RFP-S-60300-00016463 FARM VIABILITY BUSINESS PROGRAM TECHNICAL ASSISTANT SUPPORT.pdf
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- Solicitation number
- S-60300-00016463
- Issued by
- Oregon
About this file
This is a Request for Proposal (RFP) issued by the Oregon Department of Agriculture (ODA) for technical assistance services to support the Farm Viability Business Program. The solicitation seeks a single contractor to provide educational training, business planning support, and farm succession planning services to Regional Food and Agriculture Business Centers (RFABCs) located in Eastern Oregon, Mid-Willamette Valley, and Southern Oregon, as well as to ODA grantees operating in the middle of the agricultural supply chain. The primary scope of work includes establishing project coordination meetings, developing train-the-trainer materials for RFABC staff, conducting between 3-5 virtual workshops for ODA grantees focused on farm financial and business planning, and delivering six in-person farm business viability workshops (two per region: one full-day and one half-day succession planning workshop). The solicitation opened on April 10, 2026, with questions due by April 21, 2026, and proposals due by May 11, 2026, at 3:00 PM. The Notice of Award is anticipated for May 29, 2026. The initial contract term is nine months with options to renew up to a maximum of two years, with the current contract terminating on December 1, 2026. All deliverables, including a project workplan, Community of Practice virtual trainings, workshop summaries, and a final report of outcomes, must be completed by December 1, 2026.
The Oregon Department of Agriculture has budgeted $80,000 for this project, with compensation structure to be determined based on the accepted proposal. Evaluation will be scored on a 120-point scale comprising expertise and knowledge in Oregon's agricultural landscape and legal frameworks for farm business viability (40 points), producer engagement and training experience (30 points), methods for measuring financial business management knowledge and skills gained (30 points), and cost evaluation and pricing clarity (20 points). Offerors must submit references, detailed cost sheets, and certifications regarding tax compliance, non-discrimination practices, and sexual harassment prevention policies. The solicitation encourages participation of Oregon-certified small businesses, minority-owned businesses, women-owned businesses, service-disabled veteran-owned businesses, and emerging small businesses, with Agency preferring Oregon suppliers and applying a 10% cost preference for services performed entirely in Oregon. No incumbent contractor is identified. Contractors must maintain commercial general liability insurance of at least $1,000,000 per occurrence and $2,000,000 annual aggregate, and provide workers' compensation coverage as required by Oregon law.
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OregonBuys Bid #S-60300-00016463
STATE OF OREGON
COVER PAGE
DEPARTMENT OF AGRICUTURE
is issuing this Intermediate Procurement under S-60300-00016463 for
| FARM | VIABILITY | BUSINESS | PROGRAM | TECHNICAL |
| ASSISTANT | SUPPORT |
Date of Issue: April 10, 2026
Opening Date: May 11, 2026
Single Point of Contact (SPC): Heather Hawes, Procurement & Contract Specialist
| Address: | 635 | Capitol | St. | NE, | Suite | 100 |
| City, | State, | Zip | Salem, | Or. | 97301 | |
| Phone | 503.551.0465 | |||||
| E-mail: | heather.hawes@oda.oregon.gov |
OregonBuys Bid #S-60300-00016463
| TABLE | OF | CONTENTS | ||||
| SECTION | 1: GENERAL | INFORMATION | ........................................................................................................ | 3 | ||
| 1.1 INTRODUCTION | .................................................................................................................................................................................................. | 3 | ||||
| 1.2 SCHEDULE | .............................................................................................................................................................................................................. | 3 | ||||
| 1.3 SINGLE | POINT | OF | CONTACT | (SPC) | ......................................................................................................................................................... | 3 |
| SECTION | 2: AUTHORITY, | OVERVIEW, | AND | SCOPE | ............................................................................... | 3 |
| 2.1 AUTHORITY | AND | METHOD | ......................................................................................................................................................................... | 3 | ||
| 2.2 DEFINITION | OF | TERMS | .................................................................................................................................................................................. | 3 | ||
| 2.3 OVERVIEW | AND | PURPOSE | ........................................................................................................................................................................... | 4 | ||
| 2.4 SCOPE | OF | WORK/SPECIFICATIONS | ....................................................................................................................................................... | 5 |
| SECTION | 3: PROCUREMENT | REQUIREMENTS | AND | EVALUATION | ................................................ | 7 |
| 3.1 MINIMUM | SUBMISSION | REQUIREMENTS | .......................................................................................................................................... | 7 | ||
| 3.2 PROCUREMENT | PROCESS | ............................................................................................................................................................................ | 7 | |||
| 3.3 OFFERS | CONTENT | REQUIREMENTS | ...................................................................................................................................................... | 9 | ||
| 3.4 EVALUATION | PROCESS | ............................................................................................................................................................................... | 10 | |||
| 3.5 COST | EVALUATION | ........................................................................................................................................................................................ | 12 | |||
| 3.6 NEXT | STEP | DETERMINATION | ................................................................................................................................................................. | 12 | ||
| 3.7 PREFERENCES | ................................................................................................................................................................................................... | 13 | ||||
| 3.8 POINT | AND | SCORE | CALCULATIONS | .................................................................................................................................................... | 13 | |
| 3.9 RANKING | OF | OFFERORS | ............................................................................................................................................................................. | 14 |
| SECTION | 4: AWARD | AND | NEGOTIATION | ................................................................................................. | 14 |
| 4.1 AWARD | NOTIFICATION | PROCESS | ........................................................................................................................................................ | 14 | |
| 4.2 SUCCESSFUL | OFFEROR | SUBMISSION | REQUIREMENTS | .......................................................................................................... | 14 |
| 4.3 CONTRACT | NEGOTIATION | ........................................................................................................................................................................ | 15 |
| SECTION | 5: ADDITIONAL | INFORMATION | ................................................................................................ | 15 | |||||
| 5.1 COMMITMENT | TO | DIVERSITY, | EQUITY, | AND | INCLUSION | ..................................................................................................... | 15 | ||
| 5.2 CERTIFIED | FIRM | PARTICIPATION | ....................................................................................................................................................... | 15 | |||||
| 5.3 GOVERNING | LAWS | AND | REGULATIONS | ........................................................................................................................................... | 16 | ||||
