RFP S-10700-00011391 CHRO Employee Survey Assessment Tool Final.docx

State of Oregon

Cover Page Department of Administrative Services, State Procurement Services, on behalf of its Chief Human Resources Office is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00011391 for employee survey & assessment tool Date of Issue: February 4, 2025 Opening Date and Time: March 21, 2025 @ 5PM

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.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 2 of 27 Table of Contents

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services (“DAS SPS”), on behalf of its Chief Human Resources Office (“CHRO” or “Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for an online employee assessment and survey tool that the employee can access using secure credentials given by the employer.

Additional details on the Scope of the goods or services or both are included in the Statement of Work, Attachment A Sample Contract.

DAS SPS anticipates the award of one Contract from this RFP.

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

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.

RFP Protest Period Ends

7 calendar days prior to RFP Opening

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.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

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

DAS SPS 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.

DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

OVERVIEW AND PURPOSE

Agency Overview and Background The Chief Human Resources Office (CHRO) purpose is to provide direction and services to promote a stable and qualified workforce in Oregon state government all the while reflecting the state’s values of accountability, equity, excellence and integrity.

CHRO oversees state agencies’ human resources functions: Classification and Compensation, HR Policy, Executive Recruitments, Labor Relations and Workforce Development. The Workforce Development team serves as a trusted partner in the collaboration and development of a diverse public service workforce to attract, retain, and meet the needs of the current and future workforce.

Project Overview and Background CHRO offers a broad range of training enterprise wide.

Included in CHRO offerings and the management education offerings are classroom courses, online courses, and resources for all Oregon state agencies, boards, and commissions. The purpose of these offerings is to equip state managers with the necessary skills to be successful. To learn more about each program select the title to view the program description and links to additional information.

Additionally, CHRO provides the Human Resources Professional Training Series Programs. These training programs are a vehicle for professional growth for current HR professionals and those who want to move into an HR career in Oregon state government.

The Executive Branch has developed Enterprise Values and Competencies specifically for Managers and all employees. Here is a link to the guide ee_comps.pdf and mgr_comp.pdf.

CHRO is seeking an assessment tool that allows the Agency to measure an employee’s current proficiency level for each competency and support development and growth plans to address gaps.

SCOPE OF WORK/SPECIFICATIONS

CHRO is seeking an online portal that will allow an employer/employee management assessment survey tool. This web-based portal would have a unique login and password that the employer would provide each employee. Employee would build their assessment and can create, customize and edit their individual profile. Employer would assist the employee in obtaining goals and creating assessment reports.

Desirables include but are not limited to:

· Interactive online Web portal

· Assessment reporting

· Management benchmarking

· Individual customization

· Analysis calculation

· Succession planning

· Workday compatibility Refer to the Statement of Work, Attachment A, Sample Contract for further information.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

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

Service Provider and all Services provided must be hosted from and within the continental United States of America.

MINIMUM SUBMISSION REQUIREMENTS

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

Executive Summary Company Profile (Including Financial Statement and Fiscal Stability) Administrative/Technical Proposal Account Management Example of Services 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) Proposal Page Limits There is no Proposal page limit for this RFP.

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 shall submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in Section 4.5 for electronic submission.

The Cost Proposal must be submitted as a separate electronic response file.

Proposer shall electronically submit its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure and note the document and appropriate files accordingly. Proposer may submit redacted documents that pertain to those documents that are exempt from disclosure.

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

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

Authorized representative signature may be recognized on the Proposer’s Cover Page, the Executive Summary or on Attachment C, Proposer Information and Certification Sheet.

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.

Executive Summary Proposer shall include an Executive Summary that condenses and highlights the contents of the Proposal, including an overview of the Proposer’s understanding of the contents of the RFP, and a description of how the Proposer generally intends to meet the RFP requirements. Proposal must document and describe Proposer’s capacity to perform the work described, that the Proposer is an established firm, providing required Services hosted from within the continental United States of America, and has provided the required Services requested in this RFP.

Company Profile (Including Financial Statement and Fiscal Stability) Proposer shall include a brief description of Proposer’s experience with, and current strategies for, ensuring that Proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed contract period. DAS SPS has the right to request fiscal or financial information from the Proposer demonstrating responsibility standards provided in ORS 279B.110 and OAR 125-247-0640(1)(F) have been met.

Provide details of Company ownership and number of years in business. Provide location of company headquarters and the location of the office to service the State of Oregon account. Describe your firm’s management and organizational structure and how that structure aids in the delivery of the requested Services.

