RFP Solicitation #: S-44000-00013698 Supplemental Disability Benefits

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STATE OF OREGON

COVER PAGE

Department of Consumer and Business Services

Workers’ Compensation Division

Is issuing this Request For Proposals (RFP) under OregonBuys

Bid Number S-44000-00013698 for

SUPPLEMENTAL DISABILITY BENEFITS PROCESSING

Date of Issue: July 3, 2025

Bid Opening Date and Time: August 15, 2025 at 2:00 PM (PT)

Single Point of Contact (SPC): Franie Wilkins, Procurement and Contract Specialist

Address: 350 Winter Street NE

City, State, Zip: Salem, OR 97301

Phone: 971-375-7759

Email: frances.j.wilkins@dcbs.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)

1.4 OREGONBUYS

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 (Pass/Fail)

3.2 MINIMUM SUBMISSION REQUIREMENTS (Pass/Fail)

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 RANKING OF PROPOSERS

4.12 NEXT STEP DETERMINATION

4.13 COMPETITIVE RANGE 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

6.9 CHECKLIST DISCLAIMER

SECTION 7: Attachments Attachment A - Sample Contract Attachment B - Disclosure Exemption Affidavit Attachment C - Proposer Information And Certification Sheet Attachment D - Reference Check Form Attachment E - COBID Certification / Outreach Plan Attachment F - Responsibility Inquiry Attachment G – Key Persons Exhibit Attachment H – Wage Calculation Assessment Attachment I – Checklist

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Consumer and Business Services, Workers’ Compensation Division (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Supplemental Disability Benefits (SDB) Processing Services.

Oregon Revised Statutes (ORS) 656.210(5) allows an insurer to elect not to process and pay supplemental disability benefits for workers who are disabled from more than one job. The resulting Contract from this RFP will establish an assigned processing agent to process supplemental disability benefits on behalf of the Agency for insurers that elect not to process or pay the benefits.

Additional details on the Scope of the Goods or Services or both are included in Section 2.4, Scope of Work/Specifications section.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be five (5) years with options to renew up to a cumulative maximum of ten (10) years.

The anticipated value of the Services described in this RFP is estimated to be $2,000,000.00 for the cumulative Contract term.

Agency makes no representation or guarantee regarding any specific quantity of Services will be requested under the awarded Contract.

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 N/A

Questions / Requests for Clarification Due July 18, 2025 5:00 PM

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

RFP Protest Period Ends 7 calendar days prior to RFP Bid Opening Date

Bid Opening (Proposal Due) August 15, 2025 2:00 PM

Opening of Proposals August 15, 2025 2:30 PM

Issuance of Notice of Intent to Award (approx.) September 15, 2025

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 must 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.

1.4 OREGONBUYS

OregonBuys is the State of Oregon’s procure-to-pay eProcurement solution. All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website:

https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. Agency accepts no responsibility for incorrect vendor information.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP under the authority of the Department of Administrative Services (DAS) delegation REQ-DASOBO-00046173, Supplemental Disability Benefits Processing Services.

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 and Attachment A, Sample Contract, Exhibit A, Statement of Work, capitalized words are defined in OAR 125-246-0110 or as defined below.

2.2.1 General Definitions

• “Assigned Processing Administrator” as described in OAR 436-060-0035(2)(d)(A) means a person who is authorized to process and pay supplemental disability benefits on behalf of the director.

• “Claims Examiner” as defined in OAR 436-055-0005(1) means anyone who has primary responsibility for decision making or benefit determination in a claim.

• “Director” as defined in OAR 436-060-0005(8) means the Director of the Department of Consumer and Business Services, or the director’s designee.

• “Insurer” as defined in OAR 436-060-0035(1)(e)has the same meaning as OAR 436- 060-0005(13) and includes service companies as defined in OAR 436-060-0005(17).

• “Irregular Wages” as defined in OAR 436-060-0005(19)(a) means a variable pay rate at which the service rendered is recompensed under the contract of hiring in force at the https://oregonbuys.gov/bso

DAS PS V4.5_March 31, 2023 Page 5 of 27 time of the accident, and it includes but is not limited to tips, commissions, monies paid on unscheduled or unpredictable intervals, including, but not limited to, workers who are seasonally employed, on call, paid hourly at varying hours, or paid by piece rate, and the reasonable value of any in-kind considerations only if the considerations will not continue during the period of disability.

