RFP S-60300-00016813 Statewide Technical Assistance Contractor~2.pdf
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- Solicitation number
- S-60300-00016813
- Issued by
- Marion County, Oregon
About this file
This is a Request for Proposal (RFP) issued by the Oregon Department of Agriculture (ODA) for statewide technical assistance contractor services to support the department's Regional Food System Development Programs. The solicitation seeks a single contractor to provide direct technical assistance to farm and food producers referred by ODA and three newly established Regional Food and Agriculture Business Centers (RFABCs): SEDCOR for the Mid-Willamette Valley, Eastern Oregon Border Economic Development Board (EOBB), and the Rogue Valley Food System Network. The contractor must deliver technical assistance on topics including access to capital, financial education, marketing, supply chain efficiencies, farm diversification, and wholesale market development to at least 60 producers while conducting no fewer than 6 regional trainings across the three RFABC regions between September and December 2026. The RFP was issued on May 12, 2026, with questions due May 26, 2026, and proposals due June 11, 2026 at 3:00 PM Pacific Time. The anticipated Notice of Award issuance is June 30, 2026. The initial contract term is six months with an option to renew for up to one additional year, terminating no later than December 31, 2026.
The Oregon Department of Agriculture has budgeted $162,000 for this project. The contractor will be responsible for all direct costs associated with technical assistance delivery, including registration fees, training coordination, speaker fees, facility costs, travel, and lodging; reimbursements or payments to producers are ineligible expenses. Proposals may include subcontractors subject to ODA approval, with the awarded contractor bearing full responsibility for subcontractor performance and project management. Evaluation criteria include expertise and knowledge in providing technical assistance to small and mid-size farm and food businesses (40 points), producer engagement strategies and systems utilized (30 points), and measuring impact through learner-centered teaching strategies and evaluation tools including familiarity with Customer Relationship Management or Enterprise Resource Planning software (30 points), with an additional 20 points available for cost evaluation. Minimum requirements include at least two years of relevant technical assistance experience with producers, services focused on small food businesses with 50 or fewer employees, ability to travel and deliver in-person trainings in Eastern Oregon, Southern Oregon, and the Mid-Willamette Valley, and familiarity with dashboard management systems. Oregon supplies and services receive a 10 percent cost preference under ORS 279A.128, and the state encourages participation of businesses certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID).
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OregonBuys Bid # S-60300-00016813
STATE OF OREGON
COVER PAGE
Oregon Department of Agriculture is issuing this Intermediate Procurement under S-60300-00016813 for
| STATEWIDE | TECHNICAL | ASSISTANCE | TO | SUPPORT |
| REGIONAL | FOOD | SYSTEM | DEVELOPMENT | PROGRAMS |
Date of Issue: May 12, 2026
Opening Date: June 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-60300-00016813
| 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 | ....................................................................................................................................................... | 4 |
| SECTION | 3: PROCUREMENT | REQUIREMENTS | AND | EVALUATION | ................................................ | 7 |
| 3.1 MINIMUM | OFFER | REQUIREMENTS | ........................................................................................................................................................ | 7 | ||
| 3.2 MINIMUM | SUBMISSION | REQUIREMENTS | .......................................................................................................................................... | 7 | ||
| 3.3 PROCUREMENT | PROCESS | ............................................................................................................................................................................ | 8 | |||
| 3.4 OFFERS | CONTENT | REQUIREMENTS | ................................................................................................................................................... | 10 | ||
| 3.5 EVALUATION | PROCESS | ............................................................................................................................................................................... | 10 | |||
| 3.6 COST | EVALUATION | ........................................................................................................................................................................................ | 12 | |||
| 3.7 NEXT | STEP | DETERMINATION | ................................................................................................................................................................. | 12 | ||
| 3.8 PREFERENCES | ................................................................................................................................................................................................... | 13 | ||||
| 3.9 POINT | AND | SCORE | CALCULATIONS | .................................................................................................................................................... | 13 | |
| 3.10 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-60300-00016813
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 | Statewide | Technical | Assistance | Contractor | to | support | the | ||||
| Oregon | Department | of | Agriculture’s | (ODA) | Regional | Food | Systems | Development | Programs. |
| Agency | anticipates | the | award | of | one | Contract | from | this | solicitation. | The | initial | term | of | the | ||||
| Contract | is | anticipated | to | be | six | (6) | months | with | options | to | renew | up | to | a | maximum | of | one | (1) |
year.
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 May 26, 2026 3:00 PM
Opening (offer Due) June 11, 2026 3:00 PM
Issuance of Notice of Award (approx.) June 30, 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.
2.2.1 General Definitions
Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.
OregonBuys Bid # S-60300-00016813
2.2.2 Project Specific Definitions
RFABCs: Regional Food and Agriculture Business Centers
| Technical | Assistance | (TA): | Refers | to | the | specialized | education, | resources, | and | guidance | |||
| provided | to | farms | and | food | businesses | to | help | them | grow, | scale, | and | sustain | their |
businesses.
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 | purpose | of | this | proposal | is | to | find | a | contractor | to | perform | Statewide | Technical | Assistance | that |
| supports | the | Oregon | Department | of | Agriculture | (ODA)’s | Regional | Food | System | Development | |||||
| Programs. | This | project | is | part | of | ODA’s | broader | effort | to | strengthen | Oregon’s | food | and | agriculture | |
| supply | chain | by | providing | direct | technical | assistance | to | farm | and | food | producers | to | support | ||
| business | growth | and | market | diversification. |
| Producers | in | Oregon | face | numerous | challenges | sustaining | viable | businesses | and | scaling | into | the | ||||
| middle | of | the | supply | chain | – | from | basic | farm | and | food | business | financial | management, | food | safety | |
| compliance, | cold | chain | logistics | and | distribution, | to | accessing | capital | — | most | producers | need | ||||
| ongoing | TA | to | help | them | proceed | to | the | next | growth | stage | in | their | business. | Many | producers | are |
| also | under-supported | to | run | complex | businesses | and | need | tailored | technical | assistance | to | scale | ||||
| into | regional, | national | and | international | markets. | While | there | are | many | programs | available | to | help | |||
| businesses | grow, | many | are | not | suited | specifically | for | farm | and | food | businesses. |
| The | Statewide | TA | Contractor | will | support | ODA | and | the | Regional | Food | and | Agriculture | Business |
| Centers | (RFABCs) | by | providing | direct | technical | assistance | to | referred | clients | based | on | business | |
| status, | growth | stage, | and | market | access | potential | through | December | 31, | 2026. |
The Oregon Department of Agriculture has budgeted $162,000.00 for this project.
2.4 SCOPE OF WORK/SPECIFICATIONS
| The | Statewide | TA | Contractor | (Contractor) | will | play | a | critical | role | in | strengthening | Oregon’s | |
| agricultural | economy | by | deploying | existing | technical | assistance | programming | to | producers | ||||
| referred | by | ODA | and | the | newly | established | Regional | Food | and | Agriculture | Business | Centers | |
| (RFABCs) | – | Strategic | Economic | Development | Corporation | (SEDCOR) | for | the | Mid-Willamette | Valley | |||
| (Marion, | Polk, | Yamhill), | Eastern | Oregon | Border | Economic | Development | Board | (EOBB), | and | the | ||
| Rogue | Valley | Food | System | Network. | The | Contractor | will | be | required | to | identify | gaps, | minimize |
| redundancies, | and | deliver | TA | to | recommended | producers. | Based | on | the | funding | available | and | |
| timeline | of | this | project, | we | anticipate | the | Contractor | will | be | responsible | for | promoting | existing |
| programs | and | opportunities. | However, | the | Contractor | will | have | flexibility | in | developing | and | ||
| delivering | new | TA | resources | within | the | project | period. | Proposals | prepared | with | subcontractors | ||
| are | allowed | and | subject | to | ODA | approval. |
OregonBuys Bid # S-60300-00016813
| The | Contractor | will | be | solely | responsible | for | paying | all | costs | associated | with | TA | delivery | to | |
| producers, | such | as, | but | not | limited | to, | registration | fees | for | courses, | coordination | of | trainings, | ||
| expert | speaker | fees, | facility | fees, | and | travel | and | lodging | costs | associated | with | the | TA | program. | |
| Reimbursements | or | payments | to | producers | are | ineligible | project | expenses | under | this | agreement. | ||||
| Eligible | TA | activities | that | the | Contractor | may | deliver | under | this | project, | include, | but | are | not | limited |
| to, | the | following: |
| • Access | to | capital, | i.e. | loan | application | assistance | |||
| • Mentoring | and | cohort | business | coaching | |||||
| • Financial | education | and | credit | counseling | |||||
| • Specialized | assistance | such | as | accounting, | legal, | or | human | resources | |
| • Efficiencies | in | the | middle | of | the | supply | chain | ||
| • Marketing | and | brand | identity | ||||||
| • Technology | services | such | as | web | development, | social | media, | or | e-commerce |
| • Wholesale | market | development | |||||||
| • Farm | business | diversification | for | value | added | production |
| The | Contractor | will | also | collaborate | with | the | Farm | Viability | Business | Program | Contractor | under | |
| Oregon’s | USDA | RFSI | Supply | Chain | Coordination | State | Plan | as | necessary. | The | Contractor | will | also |
| be | expected | to | integrate | evaluation | metrics | consistent | with | requirements | under | the | USDA | ||
| Resilient | Food | System | Infrastructure | (RFSI) | Grant | Program. |
| The | ODA | will | provide | local, | regional | and | national | technical | assistance | resources | such | as | those |
| provided | by | the | former | Northwest | Rocky | Mountain | Regional | Food | Business | Centers | to | be | |
| considered | in | the | menu | of | options | available | to | referred | producers. |
| Subcontractors | will | be | accepted. | Contractor | (awarded | proposer) | will | be | solely | responsible | for | the |
| overall | management | of | the | award, | the | project | activities, | reporting | obligations, | compliance | with | |
| contract | terms | and | conditions, | including | responsibility | for | subcontractor | performance. | See | |||
| Attachment | A | (Sample | Contract) | Section | 7 | for | further | details. |
Project Tasks:
1. Task 1: Project Startup and Regional Coordination
a. Activities
| i. Establish | coordination | meeting | with | ODA | Project | Manager | and | RFABCs. | |
| ii. Outline | a | calendar | of | TA | opportunities | for | the | project | period. |
| iii. Develop | a | proposed | travel | schedule | for | regional | trainings. |
b. Deliverables
| i. Conduct | a | project | kickoff | meeting | with | ODA | within | the | first | week | of | the |
| contract | execution | and | before | work | begins. |
| ii. Provide | a | written | project | workplan | outlining | priorities, | outreach | approach | |
| and | timeline | of | activities | (within | 30 | days | of | contract | start). |
OregonBuys Bid # S-60300-00016813
2. Task 2: Develop Technical Assistance Program
a. Activities
| i. Develop | meeting | schedules | for | 1:1 | consultation | for | clients | in | coordination |
| with | RFABCs | and | ODA. |
| ii. Utilize | existing | assessment | tools | (provided | by | RFABCs) | to | determine |
| common | TA | these | and | needs | of | clients. |
| iii. Research | and | collect | relevant | materials | across | priority | TA | themes. |
| iv. Design | program | approach | including | direct | 1:1 | TA | and | subcontracted |
services.
b. Deliverables
i. Detailed workplan for Technical Assistance Program.
3. Task 3: Deliver 1:1 TA and Regional Trainings
| a. | Activities | |||||||
| i. Utilize | client | management | systems | consistent | with | RFABC | tools | to |
| onboard, | track | and | monitor | client | progress. | ||||
| ii. Develop | outreach | materials | in | coordination | with | RFABCs | and | ODA. | |
| iii. Provide | 1:1 | TA | services | ongoing. | |||||
| iv. Manage | and | oversee | all | aspects | of | regional | trainings | including | registration, |
| facilitation | recruitment | of | subject | matter | expertise, | distribution | of |
| education | materials, | and | evaluation | reports. |
| b | . | Deliverables | |||||||||
| i. Provide | technical | assistance | to | at | least | 60 | producers. | ||||
| ii. Deliver | no | less | than | 6 | regional | trainings | (2 | in | each | RFABC | area). |
| iii. Evaluation | summary | of | regional | trainings | outcomes. |
Timeline
Deliverable Due Technical Assistance Program Workplan July 2026 Delivery of 1:1 TA Ongoing through December 1, 2026
Regional Trainings September – December 2026 Evaluation Summary December 31, 2026
OregonBuys Bid # S-60300-00016813
| SECTION | 3: PROCUREMENT | REQUIREMENTS | AND | EVALUATION |
| 3.1 MINIMUM | OFFER | REQUIREMENTS |
| Have | relevant | technical | assistance | experience | working | with | producers | for | at | least | two |
| years | before | the | date | that | this | RFP | is | posted. |
3.1.1 BUSINESS
| To | be | considered | for | evaluation, | Offeror | must | demonstrate | how | Offeror | meets | all | of | the |
| following | business | requirements: | |||||||||||
| o Provides | services | focused | on | small | food | businesses | (50 | employees | or | less), |
| including | those | in | the | trade | sector. | ||||||
| o Possess | the | ability | to | travel | and | deliver | in-person | trainings | in | Eastern | Oregon, |
Southern Oregon and the Mid-Willamette Valley.
3.1.2 TECHNICAL
| To | be | considered | for | evaluation, | Offeror | must | demonstrate | how | the | proposed | solution |
| meets | all | of | the | following | technical | requirements: | |||||
| o Be | familiar | with | dashboard | management | systems, | such | as | Open | Impact, | or | similar |
application) to coordinate and track progress of producers.
3.2 MINIMUM SUBMISSION REQUIREMENTS
3.2.1 Offeror Format and Quantity
| Offeror | should | follow | the | format | and | reference | the | sections | listed | in | the | Offeror | Content | |
| Requirements | section. | Responses | to | each | section | and | subsection | should | be | labeled | to | |||
| indicate | the | item | being | addressed. | Offeror | must | describe | in | detail | how | requirements | of | this | |
| solicitation | will | be | met | and | may | provide | additional | related | information. | Cost | information | |||
| must | be | submitted | as | a | separate | electronic | file. | |||||||
| OregonBuys | Electronic | Response. | Offeror | should | submit | its | Proposals | no | longer | than | ||||
| five | pages | electronically | through | OregonBuys. | Offeror | should | follow | the | procedures | |||||
| outlined | in | Section | 3.3.2.1 | for | electronic | submission. |
| Failure | of | Offeror’s | authorized | representative | to | sign | the | Offer | may | result | in | rejection |
| of | the | Offer | by | Agency. |
| 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. |
OregonBuys Bid # S-60300-00016813
3.2.2 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. |
3.3 PROCUREMENT PROCESS
3.3.1 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.
3.3.2 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
3.3.3 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. |
3.3.3.1 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 |
OregonBuys Bid # S-60300-00016813
| 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. |
3.3.6 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. |
3.3.7 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. |
3.3.8 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. |
OregonBuys Bid # S-60300-00016813
3.4 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.
3.4.1 Offeror Information and Certification Sheet
| The | Offeror | shall | complete | and | submit | the | Offeror | Information | and | Certification | Sheet |
| (Attachment | C). |
3.4.2 References
| Provide | at | least | 3 | references | from | current | or | former | client | firms | for | similar | projects | ||
| performed | for | any | clients | within | the | last | 2 | years. | References | must | verify | the | quality | of | |
| previous, | related | Work. | |||||||||||||
| 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. |
3.4.3 Costs
| Submit | a | detailed | Cost | Sheet | (Attachment | E) | electronically | through | OregonBuys | stating | the | ||||
| total | price | for | the | entire | project. | Include | a | breakdown | of | all | labor, | profit | and | expenses. |
3.4.4 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. |
3.5 EVALUATION PROCESS
3.5.1 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. |
OregonBuys Bid # S-60300-00016813
| 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.
3.5.2 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 | 1-10 | 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. |
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)
Please provide an overview of your organization.
| o Please | describe | your | expertise | in | providing | direct | technical | assistance | to | small | and |
| mid-size | businesses-specifically | farms, | food | businesses, | processors | and | local |
distributors.
| o Identify | the | key | staff | (new | or | existing) | and/or | subcontractors | that | will | contribute | to | |
| the | success | of | the | project. | If | you | are | collaborating | with | subcontractors | or | partner |
OregonBuys Bid # S-60300-00016813
| organizations, | describe | how | the | collaboration | will | strengthen | your | ability | to | deliver |
| business | technical | assistance | to |
o intended small and mid-size businesses.
3.5.2.2 Evaluation Item 2 (Producer Engagement) (30 points)
| Please | describe | which | producers | you | have | primarily | provided | technical | assistance | to, | ||
| include | the | types | of | resources, | partners, | and | systems | utilized | and | your | training | methods. |
3.5.2.3 Evaluation Item 3 ( Measuring Impact) (30 points)
| Please | describe | how | you | will | measure | the | impact | of | the | technical | assistance | you. | Plan | to |
| deliver | and | how | you | will | measure | the | 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? |
| o Please | describe | your | experience | with | Customer | Relationship | Management | (CRM) |
and Enterprise Resource Planning (ERP) software systems.
3.6 COST EVALUATION
| Following | the | scoring | and | ranking | of | the | Proposal | based | on | the | qualifications-based | criteria | ||||
| outlined | in | Section | 3.5.2 | the | separate | Cost | Proposals | submitted | by | the | 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. |
3.7 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-60300-00016813
| ranking | Responsible | Offeror; | or | (2) | elect | to | conduct | an | alternative | round | of |
| competition; | or | (3) | cancel | the | solicitation. |
3.8 PREFERENCES
3.8.1 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. |
3.8.2 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. |
3.8.3 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. |
3.9 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 Impact) 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-60300-00016813
3.10 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-60300-00016813
| 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-60300-00016813
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-60300-00016813
| 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
ODA-XXXX-SC
Statewide Technical Assistance to Support Regional Food System Development Programs
DAS Procurement Services, Version 2.2 – March 6, 2019 Page 1
PCA 20774
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:
Jim Cupples, Regional Food Systems Coordinator Agriculture, Agricultural Development & Marketing 635 Capitol St. NE, Suite 100 Salem, OR. 97301 Phone: (971) 493-2258 Fax: (503) 986-4737 jim.cupples@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 12/31/2026. 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.
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.
DAS Procurement Services, Version 2.2 – March 6, 2019 Page 2
PCA 20774
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 expenses that this Contract requires Agency to pay and for which Contractor claims reimbursement.
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
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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.
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