RFP - S-69000-00009639 - Thermistors~2.pdf

OregonBuys Solicitation # S-69000-00009639

STATE OF OREGON

COVER PAGE

OREGON WATER RESOURCES DEPARTMENT

is issuing this Intermediate Procurement under S-69000-00009639 for

ACQUISITION OF THERMISTOR THERMOMETERS

Date of Issue: March 28, 2024

Opening Date: April 27, 2024 @ 8:00 AM Single Point of Contact (SPC): Robin Ramsey, Procurement and Contract Specialist

Address: 725 Summer ST NE, Suite A City, State Zip Salem, OR 97301 Phone: (971) 375-8850 Email: robin.v.ramsey@water.oregon.gov

The State of Oregon promotes the equal opportunity for all individuals without regard to age, color, disability, marital status, na�onal origin, race, religion or creed, sex or gender, sexual orienta�on, or veteran status.

mailto:robin.v.ramsey@water.oregon.gov

Table of Contents

STATE OF OREGON

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 PURPOSE

2.5 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 PROPOSAL CONTENT REQUIREMENTS

3.5 PUBLIC RECORD/CONFIDENTIAL OR PROPRIETARY INFORMATION

3.6 EVALUATION PROCESS

3.7 COST EVALUATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERS

3.11 NEXT STEP DETERMINATION

3.12 ADDITIONAL ROUNDS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 INTENT TO AWARD PROTEST

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.4 PRICE AGREEMENT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF PROPOSALS; NO DAMAGES

5.6 COST OF SUBMITTING AN PROPOSAL

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET (provided by Proposer)

ATTACHMENT F COBID CERTIFICATION/OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

The State of Oregon, ac�ng by and through the Water Resources Department (“Agency”), is issuing this Intermediate Procurement under the provisions of ORS 279B.060 for Handheld NIST cer�fied Thermistor Thermometers.

Addi�onal details on the Scope of the Goods or Services or both are included in the Scope of Work found in Sec�on 2.5.

Agency an�cipates the award of 1 Price Agreement from this Solicita�on. The ini�al term of the Price Agreement is an�cipated to be 2 years with op�ons to renew up to a maximum of 4 years.

Any purchases under the Price Agreement must be authorized by purchase orders or work orders issued by Agency in accordance with the ordering procedures described in the Atachment A – Sample Price Agreement. Offers are advised that there is no guarantee of any specific number of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicita�ons or award Project-specific Price Agreements or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

The table below represents a tenta�ve schedule of events. All �mes are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this Solicita�on.

Event Date Time

Ques�ons / Requests for Clarifica�on Due April 3, 2024 8:00 AM Answers to Ques�ons / Requests for Clarifica�on Issued (approx.) April 8, 2024 8:00 AM

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal due) See RFP cover page

Opening of Proposal April 29, 2024 8:00 AM

Issuance of No�ce of Intent to Award (approx.) May 13, 2024

Award Protest Period Ends 7 calendar days a�er No�ce of Intent to Award

The SPC for this Solicita�on is iden�fied on the Cover Page, along with the SPC’s contact informa�on. Proposer shall direct all communica�ons related to any provision of the Solicita�on, whether about the technical requirements of the Solicita�on, contractual requirements, the Solicita�on process, or any other provision only to the SPC.

Agency is issuing this Solicita�on pursuant to its authority under ORS 279A.050, OAR 125-246- 0170 (2), and ORS 279A.140.

https://oregon.public.law/statutes/ors_279b.060 https://oregon.public.law/statutes/ors_279A.050 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309576 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309576 https://oregon.public.law/statutes/ors_279A.140

Agency is using the Intermediate Procurement Solicita�on method set forth in ORS 279B.070 and

OAR 125-247-0270.

Agency is using the Compe��ve Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combina�on of the methods for Compe��ve Sealed Proposals, including op�onal procedures: a) Compe��ve Range; b) Discussions and Revised Proposals; c) Revised Rounds of Nego�a�ons; d) Nego�a�ons; e) Best and Final Proposals; and f) Mul�step Sealed Proposals.

For the purposes of this Solicita�on, capitalized words will refer to the following defini�ons.

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

Terminology specific to the OregonBuys system may be found at OregonBuys.

The Oregon Water Resources Department (OWRD) is charged with carrying out the water management policies and rules set by the Water Resources Commission and with overseeing the enforcement of Oregon’s water laws.

