RFP_S-DASOBO-00002288.pdf

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STATE OF OREGON

COVER PAGE

Oregon Department of Administrative Services, Procurement Services on behalf of Oregon Employment Department

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00002288 for

ACCESS CONTROLS AND VIDEO MONITORING SYSTEMS

MAINTENANCE AND INSTALLATION

Date of Issue: Friday, September 30, 2022

Opening Date and Time: Monday, October 31, 2022 @ 4:00 PM PT

Single Point of Contact (SPC): Nathan C. Ramos, OPBC Procurement and Contract Specialist

Address: 1225 Ferry St. SE U140

City, State, Zip Salem, OR 97301-4285

Phone (voice) (971) 707-0016

E-mail: Nathan.ramos@das.oregon.gov

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:Nathan.ramos@das.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation

4.9 PUBLIC OPENING

4.10 PROPOSAL REJECTION

4.11 EVALUATION PROCESS

4.12 POINT AND SCORE CALCULATIONS

4.13 RANKING OF PROPOSERS

4.14 NEXT STEP DETERMINATION

4.15 ADDITIONAL ROUNDS (RESERVED)

4.16 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS (RESERVED)

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

6.3 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.4 COST OF SUBMITTING A PROPOSAL

6.5 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.6 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE PRICE AGREEMENT

EXHIBIT A – STATEMENT OF WORK

EXHIBIT B – WORKSITE LOCATIONS

EXHIBIT C – DESCRIPTION OF THE GOODS AND PRICES

EXHIBIT D – INSURANCE REQUIREMENTS

EXHIBIT E – PRURCHASE ORDER FORM

EXHIBIT F – LETTER OF ASSURANCE FOR CRIMINAL RECORD CHECK

EXHIBIT G – PRIVACY AND SECURITY AGREEMENT

ATTACHMENT B - PRICE PROPOSAL FORM

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D - REFERENCE CHECK FORM

ATTACHMENT E - COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F - RESPONSIBILITY INQUIRY

ATTACHMENT G - SCOPE OF WORK

ATTACHMENT H - DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT I - STATEWIDE SECURITY STANDARDS SPREADSHEET

ATTACHMENT J – HARDWARE AND SOFTWARE RESPONSE FORM

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of Oregon Employment Department (“OED”) or (“Agency”), is issuing this Request for Proposal (RFP) under the provisions of ORS 279B.060 for Access Control and Video Monitoring System Maintenance and Installation.

• The Oregon Department of Administrative Services, Procurement Services is issuing this RFP for maintenance, repair, design, installation, and configuration of centralized physical security systems, based on unique facility requirements.

• Brief project description:

o Contractor will provide and support the maintenance and repair of existing Access Control Systems (“ACS”) and Video Monitoring Systems (“VMS”) at OED field offices and central office locations throughout the State.

o Contractor will design, install, implement, and configure new physical security systems at existing, newly built, or acquired OED field offices and central office locations throughout the State.

o Contractor must have the ability to integrate existing ACS and VMS components into a newly installed or upgraded physical security system. These physical security systems are complex and include network video hardware and software, access control hardware and software, and database servers located at the field office and central office locations throughout the State.

• DAS PS anticipates the award of one (1) Price Agreement resulting from this RFP.

• The initial term is anticipated to be two (2) years with an option to renew for two (2) additional four (4) years terms, for a maximum term of ten (10) years.

Additional details on the Scope of the goods and services are included in Attachment G, Scope of Work.

Agency may issue purchase orders or other ordering instruments pursuant to this Price Agreement up to two (2) years from the effective date of the Price Agreement.

Any purchases under the Price Agreement must be authorized by purchase orders or other ordering instruments issued by Agency’s Authorized Purchaser in accordance with the ordering procedures described in the Attachment A, Sample Price Agreement. Proposers are advised there is no guarantee of any specific amount of purchases under the Price Agreement.

Notwithstanding the award of a Price Agreement under this solicitation, DAS PS may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

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Event Date Time

Questions / Requests for Clarification Due Friday, October 14, 4:00 PM PT

Answers to Questions / Requests for Clarification Issued (approx.)

Wednesday, October 19, 2022

4:00 PM PT

RFP Protest Period Ends Friday, October 7, 4:00 PM PT

Opening (Proposal Due) Monday, October 31, 4:00 PM PT

Issuance of Notice of Intent to Award (approx.)

Friday, November 11, 2022

4:00 PM PT

Award Protest Period Ends Friday, November 18, 2022

4:00 PM PT

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct ALL communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

DAS PS operating hours are Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS PS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

DAS PS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS PS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

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

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/RolesAndTermCrosswalk.pdf.

“ACS” means the Access Control System that controls the locking and unlocking of facility doors both internal and external to the field office locations by authorized personnel.

https://www.oregon.gov/das/ORBuys/Documents/RolesAndTermCrosswalk.pdf.

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“Addenda/Addendum” are identified as “Amendments” in OregonBuys.

“Agreement” is defined in General Terms and Conditions.

“Authorized Purchaser” means the Agency personnel authorized to make purchases.

“Agency” means Oregon Employment Department.

“BOLI” means the Bureau of Labor and Industry.

“CRC” means a Criminal Records Check requested on Contractors and Subcontractor’s entering a government building as per ORS 181A.200(2)(F) and OAR 471-007-0200.

