RFP S-10700-00009063 Evaluation Surplus Property.pdf

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STATE OF OREGON

COVER PAGE

Department of Administrative Services, Procurement Services on behalf of the State Surplus Property Program

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00009063 for

COST-BENEFIT EVALUATION OF

STATE SURPLUS PROPERTY PROGRAM

Date of Issue: January 4, 2024

Opening Date and Time: February 2, 2024, at 3:00 PM (Pacific Time)

Single Point of Contact (SPC): Laure Konseibo, Procurement Specialist

Address: 1225 Ferry Street SE City, State, Zip: Salem, OR 97302 Phone: 503-349-2359 E-mail: Laure.Konseibo@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.

mailto:Laure.Konseibo@das.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

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

A pre-proposal conference will not be held for this RFP

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PROPOSAL REJECTION

4.9 EVALUATION PROCESS

4.10 POINT AND SCORE CALCULATIONS

4.11 RANKING OF PROPOSERS

4.12 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 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

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon (“State”), acting by and through the Department of Administrative Services (“DAS”), Procurement Services (“DAS PS”) on behalf of the State and Federal Surplus Property Program (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for a Proposer to conduct a cost-benefit evaluation of the Surplus Property Program (“Services”).

The cost-benefit evaluation is to assist DAS in making a determination whether the operation of the State Surplus Property Program (“Program”) should be contracted out to a service provider or should continue to function in its current state. as is, as a government-operated program.

Additional details on the Scope of the goods or services or both are included in Section 2.3, Scope of Work.

DAS PS anticipates the award of one Contract from this RFP. DAS PS may amend the Contract one or more times consistent with applicable 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.

Event Date Time

Questions / Requests for Clarification Due January 12, 2024 11:00 AM

Answers to Questions / Requests for Clarification Issued (approx.) January 16, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal February 2, 2024 3:00 PM

Issuance of Notice of Intent to Award (approx.) February 22, 2024

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

1.3 SINGLE POINT OF CONTACT (SPC)

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

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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DAS PS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

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 system may be found at:

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

“Surplus Property” means personal property, vehicles and titled equipment that is no longer in use by the federal government, state agencies, local governments, or special government bodies.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Program is established pursuant to ORS 279A.250 through ORS 279A.290, and is an Oregon state government program managed by DAS. Administrative rules governing the Program are set forth in OAR Chapter 125, Divisions 035 (Federal Surplus Property) and 050 (State Surplus Property). The Program locates, acquires, and distributes state and federal surplus property to state and local government agencies and qualified nonprofit organizations.

The Program promotes the efficient use of existing resources. The Program:

• ensures the fair and equitable redistribution of surplus property;

• provides low-cost items for agencies to meet their procurement needs;

• sells agency surplus in an effort to be a good steward of public funds; and

• ensures transparency in the disposal of surplus property.

The property, turned over to or acquired by the Program, is first made available for sale or transfer to all eligible entities within the state. If not acquired by an eligible entity, the surplus property is then made available through a public sales method, including internet auctions or the program’s retail center.

In addition to meeting its procurement needs through acquisition of surplus property, a state agency must also dispose of all surplus property though the Surplus Property program.

2.3.2 Project Overview and Background

Earlier this year, the state of Oregon, Department of Administrative Services (DAS) engaged a consultant to analyze and make recommendations regarding all of DAS operations. This firm has https://www.oregon.gov/das/ORBuys/Documents/RolesAndTermCrosswalk.pdf

DAS Procurement Services Page 5 of 21 recommended that the DAS Surplus Property program, being a DAS program, conduct a cost-benefit analysis to determine whether DAS (as well as the taxpayers of the state of Oregon) would be better served by keeping the current business model of government operation of the Program, or if it would be better served if the Program were operated by an entity of the private sector under contract with the State.

2.3.3 Purpose

The Program seeks a Proposer to perform a cost-benefit evaluation to determine whether operation of the Program should be contracted out to a vendor, and if so, what aspects of the Program should be contracted out in what manner.

