RFP S-62800-00002164 Executive Recruiter~1.pdf

RFP S-62800-00002164 – Executive Recruitment Services Page 1 of 17

STATE OF OREGON

COVER PAGE

Oregon Forest Resources Institute

EXECUTIVE RECRUITMENT SERVICES

Intermediate Request for Proposal (RFP)

Date of Issue: February 17, 2022

Closing Date: March 18, 2022, 1:00 PM Pacific Time

Single Point of Contact (SPC): Kathy Storm, Senior Manager, Business Operations

Address: 9755 SW Barnes Road, Suite 210

City, State, Zip Portland, OR 97225

Phone (voice) 971-673-2953

Phone (fax) 971-673-2946

E-mail: storm@ofri.org

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

mailto:storm@ofri.org

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER REQUIREMENT

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: PROCUREMENT PROCESS

4.1 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.2 PROPOSAL DELIVERY OPTIONS

4.3 PROPOSAL MODIFICATION OR WITHDRAWAL

4.4 PROPOSAL DUE

4.5 PUBLIC OPENING

4.6 PROPOSAL REJECTION

4.7 EVALUATION PROCESS

4.9 PRICE EVALUATION

4.10 NEXT STEP DETERMINATION

4.11 PREFERENCES

4.12 POINT AND SCORE CALCULATIONS

4.13 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

6.8 COVID REQUIREMENT

SECTION 7: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Forest Resources Institute (“Agency”), is issuing this Request for Proposal for executive recruiting services.

Additional details on the Scope of the services are included in the Scope of Work section.

Agency anticipates the award of one Contract from this solicitation. The termination date of the contract is October 31, 2022. All work must be completed and accepted by Agency by the termination date.

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.

Event Date Time

Pre-Proposal Conference (optional) March 1, 2022 2:00 PM

Questions / Requests for Clarification Due March 4, 2022 5:00 PM

Closing (Proposal Due) March 18, 2022 1:00 PM

Issuance of Notice of Award (approx.)

Week of April 4,

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. Proposer 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 RFP pursuant to its authority under ORS 526.640, ORS 526.645, ORS 279B.050, and OAR 137-047-0250.

Agency is using the solicitation method, pursuant to 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.

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2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in 137-046-0110 or as defined below.

2.3 OVERVIEW

The Oregon Forest Resources Institute supports and enhances Oregon’s forest products industry by advancing public understanding of forests, forest management and forest products.

The basic job of the Executive Director is to carry out the goals and objectives of the Institute as defined by the legislature in ORS 526.600 – 526.675 and under the general leadership of the Board of Directors. These statutory goals include:

Increase public understanding of the practice of forestry and the use and benefits of forest products.

Support education and cooperative efforts among private forest landowners and within the forest products industry to:

Practice good stewardship of the land and protect water and other public resources to the maximum extent practicable;

Encourage, facilitate and assist private forest landowners to meet or exceed state and federal regulations governing forest operations;

Evaluate and communicate to private forest landowners the stewardship responsibility expectations of the public, and

In cooperation with the Oregon Department of Forestry, Oregon State University and other appropriate government or private entities, serve as a clearinghouse for the dissemination of forestry information through conferences, workshops and other means.

Conduct research and help facilitate continued improvements in forest management and wood utilization.

The Executive Director is selected by and reports to the members of the Board of the Oregon Forest Resources Institute; no other position reports directly to the Board. The Executive Director sets Board agendas, directs the development of long-term strategy and sets goals to accomplish the strategy. The Executive Director ensures that action is taken on Board decisions. The Executive Director is responsible to the Board for the Institute fulfilling its mission and meeting its objectives. Approximately $5 million in funds is managed annually.

The position requires a good working relationship with the state executive branch, legislators, educators and representatives of the education community;

representatives of relevant business, professional and civic organizations;

conservation groups, members of the forest sector, the news media and the general public.

