RFP S-10700-00013266 Claims Services.pdf

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STATE OF OREGON

COVER PAGE

Department of Administrative Services, State Procurement Services on behalf of the Department of Administrative Services, Enterprise Goods and Services, Risk Management

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00013266 for

CLAIMS SERVICES

Date of Issue: April 11, 2025

Opening Date and Time: May 12, 2025, at 5:00 pm PT

Single Point of Contact (SPC): Stephanie Austermann, State Procurement Analyst

Address: 1225 Ferry Street SE City, State, Zip Salem, OR 97301-4285 Phone (voice) 971-375-5558 E-mail: stephanie.austermann@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:stephanie.austermann@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 QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS PER CATEGORY OF SERVICE

4.12 RANKING OF PROPOSERS

4.13 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

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PRICE PROPOSAL FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services, (DAS SPS) on behalf of the Department of Administrative Services, Risk Management, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Claims Services.

Additional details on the Scope of services are included in the Scope of Work section.

DAS SPS anticipates the award of multiple Master Services Agreements from this RFP.

The initial term of the Master Services Agreement is anticipated to be 2 years with options to renew up to a cumulative maximum of 10 years.

Any purchases under the Master Service Agreement (s) must be authorized by service order contracts issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample Master Services Agreement. Proposers are advised that there is no guarantee of any specific amount of purchases under the Master Service Agreement(s).

Notwithstanding the award of a Master Services Agreement, Agency may conduct separate solicitations or award project-specific contracts or service order contracts for Services similar to what is described within this RFP using any method allowed by 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

Pre-Proposal Conference April 17, 2025 1:30 PM

Questions / Requests for Clarification Due April 22, 2025 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) April 24, 2025

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) June 6, 2025

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.

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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(2).

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.

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

Forensic Engineering Services means conducting claims investigations to establish a clear sequence of events leading to the accident/incident and to determine the nature and dollar value of claimed financial loss. Services include but are not limited to accident/incident reconstruction, safety and failure analysis, examination, analysis, damage assessment, catastrophe response, subrogation and expert witness testimony.

Forensic Accounting Services means conducting claims investigations and analyze claims to determine the accurate loss amount. Services may include but are not limited to property damage and liability claim forensic accounting, catastrophe response, subrogation, and expert witness testimony.

Independent Claims Adjusting Services means conducting claims investigations to determine the facts giving rise to liability claims and claims made for restoration to state property.

Services may include but are not limited to validating claimant information, interviewing, settling claims, conducting physical appraisal services, accident scene investigation, preservation of evidence, obtaining statements, obtaining medical and technical information, and correspondence relative to the occurrence.

Master Services Agreements means Price Agreements as defined under OAR 125-246- 0110(110) and ORS 279A.010(1)(v)

Origin and Cause Services means conducting claims investigations to establish the origin and cause of loss. Services may include but are not limited to structural evaluation, construction defect investigation, product failure evaluation, accident reconstruction, expert witness testimony, subrogation, preservation of evidence and evidence testing.

Physical Damage Appraiser Services means appraising of damages to motor vehicles insured under the state policy or on behalf of third party claimants. Service includes accessing and evaluating damages to determine the vehicle cost of repair and potentially the total loss value and diminished value.

https://oregonbuys.gov/bso/

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Property Damage means damage to real or personal property.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Department of Administrative Services, Risk Management insures and protects the people, property and activities of state government. Risk management experts recommend mitigation strategies to minimize or prevent the cost of loss, both minor and catastrophic. When loss does occur, risk management experts manage the claim process that lets state agencies fiscally recover and carry on with their mission.

2.3.2 Project Overview and Purpose

The Oregon Department of Administrative Services, Risk Management program investigates, evaluates, and resolves claims and determines if damage is due to State activities. Through this RFP, DAS SPS is looking to obtain contractors for claims services in the following categories:

Independent Claims Adjusting, Cause and Origin Investigation, Forensic Engineering, and Forensic Accounting that will assist the State as experts throughout the claims review process.

