RFP_S-10700-00009417_Fire Sprinkler Testing Maintenance and Repair.pdf

RFP #S-10700-00009417 – FIRE SPRINKLER TESTING, MAINTENANCE AND REPAIR SERVICES

STATE OF OREGON

COVER PAGE

Oregon Department of Administrative Services, Procurement Services on behalf of the Oregon Department of Administrative Services, Enterprise

Asset Management

Is issuing this Request For Proposals (“RFP”) under OregonBuys Bid Number S-10700-00009417 for

FIRE SPRINKLER TESTING, MAINTEANANCE AND REPAIR SERVICES

Date of Issue: Wednesday, November 13, 2024, 08:00 AM PST

Opening Date and Time: Friday, December 13, 2024, 4:00 PM PST

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

Address: 1225 Ferry St. NE 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 Crosswalk of Terms Used in OregonBuys

2.4 OVERVIEW AND PURPOSE

2.5 SCOPE OF SERVICES

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 CRIMINAL HISTORY CHECK

3.2 MINIMUM QUALIFICATIONS

3.3 MINIMUM SUBMISSION REQUIREMENTS

3.4 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 There will be no public opening for this RFP. DAS SPS will make the name of the Proposers available upon request; no other information will be made available until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630

4.10 PROPOSAL REJECTION

4.11 EVALUATION PROCESS

4.12 POINT AND SCORE CALCULATIONS

4.13 RANKING OF PROPOSERS

4.14 NEXT STEP DETERMINATION

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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 PRICE AGREEMENT

EXHIBIT A – STATEMENT OF SERVICES

EXHIBIT B – STANDARD TERMS AND CONDITIONS

EXHIBIT C – INSURANCE

EXHIBIT D – SERVICE SCHEDULE AND PRICING PER SITE LOCATIONS

EXHIBIT E – DEVICE INFORMATION PER SITE

EXHIBIT F – SAMPLE PURCHASE ORDER

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

ATTACHMENT H – KEY PERSONS, RESUMES AND APPLICABLE CREDENTIALS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Department of Administrative Services, State Procurement Services (“SPS”) on behalf of the Oregon Department of Administrative Services, Enterprise Asset Management (“DAS EAM” or “Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Fire Sprinkler Testing, Maintenance and Repair Services.

DAS SPS is seeking Proposals for Fire Sprinkler Testing, Maintenance and Repair Services.

DAS EAM is responsible for ensuring that life safety systems are installed and operational in a variety of buildings in the Eugene, Portland, Clackamas, Salem, and Wilsonville areas. Each building has unique fire sprinkler and suppression systems. These systems require annual testing. These tests will be performed on a pre-scheduled basis. DAS EAM will work with Successful Proposer to schedule testing services. In addition to providing testing Services, Successful Proposer may also provide deficiency repairs as identified from annual inspections.

These repairs vary yearly and are not on a standardized schedule.

Additional details on the Scope of Services are included in Section 2.5 Scope of Services.

DAS SPS anticipates awarding one (1) Price Agreement from this RFP.

The initial term of the Price Agreement is anticipated to be two (2) years with options to renew up to a cumulative maximum of ten (10) years.

Agency may issue purchase orders pursuant to the Price Agreement for Services. Any purchases under the Price Agreement must be authorized by purchase orders issued by Agency in accordance with the ordering procedures described in the Attachment A – Sample Price Agreement. Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement.

1.2 SCHEDULE

All times are listed in Pacific Time. All dates listed are subject to change.

Event Date Time

Questions / Requests for Clarification Due Friday, November

22, 2024 4:00 PM PST

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

Thursday, November

28, 2024 4:00 PM PST

RFP Protest Period Ends

Friday, December 6, 2024

Opening (Proposal Due) Friday, December 13, 2024 4:00 PM PST

Issuance of Notice of Intent to Award (approx.) Monday, December

30, 2024 4:00 PM PST

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

DAS SPS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(3).

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

“Price Agreement” is defined in General Terms and Conditions.

“State” means the State of Oregon.

“Authorized Electronic Signature” means that an electronic signature from a Proposer that is duly authorized to enter into an agreement on behalf of the Proposer, is acceptable for that Proposal document.

“Successful Proposer” means the person, or legal or commercial entity to which the award of a Price Agreement is made.

“NFPA” means the National Fire Protection Agency.

“NFPA 20” means the standard for the installation of stationary pumps for fire protection.

“NFPA 25” means the standard for the inspection, testing, and maintenance of water-based fire protection systems.

2.3 CROSSWALK OF TERMS USED IN OREGONBUYS

OregonBuys terminology can be found at the following web address.

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

2.4 OVERVIEW AND PURPOSE

2.4.1 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.

DAS EAM has the responsibility to ensure that life safety systems in all state owned and rented properties are always operational and meet local and state safety guidelines and building codes.

2.4.2 Project Overview and Background

The intent of this RFP is to award a Price Agreement for Fire Sprinkler Testing, Maintenance and Repair. The Successful Proposer will be responsible for ensuring that fire sprinkler testing, maintenance and repair services are completed annually and on an as requested basis for multiple locations in the Eugene, Portland, Clackamas, Hillsboro, Salem, and Wilsonville areas.