• “OAR” means Oregon Administrative Rule.

• “ORS” means Oregon Revised Statute.

• “Process Claims” as defined in OAR 436-055-0005(6) means the determination of compensability and management of workers’ compensation claims.

• “Primary Job” as defined in OAR 436-060-0035(1)(a) means the job at which the injury occurred, or the job where the worker was employed at the time of medical verification that the worker is unable to work because of disability caused by occupational disease.

• “Secondary Job” as defined in OAR 436-060-0035(1)(b) means any other job held by the worker in Oregon subject employment at the time of injury.

• “Statistical Reports” for purposes of these Services, means any report Agency requests, or is required by law, that is in addition to Contractor’s standard monthly request for reimbursement report.

• “Supplemental Disability” as defined in OAR 436-060-0035(1)(d) means wage loss replacement for the secondary jobs that exceeds the temporary disability, up to, but not exceeding, the maximum established by ORS 656.210.

• “Temporary Disability” as defined in OAR 436-060-0035(1)(c) means wage loss replacement for the primary job.

2.2.2 Crosswalk of Terms used in OregonBuys

• “Bid Amendment” means “Addendum” or “Addenda”, as defined in OAR 125-246- 0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Bid Amendment.

• “Bid Opening” means “Closing” as defined in OAR 125-246-0110(7). In OregonBuys it is the deadline for submitting Quotes (Bids, Offers, Proposals, or other required responses) required by a Bid Solicitation.

• “Bid Solicitation” means any form of opportunity, solicitation or notice: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

• “Quote” means any form of offer submission by vendors; i.e., Bids, Offers, Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

• “Vendor” means any form of business entity registered in OregonBuys.

• “Purchaser” means the single point of contact for this RFP is identified as the “Purchaser” along with Purchaser’s “Info Contact” (including email address) in OregonBuys.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

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The Department of Consumer and Business Services is Oregon’s largest regulatory agency. It administers state laws and rules and protects consumers and workers in the areas of workers’ compensation, occupational safety and health, financial services, insurance and building codes.

The Workers’ Compensation Division under the Department of Consumer and Business Services, administers, regulates, and enforces the law to protect benefits related to workers' on-the-job injuries and illnesses, while maintaining a predictable yet innovative regulatory environment for businesses. Workers, employers, insurance companies, medical and vocational providers, attorneys, service companies, and others participate in the workers' compensation system. The division is led by the Administrator's Office and is organized into four sections: Performance, Resolution, Operations, and Modernization. Its mission is to “ensure an equitable workers’ compensation system for all.”

2.3.2 Project Overview and Background

Under Oregon Workers’ Compensation statutes and rules, a worker who was employed at one or more secondary jobs with Oregon subject employers at the time of injury or medical verification of an occupational disease may be eligible to receive supplemental disability if they meet the requirements of OAR 436-060-0035. When a worker employed in Oregon is temporarily disabled due to a workplace injury, an Insurer may elect to be responsible for payment and processing of supplemental disability benefits to the worker if employed in more than one job at the time of the injury.

Oregon Revised Statute (ORS) 656.210(5) allows an Insurer to elect not to process and pay supplemental disability benefits for workers who are disabled from more than one job. The resulting Contract from this RFP will establish an Assigned Processing Administrator to process supplemental disability benefits on behalf of the Agency for Insurers that elect not to process or pay the benefits.

Under OAR 436-060-0035, if an Insurer has elected not to process and pay supplemental disability benefits, the Insurer must notify the Director (Agency) and the Agency will assign the claim to a Processing Administrator who is authorized to process and pay supplemental disability benefits on behalf of the Agency. Generally, the Assigned Processing Administrator must determine the worker’s eligibility for supplemental disability within 14 days of receipt of the worker’s verifiable documentation of the worker’s wages from any secondary jobs and pay the worker supplemental disability benefits due once each 14 days.

2.3.3 Purpose

The purpose of this RFP is to solicit Proposals from qualified Proposers for the processing of supplemental disability benefits on behalf of Agency for Insurers that elect not to process and pay these supplemental benefits to injured workers.

