPC)

6SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

62.1

AUTHORITY AND METHOD

62.2

DEFINITION OF TERMS

72.3

OVERVIEW AND PURPOSE

72.4

SCOPE OF WORK/SPECIFICATIONS

7SECTION 3:

PROCUREMENT REQUIREMENTS

73.1

MINIMUM QUALIFICATIONS

83.2

MINIMUM SUBMISSION REQUIREMENTS

93.3

PROPOSAL REQUIREMENTS

10SECTION 4:

SOLICITATION PROCESS

104.1

PUBLIC NOTICE

104.2

PRE-PROPOSAL CONFERENCE

104.3

QUESTIONS/REQUESTS FOR CLARIFICATIONS

104.4

SOLICITATION PROTESTS

114.5

PROPOSAL DELIVERY OPTIONS

114.6

PROPOSAL MODIFICATION OR WITHDRAWAL

124.7

PROPOSAL DUE

124.8

PUBLIC OPENING

124.9

PROPOSAL REJECTION

124.10

EVALUATION PROCESS

144.11

RANKING OF PROPOSERS

144.12

NEXT STEP DETERMINATION

15SECTION 5:

AWARD AND NEGOTIATION

155.1

AWARD NOTIFICATION PROCESS

155.2

INTENT TO AWARD PROTEST

165.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

175.4

PRICE AGREEMENT NEGOTIATION

18SECTION 6:

ADDITIONAL INFORMATION

186.1

CERTIFIED FIRM PARTICIPATION

186.2

GOVERNING LAWS AND REGULATIONS

186.3

OWNERSHIP/PERMISSION TO USE MATERIALS

196.4

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

196.5

COST OF SUBMITTING A PROPOSAL

196.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

196.7

RECYCLABLE PRODUCTS

List of Attachments Attachment A – Sample Price Agreement

Attachment B – Disclosure Exemption Affidavit

Attachment C – Proposer Information and Certification Sheet

Attachment D - Price Proposal Form

Attachment E – Certified Disadvantaged Business Outreach Plan

Attachment F - Responsibility Inquiry

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Enterprise Goods and Services, Procurement Services (“DAS PS”), on behalf of the Department of Administrative Services, Enterprise Goods and Services, Publishing and Distribution (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for cut sheet white copier paper for color copier, cut sheet colored copier paper, cut sheet white copier paper and roll stock paper.

Proposer may offer one or more of the following options:

· Option 1: Cut Sheet White Paper for Color Copier

· Option 2: Cut Sheet Colored Copier Paper

· Option 3: Cut Sheet White Copier Paper

· Option 4: Roll Stock Paper Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

The initial term of the Price Agreement(s) is anticipated to be 2 years with options to renew .

DAS PS anticipates the award of multiple Price Agreements from this RFP.

Any purchases under the Price Agreement must be authorized by purchase orders issued by Agency in accordance with the selection process set forth in Section 5.4.2 of this RFP and the ordering procedures described in Attachment A (Sample Price Agreement). Proposers are advised that there is no guarantee of any specific amount of purchases under a Price Agreement. Notwithstanding the award of a Price Agreement, the Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

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.

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.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS PS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-0140.

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Agency provides printing, mailing and distribution services to state agencies, counties and cities. Through its specialized knowledge, public and private partnerships, and statewide perspective, the Agency tailors innovative solutions for each customer’s needs and budget.

2.3.2 Project Overview and Background

The Agency needs paper in varying sizes and weights to use with its equipment to facilitate day-to-day operations. See Attachment D (Price Proposal) for a description of the paper being sought and annual anticipated usage. Currently, the United States and other countries are experiencing a supply shortage of paper as well as volatile freight/logistic challenges. This Agency understands this and as the paper and logistic industry recovers, it is expected that the initial prices reflected in resulting Price Agreements will change.

This RFP may result in one or more price agreements for cut sheet colored paper and cut sheet white paper and roll stock. Proposers may propose on one or more of the following options:

Option 1: Cut Sheet White Paper for Color Copier Option 2: Cut Sheet Colored Copier Paper Option 3: Cut Sheet White Copier Paper Option 4: Roll Stock Paper The cutsheet paper will be used on the following high speed equipment:

· Ricoh PRO 8320-MICR

· Ricoh PRO 8320

· Ricoh PRO C9200

· Ricoh PRO C5310S The roll stock paper will be used on:

· Pro VC60000 with PIGMENT INKS

2.4 SCOPE OF WORK/SPECIFICATIONS

The Scope of this RFP includes all paper listed in Attachment D (Price Proposal) and any additional cut sheet white paper for color copiers, cut sheet colored copier paper, cut sheet white copier paper or roll stock paper to meet the future needs of Agency.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposer’s offering must meet all requirements of this section:

· Elemental Chlorine-Free: All paper offered shall be, at a minimum, elemental chlorine-free processed. All paper offered that contains virgin fiber must have been processed without any chlorine or chlorine-based chemicals. All paper offered that contains recycled fibers must not have been re-bleached with chlorine-containing compounds.

