RFP S-10700-00015442 Analytical Laboratory Services.pdf

STATE OF OREGON

COVER PAGE

The Department of Administrative Services, State Procurement Services on behalf of State agencies and members of the Oregon Cooperative

Purchasing Program (“ORCPP”)

Is issuing this Request For Proposals (RFP) under OregonBuys® Bid Number S-10700-00015442 for

ENVIRONMENTAL ANALYTICAL LABORATORY SERVICES

Date of Issue: May 1, 2026

Opening Date and Time: June 1, 2026, 5:00 PM (PT)

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

Address 1225 SE Ferry St City, State, Zip Salem, OR 97301 Phone (cell) 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.

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 OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

4.15 RE-OPENING OR READVERTISING FOR SERVICES

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 MASTER SERVICES AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO FAIR ACCESS

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 MASTER SERVICES AGREEMENT

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

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 State Agencies, (“Agency”), and members of the Oregon Cooperative Purchasing Program (“ORCPP”) (State Agencies and ORCPPs may be referred to individually as “Authorized Purchaser” and collectively as “Authorized Purchasers”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Environmental Analytical Laboratory Services.

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

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

The initial term of the awarded MSA’s is anticipated to be 3 years with options to renew.

Any purchases under the Master Services Agreement(s) must be authorized by work orders issued by Authorized Purchasers in accordance with the ordering procedures described in Attachment A - Sample Master Service Agreement. Proposer is advised that there is no guarantee of any specific amount of purchases under the Master Services Agreement(s).

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.

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

Event Date Time

Pre-Proposal Conference May 11, 2026 2:00 PM

Questions / Requests for Clarification Due May 13, 2026 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) May 15, 2026

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 18, 2026

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

Terminology specific to the OregonBuys system may be found at: https://oregonbuys.gov/bso/

Authorized Purchaser means the State of Oregon, acting by and through DAS SPS, and state agencies submitting Ordering Instruments pursuant to DAS SPS purchasing authority and direction and independent agencies submitting Ordering Instruments pursuant to independent purchasing authority. It may also include ORCPP participants with appropriate purchasing authority under their applicable statutes, rules, regulations, or ordinances that submit Ordering Instruments to Contractor.

Chain of Custody means the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, storage, and disposition of materials from field collection to laboratory intake.

Contract means a signed Work Order Contract or other agreed upon Ordering Instrument issued under the Master Services Agreement.

Delivery Time means the amount of time required to transport the samples from the Authorized Purchaser to the Contractor.

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

Ordering Instrument means a document used by an Authorized Purchaser in compliance with the Public Contracting Code, Department of Administrative Services Rules found at OAR 125- 246, -247, -248, and -249, and Department of Administrative Services policies, for the general purpose of purchasing Environmental Analytical Services under a Master Services Agreement.

Oregon Cooperative Purchasing Program or ORCPP means the State of Oregon’s Cooperative Purchasing Program. ORCPP members are authorized to use DAS SPS statewide agreements. ORCPP members include: State Agencies not subject to DAS SPS purchasing authority, cities, counties, school districts, special districts, Qualified nonprofit agency for https://oregonbuys.gov/bso/ individuals with disabilities” , residential programs under contract with the Oregon Department of Human Services, United States governmental agencies, and American Indian tribes or agencies.

Technical Report means the report submitted by the Contractor to the authorized purchaser after the sample analysis is complete. The Technical Report must meet ORELAP and NVLAP minimum reporting requirements.

Turn Around Time means the time from which the Contractor receives the samples to the time that the Contractor delivers the Technical Report.

2.3 OVERVIEW AND PURPOSE

2.3.1 Project Overview, Background, and Purpose

Multiple state agencies and ORCPP members manage environmental soil and water testing within the State of Oregon for public health, regulatory compliance, sustainability and ecosystem protection. Part of that management includes chemical and biological laboratory tests for quality assurance and public safety requirements.

The purpose of this RFP is to receive competitive Proposals and award Master Services Agreements for Environmental Analytical Laboratory Services in the State of Oregon.

2.4 SCOPE OF WORK

A successful Proposer shall provide Environmental Analytical Laboratory Services through-out the State of Oregon as needed. Proposer may propose to provide Environmental Analytical Laboratory Services across the State or to smaller regions of the State. If Proposer intends to provide Environmental Analytical Laboratory Services to smaller region, in its Proposal, Proposer must specifically describe the region or regions to be serviced. Proposer shall comply with all federal, state, and local rules, regulations, policies, and executive orders related to the Services, as appliable.

