RFP_S-10700-00016861_SW Auto Parts_Final DOJ approved~1.pdf

DAS Procurement Services, Version 4.5 March 31, 2023 Page 1 of 21

STATE OF OREGON

COVER PAGE

Department of Administrative Services State Procurement Services

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00016861 for

OEM AUTO PARTS, EQUIPMENT, INSTALLATION AND

RELATED SERVICES

Date of Issue: August 18, 2026

Opening Date and Time: September 24, 2026 at 3:00 PM PST

Single Point of Contact (SPC): Jordan Sim

Address: 1225 Ferry Street SE City, State, Zip Salem, OR 97301 Phone (voice) 971-375-5451 E-mail: jordan.r.sim@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:jordan.r.sim@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/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS – WINDOWS AND GLASS ONLY

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERNCE

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

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 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

Attachment A - SAMPLE PRICE AGREEMENT Attachment B - DISCLOSURE EXEMPTION AFFIDAVIT Attachment C - PROPOSER INFORMATION AND CERTIFICATION SHEET Attachment D - REFERENCE CHECK FORM Attachment E – MARKET BASKET Attachment F - COBID CERTIFICATION / OUTREACH PLAN Attachment G - RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services, (“DAS SPS” or “Agency”), is issuing this Request for Proposal (“RFP”) under the provisions of ORS 279B.060 for auto parts, installation and related services including OEM auto parts, aftermarket auto parts, rebuilt auto parts, used, recycled or repurposed auto parts, remanufactured auto parts, auto shop equipment, traction chains (altogether, “Auto Parts”), training installation and related services (altogether, “Services”) by Authorized Purchasers (as defined in Attachment A - Sample Price Agreement).

Additional details on the Scope of the goods or services or both are included in Exhibit A – Description of Goods and Related Services; Rates and Discounts of the Sample Price Agreement.

Agency anticipates the award of one or more Price Agreements from this RFP.

The initial term of the Price Agreement is anticipated to be two (2) years with options to renew for two (2) year terms .

Any purchases under the Price Agreement must be authorized by purchase orders or work orders issued by Authorized Purchaser in accordance with the ordering procedures described in the Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or 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 9/3/26 10:00 AM

Questions / Requests for Clarification Due 9/14/26 2:00 PM PST

Answers to Questions / Requests for Clarification Issued (approx.) 9/17/26

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Proposal List Published (approx.) 10/1/26

Issuance of Notice of Intent to Award (approx.) 10/26/26

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

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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, about any technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

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

“Aftermarket Auto Parts” means new automotive parts that are not OEM Auto Parts.

Aftermarket Auto Parts are normally acquired at national, discount auto parts retailers, and many Aftermarket Auto Parts will have “OEM” prominently displayed but followed by a qualifier such as “meets OEM standards”. Such auto parts are simply claiming to have been manufactured to the same specifications as OEM Auto Parts, which specifications may be unpublished and unknown.

“Auto-Shop Equipment” Means equipment and tools used in a maintenance or repair shop for maintenance work, repair work, or both ,on motor vehicles.

“Best Value Analysis” is an evaluation process that involves consideration and evaluation of various factors to determine the fairest and most reasonable pricing offered for the goods and services to be purchased, which pricing results in the best value for the purchaser.

“Closing” means the date and time by which Proposals must be received at the location identified on the Cover Page of this RFP.

“Cost Analysis” means the review and analysis of the cost elements that make up the price of the individual Auto Parts and Services.

“MSRP” means the price at which the manufacturer suggests that retailers sell the product.

https://oregonbuys.gov/bso/

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“OEM Auto Parts” means Original Equipment Manufacturer (“OEM”). New automotive parts manufactured by the original manufacturer of the equipment on which the part is installed.

“Rebuilt Auto Parts” means major automotive parts with repaired subassemblies or component parts.

”Remanufactured Auto Parts” means old automotive parts refurbished into new condition.

This generally involves disassembling, cleaning, inspecting, replacing parts, and then re-engineering and testing the part before it is returned to the marketplace. Remanufactured Auto Parts must meet OEM standards to be returned to the marketplace. Remanufactured parts often carry a strong warranty that will mitigate concerns about purchasing “remade” or “refurbished” parts.