2.4.3 Purpose

The purpose of this RFP is to establish a Price Agreement, which DAS EAM may use, for the purchase of Fire Sprinkler Testing, Maintenance and Repair Services.

2.5 SCOPE OF SERVICES

A detailed scope of the Services can be found in Attachment A – Sample Price Agreement, Exhibit A – Statement of Services and Rates.

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 CRIMINAL HISTORY CHECK

Successful Proposer and Successful Proposer’s staff shall be subject to a Criminal Records Check (“CRC”) and must be cleared before being allowed access to Agency’s premises or be authorized to perform any Services under the Price Agreement. Agency will provide Successful Proposer with forms and instructions for this purpose. Successful Proposer shall return the forms to Agency in the manner specifically instructed. Agency shall cover the costs of such criminal records checks.

If Successful Proposer or Successful Proposer’s staff have lived outside the State any time within three (3) months of the beginning of the Services, Successful Proposer and/or Successful Proposer’s staff shall be subject to an additional Criminal Justice Information System (“CJIS”) criminal history check from the Oregon State Police (“OSP”). Successful Proposer’s employees shall complete the security clearance background request, arrange finger printing, and submit these completed items by certified mail or hand delivered to the Agency for screening.

3.2 MINIMUM QUALIFICATIONS

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

3.2.1 Certification Requirements

All technicians that will provide Fire Sprinkler Testing, Maintenance and Repairs must hold a current NFPA Certified Fire Inspector I (“CFI-I) certification. Technicians must have knowledge and experience with NFPA 20 and NFPA 25 Codes.

3.2.2 Licensing/Registration Requirements

Proposer must be registered with the Construction Contractors Board located at 201 High Street SE, Unit 600, Salem, OR 97301. Proposer must provide proof of registration in its Proposal.

3.2.3 Key Person Requirements

Proposer must identify Key Persons who will perform the work using Attachment H – Key Persons, Resumes and Applicable Credentials. Proposer must provide in its Proposal all copies of applicable credentials.

3.3 MINIMUM SUBMISSION REQUIREMENTS

3.3.1 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)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons, Resumes and Applicable Credentials (Attachment H)

3.3.2 Proposal Format and Quantity

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

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

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

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 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. Authorized Electronic Signature(s) are acceptable.

Attachment C – Proposers Information and Certification Sheet must bear the Proposer’s authorized representative’s Signature. Authorized Electronic Signature(s) are acceptable.

3.3.3 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by DAS SPS. Authorized Electronic Signature(s) are acceptable.

3.4 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.

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

3.4.1 Attachment B – Disclosure Exemption Affidavit (Not Scored)

Proposer shall return with its Proposal a completed Attachment B – Disclosure Exemption Affidavit.

3.4.2 Attachment C – Proposer Information and Certification Sheet (Not Scored)

Proposer shall complete and submit Attachment C – Proposer Information and Certification Sheet.

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

3.4.3 Attachment D – Reference Check Form (Scored)

Proposer will Provide with its Proposal four (4) references from current or former client firms for similar projects performed within the last two (2) years. References must be able to verify the quality of previous, related Work.

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

Proposer shall send the Attachment D – Reference Check Form to its references.

Reference forms must be completed by the reference and sent to the SPC. Reference forms must be received prior to Opening. Reference forms not received before Opening will not be scored.

Attachment D – Reference Check Form will be evaluated and scored as follows:

Proposer returning all four (4) reference check forms with a satisfaction score of forty (30) may receive twenty (20) points.

Proposer returning all four (4) reference check forms with a satisfaction score of between thirty-five (30) and twenty (20) may receive 10 points.

Proposer returning all four (4) reference check forms with a satisfaction score of fifteen (15) and ten (10) may receive five (5) points.

Proposer that does not return all four (4) reference check forms or scores below five (5) may receive zero (0) points.

3.4.4 Attachment E – Price Proposal (Scored)

Proposer shall submit with its Proposal the Attachment E – Price Proposal. Price Evaluation information is contained in Section 4.10.2 Price Evaluation.

3.4.5 Attachment F – COBID / Certification Outreach Plan (Not Scored)

Proposer shall complete the Attachment F – COBID / Certification Outreach Plan and return with its Proposal.

3.4.6 Attachment G – Responsibility Inquiry (Not Scored)

Proposer shall complete and return with its Proposal a completed and signed Attachment G

– Responsibility Inquiry. Attachment must be signed by the Proposers Authorized Signature. Electronic Signature is acceptable.

3.4.7 Attachment H – Key Persons, Resumes and Applicable Credentials (Scored)

Proposer shall complete and return with its Proposal Attachment H – Key Persons and Resumes. Proposer shall identify Key Persons who will perform the work. Proposer shall also provide in its Proposal all copies of applicable credentials. Any documentation separate from Attachment H should be clearly identified as belonging with Attachment H. Resumes should not exceed two (2) pages.

