RFP_S-10700-00008866_Forklift Maintenance Services~2.pdf

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES,

PROCUREMENT SERVICES ON BEHALF OF OREGON DEPARTMENT

OF ADMINISTRATIVE SERVICES, ENTERPRISE ASSET MANAGEMENT

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00008866 for

FORKLIFT MAINTENANCE SERVICES

Date of Issue: 04/08/2024

Opening Date and Time: 05/08/2024 4:00 PM PT

Single Point of Contact (SPC): Nathan C. Ramos, OPBC Procurement and Contract Specialist

Address: 1225 Ferry St. SE

City, State, Zip Salem, OR 97301

Phone (971) 707-0016

E-mail: Nathan.Ramos@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

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

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 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

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 POINT AND SCORE CALCULATIONS

4.13 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 FOR SERVICES NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT FOR SERVICES

EXHIBIT A STATEMENT OF WORK

EXHIBIT B INSURANCE REQUIREMENTS

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H SAMPLE FORKLIFT MAINTENANCE SCHEDULE CHECK LIST

ATTACHMENT I TECHNICAL PROPOSAL

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of its Department of Administrative Services, Enterprise Asset Management (“DAS EAM” or “Agency”), is issuing this Request for Proposal for Forklift Maintenance Services

DAS EAM currently operates a fleet of nine (9) forklifts of various models, six (6) of which are electrically powered and three (3) are powered by diesel engines, as described in Section 2.4 below the forklifts are used in a wide range of tasks including moving surplus property and equipment inside and outside of DAS EAM facilities. Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

DAS PS anticipates the award of one (1) Contract for Services from this RFP.

The initial term of the Contract for Services is anticipated to be five (5) years with options to renew.

Any purchases under the Contract for Services must be authorized by work order contracts or purchase orders issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample Contract for Services. Proposers are advised that there is no guarantee of any specific amount of purchases under the Contract for Services.

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 04/17/2024 4:00 PM

Answers to Questions / Requests for Clarification Issued (approx.)

04/22/2024 4:00 PM

RFP Protest Period Ends 04/15/2024 4:00 PM

Opening (Proposal Due) 05/08/2024 4:00 PM

Issuance of Notice of Intent to Award (approx.) 05/15/2024

Award Protest Period Ends 05/22/2024 4:00 PM

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- 0170(3).

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.

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

https://www.oregon.gov/das/ORBuys/Documents/RolesAndTermCrosswalk.pdf.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

DAS EAM is responsible for all phases of life-cycle management for a variety of state assets including facilities, real estate, vehicles, and property slated for disposal. Providing these value-added services frees EAM’s agency customers to focus on their unique missions.

DAS EAM encompasses the Oregon State and Federal Surplus Property program. This program is responsible for storage and proper disposal of used state and federal property.

Forklifts are used at the surplus property warehouse to move heavy objects and perform other tasks daily.

The forklifts used by DAS EAM are required to be available when needed and in proper working order. Safe operation of the forklifts is a top priority.

2.3.2 Purpose

The purpose of this RFP is to obtain services from a qualified forklift maintenance service provider that can provide necessary preventative maintenance needs on a scheduled basis, have the capability to respond to urgent requests for repairs and maintenance needs, and have the ability to maintain maintenance and repair records for each individual DAS EAM forklift.

2.4 SCOPE OF WORK

DAS PS is seeking Proposals for preventative maintenance and services for its nine (9) https://www.oregon.gov/das/ORBuys/Documents/RolesAndTermCrosswalk.pdf operational forklifts. The current forklifts range from 6,000 Lb. capacity electric lifts to 30,000 Lb. capacify diesel engine forklifts. The current forklift inventory includes:

• Four (4) Hyster 60 Electric forklifts o Model # E60XN-33 forklifts

• Two (2) Toyota 60 Electric forklifts o Model # 7FBCU30 forklifts

• One (1) Hyster 120 diesel forklift o Model # H120FT

• One (1) Hyster 200 diesel forklift o Model # H200HS

• One (1) Clark 350 diesel forklift o Model # C500Y3500

All work will be performed at the surplus property warehouse located at 1655 Salem Industrial Drive NE in Salem, OR 97303. Reasonable accommodations can be made in the warehouse for in climate weather maintenance and repairs.

Successful Proposer will be responsible for keeping complete records of preventative maintenance and all repairs performed for each individual forklift.

Successful Proposer will be responsible for contacting a representative at the surplus warehouse and scheduling all preventative maintenance.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 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)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• Certified Disadvantaged Business Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Technical Proposal (Attachment I)

3.1.2 Proposal Format and Quantity

OregonBuys Electronic Response. Proposer shall submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined at:

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

20Solicitation%20Response.pdf.

Proposer shall submit one copy of its Proposal and all other submittal requirements. Attachment C - Proposer Information and Certification Sheet must bear the Proposer’s authorized representative’s signature. 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.

3.1.3 Authorized Representative

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

3.2 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.

3.2.1 Attachment D – Reference Check From (SCORE)

Provide three (3) references from current or former client firms for similar projects performed for any clients within the last two (2) years. 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. DAS PS may contact any reference (submitted or not) to verify Proposer’s qualifications.

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

3.2.2 Attachment E – Price Proposal Form (SCORED)

Proposer must complete and return Attachment E – Price Proposal Form with its Proposal. Directions for completing the Price Proposal Form and what must be included can be found on the instructions tab of the attachment.

