RFP S-10700-00001355 v8~2.doc

RFP S-10700-00001355 - Office Supplies (NASPO ValuePoint)

Cover Page The State of Oregon (“State”), acting by and through its Department of Administrative Services, Enterprise Goods and Services, Procurement Services (“DAS PS”) for members of the NASPO ValuePoint Cooperative Purchasing Program (“NASPO ValuePoint”) and other Purchasing Entities, issues this Request for Proposals (RFP) under OregonBuys Bid Number S-10700-00001355 for Office Supplies Date of Issue: May 4, 2022 Opening Date and Time: June 24, 2022; 4:00 PM Single Point of Contact (SPC)/Lead State: Keri Ashford Address: 1225 Ferry Street SE City, State, Zip: Salem, OR 97301 Phone: (503) 378-4680 E-mail: 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

4SECTION 1:

NASPO VALUEPOINT SOLICITATION – GENERAL INFORMATION

41.1

PURPOSE

51.2

LEAD STATE, SOLICITATION NUMBER AND SINGLE POINT OF CONTACT (SPC)

51.3

SCHEDULE OF EVENTS

5SECTION 2:

AUTHORITY, OVERVIEW, and SCOPE

52.1

AUTHORITY AND METHOD

62.2

DEFINITION OF TERMS

72.3

NASPO VALUEPOINT BACKGROUND INFORMATION

72.4

PARTICIPATING STATES

72.5

ANTICIPATED USAGE

8SECTION 3:

PROCUREMENT REQUIREMENTS

83.1

MINIMUM SUBMISSION REQUIREMENTS

93.2

PROPOSAL REQUIREMENTS

10SECTION 4:

SOLICITATION PROCESS

104.1

PUBLIC NOTICE

104.2

PRE-PROPOSAL CONFERENCE

104.3

QUESTIONS/REQUESTS FOR CLARIFICATIONS

114.4

SOLICITATION PROTESTS

114.5

PROPOSAL DELIVERY OPTIONS

124.6

PROPOSAL MODIFICATION OR WITHDRAWAL

124.7

PROPOSAL DUE

134.8

PUBLIC OPENING

134.9

PROPOSAL REJECTION

134.10

CANCELLATION OF PROCUREMENT

154.11

POINT AND SCORE CALCULATIONS

164.12

RANKING OF PROPOSERS

16SECTION 5:

AWARD AND NEGOTIATION

165.1

AWARD NOTIFICATION PROCESS

175.2

INTENT TO AWARD PROTEST

185.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

185.4 Multiple Award

205.5

MASTER AGREEMENT NEGOTIATION

20SECTION 6:

ADDITIONAL INFORMATION

206.1

GOVERNING LAWS AND REGULATIONS

216.2

OWNERSHIP/PERMISSION TO USE MATERIALS

216.3

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

216.4

COST OF SUBMITTING A PROPOSAL

216.5

STATEWIDE E-WASTE/RECOVERY PROCEDURE

216.6

RECYCLABLE PRODUCTS

216.7

FIRM OFFERS

226.8

RIGHT TO ACCEPT ALL OR PORTION OF PROPOSAL

22SECTION 7:

NASPO VALUEPOINT ADMINISTRATIVE FEE AND REPORTING REQUIREMENTS

List of Attachments Attachment A – Sample NASPO ValuePoint Master Agreement

Exhibit 1 –NASPO ValuePoint Master Agreement Terms and Conditions

Exhibit 2 – Sample Participating Addendum

Exhibit 3 – Description of Goods and Discount Rates

Exhibit 4 – Provisions Required by Federal Law

Exhibit 5 – NASPO ValuePoint Detailed Sales Report Form

Attachment B - Disclosure Exemption Affidavit Attachment C - Proposer Information and Certification Sheet

Attachment D – Business Proposal Response

Attachment E – Mandatory Requirements and Desirable Criteria

Attachment F - Reference Check Form

Attachment G - Price Proposal Form Attachment H - Certified Disadvantaged Business Outreach Plan Attachment I - Responsibility Inquiry Attachment J – Oregon Sample Participating Addendum Attachment K – Arizona State Terms and Conditions

Attachment L – Hawaii State Terms and Conditions

Attachment M - New Jersey State Terms and Conditions

Attachment N - Utah State Terms and Conditions Attachment O – Montana State Terms and Conditions

SECTION 1: NASPO VALUEPOINT SOLICITATION – GENERAL INFORMATION

1.1 PURPOSE

The State of Oregon, (“Lead State”) acting by and through its Department of Administrative Services, Enterprise Goods and Services, Procurement Services (“DAS PS”), is requesting Proposals for office supplies.