2.4 SCOPE OF WORK/SPECIFICATIONS

As the Assigned Processing Administrator, Proposer must process, pay, and administer all supplemental disability requests pursuant to, and in accordance with, the requirements of the Oregon Workers’ Compensation laws for the duration of the resulting contract from this RFP.

Insurers who choose not to process and pay supplemental disability benefits will directly communicate with the Assigned Processing Administrator.

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See Attachment A, Sample Contract for further details.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (PASS/FAIL)

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

3.1.1 Proposer Minimum Requirements

Proposer must meet or exceed the following:

3.1.1.1 Five (5) years’ experience in the last seven (7) years processing and administering Oregon workers’ compensation benefits.

3.1.1.2 Must be an Oregon registered service company as outlined in ORS 731.475 and

OAR 436-050-0110 & 0210.

3.1.2 Claims Examiner Requirements

3.1.2.1 Proposer must comply with OAR 436-055-0100 as related to employing Oregon certified claims examiners.

3.1.3 Key Person Requirements

Proposer must employ or subcontract key person(s) that meet all the requirements in this section. Proposer may submit one or more key person(s) so long as all requirements are met.

3.1.3.1 Must have a minimum of two (2) years’ experience processing and administering Oregon workers’ compensation benefits within the last three (3) years.

3.1.3.2 Must have and maintain a valid Oregon certification for claims processing throughout the term of the Contract.

3.1.3.3 Must have primary responsibility for all claims examiner trainee or temporary claims examiner activities related to the determination of compensability and management of a claim including, but not limited to, calculating benefits and authorizing payments to workers.

3.2 MINIMUM SUBMISSION REQUIREMENTS (PASS/FAIL)

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements, further detailed in Proposal Requirements, Section 3.3 below:

Mandatory

• Executive Summary

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• Administrative Proposal

• Technical Proposal

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

• Key Persons and Resumes

• Key Persons Exhibit (Attachment G)

• Wage Calculation Assessment (Attachment H)

Optional

• Disclosure Exemption Affidavit (Attachment B)

• Redacted Proposal

Note: Disclosure Exemption Affidavit (Attachment B) is required only if any part of Proposal is exempt from disclosure under Oregon Public Records Law. See Section 3.3.8 for further details.

3.2.2 Proposal Page Limits

There is no page limit for this Proposal.

3.2.3 Proposal Format and Quantity

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

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

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

3.2.4 Authorized Representative

A representative authorized to bind the Proposer must sign the Proposal. 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 must 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

DAS PS V4.5_March 31, 2023 Page 9 of 27 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 (Mandatory, Scored)

Proposals must include an executive summary, no more than two (2) pages, which condenses and highlights the contents of the Proposal, including an overview of the Proposer's understanding of the contents of the RFP, and a description of how the Proposer generally intends to meet the RFP requirements.

The Executive Summary will be evaluated as per section 4.10.2.

3.3.2 Administrative Proposal (Mandatory, Scored)

Describe in detail Proposer’s experience conducting supplemental benefits claims processing as related to the requested Services.

The Administrative Proposal must document in detail how the Proposer meets the minimum proposer requirements noted in section 3.1 as well as how Proposer meets and will maintain claims examiner requirements as outlined in section 3.1.2.1 and responsibilities in compliance with OAR 436-055-0100. Proposer should describe knowledge, skills and experience as related to the requested Services, including knowledge of Oregon Workers’ Compensation laws and rules.

Administrative Proposal should include the number of Oregon certified examiners Proposer employs or subcontracts.

The Administrative Proposal will be evaluated as per section 4.10.2.

3.3.3 Key Persons (Mandatory, Scored)

Specify Key Persons to be assigned to these Services and include a current resume (not to exceed two pages each) for each individual that demonstrates qualifications and experience for the Services described in this RFP. Proposer must document in detail how the Key Person(s) meets the minimum requirements of Section 3.1.3.

Key Persons will be evaluated as per section 4.10.2.

3.3.4 Key Persons Exhibit (Mandatory, Not Scored)

Proposer must complete and submit the Key Persons Exhibit, Attachment G. Proposer must list Key People responsible for assuring the Services provided under the Contract are performed in descending order, starting with the Key Person with the highest qualifications, number one (1) Key Person and so forth.