The OWRD is organized into five divisions: Field Services, Technical Services, Water Rights and Adjudica�ons, Director's Office, and Administra�ve Services. OWRD headquarters and the Northwest Regional office are in Salem. The OWRD also has four other regional offices and 20 small field offices throughout Oregon. The Field Services and Technical Services Divisions manage and administer the gage sta�on opera�ons and maintenance. The OWRD operates and maintains over 225 gaging sta�ons across the state. OWRD invites proposals for its purchase of water measurement devices. See the list of device specifica�ons below.

OWRD is seeking responses to this RFP from poten�al suppliers. Proposals will be selected based on the criteria listed in the RFP mandatory document atached to this RFP. OWRD intends to select a supplier from the responses received from this RFP. Selected Proposer(s) will enter in to a two

(2) or more year price agreement for the supply of the devices described in this RFP. OWRD may use the resul�ng Price Agreements for the supply of the devices during the specified period. OWRD shall use State Purchase Orders when ordering these items and all delivery instruc�ons or requirements shall be stated on each purchase order.

OWRD seeks to purchase the following item:

• Handheld NIST Cer�fied Thermistor Thermometers

Proposer must respond to the RFP using the following standards and Specifica�ons. If proposing subs�tu�on to these standards, Proposer must iden�fy the item proposed and clearly compare the quality, Specifica�on, and standard of the subs�tu�on.

Handheld NIST cer�fied Thermistor Thermometers

• Meter with probe for use in water

• Accurate to 0.5 C (required), 0.2 C preferred

• Resolu�on 0.1 C https://oregon.public.law/statutes/ors_279B.070 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=300224 https://oregon.public.law/statutes/ors_279b.060 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309618 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309618 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=300204 https://www.oregon.gov/das/ORBuys/Pages/Index.aspx

• Digital Readout

• °C/°F selectable

• Rugged – for field use

• NIST Cer�fied – Meter and probe calibrated together.

• Probe lengths in the 4-6” range.

To be considered for evalua�on, Proposal must demonstrate how Proposer meets all requirements of this sec�on:

To be considered for evalua�on, Proposal must contain each of the following elements (further detail in Proposal Content Requirements sec�on below):

• Execu�ve Summary

• Administra�ve Proposal – must include responses to Sec�on 3.5.2

• Technical Proposal – Descrip�on of equipment features

• Disclosure Exemp�on Affidavit (Atachment B)

• Proposer Informa�on and Cer�fica�on Sheet (Atachment C)

• Reference Check Form (Atachment D)

• Price Proposal form (Atachment E) – submitted by Proposer.

• COBID Cer�fica�on / Outreach Plan (Atachment F)

• Responsibility Inquiry (Atachment G)

• Key Persons and Resumés

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

• Disclosure Exemp�on Affidavit (Atachment B)

• Proposer Informa�on and Cer�fica�on Sheet (Atachment C)

• Reference Check Form (Atachment D)

• Price Proposal

• COBID Cer�fica�on / Outreach Plan (Atachment F)

• Responsibility Inquiry (Atachment G)

Proposer should follow the format and reference the sec�ons listed in the Proposer Content Requirements sec�on. Responses to each sec�on and subsec�on should be labeled to indicate the item being addressed. Proposer must describe in detail how requirements of this Solicita�on will be met and may provide addi�onal related informa�on.

Cost informa�on must be submited as a separate electronic file.

Proposer shall submit one electronic copy of its Proposal. In addi�on, 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 Exemp�on Affidavit (Atachment B), and Proposer shall submit a fully redacted version of its Proposal, clearly iden�fied as the redacted version.

The Proposer Informa�on and Cer�fica�on Sheet (Atachment C) must bear the Proposer’s authorized Representa�ve’s Signature.

A representa�ve authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representa�ve to sign the Proposal may subject the Proposal to rejec�on by Agency.

The Solicita�on, including all amendments and atachments, are published in the OregonBuys eProcurement system. Solicita�on documents will not be mailed to prospec�ve Proposals.

Agency shall adver�se all amendments on OregonBuys eProcurement system. Prospec�ve Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the Solicita�on by this reference.

All inquiries, whether rela�ng to the Solicita�on process, administra�on, deadline, or method of award, or to the intent or technical aspects of the Solicita�on must:

• Be delivered to the SPC via an OregonBuys submission;

• Reference the OregonBuys Bid number;

• Iden�fy Proposer’s name and contact informa�on;

• Be sent by an authorized representa�ve;

• Refer to the specific area of the Solicita�on being ques�oned (i.e., page, sec�on, and paragraph number); and

• Be received by the due date and �me for Ques�ons/Requests for Clarifica�on iden�fied in the Schedule set forth in Sec�on 1.2.