· Post-Consumer Recovered Fiber Materials: All recycled paper offered shall contain the minimum post-consumer recovered fiber material content. The minimum post-consumer recovered fiber material content is: 30%.

· Mill Certification: Proposer shall also provide mill certification with the Proposal that clearly demonstrates: (i) that all paper offered is lignin-free; (ii) the type(s) of bleaching utilized in the manufacturing process; and (iii) the post-consumer recovered fiber material content. Failure to comply may result in Proposal rejection.

· Recycled –vs- Virgin: Some paper stocks listed in Exhibit A may not be offered in recycled paper. For paper that is not available as recycled, it is acceptable to bid virgin stock. Trial cartons may be requested.

· All paper shall be such as to ensure satisfactory continuous operation over various makes and kinds of high-speed digital color printers.

· Packaging Requirements: Contractor shall package the cut sheet paper as follows: All paper to be ream / package wrapped in paper wrapping only, and shipped in two-piece cartons that are reusable, returnable or recyclable. Contractor shall ship full manufacturer case and pallet quantities when orders for even case and pallet quantities are placed. In the event Agency orders less than full case quantities, Contractor shall fill shipping containers with minimum packaging materials necessary to ensure safe, damage-free shipment. Contractor shall not use any decorative packaging, including decorative packaging used for display or retail sales, and shall eliminate to the maximum extent possible the use of blister packs. Roll stock paper: Rolls should be shipped with core plugs and wrapped in a protective moisture barrier. At the time of this solicitation, rolls need to be upright, two (2) to a pallet.

· Labeling requirements: Contractor shall clearly label all cartons with the following information: Vendor Paper Type, Paper Color, Paper Size, Paper Weight, and Quantity packaged in carton.

· Packing slip: A copy of the packing slip, identifying all contents and agency purchase order number, shall accompany all shipments.

· Curing: All paper must be cured.

· Processing: All paper must meet requirements for processing on high-speed digital color printers.

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 Proposal Requirements section below):

· Disclosure Exemption Affidavit (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Price Proposal Form (Attachment D)

· Responsibility Inquiry (Attachment G)

3.2.2 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 at: OregonBuys Vendor Formal Solicitation Response.pdf for electronic submission.

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 Attachment B (Disclosure Exemption Affidavit). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

3.2.3 Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely 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.

3.3.1 Disclosure Exemption Affidavit (Attachment B) (Not Scored)

Proposer shall complete and submit Attachment B (Disclosure Exemption Affidavit), and either:

· Designate on Exhibit A of Attachment B any Proposal items Proposer identifies are exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), or

· Designate on Exhibit A of Attachment B by entering “None” that Proposer does not identify any Proposal items as exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478)

3.3.2 Proposer Information and Certification Sheet (Attachment C) (Not Scored) Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

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

3.3.3 Responsibility Inquiry (Attachment F) (Not Scored)

Proposer shall submit a signed Attachment F (Responsibility Inquiry form) with Proposal.

DAS PS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract.

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

3.3.4 Price Proposal (Attachment D) (Scored)

Proposer shall complete and return Attachment D (Price Proposal). Proposer shall submit a separate Attachment D (Price Proposal) for each option that Proposer is offering.

Instructions for completing Attachment D for Option 1, Option 2 and Option 3:

Insert Proposer’s Name in Cell B1.

Column C provides the annual projected sheet usage. This projected usage is neither a guarantee nor warranty of purchase volume, but an estimate based on historical data and provided only for the purpose of enabling comparisons between Proposals. Actual orders placed will vary.

Proposer shall complete Column D, providing its annual projected cost based on the annual projected sheet usage.

Proposer shall complete Column E, providing the price per ream or package.

Proposer shall complete Column F, providing notes for how the paper is packaged (i.e., 500 ream/package; 1200 sheets per case; 250 sheets per package).

Proposer shall complete Column G, providing the typical delivery time from when an order is placed.

Instructions for completing Attachment D for Option 4:

Insert Proposer’s Name in Cell B1.

Column C provides the annual projected foot usage. This projected usage is neither a guarantee nor warranty of purchase volume, but an estimate based on historical data and provided only for the purpose of enabling comparisons between Proposals. Actual orders placed will vary.

Proposer shall complete Column D indicating the number of rolls the usage equals.

Proposer shall complete Column E, providing its annual projected cost based on the annual projected sheet usage.

Proposer shall complete Column F, providing the price per roll.

Proposer shall complete Column G indicating the cost per roll for upright packaging. (this is not part of shipping)

Proposer shall complete Column H, providing notes for how the paper is packaged (i.e., 2 rolls per pallet).

Proposer shall complete Column I, providing the typical delivery time from when an order is placed.

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.

4.2 PRE-PROPOSAL CONFERENCE

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

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;

· 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 Price Agreement. 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 Price Agreement 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;

· 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.

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. DAS PS 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: https://oregonbuys.gov.

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf.

4.6 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 its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

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. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION

DAS PS 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 agency, board, commission, department or division 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 PS’ 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

Responsiveness Determination

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with the Minimum Submission Requirements section. 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 Proposal non-Responsive, the Proposal may be rejected, however, DAS PS may waive mistakes in accordance with OAR 125-247-0470.