3.3.5 Technical Proposal (Mandatory, Scored)

Provide a comprehensive management plan that the Proposer intends to follow, including procedures to meet the requirements of section 2.4, Scope of Work/Specifications, including Exhibit A, Statement of Work of Attachment A, Sample Contract. Illustrate how the plan will serve to coordinate and accomplish the work, including but not limited to meeting the requirements of the Services. Describe how the management plan will serve to coordinate and facilitate successful delivery of the Services. Describe the procedures Proposer will use

DAS PS V4.5_March 31, 2023 Page 10 of 27 in making review determinations and strategy to meet statutory requirements. Proposal must include details on Proposer’s process for maintaining confidentially of personal claimant data used for these Services.

Proposal must include details on how Proposer plans to assume responsibility and management of existing claims, including timelines for preventing delays for Oregon workers. This process will be discussed and approved by Agency during Contract negotiations with the awarded Proposer.

Proposal must include details of Proposer’s data back up and disaster recovery plan for both electronic and hard copy files.

The Technical Proposal will be evaluated as per section 4.10.2.

3.3.6 Wage Calculation Assessment (Mandatory, Scored)

Proposer must complete and submit the Wage Calculation Assessment, Attachment H.

Attachment H must be submitted as a separate document from the remainder of the Proposal.

The Wage Calculation Assessment will be evaluated as per Section 4.10.2.4.

3.3.7 Price Proposal (Mandatory, Scored)

Agency is electing not to have quotes entered in OregonBuys on the items tab directly.

For OregonBuys purposes only, when completing the quote process on the items tab, enter a cost of $1.00.

The successful Proposer will be reimbursed for all supplemental disability benefits paid.

Agency requests that Proposers include a proposed compensation plan that allows for a reasonable profit. Since reimbursement will cover the costs of paying supplemental disability benefits to injured workers, propose an appropriate method such as an administrative fee or other suitable mechanism that will ensure Proposer is fairly compensated for the time, effort, and resources associated with processing claims for supplemental disability.

Proposer must submit an outline of the compensation plan and justification for this component in the Price Proposal. Agency will evaluate the financial sustainability and completeness of the approach.

Proposed Scenario: Proposed compensation should be based on 500 number of supplemental disability benefits processed and paid for a 12 month period.

Price Proposals must be firm for a period of 180 days from the Bid Opening of the RFP while negotiating the awarded Contract.

If Agency requires clarification of any pricing information included in the Proposer’s Price Proposal, Proposer must provide clarification within two (2) business days (Monday – Friday, state observed holidays excluded) or the Proposal may be rejected as non-responsive at the sole discretion of the Agency.

The Price Proposal will be evaluated as per section 4.10.5.

3.3.8 Disclosure Exemption Affidavit (Optional, Not Scored)

All Proposals are public record and are subject to public inspection after Agency issues the

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Notice of the Intent to Award. Attachment B is required only if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478).

If Proposer believes any of the Proposal is exempt from public disclosure:

• Proposer must complete and submit the Disclosure Exemption Affidavit, Attachment B.

• Proposer must submit a fully redacted version of its Proposal, clearly identified as the redacted version. This is in addition to submitting a non-redacted Proposal.

• Proposer must mark as “Confidential” on all OregonBuys attachments that the Proposer believes are exempt from public disclosure.

Proposer is cautioned that cost information is generally not considered a trade secret under Oregon Public Records Law and identifying the Proposal, in whole, as exempt from disclosure is not permissible. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

3.3.9 Proposer Information and Certification Sheet (Mandatory, Not Scored)

Proposer must complete and submit the Proposer Information and Certification Sheet, Attachment C. The Proposer Information and Certification Sheet must bear the Proposer’s authorized representative’s signature.

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

3.3.10 References (Mandatory, Scored)

Proposer must provide three (3) references on the provided Reference Check Form, Attachment D, from current or former client firms for similar Services performed within the last two (2) years. References must be able to verify the quality of previous, related work.

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 must submit the Reference Check Form, Attachment D, with reference names and contact information. Agency 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.

References will be evaluated as per section 4.10.4.