A pre-Proposal conference will not be held for this Solicita�on.

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the Solicita�on requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery.

Proposals submited by any means not authorized may be rejected.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in detailed instruc�ons on how to submit an Proposal can be found at OregonBuys Vendor Formal Solicita�on Response.pdf.

https://oregon.public.law/statutes/ors_chapter_192 https://oregon.public.law/statutes/ors_chapter_192 https://oregonbuys.gov/bso https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

The cost sheet must be submited as a separate electronic response file.

Proposer shall submit one copy of its Proposal and all other submital requirements, with Atachment C – Proposer Informa�on and Cer�fica�on Sheet bearing the Proposer’s authorized representa�ve's Signature, in one of the following formats: Adobe Acrobat (pdf), Microso� Word (docx), or Microso� Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemp�on Affidavit (Atachment B). Proposer shall also mark as “Confiden�al” in OregonBuys all atachments to its Proposal that Proposer believes are exempt from disclosure.

The Proposer Informa�on and Cer�fica�on Sheet (Atachment C) must bear the Proposer’s authorized Representa�ve's Signature.

Any Proposer who wishes to make modifica�ons to an Proposal already received by Agency shall submit its modifica�on in one of the manners listed in the Proposal Submission Op�ons sec�on and must denote the specific change(s) to the Proposal submission.

If an Proposer wishes to withdraw a submited Proposal, it shall do so prior to Opening. The Proposer shall submit a Writen no�ce Signed by an authorized representa�ve of its intent to withdraw its Proposal in accordance with OAR 137-047-0440. The no�ce must include the OregonBuys Bid number and be submited to the SPC.

Prospec�ve Proposer may submit a Writen protest of anything contained in this RFP, including but not limited to, the RFP process, Specifica�ons, Scope of Work, and the Sample Price Agreement/Price Agreement. this is prospec�ve Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

Prospec�ve Proposer may submit a Writen protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submited by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/�me specified in the Amendment, or they will not be considered. Protests of maters not added or modified by the Amendment will not be considered.

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys Bid number;

• Iden�fy prospec�ve Proposer’s name and contact informa�on;

• Be sent by an authorized Representa�ve;

• State the reason for the protest, including:

o The grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restric�ve, Legally Flawed, or improperly specifies a Brand Name; and o Evidence or documenta�on that supports the grounds on which the protest is based; and https://oregon.public.law/statutes/ors_chapter_192 https://oregon.public.law/statutes/ors_chapter_192 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11316

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and �me iden�fied in the schedule in sec�on 1.2.

Protests to an Amendment must be received by the due date iden�fied in the Amendment.

Proposal and all required submital items must be received by the SPC on or before the Opening. All Proposal modifica�ons or withdrawals must be completed prior to Opening.

Proposals received a�er Opening are considered LATE and will NOT be accepted for evalua�on. Late Proposals will be returned to the respec�ve Proposer or destroyed.

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

• Proposer fails to substan�ally comply with all prescribed solicita�on procedures and requirements, including but not limited to the requirement that Proposer’s authorized representa�ve sign the Proposal.

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

• Proposer has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments, or divisions.

• Proposer makes any contact regarding this Solicita�on with State representa�ves such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Proposer atempts to inappropriately influence a member of the Evalua�on Commitee.

• Proposer is condi�oned on Agency’s acceptance of any other terms and condi�ons or rights to nego�ate any alterna�ve terms and condi�ons that are not reasonably related to those expressly authorized for nego�a�on in the Solicita�on or Amendment.

There will be no public Opening of Proposals. Proposals received will not be available for inspec�on un�l a�er the evalua�on process has been completed and the No�ce of Award is issued. However, Agency will record and make available the iden�ty of all Offers a�er Opening.

Proposal must address each of the items listed in this sec�on 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 offers to provide the Goods or Services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual prin�ng, or other materials not essen�al to the u�lity and clarity of the Proposal. Do not include marke�ng or adver�sing material in the Proposal, unless requested. Proposal should be straigh�orward and address the requests of the RFP. Proposal containing unsolicited marke�ng or adver�sing material may receive a lower evalua�on score if required informa�on is difficult to locate.

https://oregon.public.law/statutes/ors_279B.110

The Proposer shall complete and submit the Proposer Informa�on and Cer�fica�on Sheet (Atachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Informa�on and Cer�fica�on Sheet may result in a finding of non-Responsibility.