2.4 SCOPE OF WORK/SPECIFICATIONS

The position being recruited for is the Executive Director at OFRI located in Portland, Oregon.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

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Contractor shall complete the following:

2.4.1. Develop and design a tailored recruitment strategy to find the best candidates.

Identify, target and recruit proven candidates. OFRI is an equal opportunity, affirmative action employer committed to workforce diversity.

2.4.2. Review current position description, utilizing any background information the Agency has already gathered;

2.4.3. Work with the Agency to refine the comprehensive position specification for the position which includes: a general description of the organization; the basic function, authority and responsibilities of the contracted position; the Agency’s immediate and long-term goals, as well as the Agency’s vision, mission, values and philosophy; all candidate qualification requirements including education, experience and personal characteristics; and the position’s salary range and benefits;

2.4.4. Submit a timetable including key milestones, as well as target date for selection and appointment of the successful candidate for approval; target completion date by June 30, 2022, or no later than six months from the start of the recruitment;

2.4.5. Draft recruitment letter in Microsoft Word for Agency review and approval, describing the position and inviting prospective candidate applications, including desired candidate skills, organizational fit, experience and attributes;

2.4.6. Create the supplemental screening tools (if needed). Consult with, advise and provide Agency a report in Microsoft Word on processes for the semi-final and final interviews;

2.4.7. Develop and provide Agency with a comprehensive list of candidates to be reached through an in-person, telephone and direct mail/email campaign;

2.4.8. Make direct recruitment calls to contacts and prospective candidates informing them of the Agency’s position. Provide Agency with a written report of candidates contacted;

2.4.9. Identify and participate in interviews with internal and external stakeholders; and

2.4.10. Maintain contact with key candidates throughout the screening process to sustain interest and provide candidates updates on the status of the recruitment process.

2.4.11. Contractor shall arrange for their own travel that may be required during the recruitment process. Agency will reimburse actual costs per the travel policy attached as Exhibit A to this RFP.

2.4.12. Agency will be responsible for all travel arrangements for candidates, including but not limited to, airfare, hotel accommodations and car rentals.

2.4.13. During the course of travel to interviews with Agency, the actual and necessary costs for meals will be reimbursed directly to the candidate per the travel policy attached as Exhibit A to Attachment A Sample Contract.

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2.4.14. Preliminary Screening

Create a screening process, for Agency review and approval, which must include having the candidates complete a State of Oregon application and provide responses to supplemental questions.

Resulting materials should demonstrate:

2.4.14.1. Maintain contact with key candidates throughout the screening process to sustain interest and provide candidates updates on the status of the recruitment process;

2.4.14.2. Detailed information regarding experience, ability and credibility with key stakeholders, as suitable for this position;

2.4.14.3. An early indicator of the sincerity of his/her interest;

2.4.14.4. An opportunity to view the candidate’s analytical, management and communication styles; and

2.4.14.5. An indicator of applicant’s philosophy and values as relevant to this position.

2.4.14.6. Provide written progress reports every two weeks following beginning of proactive recruitment process. (Process is considered complete once a candidate has accepted the position.)

2.4.15. In Preparation for Final Interviews

2.4.15.1. Conduct in-depth, professional reference inquiries within mutually agreed upon times on each of the finalists that include supervisors, peers, stakeholders and subordinates; confirm all academic credentials for each finalists; and

2.4.15.2. Deliver a written report that includes reference reports and education verification for each finalist.

2.4.16. If Requested by Agency

2.4.16.1. Create and submit to the Agency a list of suggested interview questions designed to augment questions that interview panel(s) participants may wish to ask.

2.4.16.2. Participate in staffing finalists’ interviews.

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SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER REQUIREMENT

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

Minimum 10 years’ experience recruiting executive-level positions for either private or public organizations

This Mandatory requirement is on a pass/fail basis. If proposal fulfills all mandatory requirements, it will move into the evaluation phase. If the proposal does NOT fulfill ALL mandatory requirements, it will be considered non-responsive and will NOT be evaluated.