2.4 SCOPE OF WORK

DAS SPS intends to establish Master Services Agreements for the following categories of service throughout the State. The awarded Contractor(s) shall provide all Services required in the designated Category(s), have current certifications and licensing, and maintain certifications and licensing necessary to provide the Services in the designated Category(s) awarded.

Category A Independent Claims Adjusting Services Conduct claims investigations to determine the facts giving rise to liability claims and claims made for restoration to state property. Services may include but are not limited to validating claimant information, interviewing, settling claims, conducting physical appraisal services, accident scene investigation, preservation of evidence, obtaining statements, obtaining medical and technical information, and correspondence relative to the occurrence.

Category B Origin and Cause Investigation Services Conduct claims investigations to establish the origin and cause of loss. Services may include but are not limited to structural evaluation, construction defect investigation, product failure evaluation, accident reconstruction, expert witness and testimony, subrogation, preservation of evidence and evidence testing.

Category C Forensic Engineering Services Conduct claims investigations to establish a clear sequence of events leading to the accident/incident and to determine the nature and dollar value of claimed financial loss.

Services include but are not limited to accident/incident reconstruction, safety and failure analysis, examination, analysis, damage assessment, catastrophe response, subrogation and expert witness testimony.

Category D Forensic Accounting Services Conduct claims investigations and analyze claims to determine the accurate loss amount.

Services may include but are not limited to property damage and liability claim forensic

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SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

3.1.1 Proposer Experience

Proposer must have at least three (3) years of experience providing claims services comparable to those required under this RFP for each claims service category proposed and describe their experience per Section 3.3.1. Company Qualifications and Experience in their Submission.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Information required by Section 3.3 (below)

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

3.2.2 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.

Proposer should submit its Proposal electronically through OregonBuys as described in Section 4.5: Proposal Delivery.

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

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

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Proposer believes are exempt from disclosure

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

3.2.3 Authorized Representative

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

3.3 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. 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.

The Proposal shall include an offer to provide Services in a single category, in multiple categories, or in all categories. Proposer shall specifically designate the Category or Categories that Proposer intends to provide and whether Proposer is offering to provide Services statewide or in a specific geographical region. If Proposer is only offering to provide Services in a specific geographical region, Proposer must describe that region.

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.

3.3.1 Company Qualifications and Experience

Proposer shall describe in detail, the Proposer’s qualifications to provide the proposed services from the Categories or Work listed in the table in Section 2.4 (Scope of Work) ad proposed by Proposer. Proposer shall include company history, any professional certifications as applicable to the proposed Category or Categories, and other information Proposer feels is warranted.

3.3.2 Management Plan

Briefly describe how Proposer would carry out the major activities in the scope of work and in the category (s) proposed in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow for each project if awarded. Illustrate how the plan will serve to coordinate and accomplish the Work. Proposer shall include Proposer’s guaranteed service level timelines.

3.3.3 Disclosure Exemption Affidavit

Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

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3.3.4 Proposer Information and Certification Sheet

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

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

3.3.5 Price Proposal

Proposer shall complete and submit Price Proposal (Attachment D) as a separate attachment electronically in OregonBuys. Proposer shall insert rates as requested or mark the subject line “N/A” in order to be considered responsive.

Proposer must identify and include all elements of recurring and non-recurring costs in the Price Proposal including, administrative fees, travel, labor, consultation services, or the processing fees and surcharge fees associated with the use of credit cards.

3.3.6 COBID Certification/Outreach Plan

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

3.3.7 Responsibility Inquiry

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

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. 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 https://oregonbuys.gov/

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• Answer any questions Proposers may have related to the project or the process.

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

Interested parties may participate in the Pre-Proposal Conference by virtually attending the Microsoft Teams meeting or calling in per the link and telephone number below:

Join on your computer, mobile app, or room device.

