RFP S-44300-00005148~4.pdf

Bid # S-44300-00005148 5472/gfd DAS Procurement Services, Version 4.4 July 1, 2021 Page 1 of 21

STATE OF OREGON

COVER PAGE

Oregon Health Authority

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-44300-00005148 for

FIRE PROTECTION SYSTEM

MAINTENANCE UPGRADES - PENDLETON

Date of Issue: December 20, 2022

Closing Date and Time: January 19, 2023, 3:00 PM PT

Single Point of Contact (SPC): Geneva Degner, Procurement & Contract Specialist

Address: 635 Capitol St NE, Suite 350 City, State, Zip Salem, OR 97301 Phone (voice) 971-208-4110 Phone (fax) 503-378-4324 E-mail: geneva.f.degner@dhsoha.state.or.us

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 OPTIONAL PRE-PROPOSAL WALKTHROUGH

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

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 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT (if applicable)

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H BACKGROUND CHECK FORM (for optional walkthrough)

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Health Authority (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Fire Protection System Maintenance Upgrades – Pendleton.

Oregon State Hospital is seeking to Contract with an experienced and qualified Contractor to perform Fire Protection System Maintenance Upgrades for three buildings located at 2585 Westgate, in Pendleton, Oregon.

The project will involve replacement of detection devices and associated Fire and Life Safety Section (FLSS) equipment based on a like-for-like swap of existing components to bring the current Fire Protection System up to code. Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

Agency anticipates the award of one Contract from this RFP. All persons or firms submitting Proposals are referred to as Proposers in this RFP; after execution of the Contract, the awarded Proposer will be designated as Contractor.

The initial term of the Contract is anticipated to be 1 year with options to renew up to a cumulative maximum of 2 years.

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

Optional Pre-Proposal Walkthrough December 28, 2022 1:00 PM

Questions / Requests for Clarification Due January 3, 2023 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) January 5, 2023

RFP Protest Period Ends 7 calendar days prior to RFP Closing (“Opening” date in OregonBuys)

Closing (Proposal Due) January 19, 2023, 3:00 PM

Opening of Proposal January 19, 2023 3:15 PM

Issuance of Notice of Intent to Award (approx.) January 24, 2023

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.

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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

Agency is issuing this RFP pursuant to its authority under ORS 413.033.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined within this RFP.

Key Personnel or Key Persons means the person or persons on Proposers staff to be assigned to perform the Work under the Contract.

NICET means National Institute for Certification in Engineering Technologies

Work means the required activities, tasks, deliverables, reporting and invoicing requirements as described in Section 2.4 Scope of Work.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Oregon State Hospital (OSH) is an essential part of the statewide behavioral health system, providing the highest level of psychiatric care for adults from all 36 counties.

The hospital’s primary goal is to help people recover from their mental illness and return to life in the community, contributing to healthy and safe communities for all Oregonians. Oregon State Hospital promotes public safety by treating people who are dangerous to themselves or others in a secure, therapeutic setting. The hospital works in partnership with the other divisions of the Oregon Health Authority (primarily the Health Systems Division), the Psychiatric Security Review Board (PSRB), regional hospitals, community mental health programs, advocacy groups and other community partners to ensure people with mental illness get the right care, at the right time, in the right place.

OSH operates campuses with the capacity to serve up to 758 Oregonians, with 592 beds in Salem and 166 beds in Junction City. Services are provided 24 hours per day, seven days a week.

Oregon’s only state-operated secure residential treatment facility also reports to the

DAS Procurement Services, Version 4.4 July 1, 2021 Page 6 of 21 superintendent of OSH. The 16-bed facility, called Pendleton Cottage, is located on the grounds of the former Eastern Oregon Training Center in Pendleton. The secure mental health treatment program provides a community treatment setting for people who need a secure level of care as their first step out of the state hospital.

2.3.2 Project Overview, Background and Purpose

The Oregon Fire Code is the Oregon fire service's manual to protect the public from the hazards of fire, explosions, or dangerous conditions in buildings and other facilities.

The Oregon State Hospital Pendleton facility requires upgrades for three buildings located at 2585 Westgate in Pendleton to comply with State and Federal Fire Codes.