Submit a Cost Sheet (Atachment E) electronically through OregonBuys sta�ng the price for each delivered item based on the required delivery schedule.

Specify key Persons to be assigned to this Project and include a current resumé (not-to-exceed two (2) pages each) for each individual that demonstrates qualifica�ons and experience for the work described.

Briefly describe how Proposer would address each of the selec�on criteria. Describe the return policy, shipping and delivery, and product warran�es. Proposer should illustrate how the plan will serve to coordinate and accomplish the work.

All Proposals are public record and are subject to public inspec�on a�er Agency issues the No�ce of the Intent to Award. If an Proposer believes that any por�on of its Proposal contains any informa�on 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), Proposer shall complete and submit the Disclosure Exemp�on Affidavit (Atachment B) and a fully redacted version of its Proposal.

Proposer is cau�oned that cost informa�on generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and iden�fying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to iden�fy the por�ons of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that informa�on.

Proposals received prior to Opening will be reviewed for Responsiveness to all solicita�on requirements including compliance with Sec�on 3.1 (Minimum Qualifica�ons) and Sec�on 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarifica�on from Proposer. However, clarifica�ons may not be used to rehabilitate a non-Responsive Proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047- 0470.

https://oregon.public.law/statutes/ors_192.345 https://oregon.public.law/statutes/ors_chapter_192 https://oregon.public.law/statutes/ors_chapter_192 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11322 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11322

Agency will determine if an apparent successful Proposer is Responsible prior to award and execu�on of the Price Agreement/Price Agreement. Selected Proposer(s) shall submit a signed Responsibility Inquiry Form (Atachment G) within five (5) Business Days of receipt of Intent to Award No�ce.

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

Proposals mee�ng the requirements outlined in the Proposal Content Requirements sec�on will be evaluated by an Evalua�on Commitee. Evaluators will assign a score for each evalua�on criterion listed below in this sec�on 3.6.2 up to the maximum points available as specified in sec�on 3.9 (Point and Score Calcula�ons).

SPC may request further clarifica�on to assist the Evalua�on Commitee in gaining addi�onal understanding of Proposals. A response to a clarifica�on request must be to clarify or explain por�ons of the already submited Proposal and may not contain new informa�on not included in the original Proposal.

Please describe your organiza�on’s customer support prac�ces and the extent to which your organiza�on Services its customers, history, and success of such prac�ces in the following areas:

RFP Topics

• Repair, return, and/or replacement policy and turnaround �me.

• Shipping and delivery of products.

• Warran�es offered on product lines.

• Product meets specific criteria in sec�on 2.5.

• Any other prac�ce that sets the organiza�on apart from the other suppliers.

• Experience in successfully working with OWRD.

• Product pricing.

The SPC will conduct the cost evalua�on. The SPC will award a score to each Cost Sheet based upon the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

lowest cost of all Offers X cost points possible = cost score cost being scored

Agency prefers Oregon Goods and Services, and for evalua�on purposes, per ORS 279A.128, Agency shall subtract 5% from the cost for any Proposer proposing all Goods fabricated or processed or all Services performed en�rely in Oregon before calcula�ng the cost score.

https://oregon.public.law/statutes/ors_279A.128

In comparing Goods from two or more Offers, if at least one Proposer proposes Goods manufactured with Recycled Materials, and at least one (1) Proposer does not, Agency will select the Proposer proposing Goods manufactured from Recycled Materials if each of the condi�ons specified in ORS 279A.125(2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

Oregon Supplies: If Agency receives Offers iden�cal in cost, fitness, availability, and quality and chooses to award a Price Agreement, Agency shall award the Price Agreement in accordance with the procedures outlined in OAR 137-046-0300.

Scores are the values (0 through 10) assigned by each evaluator.

Points are the total possible value for each sec�on as listed in the table below.

The SPC will average all scores for each evalua�on criterion. The average score will be used as a percentage mul�plier of the maximum possible points for that criterion. 1 = 10%, 5 = 50%, 9 = 90%, etc.