Proposer Note: Three (3) references are required. If the Proposer submits more than three

(3) references, only the first three (3) references will be used.

3.3.11 Certified Disadvantaged Business Outreach Plan (Mandatory, Not Scored)

Proposer must complete and submit the Certified Disadvantaged Business Outreach Plan, Attachment E. See section 6.2 for further details.

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Proposer may note the response as “Not Applicable (N/A)” if appropriate.

3.3.12 Proposer Responsibility Inquiry (Mandatory, Not Scored)

Proposer must complete and submit the Proposer Responsibility Inquiry, Attachment F. See section 4.10.1.2 for further details.

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

In addition, Agency reserves the right to post information about this RFP on its website, Department of Consumer and Business Services, under News & Information. Solicitation documents will not be available on Agency website.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

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.

Questions and answers will be recorded in a Questions and Answers (Q&A) document and entered into OregonBuys as a Bid Amendment. Agency will also provide the Q&A document by reply email to the requestor.

Proposers are solely responsible to check OregonBuys for any Questions and Answers.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

https://oregonbuys.gov/ https://www.oregon.gov/DCBS/Pages/index.aspx

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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 Bid Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Bid Amendment(s)

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

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 https://oregonbuys.gov/bso/view/login/login.xhtml 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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Proposer must submit one original copy of its Proposal and all other submittal requirements.

Documents must be submitted using one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx), following the layout indicated below.

Responses to each section and subsection should be labeled to indicate the item being addressed.

Submissions can be a pdf, zip file, etc., but there should only be a total of four or five separate attachments. Each attachment must include the appropriate documents as indicated below.

• Submission 1: Proposal - Sections 3.3.1 through 3.3.5

• Submission 2: Wage Calculation Assessment – Section 3.3.6

• Submission 3: Price Proposal - Section 3.3.7

• Submission 4: Attachments Group - Sections 3.3.9 through 3.3.12

• Submission 5: Redacted Proposal – Section 3.3.8, if applicable

Agency requests that you do not password protect your original submissions or provide an additional copy of your submissions that are not password protected. Please contact the SPC if you have any questions or concerns.

Failure to demonstrate compliance with these submission requirements may result in a finding of non-Responsiveness.

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 Bid 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 Bid 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 Bid Opening. All Proposal modifications or withdrawals must also be received prior to Bid Opening.

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

4.8 PUBLIC OPENING

There will be no public Opening of Proposals. 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. However, Agency will record and make available the identity of all Proposers after Opening via Bid Amendment in OregonBuys.

4.9 PROPOSAL REJECTION

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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 Bid Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility

4.10.1.1 Responsiveness determination

A Proposal received prior to Bid Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the SPC finds the Proposal non- Responsive, the Proposal may be rejected; however, 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 Contract. Proposers must submit a signed Responsibility Inquiry form, Attachment F, with Proposal.

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

4.10.2 Evaluation Criteria

Proposals received on time and 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. The Evaluation Committee will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 137-047-0600 through 137-047-670, ORS 279A and ORS 279B.

Evaluators will assign a score, 0 through 100 as specified in Section 4.10.3, Point and Score Calculation, for each evaluation criterion listed below in this section 4.10.2 up to the maximum points available.

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SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.2.1 Evaluation Item 1: Executive Summary (50 Points)

(1) How well did Proposer demonstrate a clear understanding of the Scope of Work and the Services being requested in this RFP? (25 Points)

(2) How well did Proposer describe how they generally intend to meet the RFP requirements? (25 Points)

4.10.2.2 Evaluation Item 2: Administrative Proposal / Key Persons (550 Points)

(1) How well does Proposal demonstrate how Proposer meets the minimum requirements of Section 3.1.1? (100 Points)

(2) How well does Proposer demonstrate compliance with OAR 436-055-0100 as related to claims examiners? (150 Points)

(3) How many Oregon certified examiners does Proposer employ? (50 Points)

(4) How well does Proposer demonstrate how Key Persons meet the minimum requirements of Section 3.1.3? (150 Points)

(5) How many years have Key Person(s) been employed with Proposer? (100 Points)

4.10.2.3 Evaluation Item 3: Technical Proposal (1150 Points)

(1) How well does Proposal demonstrate Proposer’s procedures for intake of claim referrals, investigating and determining eligibility of benefits, calculating benefits?