The project will involve replacement of detection devices and associated Fire and Life Safety Section (FLSS) equipment based on a like-for-like swap of existing components to bring the current fire protection system up to code. The project will include provision of equipment and materials, system design, field engineering, programming, testing, certification and documentation of the fire protection system.

Design will be based on required alterations to meet code requirements.

2.4 SCOPE OF WORK/SPECIFICATIONS

2.4.1 Proposer shall provide all labor, equipment, materials, tools, permits, inspection fees, engineering, Project Management, drawings, testing, programming, and submittals to perform all Services in compliance with National Fire Protection Association (NFPA) and Oregon Fire Code.

2.4.2 Pursuant to ORS 279B.060 (2) (c) Agency requires that the Proposer meets the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods and services.

2.4.3 Project Goods and Services; Proposer shall:

a. Provide complete shop drawing, PDF files, design plan and submittals for the Fire Protection System based on current architectural drawings provided by Agency and a walkthrough inspection of the facility. The current architectural drawings are on large paper sheets which will be available for inspection during the walkthrough and will be made available to the winning Proposer for plan development. PDF files of the drawings are not available at this time. The firm with the winning proposal will develop the PDF files necessary to complete this scope of work.

b. Obtain required permits, inspections and approvals; design plan is submitted to OHA Facilities Planning and Safety (FPS) for review & approval; FPS forwards to State Fire Marshal for their review and approval.

c. Update all device labels in the program as directed by Agency.

d. Provide fire alarm enclosures, panel equipment, power supplies, annunciators and all required peripheral devices such as strobes, speakers, modules, smoke detectors, pull stations, etc.

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e. Test all wiring prior to termination at panels, confirm and test all peripheral devices after installation.

f. Provide system programming, start-up, pretesting and final testing with Oregon State Fire Marshal. Provide system acceptance test documentation.

g. Provide Project Management in coordination with Agency project team and any subcontractors.

h. Provide 1-year full protection warranty for all materials and installation of the Fire Protection System.

i. Provide a minimum of two hours of training on the completed upgraded system for Agency staff.

2.4.4 The worksite in Pendleton is part of a secure facility. All Proposers must submit to a background check prior to walkthrough and must observe all Oregon State Hospital policies and regulations described in Exhibit E of the Sample Contract (Attachment A).

2.4.5 Proposer shall clean all work areas each day and ensure no construction debris or tools are left upon leaving the worksite.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

3.1.1 Proposer’s Key Persons shall be NICET (or equivalent) Fire Protection certified to perform the services described in the scope of this project.

3.1.2 Proposer’s Key Persons shall have a minimum of 5 years’ experience performing services similar to or larger than the scope of this project.

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 3.3 below):

Technical Proposal (scored) o Company Profile o Project Implementation Plan o Key Persons and their Resumes o Examples of Previous Projects

Price Proposal (Attachment E) (scored)

Required Attachments (not scored):

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3.2.2 Proposal Page Limits

Technical Proposal is limited to 30 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. Attachments B, C, D, E, F and G do not count toward the page limit.

3.2.3 Proposal Format and Quantity

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

Electronic Submission through OregonBuys. Proposer should submit its Proposal electronically through OregonBuys following the instructions provided in the following link:

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

The Price Proposal (Attachment E) must be submitted as a separate document from the rest of the proposal.

Proposer shall submit one copy of its Proposal including all submittal requirements 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.

Hard Copy Response

If Proposer elects to submit its Proposal by hard copy instead of electronically through OregonBuys, vendor registration in OregonOregon is still required. If you need assistance, contact vendor support at 1-800-203-5727 or email OregonBuys@periscopeholdings.com.

Proposer shall submit its hard copy Proposal and all other submittal requirements using only white 8 ½” x 11” Recycled Paper, minimum 12 point font. Proposer shall submit a 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. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478) Proposer also shall also submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

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3.2.4 Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe both the goods and the services to be provided. 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.

If Proposer believes any of its Proposal is exempt from public inspection, Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). If Proposer does not claim any content to be Trade Secret, proprietary or otherwise exempt from public inspection, do not complete and include Attachment B.