TOTAL POINTS POSSIBLE: 100

POINTS POSSIBLE

Repair, return and/or replacement policy & turnaround �me 15 Shipping & Delivery of products 10 Warran�es offered on product lines 5 Product meets specific criteria in sec�on 2.5 20 Any other prac�ce that sets the organization apart from the other suppliers 10 Experience in successfully working with OWRD 5

Sec�on 3.6 Cost Points Possible 35

EXAMPLE:

Proposer A receives scores of 10, 9, and 8 for criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% mul�plier to the possible points of 50. 50 mul�plied by 90% is 45. Proposer A’s points for the criterion is 45.

The SPC will average the scores for each Proposal in a given round of compe��on (calculated by totaling the points awarded by each Evalua�on Commitee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

A�er any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discre�on, determine an apparent successful Proposer with no addi�onal rounds of compe��on. If addi�onal rounds are conducted, Agency will rank advancing Offers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any �me during the solicita�on process.

https://oregon.public.law/statutes/ors_279A.125 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11212

Agency may conduct addi�onal rounds of compe��on if in the best interest of the State. Addi�onal rounds of compe��on may consist of, but will not be limited to:

• Interviews;

• Presenta�ons/Demonstra�ons/Addi�onal Submital Items;

• Discussions and submital of revised Proposals;

• Serial or simultaneous Nego�a�ons; and

• Best and Final Offers.

If Agency elects to conduct addi�onal round(s), Agency shall provide writen no�ce to all Offers describing the next step. At any �me, Agency may dispense with the selected addi�onal round and: (1) issue a No�ce of Intent to Award to the highest ranking Responsible Proposer; or (2) elect to conduct an alterna�ve round of compe��on; or (3) cancel the Solicita�on.

No addi�onal round(s) are planned for this RFP.

Agency, if it awards a Price agreement, shall award a Price Agreement to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process describe in Sec�on

3. Agency may award less than the full Scope defined in this Solicita�on.

Agency will no�fy all Offers in Wri�ng that Agency has awarded a Price Agreement to the selected Proposer(s) subject to successful nego�a�on of any nego�able provisions.

An affected Proposer shall have 7 calendar days from the date of the Intent to Award No�ce to file a Writen protest.

An Proposer is an affected Proposer only if the Proposer would be eligible for Price Agreement/price Agreement award in the event the protest was successful and is protes�ng for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evalua�on of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discre�on in rejec�ng the protestor’s Proposal as non-Responsive.

• Agency’s evalua�on of Proposal or determina�on of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evalua�on process and Intent to Award protest period and proceed with Price Agreement/Price Agreement Nego�a�ons and award.

https://oregon.public.law/statutes/ors_279b.410 https://oregon.public.law/statutes/ors_chapter_279b https://oregon.public.law/statutes/ors_chapter_279a

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys Bid number;

• Iden�fy Proposer’s name and contact informa�on;

• Be signed by an authorized Representa�ve of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award no�ce.

Agency will address all �mely submited protests within a reasonable �me and will issue a Writen decision to the respec�ve Proposer. Protests that do not include the required informa�on may not be considered by Agency.

Proposer(s) who are selected for a Price Agreement award under this RFP will be required to submit addi�onal informa�on and comply with the following:

Prior to execu�on of the Price Agreement, the apparent successful Proposer shall secure and demonstrate to Agency proof of insurance coverage mee�ng the requirements iden�fied in the solicita�on or as otherwise nego�ated.

Failure to demonstrate coverage may result in Agency termina�ng Nego�a�ons and commencing Nego�a�ons 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 Atachment A) prior to Proposal submission.

The apparent successful Proposer shall provide its Taxpayer Iden�fica�on 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 no�ce), or

• When the backup withholding status or any other informa�on of Proposer has changed since the last submited W-9 form, if any.

Agency will not make any payment un�l Agency has a properly completed W-9.

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before execu�ng the Price Agreement. The selected Proposer shall submit a current Oregon Secretary of State Business Registry number, or an explana�on if not applicable. Visit htps://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry informa�on.

All Corpora�ons and other business en��es (domes�c and foreign) must have a Registered Agent in Oregon. See requirements and excep�ons regarding Registered Agents. For more informa�on, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The �tles in this subsec�on are available at the following internet site:

htp://www.filinginoregon.com/index.htm.

http://www.irs.gov/pub/irs-pdf/fw9.pdf https://sos.oregon.gov/business/pages/register.aspx http://www.filinginoregon.com/index.htm

Prior to award, Proposer shall be required to complete and submit Atachment G – Responsibility Inquiry.