(200 Points)

(2) What method of communication does Proposer utilize to communicate with claims management providers, injured workers, and the Workers’ Compensation Division? (100 Points)

(3) How well does Proposal demonstrate Proposer’s acknowledgement of setting up and maintaining a specifically funded account for the payment of supplemental benefits claims? (50 Points)

(4) How well does Proposal demonstrate Proposer’s plan for assuming the management and payments of existing claims? (150 Points)

(5) How well did Proposal describe Proposer’s process for maintaining confidentially of personal claimant data? (200 Points)

(6) How well did Proposal demonstrate Proposer’s data back up and disaster recovery plan? (150 Points)

(7) How well did Proposal demonstrate Proposer’s security for hard copy records?

(150 Points)

(8) How well did Proposal demonstrate Proposer’s security for electronic records?

(150 Points)

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4.10.2.4 Evaluation Item 4: Wage Calculation Assessment (400 Points)

For Evaluation Item 4, scores will either be a “0” for incorrect or “100” for correct.

(1) Question 1 (40 Points)

(2) Question 2 (40 Points)

(3) Question 3 (40 Points)

(4) Question 4 (40 Points)

(5) Question 5 (40 Points)

(6) Example 1 (100 Points)

(7) Example 2 (100 Points)

4.10.2.5 Evaluation Item 5: Overall Proposal (15 Points)

(1) How easy was the required information on the Proposal to find and was it clearly identified? (15 Points)

4.10.3 Point and Score Calculations

4.10.3.1 Score Calculations

Evaluators will assign a score, as specified in Section 4.10.3, Point and Score Calculation, for each evaluation criterion listed below in this section 4.10.2 up to the maximum points available.

Scores are the values (0 through 100) assigned by each evaluator.

Evaluation Committee Member’s evaluation (scores) of a Proposal; in light of the criteria described in sections 3.3 and 4.10 is based on the following explanations:

Evaluation Rating Scale for each evaluation criteria listed in

Section 4.10.2 and 4.10.4

Relative Score Scale

EXPLANATION

81 – 100

OUTSTANDING - Response meets all 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.

61 – 80 VERY GOOD – Response demonstrates above average knowledge and ability with no apparent deficiencies noted. Response provides useful information, while showing experience and knowledge within the category.

41 – 60

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

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21 – 40 FAIR – Proposer meets minimum requirements in a below average manner and does not demonstrate sufficient knowledge of the subject matter.

0 – 20 RESPONSE OF LITTLE TO NO VALUE – An unacceptable response that does not meet some or all the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

4.10.3.2 Point Calculations

Points are the total possible for each evaluation criteria as listed Section 4.10.2.

Points are calculated as follows:

Evaluators will evaluate each Proposal and assign a score, 0 – 100 per evaluation criterion as per the rating scale in section 4.10.3.1. For point calculation purposes, scores are entered as a percentage (i.e., an evaluation score of 75 is calculated as 75%).

➢ Example:

Proposer A receives an evaluation score of 75 (0 – 100) for a criterion worth 50 points.

75% (score) is multiplied by 50 (points possible) for 38 points out of the possible 50 points (whole numbers only) for that evaluation criterion. This method is used for each evaluation criterion, per evaluator.

The SPC will total the points for each evaluation criterion by Evaluator. The average of all the evaluator’s total points will be the Proposer’s Points. This is calculated by dividing the total points, by the number of evaluators.

➢ Example:

The points possible for the technical proposal is 150. There are 3 evaluators. Proposer A receives points of 125, 134, and 145 for a total of 404. 404 is divided by 3 (number of evaluators) for the points value of 135. Proposer A’s points will be 135 out of 150 for the technical proposal.

4.10.4 References (50 Points)

Proposer must provide references that can describe Proposer’s performance to following questions:

(1) Describe the timeliness and accuracy of Proposer’s services.

(2) Describe the clarity and quality of the work product and communications Proposer had with your firm.

(3) Describe your experience with the Proposer’s compliance of specifications and contractual obligations.

(4) Describe your experience with Proposer’s supplemental benefits claims or other wage loss replacement benefits processing services?