“Traction Chains” means devices that are fitted to the tires on the drive wheels of vehicles to provide maximum traction when driving through snow and ice. Traction Chains also may be referred to as snow chains or tire chains. Traction Chains are usually sold in pairs and must be purchased to match a particular tire size (tire diameter and tread width).

“Used, Recycled or Repurposed Auto Parts” means automotive parts from a salvage yard or parts broker that are not Rebuilt Auto Parts or Remanufactured Auto Parts. Used, Recycled or Repurposed Parts are sold through a variety of outlets, including franchised and independent dealers.

2.3 OVERVIEW AND PURPOSE

2.3.1 Purpose

The purpose of this RFP is to establish a framework under one or more Price Agreements, whereby the State may obtain Auto Parts and Services while encouraging participation by local businesses and supporting the State’s economic development objectives. The State seeks to expand opportunities for qualified local suppliers and to facilitate efficient, fair, and transparent procurement consistent with applicable laws, rules, and policies. This Agreement is not intended to limit competition; rather, it is designed to make it easier for local businesses to compete and to be considered for awards where they meet the State’s requirements.

To that end, awards under this Agreement will be made within the specified categories set forth below and described further in Attachment E – Market Basket (“Categories”) that reflect the nature of the work and the needs of the program as well as by region that awarded vendors have the capability to service. Categories are established to ensure vendors are evaluated against comparable scopes and capabilities and to enable multiple awards where appropriate. For this Agreement, the State will utilize the following Categories, subcategories include but not limited to:

1. Body Hardware & Trim: Exterior Panels, Door Components, Interior Trim

2. Body Repair: Interior Structure, Tools & Repair Equipment

3. Body Systems: Cabin Modules, Electrical Looms

4. Brakes: Major Brake Components, Brake Hydraulics & Controls, Hardware & Springs, Valves, Brake Lines & Hoses, ABS / Sensors

5. Diagnostic Overview, Starting Point & Programming: Diagnostic Tools, Test Meters

6. Driveline / Axle: Axles & Shafts, CV & U-Joints, Differential System, Propulsion Linkages

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7. Driver Information & Entertainment: Gauges & Instruments, Lighting – Interior, Audio / Media

8. Engine / Propulsion: Engine Block & Rotation Assembly, Camshaft & Valve Train, Air & Fuel System, Induction & Cooling, Lubrication & Exhaust

9. Glass / Windows: Glass Panels, Motors & Regulators, Wash System

10. Heavy Equipment Parts

11. HVAC: A/C Components

12. Power & Signal Distribution: Harnesses & Wiring, Electrical Power, Starter & Ignition, Sensors, Switches & Relays

13. Restraints

14. Safety & Security: Locks & Security, Vehicle Warning & Lighting, Restraints, Air Bags

15. Seating: Seating Assemblies, Passenger Holds

16. Steering: Steering Linkage, Steering Systems

17. Suspension: Arms & Links, Springs, Dampers & Joints

18. Traction Tire Chains

19. Transmission: Clutch System, Gearbox, Transmission Housing & Drive, Belts & Gears

20. Training: Fleet Training Package, Fleet-specific Technical Training

21. Installation & Related Services

2.4 SCOPE OF WORK/SPECIFICATIONS

Auto Parts Scope of Work The purpose of this Scope of Work is to establish the requirements for providing automotive parts, components, and related supplies, installation and related services to support the maintenance and repair needs of State-owned vehicles and equipment. The Contractor shall supply new, high-quality auto parts that meet or exceed Original Equipment Manufacturer (OEM), Aftermarket Auto Parts, Rebuilt Auto Parts, Used, Recycled or Repurposed Auto Parts, Remanufactured Auto Parts, auto shop equipment, Traction Chains specifications, comply with all applicable industry standards, and are suitable for use by State fleet maintenance personnel.

Products must align with the State’s reliability, safety, and performance expectations.

The Contractor shall provide auto parts across designated product Categories, including but not limited to:

1. Body hardware & Trim

2. Body Repair

3. Body Systems

4. Brakes

5. Diagnostic Overview, Starting

Point & Programming

6. Driveline / Axle

7. Driver Information &

Entertainment

8. Engine / Propulsion

9. Glass / Windows

10. Heavy Equipment Parts

11. HVAC

12. Power & Signal Distribution

13. Restraints

14. Safety & Security

15. Seating

16. Steering

17. Suspension

18. Traction Tire Chains

19. Transmission

20. Training

21. Installation & Related Services

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Award of Categories will be based on the Contractor’s demonstrated ability to meet product requirements, pricing competitiveness, supply capabilities, delivery timelines, warranty terms, service support and Region availability. Contractors may be awarded one or multiple Categories, depending on qualifications and evaluation results.