The purpose of the RFP is to establish one or more cooperative Master Agreements with qualified Proposers to provide office supplies for members of the NASPO ValuePoint Cooperative Purchasing Program pursuant to Participating Addenda entered into by Participating Entities.

DAS PS hopes to obtain best value and achieve more favorable pricing than is obtainable by individual state or local government entities through this cooperative procurement due to the collective volume of potential purchases by numerous state and local government entities. The Master Agreement(s) resulting from this RFP may be used by members and other participants of the NASPO ValuePoint Cooperative Purchasing Program, including state governments (all departments, agencies, institutions), institutions of higher education and political subdivisions (i.e., colleges, school districts, counties, cities, etc.), the District of Columbia, territories of the United States, and other eligible entities subject to approval of the individual state procurement director and compliance with local statutory and regulatory provisions.

The initial term of the Master Agreement(s) will be approximately 2 years with options to renew up to a cumulative maximum of 5 years per the provisions outlined in Section 3 of the Sample NASPO ValuePoint Master Agreement (Attachment A).

DAS PS anticipates awards to multiple Proposers. While the primary purpose of this RFP is to select one or more Proposer(s) that can offer office supplies on a nationwide basis for all members participating in the NASPO ValuePoint Cooperative Purchasing Program, Proposers may submit a Proposal on more limited geographical areas or regions, but not less area than one entire state.

The RFP is designed to provide interested Proposers with sufficient information to submit Proposals meeting minimum requirements but is not intended to limit a Proposal’s content or exclude any relevant or essential data. Proposers are encouraged to expand upon the specifications to add service and value consistent with requirements as detailed herein.

1.1.1 Individual State(s) Only

While the primary purpose of this solicitation is to select a Proposer(s) that can offer the Goods for all members participating in the NASPO ValuePoint Cooperative Purchasing Program, Proposers are permitted to submit a Proposal on more limited geographical areas, but not less than one entire state. If proposing a geographical area less than that of all states, the Proposer must clearly describe the geographical limits (e.g., by state name). If proposing a geographical area smaller than nationwide, the Proposer must be willing to supply the entire state and will not be allowed to add additional states following award or at any time during the term of the Master Agreement or any renewals.

DAS PS and the Evaluation Committee, with other assistance as deemed advisable by the relevant Participating State (or relevant group of Participating States), may evaluate and select a Proposer for award in more limited geographical areas (e.g., single state) where judged to be in the best interest of the state or states involved.

1.2 LEAD STATE, SOLICITATION NUMBER AND SINGLE POINT OF CONTACT (SPC)

The State of Oregon, acting by and through the Department of Administrative Services, Enterprise Goods and Services, Procurement Services (“DAS PS”) is acting as the Lead State and issuing office for this RFP, including all subsequent amendments relating to it and resulting Master Agreement(s). The RFP number on the Cover Page must be referred to on all Proposals, correspondence and documentation relating to the RFP.

The individual identified on the Cover Page is the Single Point of Contact (SPC) during the procurement process. Proposers and interested parties 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.

1.3 SCHEDULE OF EVENTS

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

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, ORS 279A.220, and OAR 125-246-0170(3)(I).

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 below. Additional definitions are defined in the Sample NASPO ValuePoint Master Agreement (Attachment A).

“Amendment” means an addition to, deletion from, a material change in, or clarification of the RFP.

“Contractor” means a party to a Master Agreement resulting from this RFP, whether a person or entity, that delivers Goods under the terms set forth in the Master Agreement.

“Goods” means supplies, equipment or materials supplied by the Contractor pursuant to a Master Agreement.

“Lead State” means the State conducting this cooperative procurement, evaluation, and award. For this RFP, the State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DAS PS”) is the Lead State.

“Master Agreement” means the underlying agreement executed by and between DAS PS acting on behalf of the member states of NASPO ValuePoint and a contractor.

“Opening” means the date and time set for Proposal submission.

“Participating Addendum” means a bilateral agreement executed by a contractor and a Participating Entity incorporating a Master Agreement and any additional Participating Entity specific language or other requirements, e.g., ordering procedures specific to the Participating Entity, other terms and conditions. The form Participating Addendum is attached hereto as Exhibit 2 of the Sample NASPO ValuePoint Master Agreement (Attachment A).