| 5.4 OWNERSHIP/PERMISSION | TO | USE | MATERIALS | ........................................................................................................................ | 16 | ||||
| 5.5 CANCELLATION | OF | SOLICITATION; | REJECTION | OF | OFFERS; | NO | DAMAGES. | ........................................................... | 16 |
| 5.6 COST | OF | SUBMITTING | AN | OFFER | ......................................................................................................................................................... | 16 | |||
| 5.7 STATEWIDE | E-WASTE/RECOVERY | PROCEDURE | ....................................................................................................................... | 16 | |||||
| 5.8 RECYCLABLE | PRODUCTS | ........................................................................................................................................................................... | 16 |
| SECTION | 6: LIST | OF | ATTACHMENTS | .......................................................................................................... | 17 | ||
| ATTACHMENT | A SAMPLE | CONTRACT | .............................................................................................................................................................. | 17 | |||
| ATTACHMENT | B DISCLOSURE | EXEMPTION | AFFIDAVIT | ...................................................................................................................... | 17 | ||
| ATTACHMENT | C OFFEROR | INFORMATION | AND | CERTIFICATION | SHEET | ................................................................................ | 17 |
| ATTACHMENT | D REFERENCE | CHECK | FORM | ............................................................................................................................................... | 17 | ||
| ATTACHMENT | E COST | SHEET | ............................................................................................................................................................................... | 17 | |||
| ATTACHMENT | F COBID | CERTIFICATION | / | OUTREACH | PLAN | .......................................................................................................... | 17 |
| ATTACHMENT | G RESPONSIBILITY | INQUIRY | ................................................................................................................................................ | 17 |
OregonBuys Bid #S-60300-00016463
SECTION 1: GENERAL INFORMATION
1.1 INTRODUCTION
| The | State | of | Oregon, | acting | by | and | through | the | Department | of | Agriculture, | (“Agency”), | is | issuing |
| this | Intermediate | Procurement | for | Farm | Viability | Business | Program | Technical | Assistance. |
| Additional | details | on | the | Scope | of | the | goods | or | services | or | both | are | included | in | the | Scope | of |
| Work | section. |
| Agency | anticipates | the | award | of | one | Contract | from | this | solicitation. | The | initial | term | of | the | |||
| Contract | is | anticipated | to | be | 9 | months | with | options | to | renew | up | to | a | 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 |
solicitation.
Event Date Time
Questions / Requests for Clarification Due April 21 2026 3:00 PM
Opening (offer Due) May 11, 2026 3:00 PM
Issuance of Notice of Award (approx.) May 29, 2026
1.3 SINGLE POINT OF CONTACT (SPC)
| The | SPC | for | this | solicitation | is | identified | on | the | Cover | Page, | along | with | the | SPC’s | contact |
| information. | Offeror | shall | direct | all | communications | related | to | any | provision | of | the | solicitation, | |||
| whether | about | the | technical | requirements | of | the | solicitation, | contractual | requirements, | the | |||||
| solicitation | process, | or | any | other | provision | only | to | the | SPC. |
| SECTION | 2: AUTHORITY, | OVERVIEW, | AND | SCOPE |
| 2.1 AUTHORITY | AND | METHOD |
Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.
| Agency | is | using | the | Intermediate | Procurement | solicitation | method | set | forth | in | ORS | 279B.070 |
| and | OAR | 125-247-0270. |
2.2 DEFINITION OF TERMS
For the purposes of this solicitation, capitalized words will refer to the following definitions.
OregonBuys Bid #S-60300-00016463
2.2.1 General Definitions
Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.
2.2.2 Project Specific Definitions
a. RFABC: Regional Food and Agriculture Business Centers
2.3 OVERVIEW AND PURPOSE
| The | Oregon | Department | of | Agriculture | (ODA), | through | its | Trade | and | Economic | Development |
| Services, | supports | the | long-term | viability | and | competitiveness | of | Oregon’s | agricultural | sector | by |
| strengthening | market | opportunities | for | producers, | supporting | industry | development, | and | |||
| improving | coordination | across | the | state’s | food | and | agriculture | supply | chain. |
| The | Oregon | Department | of | Agriculture | (ODA) | seeks | to | contract | for | services | to | support |
| ODA’s | Technical | Assistance | for | the | Farm | Viability | Business | Program. | This | project | is | |
| part | of | ODA’s | broader | effort | to | strengthen | Oregon’s | food | and | agriculture | supply | chain |
| by | improving | coordination, | reducing | fragmentation, | and | expanding | scale-appropriate | |||||
| distribution | pathways | for | farms | and | food | businesses. |
| One | of | the | most | significant | business | technical | needs | for | Oregon | farmers | and | ranchers | is | |
| farm | succession | planning. | Farm | viability | is | a | core | issue | for | Oregon, | due | to | rising | land |
| values, | aging | farmers, | and | small | family | run | farms | with | no | transition | plans | for | ||
| ownership | or | protection | to | keep | land | in | farming. | More | than | 2/3 | of | Oregon’s | ||
| agricultural | lands | will | be | changing | hands | in | the | next | 15 | years. | Advanced | planning | ||
| requires | financial | preparedness | to | minimize | tax | burden | and | establish | a | structured | ||||
| partnership | to | ensure | thoughtful | transition | for | the | next | generation | of | farmers. | ||||
| Producers | also | need | to | have | financial | management | systems | in | place | to | plan | for | scaled | |
| production, | manage | cash-flow | and | have | the | ability | to | conduct | margin | analysis | as | they | ||
| consider | entering | the | middle | of | the | supply | chain | to | grow | their | business. |
| Business | technical | assistance | is | necessary | to | help | producers | and | food | businesses | scale | |||
| into | the | middle | of | the | supply | chain | into | broader | wholesale, | value-added, | and | regional | ||
| distribution | channels. | Some | of | the | most | significant | business | technical | needs | for | Oregon | |||
| farmers | and | processors | is | succession | planning | for | diversification. | Farm | viability | is | a | |||
| core | issue | for | Oregon, | due | to | rising | land | values, | aging | farmers, | and | family | run | farms |
| with | no | transition | plans | for | ownership | or | protection | to | keep | land | in | farming. | If | |
| farmland | is | not | protected, | agriculture | will | not | be | economically | viable | in | Oregon. |
| Successful | farm | businesses | require | the | financial | preparedness | to | minimize | tax | burden, | ||
| a | structured | partnership | to | ensure | thoughtful | transition | for | the | next | generation | of | |
| producers | as | well | as | for | diversification | of | value-added | production. | Producers | also | need | |
| to | have | financial | management | systems | in | place | to | plan | for | scaled | production | and |
| processing, | manage | cash-flow | and | the | ability | to | conduct | margin | analysis | as | they | |
| consider | entering | the | middle | of | the | supply | chain | to | grow | their | business. |
| ODA | seeks | a | Farm | Viability | Business | Program | Contractor | who | can | provide | educational |
| training | to | the | newly | established | Regional | Food | & | Agriculture | Business | Centers | and |
OregonBuys Bid #S-60300-00016463
| specific | ODA | grantees | (provided | by | ODA). | Contractors | with | the | following | qualifications |
| will | be | competitive | for | this | RFP: |
| • knowledgeable | about | Oregon’s | changing | agricultural | landscape, | ||||||
| • expertise | in | legal | and | tax | designations | to | protect | farm | business | viability, | and |
| • proficiency | of | financial | management | models | to | prepare | producers | for | market |
diversification and value-added production.