3.2 MINIMUM SUBMISSION REQUIREMENTS

To be considered for evaluation, Proposer must submit a Proposal and Attachments that contain each of the following elements (further detailed in Proposal Requirements section below):

Executive Summary

Evaluation Material (See section 3.3.5)

Key Persons and Resumes (Do not submit resumes for staff that will not be assigned to account)

Work Samples

Attachments (Attachments B-C and Attachments E-G should be submitted as a separate file and not included in the Proposal):

Disclosure Exemption Affidavit (Attachment B)

Proposer Information and Certification Sheet (Attachment C)

Price Proposal Form (Attachment E)

COBID Certification / Outreach Plan (Attachment F)

Responsibility Inquiry (Attachment G)

3.2.1 Proposal Page Limits

Proposal is limited to 10 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

Disclosure Exemption Affidavit (Attachment B)

Proposer Information and Certification Sheet (Attachment C)

Reference Check forms (Attachment D—do not return with Proposal)

Price Proposal (Attachment E)

COBID Certification / Outreach Plan (Attachment F)

Responsibility Inquiry (Attachment G)

Work samples

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3.2.2 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely proposes to provide the goods or services as stated in this RFP will be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

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

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

3.3.2 References

Provide in proposal a list of three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. Reference list must include the year Proposer performed the work. References must be able to verify the quality of previous, related Work.

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

Proposer shall submit reference names and contact information in the proposal. The Reference Check Form, provided as Attachment D to this Proposal, is an example of what will be sent by the SPC to references—Agency will send the form to references. Proposers are not to include completed reference forms with Proposal. Agency will make three attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

3.3.3 Price Proposal

Submit a Price Proposal (Attachment E) stating the project cost, including all expenses.

Submit as a separate file. Do not include pricing in the proposal.

3.3.4 Key Persons and their Resumes

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Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each individual that demonstrates qualifications and experience for the Work described. Only include resumes for staff who will be assigned to Contract.

3.3.5 Evaluation Material

Proposer must demonstrate how it meets the evaluation criteria set forth in Section 4.7 of the RFP.

3.3.6 Disclosure Exemption

Proposer is requested to complete and submit the Disclosure Exemption Affidavit (Attachment B) as part of the Proposal.

3.3.5 Proposal Format and Quantity

Proposer shall submit one electronic copy of its Offer. In addition, if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer, clearly identified as the redacted version. Cost information must be submitted as a separate electronic file.

SECTION 4: PROCUREMENT PROCESS

A Pre-Proposal conference call will be held at the date and time listed in the Schedule.

Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

Provide additional description of the project;

Explain the RFP process; and

Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference Video Call at https://us02web.zoom.us/j/81982963244?pwd=NG95aWlVTGhaUGRiMjZST0ZNdTZNZz09 or by phone: +1 253 215 8782 US; Meeting ID: 819 8296 3244.

4.1 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

Be delivered to the SPC via email;

Reference the RFP number;

Identify Proposer’s name and contact information;

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

Be received by the due date and time for Questions/Requests for Clarification identified in https://us02web.zoom.us/j/81982963244?pwd=NG95aWlVTGhaUGRiMjZST0ZNdTZNZz09

RFP S-62800-00002164 – Executive Recruitment Services Page 10 of 17 the Schedule.

4.2 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. Agency is not responsible for any delays by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

4.2.1 Delivery by email

A Proposal must be submitted to the attention of the SPC at the email listed on the Cover Page with the Proposer’s name and the RFP number as the subject line of the email.

For delivery to be effective, Proposer shall, prior to Closing, complete all of the following steps:

Submit its proposal via email with an auto-generated electronic return receipt requested.

Receive an automatically generated electronic return receipt.

Verify receipt of the email and attached proposal file(s) by telephone call or email to the SPC listed on the cover page of the RFP.

The total combined size of the Proposal and Coversheet should be compressed so it does not exceed 10 megabytes.

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

4.2.2 Delivery via electronic data storage service

A Proposer may submit its Proposal by electronic means via electronic data storage service available to OFRI (such as Dropbox (preferred), Google Cloud or other) by completing all of the following steps prior to the Closing:

Proposer shall place an electronic copy of the Proposal in the electronic data storage location.