“Participating Entity” means a state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states properly authorized to enter into a Participating Addendum, that has executed a Participating Addendum.

“Participating State” means a state, the District of Columbia, or one of the territories of the United States that is listed in the RFP as intending to participate. Upon execution of a Participating Addendum, a Participating State becomes a Participating Entity.

“Proposal” means the official written response submitted by a Proposer in response to this RFP.

“Proposer” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or other legal or commercial entity that has submitted a Proposal in response to this RFP.

“Purchasing Entity” means a state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase.

“Request for Proposals” or “RFP” means the entire solicitation document, including all parts, sections, exhibits, attachments and Amendments.

“Responsible” means a Proposer who meets the standards of responsibility described in ORS 279B.110.

“Responsive” means a Proposal that substantially complies with the RFP.

“State” means the State of Oregon.

“Successful Proposer” means the person, organization or governmental entity to which a notice of intent to award is made.

2.3 NASPO VALUEPOINT BACKGROUND INFORMATION

NASPO ValuePoint is a division of the National Association of State Procurement Officials ("NASPO"), a 501(c)(3) limited liability company dedicated to strengthening the procurement community through education, research, and communication. NASPO is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia and the territories of the United States. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. For more information please see: www.naspovaluepoint.org and www.naspo.org.

2.4 PARTICIPATING STATES

In addition to the Lead State conducting this RFP, the following states have requested to be named in this RFP as potential users of the resulting Master Agreement(s): Alaska, Arizona, Hawaii, Idaho, Maine, Missouri, Montana, Nevada, New Jersey, Oregon, South Dakota, Utah, Vermont, West Virginia, and Wyoming. A Participating State listed in the RFP is not required to later participate in the Master Agreement or execute a Participating Addendum.

The State of Oregon intends to enter into a Participating Addendum under one or more of the resulting Master Agreements in a form substantially similar to the terms and conditions of the Oregon Sample Participating Addendum attached hereto as Attachment J and subject to the requirements and selection criteria set forth therein. In order to be awarded a Participating Addendum in Oregon, Proposers will have to comply with the requirements set forth in the Oregon Sample Participating Addendum (Attachment J).

Other entities may become Participating Entities after award of the Master Agreement(s). Some states may have included special or unique terms and conditions for their state, that are being provided as a courtesy to Proposers to indicate which additional terms and conditions may be incorporated in each state’s Participating Addendum after award of the Master Agreement. DAS PS will not address questions or concerns or negotiate other states’ terms and conditions. The Participating States shall negotiate these terms and conditions directly with the supplier. State-specific terms and conditions are in in Attachments J-O.

2.5 HISTORICAL USAGE

Combined spend for all Participating States was constructed using vendor-reported data for Calendar Year 2020. Total NASPO ValuePoint office supplies spend collected across Participating States for that period is approximately $68 million.

Neither the State of Oregon nor NASPO ValuePoint members make any promise to purchase any amounts under any Master Agreement(s) awarded as a result of this RFP and neither makes any guarantee of any level of spend by any Participating State.

SECTION 3: PROCUREMENT REQUIREMENTS

The RFP is designed to provide interested Proposers with sufficient information to submit Proposals meeting minimum requirements but is not intended to limit a Proposal’s content or exclude any relevant or essential data. Proposers are encouraged to expand upon the specifications to add service and value consistent with state requirements.

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Submissions

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

· Disclosure Exemption Affidavit (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Business Proposal Response (Attachment D)

· Mandatory Requirements and Desirable Criteria Response (Attachment E)

· Reference Check Form (Attachment F)

· Price Proposal Form (Attachment G)

· Responsibility Inquiry (Attachment I)

3.1.2 Proposal Format and Quantity

The 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.

However, there is no intent in these instructions to limit a Proposal’s content or exclude any relevant or essential data.

The Proposal is to be prepared such that it provides a straightforward, concise delineation of capabilities to satisfy the requirements of the RFP. Extensive color displays, promotional materials, etc. are not necessary or desired. Emphasis shall be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

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

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

3.1.3 Authorized Representative

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

3.2 PROPOSAL REQUIREMENTS

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

3.2.1 Disclosure Exemption Affidavit (Attachment B) (Not Scored) All Proposals are public record and subject to inspection after DAS PS issues the Notice of Intent to Award. If Proposer believes any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Affidavit of Trade Secret (Attachment B) along with a fully redacted version of its Proposal.