The Oregon Department of Agriculture has budgeted $80,000.00 for this project.
2.4 SCOPE OF WORK/SPECIFICATIONS
| The | Contractor | will | collaborate | with | ODA’s | pilot | Regional | Food | and | Agriculture | Business | |||||
| Centers | (in | Eastern | Oregon, | Mid-Willamette | Valley, | and | Southern | Oregon) | to | build | ||||||
| technical | expertise | and | design | and | deliver | trainings | to | targeted | clients | and | ODA | Grantees | ||||
| operating | in | the | middle | of | the | supply | chain. | The | ODA | Project | Manager | will | provide | a | list | of |
| selected | ODA | Grantee’s | from | relevant | agency | programs. | The | Contractor | will | be | expected | |||||
| to | integrate | evaluation | metrics | consistent | with | requirements | under | the | USDA | Resilient | ||||||
| Food | System | Infrastructure | (RFSI) | Grant | Program. | The | Farm | Viability | Business | Program | ||||||
| Contractor | will | also | collaborate | with | the | statewide | Technical | Assistance | Contractor | under | ||||||
| Oregon’s | USDA | RFSI | Supply | Chain | Coordination | State | Plan. |
| a. Task | 1: | Technical | Assistance | for | the | Farm | Viability | Business | Program | Project | Startup |
| and | Regional | Coordination. |
A. Activities:
| i. Establish | coordination | meetings | with | ODA | Project | Manager | and | the | statewide |
| Technical | Assistance | Contractor | to | confirm | scope, | cadence | of | meetings, | and |
| reporting | expectations. |
| ii. Determine | scope | of | training | content | for | farm | viability | and | vertically | integrated |
| business | development. |
| iii. Determine | communication | pathways | for | Regional | Food | and | Agriculture | |
| Business | Centers | (RFABCs), | ODA | Grantees, | and | general | producers | for |
| recruitment | purposes. |
| iv. Develop | a | proposed | calendar | to | deliver | regional | workshops | and | virtual |
| trainings | to | Eastern | Oregon, | Mid-Willamette | Valley, | and | Southern | Oregon |
regions.
B. Deliverables:
| i. Conduct | a | project | kickoff | meeting | with | ODA’s | Project | Manager, | and | statewide |
| Technical | Assistant | Contractor | within | the | first | week | of | contract | execution | and |
| before | any | work | begins. |
| ii. Provide | a | written | project | workplan | outlining | priorities, | outreach | approach, | and |
| timeline | of | activities | (within | 30 | days | of | contract | start). |
b. Task 2: Create a Community of Practice of Regional Food and Agriculture Business
OregonBuys Bid #S-60300-00016463
Centers (RFABC) staff service providers to build skillsets in farm viability services.
A. Activities:
i. Modify subject content and instructional techniques to meet RFSI requirements.
| ii. Meet | with | pilot | RFABCs | to | identify | Community | of | Practice | participants | and |
| farm | business | skill | needs. |
| iii. Develop | Train | the | Trainer | manual | for | RFABC | staff. | |
| iv. Develop | a | series | of | Community | of | Practice | virtual | trainings. |
| v. Evaluate | impact | of | Community | of | Practice. |
B. Deliverables:
| i. Up | to | five | Community | of | Practice | virtual | trainings. | ||
| ii. Train | the | Trainer | manual | for | farm | viability | and | financial | management. |
| c. Task | 3: | Conduct | between | 3-5 | virtual | workshops | for | the | Oregon | Department | of |
| Agriculture | (ODA) | grantees | focused | on | farm | financial | and | business | planning. |
A. Activities:
| i. In | collaboration | with | ODA, | develop | a | screening | tool | to | select | ODA | grantees | in |
| need | of | financial | management | education. |
| ii. Understand | grantees | needs | based | on | industry | sector | and | stage | of | growth. |
| iii. Coordinate | registration | and | participation | logistics | with | recommended | clients. | |||
| iv. Deliver | between | 3-5 | virtual | workshops | to | ODA | grantees. | |||
| v. Evaluate | impact | of | workshops |
B. Deliverables:
| i. Farm | financial | and | business | planning | systems | for | ODA | grantees. |
| ii. 3-5 | virtual | workshops. | ||||||
| iii. Summary | of | knowledge | and | skills | gained | by | grantees. |
d. Task 4: Deliver in-person Farm Business Viability workshops to clients of RFABC’s.
A. Activities:
| i. Meet | with | ODA | and | RFABC | staff | to | coordinate | calendar | of | workshops. |
| ii. Coordinate | registration | and | participation | logistics | with | recommended | clients |
| (ODA | to | provide). | ||||||||
| iii. Deliver | one | long | format | (full | day)farm | business | viability | workshop | in | each |
region.