Key Persons, Resumes and Applicable Credentials information must include:

Name:

Address:

Telephone

Email:

Title/Function:

Resume:

Applicable Credentials:

Attachment H – Key Persons, Resumes and Applicable Credentials will be scored as follows:

Proposals that include at least four (4) Key Persons with Resumes and attached applicable credentials may receive twenty (20) points.

Proposals that include at least three (3) Key Persons with Resumes and attached applicable credentials may receive fifteen (15) points.

Proposals that include two (2) Key Persons with Resumes and attached applicable credentials may receive ten (10) points.

Proposals that include only one (1) Key Person or are omitting Resume or attached applicable credentials may receive zero (0) points.

Applicable credentials may be found in Section 3.2 Minimum Qualifications.

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 https://oregonbuys.gov/ 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-10700-00009417;

• 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 Services, and the Sample Price Agreement. 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-10700-00009417;

• 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 OPTIONS

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

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

Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov.

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

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

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

4.9 There will be no public opening for this RFP. DAS SPS will make the name of the Proposers available upon request; no other information will be made available until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125- 247-0630.

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

4.10 PROPOSAL REJECTION

DAS SPS 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 DAS SPS’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).

4.11 EVALUATION PROCESS

4.11.1 Responsiveness and Responsibility Determination

4.11.1.1 Responsiveness determination

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

OAR 125-247-0470.

4.11.1.2 Responsibility Determination

DAS SPS will determine if an apparent Successful Proposer is Responsible prior to award and execution of the Price Agreement.

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

4.11.2 PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 3.3, the sealed Price Proposals from Proposers will be opened and scored. Column F of Attachment E – Price Proposal will be added and totaled together.

• Proposer with the lowest Column F costs, Regular Hourly Rate will receive twenty (20) points.

• Proposer with the second lowest Column F costs, Regular Hourly Rate will receive ten

(10) points.

• Proposer with the third lowest Column F costs, Regular Hourly Rate will receive five (5) points.

• All other Proposers will receive zero (0) points.

4.11.3 PREFERENCES

4.11.3.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, DAS SPS 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.

4.11.3.2 Recycled Materials

DAS SPS 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.

4.11.3.3 Tiebreakers

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

4.12 POINT AND SCORE CALCULATIONS

The SPC will total all scores for each evaluation criterion. The total score will be used as a multiplier to divide against the number of evaluation committee members.

4.13 RANKING OF PROPOSERS

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

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

TOTAL POINTS POSSIBLE : 60

POINTS POSSIBLE 60

3.4.3 Reference Check Forms 20

3.4.4 Price Proposal 20

3.4.7 Key Persons 20

https://www.naspo.org/reciprocity1

4.14 NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS SPS 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

4.14.1 Competitive Range Determination

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

4.14.2 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 S-10700-00009417;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest; and

• Be received within seven (7) calendar days after issuance of the Notice of the

Competitive Range unless a different due date and time is specified in such notice.

DAS SPS 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 SPS.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

RFP.

5.1.2 Intent to Award Notice

DAS SPS will notify all Proposers in Writing that DAS SPS intends to award a Price Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 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 Price Agreement award in the event the protest was successful and is protesting for one (1) or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

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

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

• DAS SPS’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If DAS SPS receives only one (1) Proposal, DAS SPS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number S-10700-00009417;

• 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 SPS 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 SPS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS SPS 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 SPS or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

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

5.3.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry.

5.3.5 Pay Equity Certification

If selected for award and the Price Agreement value exceeds $500,000.00 and Proposer employs fifty (50) or more full-time workers, Proposer shall submit to DAS SPS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

5.3.6 Nondiscrimination in Employment

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

5.3.7 RESERVEPRICE AGREEMENT NEGOTIATION

5.3.8 Negotiation

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

After selection of a Successful Proposer, DAS SPS may enter into Price Agreement 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 Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

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

Proposer must submit those exceptions to DAS SPS during the Questions / Requests for Clarification period set forth in Section 1.2. If DAS SPS agrees to make any requested changes to the Sample Contract/Price Agreement, DAS SPS will issue an Amendment to notify Proposers of such changes. Unless DAS SPS issues an Amendment modifying any of the terms and conditions, DAS SPS intends to enter into a Price Agreement with the Successful Proposer substantially in the form set forth in Attachment A – Sample Price Agreement.

Following the selection of the apparent Successful Proposer, DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below.

However, DAS SPS 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 SPS is willing to negotiate all items, except those listed below:

• Choice of law;

• Choice of venue;

• Constitutional requirements; and

• Requirements of applicable federal and State law.

In the event that the parties have not reached mutually agreeable terms within ten (10) calendar days, DAS SPS 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 SPS 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 SPS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

If the Price Agreement has potential subcontracting opportunities, the Successful Proposer may be required to submit a completed 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 DAS SPS 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 SPS. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Price Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by DAS SPS.

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

Pursuant to ORS 279B.100, DAS SPS 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 SPS, as determined by DAS SPS. 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/Price Agreement 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.

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

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

3.4 PROPOSAL REQUIREMENTS