As a condi�on of receiving the award of a Price Agreement under this RFP, Proposer must cer�fy by its Signature on Atachment C - Proposer Informa�on and Cer�fica�on Sheet, in accordance with ORS 279A.112, that it has in place a policy and prac�ce of preven�ng sexual harassment, sexual assault, and discrimina�on against employees who are members of a protected class. The policy and prac�ce must include giving employees a writen no�ce that the policy both prohibits, and prescribes disciplinary measures for, conduct that cons�tutes sexual harassment, sexual assault, or unlawful discrimina�on.

By submi�ng a Proposal, Proposer agrees to comply with the requirements of the Solicita�on, including the terms and condi�ons of the Sample Price Agreement (Atachment A), with the excep�on of those terms reserved for nego�a�on.

Proposer shall review the atached Sample Price Agreement and note excep�ons. Unless Proposer notes excep�ons to the terms and condi�ons iden�fied as nego�able in its Proposal, the State intends to enter into a Price Agreement with the successful Proposer substan�ally in the form set forth in Sample Price Agreement (Atachment A). It may be possible to nego�ate some provisions of the final Price Agreement; however, many provisions cannot be changed. Proposer is cau�oned that the State of Oregon believes modifica�ons to the standard provisions cons�tute increased risk and increased cost to the State.

Any Proposal that is condi�oned upon Agency’s acceptance of any other terms and condi�ons may be rejected. Any subsequent nego�ated changes are subject to prior approval of the Oregon Department of Jus�ce.

Agency is willing to nego�ate ONLY the Statement of Work and the following terms and condi�ons.

Agency is willing to nego�ate all items, except those listed below:

• Choice of law

• Choice of venue

• Cons�tu�onal requirements

• Requirements of applicable federal and State law

In the event that the Par�es have not reached mutual agreeable terms within 14 calendar days, Agency may terminate Nego�a�ons and commence Nego�a�ons with the next highest ranking Proposer.

https://oregon.public.law/statutes/ors_279a.112

The State of Oregon is commited to taking ac�ve steps toward increasing and promo�ng diversity, equity, and inclusion values across Procurement processes for minority, women, emerging small, and service-disabled veteran owned business by reducing barriers to compete for and be awarded state Price Agreements. All interested businesses are encouraged to submit proposals for this contrac�ng opportunity.

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the par�cipa�on of small businesses, cer�fied by the Oregon Cer�fica�on Office for Business Inclusion and Diversity (“COBID”) in all contrac�ng opportuni�es. This includes cer�fied 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 subcontrac�ng with cer�fied small business enterprises. For more informa�on, visit:

htps://www.oregon.gov/biz/programs/cobid/pages/default.aspx

If the Price Agreement has poten�al subcontrac�ng opportuni�es, the successful Proposer may be required to submit a completed Cer�fied Disadvantaged Business Outreach Plan (Atachment F) prior to execu�on.

This intermediate Procurement is governed by the laws of the State of Oregon. Venue for any administra�ve or judicial ac�on rela�ng to this intermediate Procurement, evalua�on, 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 Sec�on 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 Cons�tu�on of the United States or otherwise, to or from any Claim or consent to the jurisdic�on of any court.

All Proposals submited in response to this Solicita�on become the property of Agency. By submi�ng an Proposal in response to this Solicita�on, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare deriva�ve works of, and transmit the Proposal solely for the purpose of evalua�ng the Proposal, nego�a�ng a Price Agreement, if awarded to Proposer, or as otherwise needed to administer the intermediate Procurement Process, and to fulfill obliga�ons under Oregon Public Records Law (ORS 192.311 through 192.478).

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this Solicita�on at any �me when the rejec�on or cancella�on 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 resul�ng from the delay, suspension, or cancella�on of the Solicita�on, award, or rejec�on of any Proposal.

https://oregon.public.law/statutes/ors_chapter_200 https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://oregon.public.law/statutes/ors_chapter_192 https://oregon.public.law/statutes/ors_279B.100

Proposer shall pay all the costs in submi�ng its Proposal, including but not limited to, the costs to prepare and submit the Proposal, costs of samples, and other suppor�ng materials, costs to par�cipate in demonstra�ons, or costs associated with protests.

If applicable, Proposer shall include informa�on in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visi�ng www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

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 Price Agreement. (ORS 279B.025) http://www.oregon.gov/DAS https://oregon.public.law/statutes/ors_279B.025