Administrative/Technical Proposal Describe Proposer’s approach to providing the Services and implementation plan as Services are listed in the Statement of Work and as otherwise described in this RFP. Proposer is encouraged to include any pertinent or missing elements for the Services.

Proposer must demonstrate how Proposer’s Services meet the requirements provided in the Statement of Work and provide adequate demonstration of the Services to meet the needs of the Agency.

1.1.1 Account Management

Proposer shall provide a named account manager and a profile of the account manager in Proposal who is capable of attending virtual meetings with 48-hour notice. The account manager must be authorized to resolve any issues related to this contract and to include any other staff necessary to resolve an issue within the same 48-hour notice.

Example of Services Proposer shall submit in its Proposal, a detailed description of an example of their service offerings, identified in Section 2.4, that exemplifies your company’s capabilities. The example may be provided via on-line URL or electronically submitted with Proposal.

Provide an overview of each Service and objectives.

Where applicable, note how each category and objective can be customized; how flexibility can be achieved; what are the added values added and how the demonstration is measured for success and return on investment.

Specify any languages (other than English) is available.

Proposer Information and Certification Sheet (Attachment C) Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

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

References (Attachment D) Using Attachment D, provide three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must be able to verify the quality of the service provided.

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.

Cost Proposal Form (Attachment E) Provide all-inclusive rate for services described in the Statement of Work, Exhibit B Sample Contract, including but not limited to all salaries, benefits, overtime and holiday pay, supplies, tools, travel, insurance and other expenses of Proposer’s business. The Evaluators will compare Proposer’s Cost Proposal for consistency with Proposer’s submitted Proposal.

DAS SPS reserves the right to negotiate the final Cost issued with the successful Proposer.

COBID Certification / Outreach Plan (Attachment F) Proposer shall complete and submit the COBID Certification / Outreach Plan (Attachment F).

Failure to submit may result in a finding of non-Responsibility.

Responsibility Inquiry (Attachment G) Proposer shall complete and submit the Responsibility Inquiry (Attachment G).

Failure to submit may result in a finding of non-Responsibility.

SOLICITATION PROCESS

PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule and below. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

Provide additional description of the project;

Explain the RFP process; and Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference on February 21, 2025 at 10AM via:

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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 ;

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.

SOLICITATION PROTESTS

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

Protests to Addenda/Amendment(s) Prospective Proposer may submit a Written protest of anything contained in an Addenda/Amendment. Protests to an Addenda/Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Addenda/Amendment or the date/time specified in the Addenda/Amendment, or they will not be considered. Protests of matters not added or modified by the Addenda/Amendment will not be considered.

Requirements for Protests All protests must:

Be delivered to the SPC via email;

Reference the OregonBuys bid number;

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based; and State the proposed changes to the RFP provisions or other relief sought.

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

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

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 option must be used for this RFP:

Delivery through OregonBuys Proposal submission must 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

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.

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.

PUBLIC OPENING

A Public Opening will not be held for this RFP. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposer(s) may request the Opening information via email to SPC as identified on Cover Page, any request must include the OregonBuys bid number. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

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).

EVALUATION PROCESS

Responsiveness and Responsibility Determination 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.

Responsibility Determination DAS SPS 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.

Evaluation Criteria Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and DAS SPS 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 4.10.2 up to the maximum points available as specified in Section 4.11 (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.

Scored Criteria – Maximum Points (Total Available Points) 100 Proposal sections listed below will be evaluated and scored based upon Proposer’s response to the requirements of the RFP and whether they meet Agency need.

1.1.1.1 Executive Summary – Section 3.3.1 (10 Points)

To receive the maximum possible points, Proposer must provide:

· Degree to which Proposer has experience providing similar services; and

· Degree to which Proposer has experience working with similar entities or the Public sector.

Section 3.3.1– Rating Scale (10 Point Maximum)

Proposal Section 3.3.1 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s executive summary submission that meet the requirements that are specified in this RFP. A maximum total score of ten (10) points are available for this section.

1.1.1.2 Company Profile (Including Financial Statement & Fiscal Stability) – Section 3.3.2 (15 Points) To receive the maximum possible points, Proposer must demonstrate business stability and background.

· How well does Proposer understand RFP contents and services Agency is seeking?

· How well does Proposer demonstrate ability to meet RFP requirements?