Proposer is cautioned that price information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Proposal, in whole as exempt from disclosure, is not acceptable. DAS PS advises Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

3.2.2 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.

3.2.3 Subcontractors (Not Scored)

If Proposer intends to work with subcontractor(s), Proposer shall include a statement detailing any subcontracting firms or individual subcontractors that may be engaged as part of the Proposal to this RFP, with those entities and the Services they will provide clearly identified.

If Proposer does not intend to work with subcontractor(s), Proposer shall include a statement in its Proposal attesting to such.

3.2.4 Business Proposal Response (Attachment D) (Scored)

Proposer shall complete and submit the Business Proposal Response (Attachment D).

3.2.5 Mandatory Requirements and Desirable Criteria Response (Attachment E) (Scored) Proposer shall complete and submit the Mandatory Requirements and Desirable Criteria Response (Attachment E).

3.2.6 Reference Check Form (Attachment F) (Scored)

Proposer shall provide 3 references from current or former client firms for similar projects performed for any clients within the last 3 years. At least one reference from a public sector client is preferred. References must be able to verify the quality of previous, related Work.

DAS PS may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. DAS PS may use references to obtain additional information, or verify any information needed.

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

3.2.7 Catalog

Proposer must submit a link to its on-line catalog. To be eligible for award, Proposer must offer a minimum of 10,000 items with products available in each of the categories identified on the Price Proposal Form. Proposals that do not offer products for all categories will not be considered.

3.2.8 Price Proposal (Attachment G) (Scored)

Proposer shall complete and return the Price Proposal Form (Attachment G).

Instructions for completing the form are contained in the attachment. Proposer shall complete all tabs within Attachment G.

It is intended that there will be a minimum order amount of $25.00. Orders under that amount will be subject to an additional fee of $5.99. Proposers should factor this into their submission.

In addition to review of the completed Attachment G, the price evaluation will include a blind market basket (the “Basket”) with one or more individual items from a majority of the categories listed in Attachment G. Commonly procured items for the Basket will be selected by the Evaluation Committee in advance of Opening but may be subject to change as set forth in Section 4. The individual items in the Basket will not be disclosed to the Proposers.

Price and Rate Guarantee Period

The prices, rates and costs proposed in Proposer’s response will be valid for the initial term of any resulting Master Agreement. Any request for price or rate adjustment following the initial Master Agreement term must be submitted in accordance with Section 5 of the Sample NASPO ValuePoint Master Agreement (Attachment A).

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 solicitation.

4.3 QUESTIONS/REQUESTS FOR CLARIFICATIONS

All questions, including those about the Master Agreement, must be submitted by the date and time noted in Section 1.3 (Schedule of Events). Official answers to all written questions shall be posted on the State of Oregon’s electronic procurement system, OregonBuys.

Questions must:

· Be submitted through OregonBuys;

· 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.

The identity of potential Proposers will not be published with the questions and answers, but Proposers are cautioned about including context in questions that may reveal the source of questions.

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 Master Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendments as provided below.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

· Be emailed to the SPC;

· Reference the OregonBuys bid number;

· Identify prospective Proposer’s name and contact information;

· Be sent by an authorized representative;

· State the reason for the protest, including:

· the grounds that demonstrate how the Procurement Process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and

· evidence or documentation that supports the grounds on which the protest is based; and

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

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

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

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by DAS PS in accordance with the RFP requirements before Opening. DAS PS is not responsible for transmission errors. Proposals submitted by any means not authorized will be rejected.

Delivery through OregonBuys

Proposal must be submitted electronically through OregonBuys at: https://OregonBuys.gov Detailed instructions on how to submit a Proposal can be found at: https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf Proposer shall submit its Proposal and all other submittal requirements, excluding the Price Proposal, 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).

Price information must be submitted as a separate electronic file.

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version in addition to a full version, clearly identified as the non-redacted version.

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 members of the Evaluation Committee or with State representatives, such as State employees or officials, other than the SPC or persons authorized by the SPC or makes 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).

4.9.1 RIGHT TO WAIVE MINOR IRREGULARITIES

Proposals received prior to Opening will be reviewed for responsiveness to all RFP requirements including compliance with the Minimum Submission Requirements and Proposal Requirements sections. If a Proposal is unclear, DAS PS may require clarification from the Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If DAS PS finds the Proposal non-Responsive, the Proposal may be rejected; however, DAS PS may waive mistakes in accordance with OAR 125-247-0470.