The Contractor must maintain an adequate and reliable inventory, offer timely delivery to all State locations in awarded Regions, and provide responsive customer service throughout the term of the Agreement. This includes assisting end-users with part identification, cross-referencing needs, and verifying product compatibility. The State reserves the right to request additional product information, safety documentation, or technical specifications at any time. All activities performed under this Scope of Work shall comply with applicable State procurement rules, the terms of this Agreement, and any related ordering procedures.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS – WINDOWS AND GLASS ONLY

To be considered for evaluation, Proposers who propose for Windows and/or Glass must demonstrate how Proposer meets all requirements of this section:

3.1.1 Certification Requirements

Any Contractor providing services including windows or glass must employ an ADAS certified technician to perform Services. All windows and glass must comply with Advanced Driver Assistance Systems (“ADAS”) calibration standards. Contractor shall perform pre- and post-calibration scans and submit printed report to Authorized Purchaser prior to work beginning and once work has been completed. Contractor shall recalibrate all vehicles year 2020 and newer with windshield-mounted cameras or sensors.

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

• Key Persons and Resumes

• Recycling Program / Take Back Program

• Return Policy

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Market Basket (Catalog of all Proposed Goods/Services) (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

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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 must be labeled to indicate the item being addressed.

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

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx for electronic submission.

The Market Basket must be submitted as a separate electronic response file as a Microsoft Excel spreadsheet.

All submissions must be in the following format: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478). Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B), Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet. Attachment C must bear the Proposer’s authorized representative’s Signature.

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

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 Executive Summary

Proposer shall demonstrate a clear, high-level overview of needs outlined in Scope of Work, key capabilities and capacity to deliver, benefits vendor can provide to the State and end-users.

3.3.2 Technical Proposal

Proposer shall include information including, but not limited to:

• Understanding of scope and requirements

• Product offering and specifications https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

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• Volume capacity and supply chain management

• Delivery, Distribution and Logistics Plan

• Installation and Related Services Approach (if applicable to proposal)

• Customer Service and Technical Support

• Reporting and Contract Management

3.3.3 Key Persons – Account Manager

The Proposer must designate a Key Person (hereafter “Account Manager”) who will serve as the primary point of contact for all matters related to the State of Oregon and Oregon Cooperative Procurement Program (ORCPP). The proposal must clearly address the following:

Identification of Account Manager

The Proposer must provide the name, title, and contact information of the individual assigned as the Account Manager. The Proposal should also specify whether this individual is dedicated to the State and ORCPP account or supports multiple accounts.

Roles and Responsibilities

The Proposer must describe the Account Manager’s responsibilities, including but not limited to:

• Managing and monitoring all Purchase Orders submitted by the State and ORCPP members.

• Responding to questions, inquiries, and service requests.

• Addressing concerns, complaints, and escalation issues.

• Managing billing matters, invoice questions, corrections, and related financial communication.

• Coordinating with internal Proposer teams to ensure timely and accurate fulfillment.

Qualifications and Experience

The Proposer must provide a summary of the Account Manager’s relevant experience, including background in public-sector or large-scale contract management, training, certifications, and prior account oversight responsibilities.

Availability and Support Expectations

The proposal must describe the Account Manager’s availability, expected response times, backup personnel during absences, and any tools or systems used to support communication and issue tracking.

3.3.4 Recycling Program / Take Back Program

Proposer must outline any recycling program or take back program for items offered in a Price Agreement. If Proposer offers such a program, Proposer must outline the process of how to utilize the program and describe how “user friendly” it is for Authorized Purchaser use.

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3.3.5 Return Policy

The Proposer must provide a comprehensive Return Policy that clearly describes the following elements:

• Return Timeframe

The Proposer must specify the allowable period for returns, including:

o The number of calendar or business days in which returns may be initiated.

o Any conditions or limitations tied to the return window (for example, product condition, packaging, or authorization requirements).