Contractor shall perform testing, analysis, and other Services as described in this RFP and in Exhibit A, Attachment A Sample Master Services Agreement.

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 3 years of experience providing services comparable to those required in this RFP.

3.1.2 Laboratory Accreditation Requirements

A. Contractor shall hold and agree to maintain a current accreditation from the

Oregon Environmental Laboratory Accreditation Program (ORELAP) for Quality Systems and the analyses and media (matrices) included in this Master Services Agreement with the exception of asbestos.

B. Contractor shall hold and maintain current accreditation from the National Environmental Laboratory Accreditation Conference (NELAC) standards.

C. For Asbestos testing, Contractor must hold and agree to maintain a current accreditation from the National Voluntary Laboratory Accreditation Program (NVLAP) for Quality Systems. The Contractor must fully disclose any change in their accreditation status prior to accepting samples and the State reserves the right to use another Contractor under such circumstances.

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):

• Executive Summary

• Technical Proposal

• Sustainability Plan

• Copy of ORELAP Certification

• Copy of NELAC Accreditation

• Copy of NVLAP Certification

• Disclosure Exemption Affidavit (Attachment B), if applicable

• 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 Page Limits

Proposal is limited to 15 pages including cover pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Copy of ORELAP Certification

• Copy of NELAC Accreditation

• Copy of NVLAP Certification

• Disclosure Exemption Affidavit (Attachment B), if applicable

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

3.2.3 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in Section 3.3, Proposal Requirements. Responses to each section and subsection should be labeled to indicate the item being addressed.

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).

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

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

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

3.3.1 Proposer Experience

Proposal must include a brief executive summary describing the Proposer’s history, experience, and services provided. The description must include:

1. The number of years of experience Proposer has providing similar services to those required by this RFP.

2. Description of Proposer’s experience providing services for clients and/or entities, similar to the services requested in this RFP. Please include a description of the Proposer’s experience working with agencies and customers within Oregon.

3. Describe Proposer’s involvement within the last 3 years conducting, developing, and/or participating in research, papers, presentations, professional organizations and engagement.

Proposer may propose to provide services across the State or to smaller regions of the State. If the Proposer intends to provide Services to a smaller region, Proposer must specifically describe the region or regions to be serviced.

3.3.2 Technical Proposal

A. Capability and Resource Capacity

Proposer must describe and establish Proposer’s capability and resource capacity to provide all Services as requested in this RFP. Provide information in enough detail that the Evaluation Committee and DAS SPS can determine that the Proposer has thorough and extensive experience delivering the Services required by Authorized Purchaser(s).

Describe the Proposer’s resources that will be utilized to provide the Services including but not limited the following:

1. staffing;

2. equipment;

3. support services;

4. laboratory locations and hours;

5. weekend receiving;

6. emergency services;

7. electronic data deliverable formats; and

8. turnaround time for Services.

B. Specialty Technical Services

Proposer must describe the specialty technical services offered by the Proposer including but not limited to the following service below and those detailed by Proposer on Attachment D, Price Proposal Form B:

1. ISM sample handling/prep;

2. cost free re-analyses when failing to meet Agency specified reporting limits and quality control/assurance limits.

3. forensic analyses/services;

4. emergency Response support; and

5. mobile laboratory services.

C. Implementation Plan

Proposer must describe how Proposer would carry out each of the major activities of the Services and the applicable proposed Service area(s) in context with Exhibit B – Description of Services found in Attachment A – Sample Master Services Agreement.

1. Provide a comprehensive management plan and timeline that the Proposer intends to follow.

2. Illustrate how the plan will serve to coordinate and accomplish the Services.

3. Advise if any services will be subcontracted.

4. Address Proposer’s internal process when data quality parameters are not met.

Provide information in enough detail so that the Evaluation Committee can determine whether Proposer has a thorough understanding and extensive experience delivering the Services required by this RFP.

C. Team Qualification, Experience and Expertise

Proposer must describe the role, qualifications, training, experience, and expertise of the team that will be responsible for assuring the Services provided under a Contract are performed accurately.

3.3.3 Sustainability Plan

Proposer must provide a Sustainability Plan describing the Proposer’s methodologies for providing the Services required in this RFP, in an environmental and sustainable manner which aligns with industry standards.

3.3.4 ORELAP Certification

Proposer must provide an active copy of Proposer’s ORELAB Certification.