Ultimately, the goal of this exercise is to assist DAS to determine if Services provided by the Program should be performed by a service provider or continue to function in its current state.

It is not immediately clear as to whether or not the program could be operated as a private entity, but if it can be, the Agency seeks to identify the advantages and disadvantages of each scenario. Since this program is very nuanced, with many different roles and responsibilities performed by staff, it will be critical to capture these roles to make a fair and balanced comparison. The completion of this exercise will serve to satisfy the request made by DAS management, by recommendation of its hired consultant.

2.4 SCOPE OF WORK

The successful Proposer will perform a cost-benefit evaluation of whether the Program should be contracted out to an outside entity (vendor). The evaluation will consider factors such as:

• cost of DAS maintaining and operating the current Program,

• expected benefits and drawbacks of outsourcing the Program, in part or in whole, to a vendor, and

• the extent to which the evaluation is based on current statutes and administrative rules (See

Section 2.3.1), or assumes revisions to those statutes or administrative rules.

Additionally, the evaluation must include analyzing the appropriate size of the staffing for the Program by determining the amount of time (hours and minutes) taken by staff members and wage cost of such staff members’ time to perform each phase of the surplus process for both federal and state property disposal. The time evaluation will include analysis of the time and cost required to:

• Hire, train, and manage employees’ performance.

• Provide customer service.

• Schedule meetings and manage communication,

• Order supplies and processing invoices

• Clean and screen properties for sale or auction

• Intake property (receiving and cataloguing).

• Verify item received, inspect condition, and assign value.

• List items for online auction or local sale.

• Auction items (as needed).

• Receive payment/complete necessary paperwork/arrange pickup or shipping.

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• Provide any other pertinent services.

The selected Proposer will also work closely with Agency to accomplish the following:

• Kickoff meeting & meeting summary for the project.

• Project management and meetings’ including reports.

• Evaluation of Agency surplus property data and reporting.

• Evaluation of Agency spending, revenues, surplus property pricing, and staffing assessment and reporting.

The selected Proposer will prepare a final report including all findings.

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):

• Company Overview

• Previous Experience

• General Experience

• Data Collection and Management

• Draft Statement of Work

• References

• Price Proposal

• Key Persons Experience and Qualifications

• Project Implementation Plan

• 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)

3.1.2 Proposal Page Limits

Proposal is limited to 20 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Forms (Attachment D)

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• Price Proposal Form (Attachment E)

• Certified Disadvantaged Business Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons Resumes

3.1.3 Proposal Format

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 in See: 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 in a minimum of 11-point font: 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). Along with its unredacted Proposal, Proposer shall submit a fully redacted version its Proposal, clearly marked as the redacted version. Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

3.1.4 Authorized Representative

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

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 Services to be performed or both. A Proposal that merely offers to provide the services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.2.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C) bearing Proposer’s authorized representative’s signature.

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

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

3.2.2 Responsibility Inquiry

Proposer shall complete and submit Attachment G – Responsibility Inquiry with the Proposal.

3.2.3 Company Overview (Required, Not Evaluated)

Proposer shall include the following details about Proposer’s company:

• How long Proposer’s company has been in business.

• Services provided by Proposer’s company.

• A list of sample current and former clients, including governmental entities (unless prohibited by a non-disclosure agreement in which case provide a description of and identification of the number of type of clients served).

• A list of key projects performed by Proposer’s company not identified in Section 3.2.4

• Any other information that may be helpful to know about Proposer’s company regarding qualifications and experience.

3.2.4 Previous Experience (Required, Evaluated)

Proposer shall provide detailed descriptions of three (3) state surplus property evaluations or evaluations similar in scope and size to that described in this RFP. Proposer’s description must at a minimum provide the following:

• The size of the program that was evaluated.

• The goals of the program that was evaluated.

• The tasks and deliverables that were required to be delivered in connection with the evaluation.

• The time frame and year in which the evaluation and all deliverables had to be completed and delivered.

• How data was collected and managed.