Details on how Price Proposal Form will be scored can be found in Section 4.10.2 Price Evaluation.

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

3.2.3 Attachment F- Certified Disadvantaged Business Outreach Plan (NOT

SCORED)

Proposer shall complete and return Attachment F – Certified Disadvantaged Business Outreach Plan with its Proposal.

3.2.4 Attachment G – Responsibility Inquiry (NOT SCORED)

Proposer shall complete and return Attachment F – Responsibility Inquiry with its Proposal.

Attachment must be signed by Proposer’s authorized representative.

3.2.5 Attachment I – Technical Proposal (SCORED)

Proposer shall submit with its Proposal a Technical Proposal as outlined in Attachment I.

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC 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 or email;

• Reference the OregonBuys bid number S-10700-00008866 ;

• 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

https://oregonbuys.gov/

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 Sample Contract for Services. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

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 S-10700-00008866;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

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

Registration in OregonBuys

Proposer must be registered in OregonBuys in order to submit a Proposal and be considered for award. Registration is FREE, and details on the registration process can be found at:

https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf.

DAS PS nor Agency is responsible for transmission errors of Proposals or Proposal documents.

It is the responsibility of the Proposer to ensure that documents are delivered on or before the Opening date and time listen in Section 1.2 Schedule.

Delivery Through OregonBuys

Proposal submission will be done electronically through OregonBuys. at:

https://oregonbuys.gov/bso/.

https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf https://oregonbuys.gov/bso/

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

Proposer may contact the OregonBuys help desk for assistance with its Proposal submission if necessary via email at: Support.OregonBuys@DAS.Oregon.gov.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in through OregonBuys. 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 destroyed.

4.8 PUBLIC OPENING

There will not be a public opening held for this RFP. DAS PS will post a list of proposals received on OregonBuys within two business days of the Opening date.

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 department or agency of the State.

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

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

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

• Proposal is conditioned on DAS PS’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

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:Support.OregonBuys@DAS.Oregon.gov

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed by DAS PS 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.

4.10.1.2 Responsibility Determination

DAS PS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract for Services. Proposers shall submit a signed Attachment G - Responsibility Inquiry form with Proposal.

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

4.10.2 PRICE EVALUATION

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal as follows:

• Proposer with the lowest Price Proposal will receive 20 points.

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

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

• All other Proposers will receive 0 points.

4.10.3 REFERENCE EVALUATION

A Proposer who returns three (3) completed Attachment D – Reference Check Forms that have a extremely satisfied reference rating score of 7-10 on all reference forms will receive a score of 20 points.

A Proposer who returns three (3) completed Attachment D – Reference Check Forms that have a Moderately satisfied rating score of 5-8 on two or more reference forms will receive 10 points.

A Proposer who returns all three (3) completed Attachment D – Reference Check Forms with a Not satisfied score of 0-4 on one or more reference forms will receive 5 points.

A Proposer that does not return all three (3) Attachment D – Reference Check Forms will receive 0 points.

4.10.4 TECHNICAL PROPOSAL

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. 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 the Technical Proposal (Attachment I).

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.

Proposer will be evaluated and scored based on the Proposer’s description of preventative maintenance and repair services. Evaluators will consider years of experience, expertise and records maintenance process.

The Technical Proposal will be evaluated and scored based on the following table:

4.10.5 PREFERENCES

4.10.5.1 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.

4.10.5.2 Recycled Materials

To the extent applicable, 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.

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

https://www.naspo.org/reciprocity1

4.10.5.3 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

Price points are calculated as stated in the Price Evaluation section.

4.12 POINT AND SCORE CALCULATIONS

Evaluators will provide one score for the Technical Evaluation (Attachment I). The SPC will average the scores from each evaluation committee member for each Proposer’s technical evaluation. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc.

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

4.13 RANKING OF PROPOSERS

The SPC will rank the Proposers based on lowest to highest Price Proposal as indicated in Section 4.10.2 Price Evaluation.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

DAS 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.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

TOTAL POINTS POSSIBLE : 70

POINTS POSSIBLE

3.3.1 Reference Check Form 20

3.3.2 Price Proposal Form 20

3.3.5 Technical Proposal 30

DAS PS, if it awards a Contract for Services, will award a Contract for Services 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 Contract for Services 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 seven (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 for Services 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 Contract for Services Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number S-10700-00008866;

• 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 seven (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 who is selected for a Contract for Services 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 B of Attachment A Sample Contract for Services.

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 Contract for Services. 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 Contract for Services 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 Contract for Services.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract for Services 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 FOR SERVICES NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, DAS PS may enter into Contract for Services 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 http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

Attachment A - Sample Contract for Services with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract for Services 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 Contract for Services, 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 Contract for Services with the successful Proposer substantially in the form set forth in Attachment A - Sample Contract for Services.

Following the selection of the apparent successful Proposer, DAS PS may agree to negotiate changes to the negotiable provisions of the Sample Contract for Services 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

In the event that the parties have not reached mutually agreeable terms within twenty (20) calendar days of the date of 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 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

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

6.3 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 6.3 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.

6.4 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 Contract for Services, 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.

6.5 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 DAS PS, 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 Contract/Contract for Services award, or the rejection of any Proposal.

6.6 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.

6.7 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.

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

6.8 RECYCLABLE PRODUCTS

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