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

4.9.2 Responsiveness and Responsibility Determination

4.9.2.1 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 Submission Requirements) and Section 3.2 (Proposal 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 Proposal non-Responsive, the Proposal may be rejected; however, DAS PS may waive mistakes in accordance with OAR 125-247-0470.

4.9.2.2 Responsibility Determination

DAS PS will determine if an apparent Successful Proposer is Responsible prior to award and execution of a Master Agreement. Proposers shall submit a signed Responsibility Inquiry form (Attachment I) with Proposal.

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

4.9.3 Next Steps

Upon completion of the Responsiveness and Responsibility Review, Proposals will be evaluated. An Evaluation Committee will score the Proposals.

DAS PS will separate the Proposals into the following groups:

Group 1: Proposals on a nationwide basis

Group 2: Proposals on geographical basis

Group 3: Proposals on a state basis

The Proposals will be evaluated by the appropriate group.

4.9.4 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of Evaluation Committee(s) for Groups 1, 2 and 3. Evaluation Committee members may change and DAS PS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in Section 4.11 (Point and Score Calculations) up to the maximum points available as specified in Section 4.11 (Point and Score Calculations).

The SPC may request further clarification to assist the Evaluation Committee(s) 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.

4.9.5 PRICE EVALUATION

The SPC will conduct the price evaluation.

The price evaluation will be comprised of two components:

· Attachment G (Price Proposal Form)

· Market Basket

Attachment G: The Total Evaluated Price is automatically calculated based upon Proposer’s entries. The SPC apply the formula set forth below using the final Total Evaluated Price (All Categories) to determine the Proposer’s score for the Attachment G component.

Market Basket: During the evaluation process, the SPC and the Evaluation Committee may revise the list of items in the Basket. The Evaluation Committee may substitute items in the Basket in order to facilitate an “apples to apples” comparison, as well as to eliminate items in the Basket, if equivalent items cannot be identified and evaluated across all Responsive Proposals.

In order to score the Basket, the Evaluation Committee intends to follow the process below:

· The Evaluation Committee will use the link Proposer provides to its catalog to find current pricing for individual Basket items;

· The pricing for each Basket item will be pulled from the Proposer’s catalog link during the evaluation period set forth in Section 1.3 (Schedule of Events);

· Proposer’s “Proposed Percentage Discount from List Vendor Catalog” for the category the Basket item falls into will be applied to the price pulled from Proposer’s catalog link during the evaluation period;

· If the Evaluation Committee cannot find all of the named items in each of the Responsive Proposals, the Evaluation Committee will decide whether to substitute the item or eliminate the item from scoring;

· The SCP will total the costs of each item in the Basket for Proposer and apply the formula below to award points for the Basket.

For each component, the SPC will award a price score 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 POINT AND SCORE CALCULATIONS

Points are awarded by each evaluator. The points awarded by each evaluator for a total section will be added together, then divided by the total evaluators for that section to result in the total points awarded for a section.

Evaluator 1 Points Awarded + Evaluator 2 Points Awarded / 2 = Total Points Points are the total possible for each section as listed in the table below.

(Broken Out Below)

(Broken out below)

4.11 RANKING OF PROPOSERS

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

After completion of the evaluation, the SPC will determine the rank of each Proposal for each group (nationwide, geographical or state), with the highest score in each group receiving the highest rank for that group, and successive rank order determined by the next highest score for that group.

SECTION 5: award and negotiation

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS PS, if it awards a Master Agreement, will award a Master 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 Master 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 Master 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 Master 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 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

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

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

5.3.1 Insurance

To be eligible for award, Proposer agrees to acquire insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state at the prescribed levels set forth in Section 13 of the NASPO ValuePoint Master Agreement.

Additionally, Participating Entities may request additional insurance or other coverages within their specific Participating Addendum.

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 Master 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 Master 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 Master Agreement.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Master 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 Multiple Award

5.4.1 Multiple Award Selection Methodology

To the extent the applicable state law requires the Participating Entity to further define the process by which Purchasing Entity decides from which Contractor to acquire Goods, the Participating Entity shall define that process in its Participating Addendum.

5.4.2 State of Oregon Participating Addendum – Multiple Award Selection Methodology

In the event of a multiple award of Master Agreements under this RFP, after applying all applicable preferences, the State of Oregon may elect not to enter into a Participating Addendum with each of the awardees. In the event the State of Oregon elects not to enter into a Participating Addendum with each of the awardees, the State of Oregon may enter into a Participating Addendum with the three highest ranked Proposers who provide Goods on a national level, and in addition the State of Oregon may enter into a Participating Addendum with the three highest ranked Proposers who provide Goods in the State of Oregon only.