| iv. Deliver | one | (half | day) | succession | planning | workshop | in | each | region. |
| v. Evaluate | impact | of | workshops. |
OregonBuys Bid #S-60300-00016463
B. Deliverables:
| i. Six | workshops | total, | two | in | each | region. | |
| ii. Summary | of | knowledge | and | skills | gained | by | clients. |
e. Schedule Summary
Deliverable Due Project Workplan Within 30 days Community of Practice Meetings
June – August 2026
Grantee Virtual Workshops September 2026 Farm Business Viability Workshops
October 2026
Final Report of Outcomes By December 1, 2026
| SECTION | 3: PROCUREMENT | REQUIREMENTS | AND | EVALUATION |
| 3.1 MINIMUM | SUBMISSION | REQUIREMENTS |
3.1.1 Offeror Format and Quantity
| Offeror | shall | submit | one | electronic | copy | of | its | Offer. | In | addition, | if | Offeror | believes | any | of | its | ||
| Offer | is | exempt | from | disclosure | under | Oregon | Public | Records | Law | (ORS | 192.311 | through | ||||||
| 192.478), | Offeror | shall | complete | and | submit | the | Disclosure | Exemption | Affidavit | |||||||||
| (Attachment | B), | and | Offeror | shall | submit | a | fully | redacted | version | of | its | Offer, | clearly | |||||
| identified | as | the | redacted | version. | Cost | information | must | be | submitted | as | a | separate | ||||||
| electronic | file. |
3.1.2 Authorized Representative
| A | representative | authorized | to | bind | the | Offeror | shall | sign | the | Offer. | Failure | of | the | authorized | |
| representative | to | sign | the | Offer | may | subject | the | offer | to | rejection | by | Agency. |
3.2 PROCUREMENT PROCESS
3.2.1 Public Notice
| The | solicitation, | including | all | Amendments | and | attachments, | are | published | in | the | ||
| OregonBuys | e-procurement | system | Solicitation | documents | will | not | be | mailed | to | |||
| prospective | Offerors. | |||||||||||
| Agency | shall | advertise | all | Amendments | on | OregonBuys | e-procurement | system. | Prospective | |||
| Offeror | is | solely | responsible | for | checking | OregonBuys | to | determine | whether | or | not | any |
| Amendments | have | been | issued. | Amendments | are | incorporated | into | the | solicitation | by | this |
reference.
OregonBuys Bid #S-60300-00016463
3.2.2 Questions / Requests for Clarification
| All | inquiries, | whether | relating | to | the | solicitation | process, | administration, | deadline | or | |||
| method | of | award, | or | to | the | intent | or | technical | aspects | of | the | solicitation | must: |
| • Be | delivered | to | the | SPC | via | submission | through | OregonBuys. | |||||
| • Reference | the | OregonBuys | bid | number | |||||||||
| • Identify | Offeror’s | name | and | contact | information | ||||||||
| • Be | sent | by | an | authorized | representative | ||||||||
| • Refer | to | the | specific | area | of | the | solicitation | 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
3.2.3 Offer Submission
| Offeror | is | solely | responsible | for | ensuring | its | Offer | is | received | by | the | SPC | in | accordance | with |
| the | solicitation | requirements | before | Opening. | Agency | is | not | responsible | for | any | delays | in | |||
| or | by | common | carriers | or | by | transmission | errors | or | delays | or | mistaken | delivery. | Offers | ||
| submitted | by | any | means | not | authorized | may | be | rejected. |
Submission Options
| OregonBuys | Electronic | Response. | Offeror | should | submit | its | Offer | electronically | through | |||||||
| OregonBuys. | Offeror | should | follow | the | procedures | outlined | in | detailed | instructions | on | how | |||||
| to | submit | an | Offer | can | be | found | at | OregonBuys | Vendor | Formal | Solicitation | Response.pdf | ||||
| The | cost | sheet | must | be | submitted | as | a | separate | electronic | response | file. | |||||
| Offeror | shall | submit | one | copy | of | its | Offer | and | all | other | submittal | requirements, | with | |||
| Attachment | C | - | Offeror | Information | and | Certification | Sheet | bearing | the | Offeror’s | authorized | |||||
| representative’s | Signature, | in | one | of | the | following | formats: | Adobe | Acrobat | (pdf), | Microsoft | |||||
| Word | (docx), | or | Microsoft | Excel | (xlsx). | If | Offeror | believes | any | of | its | Offer | is | exempt | from | |
| disclosure | under | Oregon | Public | Records | Law | (ORS | 192.311 | through | 192.478), | Offeror | shall | |||||
| complete | and | submit | the | Disclosure | Exemption | Affidavit | (Attachment | B). | Offeror | shall | also | |||||
| mark | as | “Confidential” | in | OregonBuys | all | attachments | to | its | Offer | that | Offeror | believes | are | |||
| exempt | from | disclosure | ||||||||||||||
| The | Offeror | Information | and | Certification | Sheet | (Attachment | C) | must | bear | the | Offeror’s | |||||
| authorized | representative’s | Signature. |
| 3.3.5 | Modification | or | Withdrawal | of | Quotes | or | Offers | ||||||||
| Any | Offeror | who | wishes | to | make | modifications | to | an | Offer | already | received | by | Agency | shall | |
| submit | its | modification | in | one | of | the | manners | listed | in | the | offer | Submission | Options | section | |
| and | must | denote | the | specific | change(s) | to | the | offer | submission. |
| If | an | Offeror | wishes | to | withdraw | a | submitted | Offer, | it | shall | do | so | prior | to | Opening. | The |
| Offeror | shall | submit | a | Written | notice | Signed | by | an | authorized | representative | of | its | intent | to | ||
| withdraw | its | Offer | in | accordance | with | OAR | 125-247-0440. | The | notice | must | include | the | ||||
| OregonBuys | Bid | number | and | be | submitted | to | the | SPC. |
OregonBuys Bid #S-60300-00016463
3.2.4 Offer Opening Date
| Offer | and | all | required | submittal | items | must | be | received | by | the | SPC | on | or | before | Opening. | All |
| Offer | modifications | or | withdrawals | must | be | completed | prior | to | Opening. | |||||||
| Offers | received | after | Opening | are | considered | LATE | and | will | NOT | be | accepted | for | evaluation. | |||
| Late | Offers | will | be | returned | to | the | respective | Offeror | or | destroyed. |
3.2.5 Offer Rejection
Agency may reject an Offer for any of the following reasons:
| • Offeror | fails | to | substantially | comply | with | all | prescribed | solicitation | procedures | and |
| requirements, | including | but | not | limited | to | the | requirement | that | Offeror’s | authorized |
| representative | sign | the | offer. |
| • Offeror | fails | to | meet | the | responsibility | requirements | of | ORS | 279B.110. | ||||
| • Offeror | has | undisclosed | liquidated | and | delinquent | debt | owed | to | the | State | of | Oregon | or |
| any | of | its | agencies, | boards, | commissions, | departments | or | divisions. | |||
| • Offeror | makes | any | contact | regarding | this | solicitation | with | State | representatives | such | as |
| State | employees | or | officials | other | than | the | SPC | or | those | the | SPC | authorizes, | or |
| inappropriate | contact | with | the | SPC. |
| • Offeror | attempts | to | inappropriately | influence | a | member | of | the | Evaluation | Committee. | ||
| • Offeror | 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 | solicitation | or | Amendment. |
3.2.6 Opening of Offers
| There | will | be | no | public | Opening | of | Offers. | Offers | received | will | not | be | available | for | inspection | |
| until | after | the | evaluation | process | has | been | completed | and | the | Notice | Award | is | issued. | |||
| However, | Agency | will | record | and | make | available | the | identity | of | all | Offerors | after | Opening. |
3.3 OFFERS CONTENT REQUIREMENTS
| Offeror | must | address | each | of | the | items | listed | in | this | section | and | all | other | requirements | set | forth | ||
| in | this | solicitation. | Offeror | shall | describe | the | Goods | to | be | provided | or | the | Services | to | be | |||
| performed | or | both. | An | Offer | that | merely | offers | to | provide | the | goods | or | services | as | stated | in | this | |
| solicitation | will | be | considered | non-Responsive | to | this | solicitation | and | will | not | be | considered |
further.