Click here to join the meeting now Meeting ID: 251 482 836 675 Passcode: Rx3D5bF6

Or call in (audio only) +1 503-446-4951, 956038393# United States, Portland Click here to find a local number Phone conference ID: 956 038 393#

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;

• 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.

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 and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

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.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQwZTBmMjItZmYzYy00OTRkLTkyMTAtZDA0MmFkZmMwZGIz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2249f2a2d7-4891-46e7-bea0-351fe99c60cf%22%7d tel:+15034464951,,956038393 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=956038393

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4.4.3 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.

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

4.5 PROPOSAL DELIVERY

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 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 is permitted for this RFP:

Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at:

https://oregonbuys.gov/bso

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

https://oregonbuys.gov/bso 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 (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

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

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

4.8 PUBLIC OPENING

A public Opening will not be held. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION

DAS 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).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 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.

4.10.1.2 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 F) with Proposal.

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and 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 Calculations).

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.

Evaluation Criterion 1 through 2 will receive a score based on the table below.

4.10.2.1 Evaluation Item 1: Company Qualifications and Experience

• How well does the Proposal demonstrate Proposer’s qualifications and experience in delivering the Services and meeting needs of the Agency?

4.10.2.2 Evaluation Item 2: Management Plan

• How well does the Proposal describe the plan to carry out the Services?

• How well does the Proposal illustrate a comprehensive plan for the services requested?

• How well does the Proposal demonstrate Proposer’s understanding of the

SCORE EXPLANATION

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

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

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

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

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

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Services and demonstrate expertise to successfully deliver the Services?

4.10.3 PRICE EVALUATION

The SPC will conduct the price evaluation for each category of Service. The SPC will award a price score for each category of Service to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

4.11 POINT AND SCORE CALCULATIONS PER CATEGORY OF SERVICE

Scores are the values (0 through 10) assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

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

4.12 RANKING OF PROPOSERS

Categories of Service for will be scored independently for each Proposal. The SPC will average the scores for each Proposal category in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal category with Proposer’s category price score. Proposers earning a minimum of 700 points combined for Evaluation Items 1-2 and Price Points for a category will be eligible for a Master Services Agreement in the Category(ies) of Service proposed. The proposal of any Proposer not earning the minimum 700 points for a category, may not receive an award for a Master Services Agreement for the Category. DAS SPS reserves the right to issue intent to award(s) to Proposers scoring less than 700 points if it is determined to be in the best interest of the State.

TOTAL POINTS POSSIBLE : 1000

POINTS POSSIBLE 700

4.10.2.1 Evaluation Item 1: Company Qualifications and Experience 300

4.10.2.2 Evaluation Item 2: Management Plan 400

4.10.3 Price Evaluation: Price Points Possible 300

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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

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.12.1 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.

4.12.2 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 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.

4.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS SPS 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.

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS SPS, 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. 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 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.

• 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.

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 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

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5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are 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 SPS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit A, Section 21 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 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 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.

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.

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

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5.4 CONTRACT NEGOTIATION

5.4.1 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 ONLY the Statement of Work and the following terms and conditions:

• Description of Services

• Pricing

• Payment Terms including invoicing

• Insurance

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, DAS SPS, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

5.4.2 Contractor Selection Methodology

In the event multiple Contracts are awarded, Agency will conduct a best value comparison process to select the contractor for award based upon various factors, including: cost, Services availability, time of performance, or other factors. Agency shall issue a request for quote to all Contract holders for the category detailing the Service need and evaluation criteria, including Service availability, time for delivery or performance, costs, and any other factors. Agency shall award the Contract to the contractor with the offer that is in the best interest of Authorized Purchaser.

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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 Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment E) 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 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 https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

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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 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 described in this RFP and the subsequent Contract. (ORS 279B.025) https://www.oregon.gov/das

4.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS