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STATE OF OREGON

COVER PAGE

Oregon Department of Administrative Services, State Procurement Services on behalf of Oregon Department of Administrative Services, Enterprise Asset Management

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00017049 for

HVAC WATER TREATMENT – HOT/COLD WATER SYSTEMS

SERVICES FOR DAS-OWNED BUILDINGS

Date of Issue: Thursday, August 6, 2026

Opening Date and Time: Monday, October 5, 2026 4:00 PM PST

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

Address: 1225 Ferry St. SE City, State, Zip Salem, OR 97301 Phone (971) 707-0016 E-mail: Nathan.Ramos@DAS.Oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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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 STATEMENT OF THE SERVICES

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

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT FOR SERVICE

EXHIBIT A: STATEMENT OF THE SERVICES

EXHIBIT B: EQUIPMENT, PRICING, AND SITE LIST

EXHIBIT C: KEY PERSONNEL CONTACT INFORMATION

EXHIBIT D: REQUIRED INSURANCE

EXHIBIT E: INDEPENDENT CONTRACTOR CERTIFICATION

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM(S)

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H KEY PERSONS AND RESUMES

ATTACHMENT I SAMPLE SERVICE REPORT

ATTACHMENT J CHEMICAL SAFETY DATA SHEET

ATTACHMENT K CHEMICAL LABELS

ATTACHMENT L WRITTEN SAFETY PROCEDURES

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of Department of Administrative Services, Enterprise Asset Management (“DAS EAM”) or, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Water Treatment – Hot/Cold Water System Services for DAS-Owned Buildings.

The purpose of this RFP is to award a Contract for Services (“Contract”) that will allow DAS EAM to purchase Services for the management of HVAC Water Treatment Services to Hot/Cold Water Systems for monthly preventative maintenance, testing, repairs, replacement of equipment, services, and provide technical support to include; all water treatment services for heating water systems, cooling towers, and chill water systems for DAS-owned facilities.

Additional details on the Scope of the Services are included in the Attachment A – Sample Contract, Exhibit A – Statement of the Services.

DAS SPS anticipates the award of one (1) Contract from this RFP.

The initial term of the Contract is anticipated to be two (2) years with options to renew in two

(2) year increments.

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.

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Event Date Time

Mandatory Pre-Proposal Conference Thursday, September 3, 2026 10:00 AM

Questions / Requests for Clarification Due Friday, September

18, 2026 4:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) Wednesday, September 23, 2026

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) Monday, October 5, 2026 4:00 PM

Opening of Proposal Monday, October 5, 2026 4:00 PM

Mandatory Presentations, Demonstrations, or Interviews

Thursday, October 29, 2026

See Section 4.10.3 Interviews

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

17, 2026 4:00 PM

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

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct ALL communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

DAS SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS SPS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

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

“HVAC”: means Heating, Ventilation, and Air Conditioning.

“Technician(s)”: means the person or persons providing the Services to the State and who will be working directly with the HVAC Water Treatment Systems.

“DAS-Owned”: means building real estate that is either owned outright or leased by the State of Oregon and that DAS EAM is responsible for all maintenance and building Services.

“State”: means the State of Oregon

“Safety Data Sheet (“SDS”)”: means a document provided to Proposer from a chemical manufacturer that indicates hazardous identification, safe operation, and emergency response information.

“Chemical Label” means the label from the manufacturer for the chemical being used in the HVAC water treatment process.

“OSHA” means Occupational Safety and Health Administration.

“PPE” means Personal Protective Equipment.

“HAZCOM” means Hazardous Communication.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

2.3.2 DAS EAM is responsible for all phases of life-cycle management for a variety of state assets including facilities, real estate, vehicles, and property slated for disposal.

Providing these value-added services frees up our customers to focus on their primary mission.

DAS EAM manages the maintenance for sixty-seven (67) DAS-owned buildings in Eugene, Pendleton, Portland (including Clackamas, Hillsboro, and Wilsonville), and Salem Oregon.

DAS EAM is responsible for ensuring the proper maintenance, repairs, inspections, and other Services for all HVAC systems on DAS-owned buildings. These systems are large industrial systems that range in size and complexity.

2.3.3 Purpose

DAS EAM is seeking a highly qualified and experienced Contractor to ensure the continuous operation of these systems in the most environmentally safe and efficient way possible.

2.4 STATEMENT OF THE SERVICES

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

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A complete list of the Statement of the Services can be found in Attachment A – Sample Contract, Exhibit A – Statement of the Services.