3.3.1 Offeror Information and Certification Sheet
| The | Offeror | shall | complete | and | submit | the | Offeror | Information | and | Certification | Sheet |
| (Attachment | C). |
3.3.2 References
| Provide | at | least | 3 | references | from | current | or | former | client | firms | for | similar | projects | ||
| performed | for | any | clients | within | the | last | 5 | years. | References | must | verify | the | quality | of | |
| previous, | related | Work | (Attachment | D). |
OregonBuys Bid #S-60300-00016463
| Agency | may | check | to | determine | if | references | provided | support | Offeror’s | ability | to | comply | |
| with | the | requirements | of | this | solicitation. | Agency | may | use | references | to | obtain | additional | |
| information, | break | tie | scores, | or | verify | any | information | needed. | Agency | may | contact | any | |
| reference | (submitted | or | not) | to | verify | Offeror’s | qualifications. |
3.3.3 Costs
| Submit | a | detailed | Cost | Sheet | (Attachment | E) | electronically | through | OregonBuys | stating | the | ||||
| price | for | each | deliverable | and | the | total | price | for | the | entire | project. | Include | a | breakdown | of |
| all | labor, | profit | and | expenses. |
3.3.4 Public Record/Confidential or Proprietary Information
| All | Offers | are | public | record | and | are | subject | to | public | inspection | after | Agency | issues | the | ||||
| Notice | of | the | Intent | to | Award. | If | an | Offeror | believes | that | any | portion | of | its | Offer | contains | any | |
| information | that | is | a | trade | secret | under | ORS | Chapter | 192.345(2) | or | otherwise | is | exempt | |||||
| from | disclosure | under | the | Oregon | Public | Records | Law | (ORS | 192.311 | through | 192.478), | |||||||
| Offeror | shall | complete | and | submit | the | Disclosure | Exemption | Affidavit | (Attachment | B) | and | a | ||||||
| fully | redacted | version | of | its | Offer. |
| Offeror | is | cautioned | that | cost | information | generally | is | not | considered | a | trade | secret | under | ||
| Oregon | Public | Records | Law | (ORS | 192.311 | through | 192.478) | and | identifying | the | Offer, | in | |||
| whole, | as | exempt | from | disclosure | is | not | acceptable. | Agency | advises | each | Offeror | to | consult | ||
| with | its | own | legal | counsel | regarding | disclosure | issues. | ||||||||
| If | Offeror | fails | to | identify | the | portions | of | the | Offer | that | Offeror | claims | are | exempt | from |
| disclosure, | Offeror | has | waived | any | future | claim | of | non-disclosure | of | that | information. |
3.4 EVALUATION PROCESS
3.4.1 Responsiveness and Responsibility Determination
| Offers | received | prior | to | Opening | will | be | reviewed | for | Responsiveness | to | all | solicitation | ||
| requirements | including | compliance | with | Minimum | Requirements | section | and | offer | Content | |||||
| Requirements | section. | If | the | Offer | is | unclear, | the | SPC | may | request | clarification | from | Offeror. | |
| However, | clarifications | may | not | be | used | to | rehabilitate | a | non-Responsive | Offer. | If | the | SPC | |
| finds | the | Offer | non-Responsive, | the | Offer | may | be | rejected, | however, | Agency | may | waive | ||
| mistakes | in | accordance | with | OAR | 125-247-0470. |
At any time prior to award, Agency may reject an Offeror found to be not Responsible.
3.4.2 Evaluation Criteria
| Offers | meeting | the | requirements | outlined | in | the | Offer | Content | Requirements | section | will | be | |||
| evaluated | by | an | Evaluation | Committee. | Evaluators | will | assign | a | score | of | 0% | to | 100% | for | |
| each | evaluation | criterion | listed | below | in | this | section. | ||||||||
| SPC | may | request | further | clarification | to | assist | the | Evaluation | Committee | in | gaining | ||||
| additional | understanding | of | offers. | A | response | to | a | clarification | request | must | be | to | clarify | or | |
| explain | portions | of | the | already | submitted | Offer | and | may | not | contain | new | information | not | ||
| included | in | the | original | Offer. |
OregonBuys Bid #S-60300-00016463
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 | Offeror | provides | insight | into | its | expertise, | |
| knowledge, | and | understanding | of | the | subject | matter. |
6-9
| VERY | GOOD | – | Response | provides | useful | information, | while | showing | experience |
| and | knowledge | within | the | category. | Response | demonstrates | above | average | |
| knowledge | and | ability | with | no | apparent | deficiencies | noted. |
| ADEQUATE | – | Response | meets | all | requirements | in | an | adequate | manner. |
| Response | demonstrates | an | ability | to | comply | with | guidelines, | parameters, | and |
| requirements | with | no | additional | information | put | forth | by | the | Offeror. |
| 3-4 | FAIR | – | Offeror | 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 | solicitation. | Offeror | has | not | demonstrated | |||
| knowledge | of | the | subject | matter. |
3.5.2.1 Evaluation Item 1 (Expertise and Knowledge) (40 points)
Familiarity with Oregon’s changing agricultural landscape.
o Please describe your expertise in legal frameworks to protect farm business viability .