• The number of key persons who worked on the evaluation and whether such key persons are the Key Persons identified in Proposer’s Proposal.

• Any challenged or obstacles that impacted management of the evaluation process.

3.2.5 General Experience (Required, Evaluated)

Proposer shall provide a detailed narrative that demonstrates Proposer and Proposer’s Key Persons have the expertise and knowledge to provide the Services. Proposer’s narrative must at a minimum demonstrate the following:

• Practical knowledge needed to perform all aspects of evaluation of governments’ surplus properties.

• Proposer’s data management and analytical experience.

• Proposer’s project management experience.

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• Proposer’s experience assessing and evaluating risk factors.

• Proposer skills and expertise to meet the requirements and provide the Services described in this RFP.

3.2.6 Data Collection and Management (Required, Evaluated)

Proposer shall provide a detailed narrative describing their process and approach to data collection and management. Proposer’s narrative shall also demonstrate their experience.

3.2.7 Draft Statement of Work (Required, Evaluated)

Proposer shall provide a draft Statement of Work (SOW) which describes how Proposer will provide the Services as described in this RFP. Proposer shall include the tasks and deliverables to provide the Services described in this RFP. The tasks and deliverables must include those described in Section 2.4.

Proposer’s SOW shall include an analysis of the entire State Surplus Property program and must include, but not limited to the following:

• Right size the staffing of the surplus property program by determining number of hours/minutes taken by staff members at each phase of the surplus process for both federal and state property disposal;

• Measure the time taking by staff to receive/identify property;

• Verify item received, inspect condition, and assign value List items for online auction or local sale Auction items (as needed);

• Receive payment/complete necessary paperwork/arrange pickup or shipping.

Proposer’s draft Statement of Work shall include a proposed project schedule.

3.2.8 References (Required, Evaluated but not scored)

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

References may be checked 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 the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal.

3.2.9 Price Proposal (Required, Evaluated)

Submit a detailed Price Proposal (Attachment E) in a separate electronic file though OregonBuys that includes the following items:

• Provide a not-to-exceed amount for each activity described in Proposer's draft Statement of Work, and include time estimates for completing each activity and which key person(s) will

DAS Procurement Services Page 10 of 21 be completing the activity. The not-to-exceed amounts for each activity must be inclusive of all travel, supplies and other expenses.

• The Price Proposal must include each key person and their fully loaded hourly rates used to calculate the not-to-exceed amount for each activity described in Proposer's draft Statement of Work. The fully loaded rates must include all expenses (travel, supplies, overhead, etc.).

3.2.10 Key Persons Experience and Qualifications (Required, Evaluated)

Specify key persons to be assigned to this project and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

Proposer shall also include a detailed narrative that includes the following:

• Description of each of the key persons work experience relevant to the Services required in this RFP;

• How the work experience prepares each key person to provide the Services described in this RFP.

3.2.11 Project Implementation Plan (Required, Evaluated)

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

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;

• Reference the OregonBuys bid number;

https://oregonbuys.gov/

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• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below 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, unless a different date/time is specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.2 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:

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 set forth in Section 1.2.

Protests to an Amendment must be received by the date established as set forth in Section 4.4.1.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

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Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at: 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 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 liquidated and delinquent debt owed to the State or any department or agency of the State.

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

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

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

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.9 EVALUATION PROCESS

4.9.1 Responsiveness and Responsibility Determination

4.9.1.1 Responsiveness determination

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

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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, Agency may waive mistakes in accordance with

OAR 125-247-0470.

4.9.1.2 Responsibility Determination

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

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

4.9.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.9.2, based on the scoring rubric set forth in the table below, up to the maximum points available as specified in Section 4.10 (Point and Score Calculation).

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

SCORE EXPLANATION

90% - 100%

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.

75% - 89%

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.

50%- 74%

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.

11% - 49%

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

0% - 10%

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.

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4.9.2.1 Previous Experience

The degree to which Proposer’s previous experience demonstrates a clear understanding of the Services requested in this RFP and equip Proposer to deliver superior service.