5.4.3 State of Oregon Participating Addendum – Purchasing Entity Selection Process for State Agencies

In the event the State of Oregon elects to enter into a Participating Addendum with more than one of the awardees of Master Agreements, a Purchasing Entity, that is a state agency, using the State of Oregon’s Participating Addenda will use one the following three processes to make its selection of a provider among the holders of State of Oregon Participating Addenda:

1) Highest Ranked Proposer in RFP that holds an Oregon Participating Addendum: Purchasing Entity may issue purchase orders or contracts for Goods to the awardee who received the highest total points in response to the RFP and was awarded a Participating Addendum in Oregon;

or

2) Highest Ranked Proposer in Market Basket Comparison: Purchasing Entity, on an annual basis (beginning upon the Effective Date of the Participating Addendum and then on each anniversary date thereafter) may make a selection to be effective for the entire contract year period, as follows:

(a) Purchasing Entity creates its own market basket comprised of up to 100 most-used products;

(b) Purchasing Entity defines the criteria most important to it in the selection of a provider, such as: price, functionality, accounting/invoicing issues, use, availability, past performance;

(c) Purchasing Entity obtains prices for the market basket items from each of the providers;

(d) Purchasing Entity evaluates and scores the market basket from each provider;

(e) Purchasing Entity applies all applicable preferences; and

(f) Purchasing Entity acquires the products from the highest-ranking provider from its market basket scoring.

or

3) Cost Comparison: Purchasing Entity may conduct a product-specific comparison based upon price.

Purchasing Entity must document its selection process in its procurement file.

5.5 MASTER AGREEMENT NEGOTIATION

5.5.1 Negotiation

After selection of a Successful Proposer, DAS PS may enter into Master 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 the Sample NASPO ValuePoint Master Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Master Agreement and note exceptions.

Proposer must submit those exceptions to DAS PS during the Questions / Requests for Clarification period set forth in Section 1.3. If DAS PS agrees to make any requested changes to the Sample Master 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 Master Agreement with the Successful Proposer(s) substantially in the form set forth in Sample NASPO ValuePoint Master Agreement (Attachment A).

Following the selection of the apparent Successful Proposer(s), DAS PS may agree to negotiate changes to the negotiable provisions of the Sample Master 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 all items, except those listed below:

· Choice of law

· Choice of venue

· Constitutional requirements

· Requirements of applicable federal and State law

· NASPO ValuePoint Fee In the event that the parties have not reached mutually agreeable terms within 60 calendar days from the Notice of Intent to Award, DAS PS may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 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.

The provisions governing choice of law and venue for issues arising after award and during contract performance are specified in Section 14.2 of Exhibit 1 of the Sample NASPO ValuePoint Master Agreement (Attachment A).

6.2 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 Master 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.

6.3 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, DAS PS, or members of the NASPO ValuePoint Cooperative Purchasing Program as determined by DAS PS. The State is not liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Master Agreement award, or the rejection of any Proposal.

6.4 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.

6.5 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.

6.6 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Work described in this RFP and the subsequent Master Agreement (ORS 279B.025).

6.7 FIRM OFFERS

Responses to this RFP, including proposed costs, will be considered firm for one hundred eighty (180) days after the Proposal due date.

6.8 RIGHT TO ACCEPT ALL OR PORTION OF PROPOSAL

Unless otherwise specified in the RFP, DAS PS may accept any item or combination of items specified in the RFP or of any Proposal unless the Proposer expressly restricts an item or combination of items in its Proposal and conditions its response on receiving all items for which it provided a Proposal. In the event that the Proposer so restricts its Proposal, DAS PS may consider the Proposer’s restriction and evaluate whether the award on such basis will result in the best value to DAS PS and the members of the NASPO ValuePoint Cooperative Purchasing Program. DAS PS may otherwise determine at its sole discretion that such restriction is non-responsive and renders the Proposer ineligible for further evaluation.

SECTION 7: NASPO ValuePoint Administrative Fee and Reporting Requirements To be eligible for award, the Proposer agrees to pay a NASPO ValuePoint administrative fee as specified in Section 5.2.1 of Exhibit 1 of the Sample NASPO ValuePoint Master Agreement (Attachment A).