OregonBuys Bid #S-60300-00016463 o What business strategies do you believe will help producers diversify their markets?
3.5.2.2 Evaluation Item 2 (Producer Engagement) (30 Points)
Do you have experience training producers?
o If so, please describe
3.5.2.3 Evaluation Item 3 (Measuring Business Acumen) (30 points)
| Please | describe | how | you | measure | financial | business | management | knowledge | and | skills |
| gained | from | your | trainings. |
| o What | learner-centered | teaching | strategies | do | you | use? | |||
| o What | evaluation | tools | have | you | used | to | measure | learning | outcomes? |
3.5 COST EVALUATION
| Following | the | scoring | and | ranking | of | Proposals | based | on | the | qualifications-based | criteria | |||||
| outlined | in | Section | 3.5.2, | the | sealed | price | proposals | submitted | by | Proposers | will | be | opened | and | ||
| evaluated. | The | pricing | portion | of | the | Proposal | will | be | scored | based | on | the | clarity, | definitions, | ||
| and | explanations | of | the | proposed | pricing | and | will | be | worth | up | to | 20 | points | in | the | overall |
evaluation.
| • Include | a | detailed | cost | breakdown | of | all | pricing | elements | ||
| • Describe | the | assumptions | used | to | develop | the | proposed | pricing. | ||
| • Provide | a | clear | explanation | of | the | pricing | methodology | and | overall | value. |
3.6 NEXT STEP DETERMINATION
| Agency | may | conduct | additional | rounds | of | competition | if | in | the | best | interest | of | the | State. |
| Additional | rounds | of | competition | may | consist | of, | but | will | not | be | limited | to: |
| • Establishing | a | Competitive | Range |
| • Presentations/Demonstrations/Additional | Submittal | Items |
• Interviews
• Best and Final Offers
| If | Agency | elects | to | conduct | additional | round(s), | Agency | shall | provide | written | notice | to | ||
| all | Offerors | describing | the | next | step. | At | any | time, | Agency | may | dispense | with | the | |
| selected | additional | round | and: | (1) | issue | a | Notice | of | Intent | to | Award | to | the | highest- |
OregonBuys Bid #S-60300-00016463
| ranking | Responsible | Offeror; | or | (2) | elect | to | conduct | an | alternative | round | of |
| competition; | or | (3) | cancel | the | solicitation. |
3.7 PREFERENCES
3.7.1 Oregon Supplies and Services
| Agency | prefers | Oregon | goods | and | services, | and | for | evaluation | purposes, | per | ORS | 279A.128, | ||
| Agency | shall | subtract | 10% | from | the | cost | for | any | Offeror | proposing | all | Goods | fabricated | or |
| processed | or | all | Services | performed | entirely | in | Oregon | before | calculating | the | cost | score. |
3.7.2 Recycled Materials
| In | comparing | Goods | from | two | or | more | Offerors, | if | at | least | one | Offeror | proposes | Goods |
| manufactured | with | Recycled | Materials, | and | at | least | 1 | Offeror | does | not, | Agency | will | select | the |
| Offeror | proposing | Goods | manufactured | from | Recycled | Materials | if | each | of | the | conditions | |||
| specified | in | ORS | 279A.125 | (2) | exists | following | any | adjustments | made | to | the | cost | of | the |
| Goods | according | to | any | applicable | reciprocal | preference. |
3.7.3 Tiebreakers
| Oregon | Supplies: | If | Agency | receives | Offerors | identical | in | cost, | fitness, | availability | and | quality | ||
| and | chooses | to | award | a | Contract, | Agency | shall | award | the | Contract | in | accordance | with | the |
| procedures | outlined | in | OAR | 125-246-0300. |
3.8 POINT AND SCORE CALCULATIONS
Scores are the values (0 through 10) assigned by each evaluator.
Points are the total possible value for each section as listed in the table below.
Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:
TOTAL POINTS POSSIBLE : 120
POINTS POSSIBLE 100
3.5.2.1 Evaluation Item 1 (Expertise and Knowledge) 40
3.5.2.2 Evaluation Item 2 (Producer Engagement) 30
3.5.2.3 Evaluation Item 3 (Measuring Business Acumen) 30
3.12 COST POINTS POSSIBLE 20
EXAMPLE:
| Offeror | A | receives | scores | of | 10, | 9, | and | 8 | for | a | criterion | worth | 50 | points. | The | SPC | averages | 10, | 9, | |||
| and | 8 | for | a | score | of | 9. | 9 | is | used | as | a | 90% | multiplier | to | the | possible | points | of | 50. | 50 | multiplied | |
| by | 90% | is | 45. | Offeror | A’s | points | for | the | criterion | is | 45. |
OregonBuys Bid #S-60300-00016463
3.9 RANKING OF OFFERORS
| The | SPC | will | total | the | final | average | score | (calculated | by | totaling | the | points | awarded | by | each |
| Evaluation | Committee | member | and | dividing | by | the | number | of | members), | together | with | ||||
| references, | and | final | price. | After | each | applicable | preference | has | been | applied, | SPC | will | |||
| determine | rank | order | for | each | respective | Offer | and | Offeror, | with | the | highest | score | receiving | the | |
| highest | rank, | and | successive | rank | order | determined | by | the | next | highest | score. |
| SECTION | 4: AWARD | AND | NEGOTIATION |
| 4.1 AWARD | NOTIFICATION | PROCESS |
4.1.1 Award Consideration
| Agency, | if | it | awards | a | Contract, | shall | award | a | Contract | to | the | highest-ranking | Responsible |
| Offeror(s) | based | upon | the | scoring | methodology | and | process | described | in | Section | 3. | Agency | |
| may | award | less | than | the | full | Scope | defined | in | this | solicitation. |
4.1.2 Notice of Award
| Agency | will | notify | all | Offerors | in | Writing | that | Agency | has | awarded | a | Contract | to | the | selected |
| Offeror(s) | subject | to | successful | negotiation | of | any | negotiable | provisions. |
4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS
4.2.1 Insurance
| Prior | to | execution | of | the | Contract, | the | apparent | successful | Offeror | shall | secure | and |
| demonstrate | to | Agency | proof | of | insurance | coverage | meeting | the | requirements | identified | in | |
| the | solicitation | or | as | otherwise | negotiated. | |||||||
| Failure | to | demonstrate | coverage | may | result | in | Agency | terminating | Negotiations | and | ||
| commencing | Negotiations | with | the | next | highest-ranking | Offeror. | Offeror | is | encouraged | to | ||
| consult | its | insurance | agent | about | the | insurance | requirements | contained | in | Insurance | ||
| Requirements | (Exhibit | B | of | Attachment | A) | prior | to | offer | submission. |
4.2.2 Taxpayer Identification Number
| The | apparent | successful | Offeror | shall | provide | its | Taxpayer | Identification | Number | (TIN) | and | ||
| backup | withholding | status | on | a | completed | W-9 | form | if | either | of | the | following | applies: |
| • When | requested | by | Agency | (normally | in | an | intent | to | award | notice), | or | |
| • When | the | backup | withholding | status | or | any | other | information | of | Offeror | has | changed |
since the last submitted W-9 form, if any.