· How well did Proposer adequately demonstrate its long-term stability as a service provider; is there reasonable belief that Proposer will remain financially solvent and provide uninterrupted service through the life of the contract?

Section 3.3.2– Rating Scale (15 Point Maximum)

Proposal Section 3.3.2 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s company profile (including financial statement and fiscal stability) submission that meet the requirements that are specified in this RFP. A maximum total score of fifteen (15) points are available for this section.

1.1.1.3 Administrative/Technical Proposal – Section 3.3.3 (30 Points) To receive the maximum possible points, Proposer must demonstrate:

· How well did the Proposer demonstrate experience to substantiate the services proposed?

· How well does Proposer’s Proposal meet Agency needs for employee assessment and offering professional development?

· How well does the Proposer describe the organizational structure?

· How well has the Proposer demonstrated collaboration and working relationships with their clients?

· How well does the Proposer’s expertise and experience in data management and report administration, such as a report generation, data, data analysis, report verification, prevention of data corruption and reporting results?

· Does Proposer provide Services in languages other than English?

Section 3.3.3– Rating Scale (30 Point Maximum)

Proposal Section 3.3.3 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s administrative/ technical proposal submission that meet the requirements that are specified in this RFP. A maximum total score of thirty (30) points are available for this section.

1.1.1.4 Account Management – Section 3.3.4 (15 Points)

To receive the maximum possible points, Proposal must clearly demonstrate the experience, qualifications, education, and training necessary to successfully complete requested services. Resume must be of the person who will be performing the Work.

· Does Account Manager have the desired experience and qualifications?

· Is Account Manager authorized to resolve issues?

· Is Account Manager available within 48 hours?

Section 3.3.4 – Rating Scale (15 Point Maximum)

Proposal Section 3.3.4 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s account management submission that meet the requirements that are specified in this RFP. A maximum total score of fifteen (15) points are available for this section.

1.1.1.5 Example of Services – Section 3.35 (15 Points)

To receive maximum possible points, the Proposer’s Example of Services must substantially demonstrate the Proposer’s understanding and experience of similar projects.

· How well does the provided example demonstrate the requirements of the RFP and provide a successful employee engagement experience outcome?

· Does Proposer’s example align with Agency needs?

· Does the example of services provide adequate information for Agency to determine a successful contractual relationship?

Section 3.3.5 – Rating Scale (15 Point Maximum)

Proposal Section 3.3.5 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s example of services submission that meet the requirements that are specified in this RFP. A maximum total score of fifteen (15) points are available for this section.

1.1.1.6 References – Section 3.3.7 (15 Points)

· Do the references support Proposer’s experience as described in Proposal?

· Was reference satisfied with Proposer’s services?

· Would reference contract with Proposer for future similar services?

Section 3.3.7– Rating Scale (15 Point Maximum)

Proposal Section 3.3.7 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s references submission that meet the requirements that are specified in this RFP. A maximum total score of fifteen (15) points are available for this section.

1.1.1.7 Cost Proposal (Not Scored)

Proposal will be reviewed for consistency with written Proposal but will not be scored.

PREFERENCES

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

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).

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.

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

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

1.1.2 Award Consideration

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

1.1.3 Intent to Award Notice

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

INTENT TO AWARD PROTEST

1.1.4 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.

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 Proposal, DAS SPS may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

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.

1.1.5 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.

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:

1.1.6 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.

1.1.7 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.

1.1.8 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.

1.1.9 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 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 Contract.

1.1.10 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.

CONTRACT NEGOTIATION

1.1.11 Negotiation

After selection of a successful Proposer, DAS SPS 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 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, 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 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 SPS may agree to negotiate changes to the negotiable provisions of the Sample Contract 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 Requirements of applicable federal and State law In the event that the parties have not reached mutually agreeable terms within 30 calendar days, DAS SPS may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

ADDITIONAL INFORMATION

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.

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.

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.

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 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.

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by DAS 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 award, or the rejection of any Proposal.

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.

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.

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)

ATTACHMENTS

Attachment A, Sample Contract w/:

· Exhibit A, Statement of Work

· Exhibit B, Insurance Requirements

· Exhibit E, Independent Contractor Certification Attachment B, Disclosure Exemption Affidavit Attachment C, Proposer Information and Certification Sheet Attachment D, Reference Check Form Attachment E, Cost Proposal Form Attachment F, Certified Disadvantage Business Outreach Plan Attachment G, Responsibility Inquiry image1.jpeg