Send an confirming email without the electronic copy of the Proposal to the SPC at the email listed on the Cover Page attached that provides a link to the data storage location , instructions for OFRI on how to retrieve the Proposal from the data storage location, the Proposer’s name and the RFP number.

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Submit the confirming email with an auto-generated electronic return receipt requested, receive an automatically generated electronic return receipt.

Verify receipt of the confirming email by telephone call or email to the SPC listed on the cover page of the RFP.

4.3 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section.

To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, fax, hard copy prior to closing in accordance with OAR 137-047-0440. To be effective the notice must include the RFP number.

4.4 PROPOSAL DUE

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

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

4.5 PUBLIC OPENING

Due to COVID-19, no public opening will be held.

4.6 PROPOSAL REJECTION

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

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

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

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

4.6.4 Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

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

4.6.6 Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those

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4.7 EVALUATION PROCESS

4.7.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

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

4.7.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition.

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

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

Describe your experience and background recruiting executives in natural resource positions, public sector positions and/or organizations representing forest sector stakeholders. (maximum 40 points)

Describe your approach to the OFRI Executive Director recruitment. (maximum 40 points)

Provide a timeline outlining the completion of the statement of work described in Section 2.4 Scope of Work of this RFP. (maximum 10 points)

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4.9 PRICE EVALUATION

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

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

4.10 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 Proposals

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers 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 ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

4.11 PREFERENCES

4.11.1 Oregon Supplies and Services

For evaluation purposes per OAR 137-046-0310, Agency shall add a percent increase to each out-of-state Proposer's Proposal price that is equal to the percent preference, if any, given to a Resident Proposer in the Proposer's state.

4.12 POINT AND SCORE CALCULATIONS

Price points are calculated as stated in the Price Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE : 190

POINTS POSSIBLE 140

4.7.2.1

Describe your experience and background recruiting executives in natural resource positions, public sector positions and/or organizations representing forest sector stakeholders.

https://www.naspo.org/reciprocity1

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4.7.2.2 Describe your approach to the OFRI Executive Director recruitment.

4.7.2.3

Provide a timeline outlining the completion of the statement of work described in Section 2.4 Scope of Work of this RFP.

3.3.3 PRICE POINTS POSSIBLE 30

3.3.2 REFERENCES 20

4.13 RANKING OF PROPOSERS

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 Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3.

Agency may award less than the full Scope defined in this RFP.

5.1.2 Notice of Award

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

5.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.2.1 Insurance

Prior to execution of the Contract, the apparent successful Proposer 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 Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to Proposal submission.

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5.2.2 Taxpayer Identification Number

The apparent successful Proposer 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 Proposer 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.

5.2.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Proposer shall 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.

5.3 CONTRACT NEGOTIATION

5.3.1 Negotiation

By submitting an Offer, Proposer agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Offer, the State intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposals.

Any Proposal that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

All items, except those listed below, may be negotiated between Agency and the apparent successful Proposer in compliance with Oregon State laws:

Choice of law

Choice of venue

Constitutional requirements

All applicable Federal and State requirements

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

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

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SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

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

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

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

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

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 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 from the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of Agency. By submitting an Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Offer, negotiating an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

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

Pursuant to ORS 279B.100, Agency may reject any or all Proposals 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 Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

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

RFP S-62800-00002164 – Executive Recruitment Services Page 17 of 17

6.5 COST OF SUBMITTING A PROPOSAL

Proposer 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.

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. 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.

6.7 RECYCLABLE PRODUCTS

Proposer 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)

6.8 COVID REQUIREMENT

COMPLIANCE WITH EXECUTIVE ORDER 21-29, COVID-19 Vaccination Requirement for State Executive Branch. If selected for award, Bidder must certify that during the term of the Contract or the duration of State of Oregon Executive Order 21-29 (EO 21-29), whichever expires or terminates first, that Contractor will comply with, and that Contractor has and will maintain documentation that each Worker who provides goods and services at an Agency worksite is fully vaccinated against COVID-19, unless an exception under paragraph 6 of EO 21-29 applies.

SECTION 7: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

http://www.oregon.gov/DAS