3.3.5 NELAC Accreditation

Proposer must provide an active copy of Proposer’s NELAC Accreditation.

3.3.6 NVLAP Certification

Proposer must provide an active copy of Proposer’s NVLAP Certification.

3.3.7 Disclosure Exemption Affidavit (if applicable)

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 Proposer must provide a redacted copy of its Proposal.

3.3.8 Proposer Information and Certification Sheet

Proposer must 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.

3.3.9 Price Proposal

Proposer must complete and submit the Price Proposal form (Attachment D).

The Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs.

Prices submitted by Proposer is considered a firm offer and remain in effect for a period of

180 days following the RFP Opening date.

3.3.10 Certified Disadvantaged Business Outreach Plan

Proposer must complete and submit the Certified Disadvantaged Business Outreach Plan (Attachment E).

3.3.11 Responsibility Inquiry

Proposer must 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

• 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:

Microsoft Teams meeting

Join: Click here to join the Pre-Proposal Conference

Meeting ID: 272 701 636 440 073

Passcode: ye9Zt2EY https://oregonbuys.gov/ https://teams.microsoft.com/meet/272701636440073?p=gwJS1A3Vozdj5WzvWE

Dial in by phone

+1 503-446-4951,,518382376# United States, Portland

Find a local number

Phone conference ID: 518 382 376#

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 Master Services Agreement. 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 Master Services Agreement 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.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC through OregonBuys®;

• Reference the OregonBuys® bid number;

• Identify prospective Proposer’s name and contact information;

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F6695bda5-c841-4ea8-9531-d54eb9fd5334%3Fid%3D518382376&data=05%7C02%7CStephanie.Austermann%40das.oregon.gov%7C50a0523237b54c72589a08dea79c1d01%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C639132486101839399%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=G40YBcQ1KXX5vZn81J4%2BfqSFTEcTaizKdFF8fwyGU4s%3D&reserved=0

• 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:

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 via 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 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

A public Opening will not be conducted. Proposals received will not be available for inspection 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 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’ 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

Responsiveness includes a determination that a Proposal substantially complies with the RFP and all prescribed procurement procedures and requirements.

SPC will conduct an initial Responsiveness check of all Proposals submitted prior to the Opening to determine if Proposer has submitted all required documents and information and meets the Minimum Qualifications.

DAS SPS will continue its review throughout the evaluation process to determine if the Proposal is Responsive to all RFP 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 at any time during the evaluation process, the Proposal may be rejected; however, 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 Master Services Agreement. Proposer must submit a signed Responsibility Inquiry form (Attachment G) with its Proposal.

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

4.10.2 Evaluation Criteria

Evaluators will assign a score for each evaluation criterion listed below in Section

4.10.2. Scores are the values (0 through 10) assigned by each evaluator using the following scoring chart.

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of the 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.

4.10.2.1 Evaluation Item 1 – Proposer Experience

• How well does the Proposer demonstrate the number of years Proposer has providing similar services to those required in the RFP?

• How well does the Proposer describe Proposer’s experience providing services similar to the services requested in the RFP, for clients and/or entities?

• How well does the Proposer describe Proposer’s involvement within the last 3 years conducting, developing, and/or participating in research, papers, presentations, professional organizations and engagement?

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.

4.10.2.2 Evaluation Item 2 - Technical Proposal: Capability and Resource Capacity

• How well does the Proposer describe and establish the Proposer’s capability and resource capacity to provide all Services requested in the

RFP?

• How well does the Proposer describe the resources that will be utilized to provide the Services, including but not limited to the following listed below?

1. staffing;

2. equipment;

3. support services;

4. laboratory locations and hours;

5. weekend receiving;

6. emergency services; and

7. electronic data deliverable formats

4.10.2.3 Evaluation Item 3 - Technical Proposal: Specialty Technical Services

• How well does the Proposal describe Proposer’s specialty technical services offered including but not limited to the following listed below?

1. ISM sample handling/prep;

2. Cost free re-analyses when failing to meet Agency specified reporting limits and quality control/assurance limits.

3. Forensic analyses/services;

4. Emergency Response support; and

5. Mobile laboratory services.

4.10.2.4 Evaluation Item 4 - Technical Proposal: Implementation Plan

• How well does the Proposal describe the plan to carry out each of the major activities of the Services within the applicable proposed Service area(s)?