4.9.2.2 General Experience

• How well does Proposer’s knowledge and expertise demonstrate how Proposer will perform the Services provided in this RFP.

• How well does Proposer’s general experience demonstrate Proposer’s ability to perform the activities provided in this RFP?

4.9.2.3 Data Collection and Management

How well does Proposer’s skills, experience, and knowledge demonstrate Proposer’s ability to collect and manage data as described in this RFP?

4.9.2.4 Draft Statement of Work

• How well does Proposer’s response to the Scope of Work describe how Proposer will provide the Services as described in this RFP?

• How well does Proposer’s data collection and analytical experience will help accomplish the work in the Statement of Work.?

4.9.2.5 Key Persons Experience and Qualifications

How well do Proposer key persons experience and qualifications will help complete the activities described in the RFP.

4.9.2.6 Project Implementation Plan

How well does Proposer’s project plan meet the need of the Agency?

4.9.3 PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 4.9.2, the sealed Price Proposals from Proposers will be opened and scored as follows:

• Proposer with the lowest Price Proposal will receive 15 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.

4.9.3.1 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.

https://www.naspo.org/reciprocity1

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4.9.3.2 Recycled Materials

If applicable, and to the extent required by law, 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.

4.9.3.3 Tiebreakers

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

4.10 POINT AND SCORE CALCULATIONS

Scores are the values assigned by each evaluator (0% through 100%) as detailed in Section 4.9.2.

Points are the total possible for each section as listed in the table below.

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

EXAMPLE:

For evaluation criteria worth 50 Points, Proposer A receives the following scores:

100% from evaluator #1 (50 x 100% = 50 Points)

90% from evaluator #2 (50 x 90% = 45 Points)

95% from evaluator #3 (50 x 95% = 47.5 Points)

The SPC will average the scores for each evaluation criteria (calculated by totaling the Points awarded by each Evaluation Committee member and dividing by the number of members).

EXAMPLE:

50 + 45 + 47.5 = 142.5 Points / 3 = 47.5 out of 50 Points.

Proposer A received 47.5 out 50 Points for this evaluation criterion.

TOTAL POINTS POSSIBLE 135

Section Evaluation Criteria Points Possible

4.9.2.1 Previous Experience 15

4.9.2.2 General Experience 20

4.9.2.3 Data Collection and Management 20

4.9.2.4 Draft Statement of Work 25

4.9.2.5 Key Persons Experience and Qualification 20

4.9.2.6 Project Implementation Plan 20

4.9.3 Price Proposal 15

DAS Procurement Services Page 16 of 21

4.11 RANKING OF PROPOSERS

The SPC will determine the total points earned by each Proposal by adding the points for each criterion determined as set forth in Section 4.10 and add the Proposer’s price score as determined in accordance with Section 4.9.3.

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.

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

4.11.1 Competitive Range Determination

If DAS PS, in its sole discretion, determines that one or more additional rounds of competition is necessary, it may select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. If DAS does decide to establish a Competitive Range, 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.

4.11.2 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

DAS Procurement Services Page 17 of 21 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.

4.12 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS PS conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS PS, if it awards a Contract, will award a Contract to the highest ranking Responsive and Responsible Proposer based upon the scoring methodology and process described in Section 4. DAS PS may enter into a contract for 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 to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

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

• Agency’s 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 Negotiations and award.

DAS Procurement Services Page 18 of 21

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

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

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS PS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B 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 Contract. 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 value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services Page 19 of 21

5.3.5 Nondiscrimination in Employment

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

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to 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, 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 with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, DAS PS may agree to negotiate changes to the negotiable provisions of the Sample Contract 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 Statement of Work and the following terms and conditions:

• Methods of Payment.

• Term of Contract.

• Pricing.

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, DAS PS, at its discretion, 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

DAS Procurement Services Page 20 of 21 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, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

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

6.3 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 6.2 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.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

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

DAS Procurement Services Page 21 of 21 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 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.

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. (ORS 279B.025) https://www.oregon.gov/das