During the life of this Contract additional facilities and equipment may be added to the Statement of the Services. Additional facilities and equipment will be similar in nature to the current equipment listed in Attachment A – Sample Contract, Exhibit B – Equipment, Pricing, and Site List.

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 Criminal Records Check

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

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

3.2 MINIMUM 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):

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons and Resumes (Attachment H)

• Sample Service Report with Test Results (Attachment I)

• Chemical Safety Data Sheets (Attachment J)

• Chemical Labels (Attachment K)

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• Written Safety Procedures (Attachment L)

3.2.2 Proposal Format and Quantity

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

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

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

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

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

3.2.3 Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the 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 Attachment B – Disclosure Exemption Affidavit (NOT SCORED)

Proposer shall complete and submit the Attachment B – Disclosure Exemption Affidavit even in the event that Proposer does not intend to exempt any of its Proposal from disclosure.

3.3.2 Attachment C – Proposer Information and Certification Sheet (NOT SCORED)

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

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

3.3.3 Attachment D – Reference Check Form(s) (SCORED)

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

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

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

Reference forms must be completed by the reference and attached to its Proposal in OregonBuys.

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

Four (4) references received for a Proposer with a completed satisfaction score of forty (40) and thirty (30) may receive thirty (30) points.

Four (4) references received for a Proposer with a complete satisfaction score of between thirty (30) and twenty (20) may receive a score of twenty (20) points.

Four (4) references received for a Proposer with a completed satisfaction score of between twenty (20) and fifteen (15) may receive a score of ten (10) points.

If less than four (4) references are received for a Proposer or the completed satisfaction score is below fifteen (15) the Proposer may receive a score of zero (0).

Proposer shall submit reference names and contact information. DAS SPS will make three

(3) attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero (0) for that reference.

3.3.4 Attachment E – Price Proposal Form (SCORED)

Proposer shall complete and submit with its Proposal a completed Attachment E – Price Proposal Form. Price evaluation information is contained in Section 4.10.2 Price Evaluation.

3.3.5 Attachment F – COBID Certification / Outreach Plan (NOT SCORED)

Proposer shall complete and submit with its Proposal the Attachment F – COBID Certification / Outreach Plan whether it applies to the Proposer or not. Proposers who do not complete and return the form may be found unresponsive and their Proposal may not be considered for evaluation.

3.3.6 Attachment G – Responsibility Inquiry (NOT SCORED)

Proposer shall complete and submit with its Proposal the Attachment G – Responsibility Inquiry. Proposers who do not complete and return the form may be found unresponsive and their Proposal may not be considered for evaluation.

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3.3.7 Attachment H – Key Persons and Resumes (SCORED)

Proposer shall complete and submit with its Proposal Attachment H – Key Persons and Resumes or provide the information in a readable and printable format. The information contained in the Attachment H – Key Persons and Resumes must include at a minimum:

• Technician(s) Name and contact information (if different from Proposers contact information).

• Email address.

• Title/Function.

• Technician(s) complete resume.

• Confirmation that Technician(s) are trained under OSHA HAZCOM standards.

• Clearly identify that Technician(s) has at least six (6) years of experience providing Services included in the Attachment A – Sample Contract, Exhibit A – Statement of the Services. The experience of multiple Technicians may be cumulative to meet the six (6) years of experience.

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

A Proposer that returns Attachment H showing that Technician(s) have at least six (6) years of relevant experience will receive a score of ten (30) points.

A Proposer that returns Attachment H showing that Technician(s) have at least five (5) years of experience will receive a score of ten (20) points.

A Proposer that returns Attachment H showing that Technician(s) have at least four (4) years of experience will receive a score of ten (10) points.

A Proposer that returns Attachment H shows that Technician(s) have at least three (3) years of experience will receive a score of five (5) points.

A Proposer that does not return or returns Attachment H showing that Technicians have only two (2) or less years of experience will receive zero (0) points.

3.3.8 Attachment I - Sample Service Report (SCORED)

Proposer shall submit with its Proposal a sample service report.

The sample service report must be readable, easily understood by the HVAC Manager, and in a printable format. Any proprietary information from a sample written test report with results may be redacted.

Attachment I – Sample Service Report will be scored as follows:

A sample service report that includes the following elements will receive one hundred (100) points.

• Water test results and ranges.

• Written graph of month-to-month trends.

• Contains a summary of system conditions.

• Contains the changes made by Technician(s).

• Contains recommendations for corrections or improvements.

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• Contains notes on the condition of chemical feed equipment.

• Contains notes on visual inspection.

• Is complete, professional, easily readable, and includes the following information,

• Date and Time of Service

• Technician(s) name(s)

• Site and system serviced

• Test methods used

• Chemical inventory

• Verification signature(s) A sample service report that is missing one (1) of the above elements will receive ninety

(90) points.

A sample service report that is missing two (2) of the above elements will receive eighty

(80) points.

A sample service report that is missing three (3) of the above elements will receive seventy

(70) points.

A sample service report that is missing more than three (3) of the above elements or is not submitted with Proposers Proposal will receive zero (0) points.

3.3.9 Attachment J – Chemical Safety Data Sheets (SCORED)

Proposer shall submit with its Proposal all chemical safety data sheets (SDS) for all chemicals used in the HVAC water treatment process.

Attachment J- Chemical Safety Data Sheets will be scored as follows:

A Proposer returning all SDS with its proposal will receive ten (10) points.

A Proposer missing one (1) SDS will receive five (5) points.

A Proposer missing two (2) or more SDS will receive zero (0) points.

3.3.10 Attachment K – Chemical Labels (SCORED)

Proposer shall submit with its Proposal all chemical labels for each chemical used in the HVAC water treatment process. All Chemical Labels must meet OSHA standards and compliance

Attachment K – Chemical Labels will be scored as follows:

A Proposer returning all chemical labels with its proposal will receive ten (10) points.

A Proposer missing one (1) chemical label will receive five (5) points.

A Proposer missing two (2) or more chemical labels will receive zero (0) points.

3.3.11 Attachment L - Written Safety Procedures (SCORED)

It is imperative that the Proposer understands and has written safety procedures in place

DAS Procurement Services, Version 4.5 March 31, 2023 Page 12 of 23 and be available to Technician(s) while providing HVAC Water Treatment Services.

Proposer shall complete and submit with its Proposal written safety procedures. These procedures at a minimum should include:

• Proposers understanding of proper chemical safety & handling.

• A written process for updating SDS and that the SDS are accessible to onsite Technician(s).

• A written process for handling environmental accidents and a written spill response plan.

• Written worker safety procedures including PPE including gloves, goggles/face shields, respirators (if applicable), and protective clothing guidelines.

• System specific safety guidelines including startup/shutdown procedures for cooling towers and boilers.

• Written procedure for the control of Legionella and other biological growth in cooling towers.

• Written steps for protecting workers and building occupants during Legionella risk events.

• Written procedure for proper waste handling and disposal that demonstrate compliance with local/state environmental law.

• A written procedure for emergency and incident reporting. This includes how the Proposer will notify the Agency of any emergencies or incidents with chemicals, workers, or the public.

The Attachment L – Written Safety Procedures will be scored as follows:

Written safety procedures that are comprehensive, detailed, fully documented, exceed minimum requirements. Will receive twenty (30) points.

Written safety procedures that are strong, clearly defined, complete, and meet all requirements. Will receive fifteen (20) points.

Written safety procedures, that is adequate, meet minimum expectations, with some details missing. Will receive ten (15) points).

Written safety procedures that are Weak, partially addresses, missing important elements.

Will receive five (10) points.

Written safety procedures that are Poor, barely addressed, vague, incomplete. Or not provided with Proposers Proposal will receive zero (0) points.

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC NOTICE

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

Modifications, if any, to this RFP will be made by written Amendment(s) published in https://oregonbuys.gov/

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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 MANDATORY Pre-Proposal conference will be held for this RFP. The MANDATORY Pre- Proposal conference will be held online through Microsoft Teams.

To join the conference use the following link or call in information:

THURSDAY, SEPTEMBER 3, 2026 10:00AM PST

https://teams.microsoft.com/meet/267111283993088?p=OdpSZQolqGXW9zpKlU

Meeting ID: 267 111 283 993 088

Passcode: MW7SP2bg

Or via telephone at:

+1 503-446-4951 United States, Portland

Find a local number

Phone conference ID: 756 024 213#

If you are having trouble entering the conference, please contact the SPC Nathan C. Ramos at Nathan.Ramos@DAS.Oregon.gov, or (971) 707-0016.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via an OregonBuys submission or email;

• Reference the OregonBuys bid number S-10700-00017049;

• Identify Proposer’s name and contact information;

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

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

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below https://teams.microsoft.com/meet/267111283993088?p=OdpSZQolqGXW9zpKlU tel:+15034464951,,756024213 https://dialin.teams.cloud.microsoft/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=756024213 mailto:Nathan.Ramos@DAS.Oregon.gov

DAS Procurement Services, Version 4.5 March 31, 2023 Page 14 of 23 and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

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

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. DAS SPS is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

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

Delivery through OregonBuys

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

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

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

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

4.7 PROPOSAL DUE

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

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

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

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION

DAS SPS may reject a Proposal for any of the following reasons:

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

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

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

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

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

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to

DAS Procurement Services, Version 4.5 March 31, 2023 Page 16 of 23 all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, DAS SPS may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

DAS SPS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Attachment G – Responsibility Inquiry Form with Proposal.

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

4.10.2 PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 3.3.4, the Price Proposals from Proposers will be opened and scored as follows:

• Proposer with the lowest Price Proposal will receive twenty (20) points.

• Proposer with the second lowest Price Proposal will receive ten (10) points.

• Proposer with the third lowest Price Proposal will receive five (5) points.

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

4.10.3 INTERVIEWS (SCORED)

The Evaluation Committee members will be performing interviews of Proposers Key Persons, after the Opening of the RFP during the Evaluation period.

Interviews will be scored on the following knowledge areas and may receive the following scores for each knowledge area.

Knowledge of Safety, Chemicals, PPE, and Container Disposal – fifteen (15) points.

System Experience – twenty-five (25) points.

Testing, Reports, and Corrective Action – twenty (20) points.

Chemical Feed Equipment and Chemical Racks – fifteen (15) points.

Cooling Tower and Legionella Risk Reduction – ten (10) points.

Staffing, Emergency Response, and Communication Plans – ten (10) points.

Importance of Water Treatment – five (5) points.

Each Proposer that moves forward to the interview phase will be contacted by the SPC to schedule a time for the interview.

4.10.4 PREFERENCES

4.10.4.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS

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279A.128, DAS SPS shall subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.4.2 Reciprocal Preference

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

4.10.4.3 Recycled Materials

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

4.10.4.4 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

The SPC will take the total number of points from each criterion and divide by the number of evaluators.

EXAMPLE:

Proposer A receives scores of 10, 10, 20, and 15 for criterion worth 30 points. The SPC adds the points together for a total of 55 points. The SPC then divides the total points by the number of evaluators, in this case four (4) 55/4= 13.7. Proposer B receives scores of 30, 20, 30, and 20 for the same criterion worth 30 points. The SPC adds the points together for a total of 100 points.

100/4=25 points. Proposer B would be selected for this criterion.

4.12 RANKING OF PROPOSERS

TOTAL POINTS POSSIBLE: 330

3.3.3 Attachment D – Reference Check Form(s) 30

3.3.4 Attachment E – Price Proposal Form 20

3.3.7 Attachment H – Key Persons and Resumes 30

3.3.8 Attachment I – Sample Written Service Report 100

3.3.9 Attachment J - Chemical Safety Data Sheets 10

3.3.10 Attachment K - Chemical Labels 10

3.3.11 Attachment L - Written Safety Procedures 30

4.10.3 Interviews 100

https://www.naspo.org/reciprocity1

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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). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

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

DAS SPS may, in DAS SPS’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS SPS will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

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:

• Second 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 S-10700-00196074;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest; and

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

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

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DAS SPS will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by DAS SPS.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are non-Responsive.

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

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

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

Chapter 279B or ORS Chapter 279A.

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

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number S-10700-00196074;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within seven (7) calendar days of the Intent to Award notice.

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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 Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS SPS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Attachment A – Sample Contract, Exhibit D – Required Insurance.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by DAS SPS or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

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

5.3.4 Responsibility Inquiry

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

5.3.5 Pay Equity Certification

If selected for award and the Contract/Price 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 Contract/Price Agreement.

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract/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 http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services, Version 4.5 March 31, 2023 Page 21 of 23 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 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

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

Following the selection of the apparent successful Proposer, DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, DAS SPS is not required to make any changes, and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

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

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within twenty (20) calendar days, DAS SPS may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

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6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS SPS encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

DAS SPS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Attachment F - Certified Disadvantaged Business Outreach Plan. Prior to execution.

6.3 GOVERNING LAWS AND REGULATIONS

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

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

All Proposals submitted in response to this RFP become the Property of DAS SPS. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract/Price Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS

192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by DAS SPS.

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

Pursuant to ORS 279B.100, DAS SPS may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or DAS SPS, as determined by DAS SPS. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

6.6 COST OF SUBMITTING A PROPOSAL

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

3.3 PROPOSAL REQUIREMENTS