3.3.1 Company Profile (scored)

Describe the skill and experience your business offers, relative to this project.

3.3.2 Project Implementation Plan (scored)

Describe how your business would approach the project and accomplish the work in the format of tasks, corresponding deliverables, and a tentative schedule of milestone dates. Proposal must demonstrate how the services will be provided (not just a list of materials). Describe how you will maintain ongoing communication with OSH staff regarding the Work, delay issues or status updates.

3.3.3 Key Persons (scored)

Specify Key Personnel, including role or title, who will be assigned to this project and include a 1 or 2-page resume of background, years of experience and expertise for each Key Person. Include a copy of NICET (or equivalent) Fire Protection Certificate(s) held.

3.3.4 Example of Previous Projects (scored)

Describe at least one, but not more than three, other projects performed for clients/firms within the last five years, for which the proposed Key Personnel provided similar services to those described in the scope of this RFP. Information provided must include:

• Client business or agency name and address;

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• Description of project goods and services provided;

• Contract term (starting and ending dates);

• Proposer’s Key Personnel on the project, their role(s) and work performed;

• Client project manager/point-of-contact name, email address and telephone number.

3.3.5 Proposer Information and Certification Sheet (Attachment C) (not scored)

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

3.3.6 References (Attachment D) (not scored)

Provide two (2) references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related Work.

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

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

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

3.3.7 Price Proposal (Attachment E) (scored)

Provide a detailed Price Proposal that shows the total cost projected for the entire project and then breaks out costs by labor, materials, and other costs. Price Proposal must be submitted as a separate electronic file, or if submiting Proposal as a hard copy, submit Price Proposal in a separate sealed envelope with the RFP packet. Proposers may use Attachment E or modify this form to fit Proposer’s needs, or Proposer may choose to create their own form. Proposers are required to include the following information in whatever Price Proposal form used:

For each activity described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs, The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges. Any proposed travel expenses must not exceed Oregon per diem rates, which are found on the web at:

http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_BASIC&conten tId=17943

For all fully loaded personnel costs, the Price Proposal must include the name and title

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3.3.8 COBID Certification / Outreach Plan (Attachment F) (not scored)

If the Contract has potential subcontracting opportunities, Oregon encourages the participation of small businesses, certified by the Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities.

3.3.9 Responsibility Inquiry (Attachment G) (not scored)

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of a Contract. Proposer shall submit a signed Responsibility Inquiry form with the Proposal.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

4.2 OPTIONAL PRE-PROPOSAL WALKTHROUGH

A Pre-Proposal Walkthrough will be held at the date and time listed in the Schedule on page 4.

Prospective Proposers’ participation in this walkthrough is optional and not required.

Proposers interested in attending the walkthrough must confirm their participation with the SPC listed on the cover page via email by December 27th. Attendees must complete and submit a background check form, Attachment H, with ALL highlighted items complete via email to the SPC by December 27th. Attendees will be responsible for their own transportation to and from the worksite location in Pendleton. Proposer is allowed two individuals to attend the walkthrough.

The purpose of the walkthrough is to provide clarification, answer questions, address concerns and provide an opportunity to view the service areas to assist with preparing a Proposal.

Statements made at the Pre-Proposal Walkthrough are not binding upon Agency. Proposers may be asked to submit questions in Writing. Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys.

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:

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Be delivered to the SPC in writing by email or in the Q&A section of the Solicitation in OregonBuys.

Emails must reference the OregonBuys bid number in the subject line;

Identify Proposer’s name and contact information;

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

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

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a written protest of anything contained in an Amendment.

Protests to an Amendment, if issued, must be submitted by 3:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment. 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 in writing 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 3:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment.

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4.5 PROPOSAL DELIVERY OPTIONS

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

Alternative Delivery Option: Delivery through Mail or Parcel Carrier

A Proposal may be submitted through the mail or via parcel carrier, and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s name and the OregonBuys bid number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

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 the closing date and time. If Proposal was submitted via OregonBuys, instructions for withdraw/resubmit are found in the link in Section 4.5 above.