Responsibility Determination

DAS PS will determine if an apparent successful Proposer is Responsible prior to Award and execution of the Price Agreement. Proposer shall submit a signed Attachment F (Responsibility Inquiry form) with its Proposal.

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

4.10.2 PRICE EVALUATION

Proposer must complete and submit its Price Proposal using the form attached hereto as Attachment D. Proposals with multiple Price Proposal forms will be divided and scored as separate Proposals.

For example:

Proposer A submits a Price Proposal for Option 1 (Cut Sheet White Paper for Color Copier); a Price Proposal for Option 2 (Cut Sheet Colored Copier Paper); and a Price Proposal for Option 3 (Cut Sheet White Copier Paper).

Proposer B submits a Price Proposal for Option 1 (Cut Sheet White Paper for Color Copier) and Option 4 (Roll Stock Paper).

Proposer C submits a Price Proposal for Option 2 (Cut Sheet Colored Copier Paper) and a Price Proposal for Option 3 (Cut Sheet White Copier Paper) and Option 4 (Roll Stock Paper).

For evaluation purposes:

Proposer A’s Price Proposal for Option 1 will be compared to Proposer B’s Price Proposal for Option 1; Proposer A’s Price Proposal for Option 2 will be compared to Proposer C’s Price Proposal for Option 2; Proposer A’s Price Proposal for Option 3 will be compared to Proposer C’s Price Proposal for Option 3 and Proposer B’s Price Proposal for Option 4 will be compared to Proposer C’s Price Proposal for Option 4.

The SPC will conduct the price evaluation. For each Option, 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

4.10.3 PREFERENCES

Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, DAS PS 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 PS 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, provided the Goods meet the requirements of the RFP.

Tiebreakers

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

4.11 RANKING OF PROPOSERS

Ranking of Proposals will be done for each category (Option 1, Option 2, Option 3, Option 4). After any applicable preference has been applied, the SPC will determine the rank of each Proposal in each Option, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

DAS PS may, in DAS PS’ sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS PS 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.

4.12 NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS PS 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

4.12.1 Competitive Range Determination

If DAS PS, 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 PS’ sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. DAS PS will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.12.2 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 PS 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 PS.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS PS, if it awards a Price Agreement, will award a Price Agreement to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. DAS PS may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

DAS PS will notify all Proposers in Writing that DAS PS intends to award a Price Agreement 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 Price Agreement 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.

· DAS PS has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

· DAS PS abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

· DAS PS’ evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If DAS PS receives only one Proposal, DAS PS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

· Be delivered to the SPC via email;

· Reference the OregonBuys bid number ;

· Identify Proposer’s name and contact information;

· Be sent 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

DAS PS 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 PS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Price Agreement 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 DAS PS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C 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 DAS PS 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 Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Price Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to DAS PS 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 Price Agreement.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement 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 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of successful Proposer(s), DAS PS may enter into Price Agreement negotiations with the successful Proposer(s). By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of Attachment A (Sample Price Agreement) with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Price Agreement and note exceptions. Proposer must submit those exceptions to DAS PS during the Questions / Requests for Clarification period set forth in Section 1.2.

If DAS PS agrees to make any requested changes to the Sample Price Agreement, DAS PS will issue an Amendment to notify Proposers of such changes. Unless DAS PS issues an Amendment modifying any of the terms and conditions, DAS PS intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Attachment A (Sample Price Agreement).

Following the selection of the apparent successful Proposer, DAS PS may agree to negotiate changes to the negotiable provisions of the Sample Price Agreement listed below. However, DAS PS 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 PS is willing to negotiate only the provisions listed below:

· Term

· Description of Goods

· Delivery and Acceptance of Goods

· Price

· Indemnity

· Limitation of Liability

· Insurance

In the event that the parties have not reached mutually agreeable terms within 14 calendar days or such other date as determined by DAS PS, DAS PS may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

5.4.2 Contractor Selection Methodology

In the event multiple Price Agreements are awarded, Agency will use the following methodology to determine from which Contractor to purchase:

DAS PS will rank all Proposers and maintain a list of the Price Agreement suppliers based upon the ranking of the Proposals. From time to time, Agency may issue purchase orders for the Goods. If Agency does issue a purchase order for the Goods, Agency will issue purchase orders for the Goods to the highest-ranked supplier. If at any time the highest-ranked supplier is unable to satisfy the request, the Agency will issue a purchase order to the second highest-ranked supplier. If the second highest-ranked supplier is unable to satisfy the request, the Agency will continue to the next highest-ranked supplier until its request is satisfied.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS PS 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 PS 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 Price Agreement has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Attachment E (Certified Disadvantaged Business Outreach Plan) 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 DAS PS 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 DAS PS. 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 Price Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by DAS PS.

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

Pursuant to ORS 279B.100, DAS PS 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 PS. 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 Price Agreement 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 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.

6.7 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 Price Agreement. (ORS 279B.025).

DAS Procurement Services, Version 4.4 July 1, 2021