(5) How likely would you be to use Proposer’s services again? Please explain.

Proposer must submit reference names and contact information, Attachment D. Proposer is responsible to ensure information provided is accurate and relevant to these requested Services. Agency assumes no responsibility for incorrect contact information.

Agency will make three (3) attempts to contact each of the references provided by Proposer.

If these attempts are unsuccessful, Proposer will receive a score of zero for that reference.

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The Evaluation Committee will evaluate the Proposer on the reference responses.

Evaluators will assign one total score value for the three combined references and responses on a scale of 0 to 100, using the evaluation scale rating in Section 4.10.3.1. Scores will be multiplied by the point value. The points awarded will be the average of the reference scores. If applicable, SPC will deduct 33% from each score, per evaluator, for each unsuccessful reference attempt.

➢ Example:

References have a point value of 30. Proposer A receives references scores of 85, 75, and 100 from the three evaluators. For point calculation purposes, the evaluation scores are entered as a percentage (i.e., an evaluation score of 75 is calculated as 75%).

Each score is multiplied by 30 (points possible) to calculate the points per evaluator. The points awarded will be the average of the reference scores/points. Proposer A receives a score of 26 for references.

30 Maximum Points

Proposer A Evaluator

Evaluator

Evaluator

Evaluator Scores: 85% 75% 100% AVG Scored Reference Points: 26 23 30 26

4.10.5 Price Evaluation (30 Points)

The SPC will conduct the price evaluation. The SPC will compare the proposed compensation amounts based on the scenario provided in Section 3.3.7 and then award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

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

4.10.6 Overall Points Possible

TOTAL POINTS POSSIBLE: 2245

RFP

Section

4.10.2.1 Evaluation Item 1: Executive Summary

(1) How well did Proposer demonstrate a clear understanding of the Scope of Work and the Services being requested in this RFP?

(2) How well did Proposer describe how they generally intend to meet the RFP requirements?

4.10.2.2 Evaluation Item 2: Administrative Proposal / Key Persons

(1) How well does Proposal demonstrate how Proposer meets the minimum requirements of Section 3.1.1?

(2) How well does Proposer demonstrate compliance with OAR 436-055- 0100 as related to claims examiners?

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4.10.7 Preferences

4.10.7.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency will subtract five (5) percent from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon

(3) How many Oregon certified examiners does Proposer employ? 50

(4) How well does Proposer demonstrate how Key Persons meet the minimum requirements of Section 3.1.3?

(5) How many years have Key Person(s) been employed with Proposer? 100

4.10.2.3 Evaluation Item 3: Technical Proposal

(1) How well does Proposal demonstrate Proposer’s procedures for intake of claim referrals, investigating and determining eligibility of benefits, calculating benefits?

(2) What method of communication does Proposer utilize to communicate with claims management providers, injured workers, and the Workers’ Compensation Division?

(3) How well does Proposal demonstrate Proposer’s acknowledgement of setting up and maintaining a specifically funded account for the payment of supplemental benefits claims?

(4) How well does Proposal demonstrate Proposer’s plan for assuming the management and payments of existing claims?

(5) How well did Proposal describe Proposer’s process for maintaining confidentially of personal claimant data?

(6) How well did Proposal demonstrate Proposer’s data back up and disaster recovery plan?

(7) How well did Proposal demonstrate Proposer’s security for hard copy records?

(8) How well did Proposal demonstrate Proposer’s security for electronic records?

4.10.2.4 Evaluation Item 4: Wage Calculation Assessment

(1) Question 1 40

(2) Question 2 40

(3) Question 3 40

(4) Question 4 40

(5) Question 5 40

(6) Example 1 100

(7) Example 2 100

4.10.2.5 Evaluation Item 5: Overall Proposal

(1) How easy was the required information on the Proposal to find and was it clearly identified?

4.10.4 References 50

4.10.5 Price Proposal 30

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4.10.7.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency will 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.

4.10.7.3 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.

4.10.7.4 Tiebreakers

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

4.11 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). 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.

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.

4.12 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 https://www.naspo.org/reciprocity1

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4.13 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 Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

Agency may award less than the full Scope of Work described in this RFP.

Agency, in its sole discretion, may make additional award(s) for up to nine (9)…