Agency will not make any payment until Agency has a properly completed W-9.
4.2.3 Business Registry
| If | selected | for | award, | Offeror | shall | be | duly | authorized | by | the | State | of | Oregon | to | transact |
| business | in | the | State | of | Oregon | before | executing | the | Contract. | The | selected | Offeror | shall |
OregonBuys Bid #S-60300-00016463
| submit | a | current | Oregon | Secretary | of | State | Business | Registry | number, | or | an | explanation | if |
| not | applicable. |
| All | Corporations | and | other | business | entities | (domestic | and | foreign) | must | have | a | Registered | ||
| Agent | in | Oregon. | See | requirements | and | exceptions | regarding | Registered | Agents. | For | more | |||
| information, | see | Oregon | Business | Guide, | How | to | Start | a | Business | in | Oregon | and | Laws | and |
| Rules. | The | titles | in | this | subsection | are | available | at | the | following | Internet | site: |
http://www.filinginoregon.com/index.htm.
4.3 CONTRACT NEGOTIATION
4.3.1 Negotiation
| After | selection | of | a | successful | Offeror, | Agency | may | negotiate | the | Statement | of | Work | as | well |
| as | following | terms | and | conditions: |
Agency will only negotiate the following provision:
• Term of the contract
• Descriptions of goods and services
• Compensation
| In | the | event | that | the | parties | have | not | reached | mutually | agreeable | terms | within | 14 | calendar |
| days, | Agency | may | terminate | Negotiations | and | commence | Negotiations | with | the | next | ||||
| highest-ranking | Offeror. |
| SECTION | 5: ADDITIONAL | INFORMATION | |||
| 5.1 COMMITMENT | TO | DIVERSITY, | EQUITY, | AND | INCLUSION |
| The | State | of | Oregon | is | committed | to | taking | active | steps | toward | increasing | and | promoting |
| diversity, | equity, | and | inclusion | values | across | procurement | processes | for | minority, | women, | |||
| emerging | small, | and | service-disabled | veteran | owned | businesses | by | reducing | barriers | to | |||
| compete | for | and | be | awarded | state | contracts. | All | interested | businesses | are | encouraged | to | submit |
| proposals | for | this | contracting | opportunity. |
5.2 CERTIFIED FIRM PARTICIPATION
| Pursuant | to | Oregon | Revised | Statute | (ORS) | Chapter | 200, | Agency | encourages | the | participation | of | |
| small | businesses, | certified | by | the | Oregon | Certification | Office | for | Business | Inclusion | and | ||
| Diversity | (“COBID”) | in | all | contracting | opportunities. | This | includes | certified | small | businesses | in | ||
| the | following | categories: | disadvantaged | business | enterprise, | minority-owned | business, | woman- | |||||
| owned | business, | a | business | that | a | service-disabled | veteran | owns | or | an | emerging | small | business. |
| Agency | also | encourages | joint | ventures | or | subcontracting | with | certified | small | business | |||
| enterprises. | For | more | information, | visit | the | COBID | website | or | COBID. |
| If | the | Contract | has | potential | subcontracting | opportunities, | the | successful | Offeror | may | be |
| required | to | submit | a | completed | Certified | Disadvantaged | Business | Outreach | Plan | (Attachment | |
| F) | prior | to | execution. |
OregonBuys Bid #S-60300-00016463
5.3 GOVERNING LAWS AND REGULATIONS
| This | intermediate | procurement | is | governed | by | the | laws | of | the | State | of | Oregon. | Venue | for | any | |||
| administrative | or | judicial | action | relating | to | this | intermediate | procurement, | 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 | 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. |
5.4 OWNERSHIP/PERMISSION TO USE MATERIALS
| All | Offers | submitted | in | response | to | this | solicitation | become | the | property | of | Agency. | By | |
| submitting | an | Offer | in | response | to | this | solicitation, | Offeror | 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 | Offer | solely | for | the | purpose | of | evaluating | the | Offer, |
| negotiating | a | Contract, | if | awarded | to | Offeror, | or | as | otherwise | needed | to | administer | the | |
| intermediate | procurement | process, | and | to | fulfill | obligations | under | Oregon | Public | Records | Law | |||
| (ORS | 192.311 | through | 192.478). |
5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.
| Pursuant | to | ORS | 279B.100, | Agency | may | reject | any | or | all | Offers | in-whole | or | in-part | or | may | ||
| cancel | this | solicitation | 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 | Agency | is | liable | to | any | Offeror | |
| for | any | loss | or | expense | caused | by | or | resulting | from | the | delay, | suspension, | or | cancellation | of | the | |
| solicitation, | award, | or | rejection | of | any | Offer. |
5.6 COST OF SUBMITTING AN OFFER
| Offeror | shall | pay | all | the | costs | in | submitting | its | offer, | including, | but | not | limited | to, | the | costs | to |
| prepare | and | submit | the | offer, | costs | of | samples | and | other | supporting | materials, | costs | to | ||||
| participate | in | demonstrations, | or | costs | associated | with | protests. |
5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE
| If | applicable, | Offeror | shall | include | information | in | its | offer | that | demonstrates | compliance | with |
| the | Statewide | E-Waste/Recovery | Procedure | 107-011-050_PR. | Download | the | procedure | by | ||||
| visiting | www.oregon.gov/DAS, | then | enter | the | procedure | number | into | the | search | bar, | and | find |
| the | procedure | in | the | search | results | window. |
5.8 RECYCLABLE PRODUCTS
| Offeror | shall | use | recyclable | products | to | the | maximum | extent | economically | feasible | in | the | ||
| performance | of | the | Services | or | Work | set | forth | in | this | document | and | the | subsequent | Contract. |
| (ORS | 279B.025) |
OregonBuys Bid #S-60300-00016463
| SECTION | 6: LIST | OF | ATTACHMENTS |
| ATTACHMENT | A | SAMPLE | CONTRACT |
ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT
ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET
ATTACHMENT D REFERENCE CHECK FORM
ATTACHMENT E COST SHEET
ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN
ATTACHMENT G RESPONSIBILITY INQUIRY
DAS Procurement Services, Version 2.2 – March 6, 2019 Page 1
PCA 20695
State of Oregon
Contract for Services
This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Department of Agriculture, (“Agency)” and ________, a [_______][doing business as _____] (“Contractor”) and is effective as of the Effective Date.