• Cost Responsibility

The Proposer must state whether return shipping, restocking fees, or any other costs associated with returns are:

o Covered entirely by the Proposer, o Shared between the Proposer and the Authorized Purchaser, or o The responsibility of the Authorized Purchaser.

The explanation must be clear, detailed, and describe any exceptions that may apply.

• Return Process and Support

3.3.6 The Proposer must outline the step-by-step procedure for initiating and completing returns, including required documentation, points of contact, expected response times, and any support services offered.

3.3.7 Required Attachments:

3.3.7.1 Disclosure Exemption Affidavit (Attachment B)

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

3.3.7.2 Proposer Information and Certification Sheet (Attachment C) Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C). The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature, in one of the following above listed formats. Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

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

3.3.7.3 Reference Check Form (Attachment D)

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

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

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

Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal.

3.3.7.4 Market Basket (Catalog of Proposed Goods) (Attachment E)

3.3.7.5 Proposals will be evaluated and scored based on breadth of the Proposal’s market basket for Auto Parts and Services meeting RFP requirements; including but not limited to quantity of available parts.

3.3.7.6 COBID Certification / Outreach Plan (Attachment F)

3.3.7.7 Responsibility Inquiry (Attachment G)

Agency will determine responsibility of a Proposer prior to award and execution of a Price Agreement. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

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 CONFERNCE

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 Goods and Services;

• Explain the RFP process; and

• Answer any questions Proposers may have related to the Goods and Services or the process.

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

https://oregonbuys.gov/

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Interested parties may participate in the Pre-Proposal Conference by:

Microsoft TEAMS Meeting:

Join: https://teams.microsoft.com/meet/24053085533753?p=fzj9iTKlp3NDTfjPdO Meeting ID: 240 530 855 337 53 Passcode: oP78Et9K

Or by phone:

Phone Number: 1-503-446-4951 Conference ID #: 596 844 813#

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 email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

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

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

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 Price 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 Price 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.

https://teams.microsoft.com/meet/24053085533753?p=fzj9iTKlp3NDTfjPdO

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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 OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any 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:

4.5.1 Delivery through OregonBuys

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

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

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

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

4.7 PROPOSAL DUE

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

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

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

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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4.8 PUBLIC OPENING

A public Opening will not be held. A list of received Proposals will be posted to OregonBuys only the name of the Proposer will be disclosed on this list. 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

Agency may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

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

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

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

4.10 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 Submission Requirements) and Section 3.2 (Proposal Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

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

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

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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 Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 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 Technical Proposal (40 total points possible)

4.10.2.2 Key Persons – Account manager (20 total points possible)

4.10.2.3 Recycling Program / Take Back Program (20 total points possible)

4.10.2.4 Return Policy (20 total points possible)

4.10.2.5 Market Basket (Catalog of Proposed Goods) (20 total points possible)

4.10.3 PREFERENCES

4.10.3.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage decrease to each out-of-state Proposer's Proposal total score that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

SCORE EXPLANATION

76% - 100%

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

51% - 75% 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.

26% - 50% 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% - 25% 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.

https://www.naspo.org/reciprocity1

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4.10.3.2 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.10.3.3 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

1 Technical Proposal 40

2 Key Person / Resume 20

3 Recycling / Take Back Program 20

4 Return Policy 20

5 Market Basket 20

TOTAL POINTS POSSIBLE: 120

4.12 RANKING OF PROPOSERS

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

SPC will determine the rank of each Proposal by region, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

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

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4.13.1 Competitive Range Determination

If Agency, 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 Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are non-Responsive.

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

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

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

Chapter 279B or ORS Chapter 279A.

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

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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

Agency 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 Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C 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 Agency 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 must be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Price Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

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

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5.3.5 Nondiscrimination in Employment

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

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

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

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

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

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Price Agreement listed below. However, Agency 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.

Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 60 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

5.4.2 Contractor Selection Methodology

In the event multiple Price Agreements are awarded, Authorized Purchaser(s) will select Contractor based on a best value analysis that includes cost as a significant factor.

Authorized Purchaser(s) will document the bast value analysis used for each order.

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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, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=o regon4biz

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

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

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, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. 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 website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Price Agreement.

(ORS 279B.025)

https://www.oregon.gov/das