• How well does the Proposal illustrate a comprehensive management plan and timeline for the services requested and how the plan will serve to coordinate and accomplish the Services? Does the Proposal advise if any of the services will be subcontracted within the plan?

• How well does the Proposal describe the Proposer’s internal process when data quality parameters are not met?

• How well does the Proposal demonstrate Proposer’s understanding of the Services and demonstrate expertise to successfully deliver the Services?

4.10.2.5 Evaluation Item 5 - Technical Proposal: Team Qualifications, Experience, and Expertise

• How well does the Proposer describe the roles, qualifications, and expertise of their team?

• How well does the Proposer’s team demonstrate the capacity, training, and experience to perform the requirements of the Services?

4.10.2.6 Evaluation Item 6 - Sustainability Plan

• How well does the Proposer describe the methodologies for providing the Services as described in this RFP and the Description of Services (Exhibit B to Attachment A), in an environmental and sustainable manner?

4.10.3 PRICE EVALUATION

The SPC will conduct a separate price evaluation for each category of Service. The SPC will award a price score to each Price Proposal category proposed 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

4.10.4 PREFERENCES

4.10.4.1 Oregon Supplies and Services

DAS SPS prefers Oregon services, and for evaluation purposes, per ORS 279A.128, DAS SPS shall subtract 10% from the price for any Proposer proposing all Services performed entirely in Oregon before calculating the price score.

4.10.4.2 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

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.

TOTAL POINTS POSSIBLE : 2000

Total Evaluation Item Points Possible 1700

4.10.2.1 Evaluation Item 1: Executive Summary 100

4.10.2.2 Evaluation Item 2: Capability and Resources 450

4.10.2.3 Evaluation Item 3: Specialty Technical Services 325

4.10.2.4 Evaluation Item 4: Implementation Plan 500

4.10.2.5 Evaluation Item 5: Team Qualifications, Experience & Expertise 225

4.10.2.6 Evaluation Item 6: Sustainability Plan 100

4.10.3 Total Price Points Possible 300

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 an Evaluation Item that has a total possible point score of 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

The SPC will average the scores for each Proposal by category of Service 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 with Proposer’s price score for each category of Service proposed.

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

DAS SPS may, in DAS SPS’ 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.

4.13 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

4.13.1 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.

4.13.2 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.

4.14 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.

4.15 RE-OPENING OR RE-ADVERTISING FOR SERVICES

DAS SPS reserves the right to re-open or re-advertise this RFP, its attachments and requirements, on an annual basis to add contractors or to provide Services that are the same or similar to those described in this RFP, if necessary to serve the interests of Authorized Purchasers. Previously awarded Contractors, with active Master Services Agreements, will not be required to submit a Proposal in response to the re-opened or re-advertised competition.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS SPS, if it awards a Master Services Agreement(s), will award a Master Services Agreement(s) to the highest ranking Responsible Proposer(s) of each category of Service 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 Master Services 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 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 Master Services Agreement 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 Master Services Agreement 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 information may not be considered by DAS SPS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Master Services 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 Section 21 Exhibit A 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 Master Services Agreement. 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 Master Services Agreement 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 Master Services Agreement.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Master Services 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.

5.4 MASTER SERVICES AGREEMENT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Master Services 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 Master Services Agreement, DAS SPS will issue an Amendment to notify Proposers of such changes. Unless DAS SPS issues an Amendment modifying any of http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx the terms and conditions, DAS SPS intends to enter into a Master Services Agreement with the successful Proposer substantially in the form set forth in Sample Master Services Agreement (Attachment A).

Following the selection of the apparent successful Proposer, DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Master Services 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 ONLY the Description of Services and the following terms and conditions:

• Term of Master Services Agreement

• Pricing

In the event that the parties have not reached mutually agreeable terms within 30 calendar days of the beginning of Negotiations, 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 Master Services Agreements are awarded, Authorized Purchaser will use the following methodology to determine from which Contractor to purchase:

• Best Value Analysis: Compare each item between all awarded Contractors, issue a Work Order to the Contractor with the most favorable Offer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO FAIR ACCESS

The State of Oregon is committed to taking steps towards promoting fair and accessible procurement processes for all small and resource limited businesses by reducing obstacles and negative impacts. DAS SPS encourages all businesses 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 https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

If the Master Services Agreement 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 Master Services 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.

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 SPS website www.oregon.gov/das and use the search bar feature to locate the procedure.

https://www.oregon.gov/das

6.8 RECYCLABLE PRODUCTS

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