Contractor’s Contract Administrator for this Contract is:
Name and Title **Address
**City, State ZIP Phone: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx anyname@yahoo.com
Agency's Contract Administrator for this Contract is:
Amy Gilroy, Development Manager Agriculture-Agricultural Development & Marketing 635 Capitol St. NE, Suite 100 Salem, OR. 97301 Phone: (503) 709-5360 Fax: (503) 986-4737 amy.gilroy@oda.oregon.gov
Either party may change its Contract Administrator by providing the other notice in compliance with Section
17.6 of this Contract.
1. Contract Term.
The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and, approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates on December 1, 2026. The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.
2. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence:
2.1. this Contract less all exhibits;
2.2. Exhibit A (Statement of Work);
2.3. Exhibit B (Required Insurance), and
2.4. Exhibit C (Independent Contractor Certification)
The foregoing documents and Exhibits are attached hereto and made a part of the Contract by this reference.
3. Services.
DAS Procurement Services, Version 2.2 – March 6, 2019 Page 2
3.1. Performance of Services. Contractor shall perform the services (the “Services”) and deliver to agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Contract.
3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work. Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has the characteristics and otherwise meets the acceptance criteria set forth in the Statement of Work. If Agency determines that the Deliverables has the characteristics and meets acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s acceptance of the Deliverables.
3.3. Rejection of Deliverables; Corrections. If Agency determines that a Deliverables does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15 business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor's delivery of the Deliverables. Failure of the Deliverables to have the characteristics or meet in all material respects the acceptance criteria set forth in the Statement of Work after the second submission will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this Section, or
(ii) notify Contractor of such default and pursue its remedies for default provided for by law or the terms of this Contract.
4. Compensation.
4.1. Not to Exceed Compensation. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $***,***.**. Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract, and will not pay for Services performed before the Effective Date or after the expiration or termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Services subject to the amendment.
4.2. Payments. Payments, including interim payments, to Contractor are subject to ORS 293.462, will be made only for completed and accepted Deliverables and Services, and will be made in accordance with the payment schedule and requirements set forth in Exhibit A.
4.3. Invoices. Contractor shall submit invoices to Agency as set forth in the Statement of Work or, if not set forth therein, to Agency’s Contract Administrator. Contractor may submit invoices in accordance with the payment schedule set forth in the Statement of Work or, if no payment schedule is set forth therein, then no more frequently than once per month for accepted Deliverables and Services The invoices must describe all Services performed with particularity, including the dates Contractor performed the Services for which it is requesting payment, and by whom the Services were performed and shall itemize and explain all
DAS Procurement Services, Version 2.2 – March 6, 2019 Page 3 expenses that this Contract requires Agency to pay and for which Contractor claims reimbursement. Each invoice must also include the total amount invoiced to date by Contractor prior to the current invoice.
4.4. Expenses. Agency will not pay or reimburse any expenses incurred by Contractor during the completion of the Services except as authorized in the Statement Work or elsewhere in this Contract. Any such authorized travel expenses must comply with the Oregon Travel Policy available on the Internet at:
http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf
4.5. Funds Available and Authorized. Contractor will not be compensated for Services performed under this Contract by any agency or department of the State of Oregon other than Agency. Agency believes it has sufficient funds currently available and authorized for expenditure to make payments under this Contract within Agency’s biennial appropriation or limitation. Contractor understands and agrees that Agency’s payments under this Contract are contingent on Agency receiving appropriations, limitations, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.
5. Contractor’s Personnel.
5.1. Key Persons. Contractor acknowledges and agrees that Agency selected Contractor, and is entering into this Contract, because of the special qualifications of Contractor's key persons identified in the Statement of Work (each a “Key Person” and, together, “Key Persons”). Neither Contractor nor a Key Person may delegate performance of the powers and responsibilities that a Key Person is required to provide under this Contract to another Contractor employee, subcontractor or agent without first obtaining the written consent of Agency. Further, Contractor may not re-assign or transfer a Key Person to other duties or positions such that the Key Person is no longer available to provide the Agency with the required expertise, experience, judgment, and personal attention, without first obtaining Agency's written consent to such re-assignment or transfer, which Agency will not unreasonably withhold or delay. Notwithstanding the foregoing, Contractor may replace a Key Person in the event the Key Person is no longer available due to circumstances beyond Contractor’s reasonable control, such as death, illness, or termination of employment with Contractor. In the event Contractor requests that Agency approve a re-assignment or transfer of a Key Person, or if Contractor must replace a Key Person, Agency may interview, review the qualifications of, and approve or reject the proposed replacement for the Key Person. Any such replacement must have substantially equivalent or better qualifications than the Key Person being replaced. Any replacement personnel approved by Agency in writing (email acceptable) will thereafter be deemed a Key Person for purposes of this Contract, and the Statement of Work will be deemed amended to include such Key Person.
5.2. Payment for Replacement Key Personnel. If Agency is paying Contractor on an hourly or other periodic basis, then Contractor will not charge Agency, and Agency will not pay, for a replacement Key Person while such replacement acquires the project knowledge and skills necessary to perform the Services. Such period of non-charge will be agreed upon by the parties.
5.3. State Premises. Contractor and Contractor staff shall comply with all policies, rules, procedures, and regulations established by Agency and the State for access to and activities in and around premises controlled by Agency or any other agency of the State.
6. Independent Contractor; Responsibility For Taxes And Withholding
6.1. Independent Contractor. Contractor shall perform all Services as an independent contractor.
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