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 closing date and time 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 the closing date and time (“Opening” date). All Proposal modifications or withdrawals must also be received prior to closing.

A Proposal received after closing is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will not be held. A list containing the names all Proposals received will be made available via OregonBuys within five Business Days of Closing. 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.

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4.9 PROPOSAL REJECTION

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

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

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

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

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

Proposer attempts to influence a member of the Evaluation Committee.

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to closing 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 shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

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

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4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

4.10.2.1 Company Profile (3.3.1) Weighting Factor: 25

How well does Proposer describe the skill and experience their business offers relative to this project?

4.10.2.2 Project Implementation Plan (3.3.2) Weighting Factor: 35

How well does Proposer describe how their business would approach the project and accomplish the work in the format of tasks, corresponding deliverables, and a tentative schedule of milestone dates? Does the Proposer adequating describe how the services will be provided? Does Proposer describe how they will maintain ongoing communication regarding the Work, delays and status updates?

SCORE EXPLANATION

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

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

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

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

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

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4.10.2.3 Key Persons Resumes (3.3.3) Weighting Factor: 30

Does Proposer specify Key Personnel, including role or title, who will be assigned to this project? Has Proposer provided a 1-2 page resume for each Key Person that verifies a minimum of 5 years’ experience performing services similar to or larger than the scope of this project (MQ 3.1.2)? Has Proposer included a copy of NICET (or equivalent) Fire Protection Certificate(s) held by designated Key Personnel (MQ 3.1.1)?

4.10.2.4 Example of Previous Projects (3.3.4) Weighting Factor: 25

How well does Proposer demonstrate their experience and capabilities in the example(s) provided of other projects performed within the last five years, for which the proposed Key Persons provided similar services to those described in the scope of this project? Does the example include the required information below?

o Client business or agency name and address o Description of project services/products provided o Contract term (starting and ending dates) o Staff assigned to the project that will be designated for work on the resulting

Contract; including their project role(s) and work performed on the referenced project; and o Client project manager or main point-of-contact name, email address and telephone number

4.10.3 PRICE PROPOSAL EVALUATION (3.3.7) (scored)

The SPC will conduct the price evaluation. The SPC will 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 (40) = price score price being scored

4.10.4 PREFERENCES

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

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4.11 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 4) assigned by each evaluator. The SPC will average all scores for each evaluation criterion. The SPC will then multiply the average score by the weighting factor for each evaluation criterion to give the total points awarded for that evaluation criterion.

EXAMPLE: Proposer A receives scores of 4, 3, and 2 for a criterion with a weight factor of 20.

The SPC averages 4, 3, and 2 for a score of 3. 3 is multiplied by the weight of 20. Proposer A’s points for that criterion is 60. The maximum scores possible for each section are listed in the table below.

TOTAL POINTS POSSIBLE: 500

POINTS POSSIBLE

4.10.2.1 Company Profile 100

4.10.2.2 Project Implementation Plan 140

4.10.2.3 Key Persons Resumes 120

4.10.2.4 Example of Previous Projects 100

4.10.3 Price Proposal Evaluation 40

4.12 RANKING OF PROPOSERS

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.

4.13 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Interviews

Presentations/Demonstrations/Additional Submittal Items

Discussions and submittal of revised Proposals

Serial or simultaneous negotiations

Best and Final Offers

4.13.1 Competitive Range Determination

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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.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

All higher ranked Proposals are non-Responsive.

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

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

Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

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

5.2.1.1 Protest Requirements

Protests must:

Be delivered to the SPC via email

Reference the OregonBuys bid number

Identify Proposer’s name and contact information

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Be signed by an authorized representative of Proposer

Specify the grounds for the protest; and

Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer who is 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 Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C of Attachment A.

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

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

5.3.4 Pay Equity Certification

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

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

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual

DAS Procurement Services, Version 4.4 July 1, 2021 Page 20 of 21 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 selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

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

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

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

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

Choice of law

Choice of venue

Constitutional requirements

Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

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

Agency also encourages joint ventures or subcontracting with certified small business

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

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

6.2 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.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

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

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

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.