”SPC” means the Single Point of Contact listed on the cover page if this RFP. All communications related to any provisions of this RFP shall be directed ONLY to the SPC to ensure every Proposer received the same information.

“Schedule of Events” means the specific time and date events related to this RFP will occur.

“State” means the State of Oregon.

“Successful Proposer” means the person(s), organizations(s) to which the award is made.

“VMS” means the Video Monitoring System that records and allows for the live viewing of video both internally and externally at field office and central office locations.

“Worksite Locations” means the location where Services are to be performed and Goods are to be installed, repaired or maintained, as identified in Exhibit A.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Employment Department is the government Agency in the State of Oregon which is responsible for statewide employment services through a system of public employment offices, unemployment call centers, statistical research, and administration of the Paid Leave Oregon program. Although the Agency as it exists today was created in 1993 by the Oregon Legislative Assembly, its history dates back to the 1913 opening of the first employment office within the State of Oregon.

2.3.2 Project Overview and Background

The current Access Control System is a Lenel/S2 System. The current Video Management System software uses Milestones XProtect Smart Client. All systems are managed locally from the field office and central office locations throughout the State.

OED currently operates seventeen (17) field office locations with Access Control Systems (“ACS”) and/or Video Monitoring Systems (“VMS”) installed but could have up to fifty (50) field office locations statewide in the future.

2.3.3 Purpose

The purpose of this RFP is to solicit for a qualified and dependable organization that can provide

DAS Procurement Services, Version 4.4 July 1, 2021 Page 7 of 21 both high quality professional services and personnel to maintain current and install new ACS and VMS, as required by OED.

The successful Proposer will work together with OED personnel to schedule maintenance and repairs, provide software updates to OED Information Technology personnel for upgrades, assist with software upgrades as requested or required, and install new ACS and VMS systems in the central office and field office locations throughout the State.

The successful Proposer shall also be required to provide urgent assistance for equipment maintenance and repairs that may include afterhours or holiday Services and may be requested at any field office and central office location throughout the State.

The successful Contractor must dispatch a certified technician to be onsite within four (4) hours of being notified

2.4 SCOPE OF WORK

For information and details regarding the Scope of Work see Attachment G, Scope of Work.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

Proposer will provide with Proposal proof of certifications for technicians and any subcontractors. Certifications shall include current Lenel Level S2 Certification and Milestone Certification Integration Technician (“MCIT”).

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Price Proposal Form (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

• Disclosure Exemption Affidavit (Attachment H)

• Statewide Security Standards Spreadsheet (Attachment I)

• Hardware and Software Response Form (Attachment J)

3.2.2 Proposal Format and Quantity

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

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3.2.3 OregonBuys.

This RFP, including all Amendments, attachments and exhibits are posted in OregonBuys located at https://oregonbuys.gov/bso/view/login/login.xhtml; RFP documents will not be mailed.

3.2.3.1 Alternative accessibility to Amendment, attachments, and exhibits.

If an exhibit, attachment, or Amendment is used, but cannot be viewed or downloaded through OregonBuys the Proposer shall request assistance from the OregonBuys support desk at support.oregonbuys@das.oregon.gov.

3.2.3.2 OregonBuys Assistance.

Parties needing assistance with OregonBuys may contact the OregonBuys Support by email at support.oregonbuys@das.oregon.gov.

3.2.3.3 OregonBuys Registration Requirement.

All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

3.2.4 OregonBuys Electronic Response.

Proposer shall submit its Proposal electronically through OregonBuys. Proposer shall follow the procedures outlined in OregonBuys Supplier Proposal Solicitation Response located at:

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

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B).

Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

3.2.5 Authorized Representative

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

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 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.

https://oregonbuys.gov/bso/view/login/login.xhtml mailto:support.oregonbuys@das.oregon.gov.

mailto:support.oregonbuys@das.oregon.gov 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

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

3.3.1 Exceptions to Sample Price Agreement (Attachment A) (Not Scored)

Proposer shall review Attachment A Sample Price Agreement and if Proposer has exceptions to the negotiable items in the Sample Price Agreement, Proposer shall provide a red lined version formatted in Microsoft Word (.doc or .docx) noting any exceptions.

In the event Successful Proposer did not note any exceptions to the Price Agreement.

Proposer will not have the right to negotiate any terms or conditions of the Price Agreement (other than those items listed as non-negotiable in Section 5.4.1 of this RFP).

3.3.2 Price Proposal Form (Attachment B) (Scored)

Proposer shall complete and submit Attachment B Price Proposal Form. The total costs for Regular Hourly Rates will be divided by the number of subcategories in that rate range and will be used in price evaluation.

3.3.3 Proposer Information and Certification Sheet (Attachment C) (Not Scored)

Proposer shall complete and submit Attachment C Proposer Information and Certification Sheet.

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

3.3.4 Reference Check Form (Attachment D) (Scored)

Provide three (3) references from current or former client firms for similar projects performed for any clients within the last three (3) years. References must include current contact information and be able to verify the quality of previous, related work.

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

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference and sent to the SPC as part of the Proposal.

The SPC will evaluate the Reference Check Form and award points as follows:

A Proposer returning three references will receive 10 points.

A Proposer returning two references will receive 5 points.

A proposer returning one or no references will receive 0 points.

3.3.5 COBID Certification / Outreach Plan (Attachment E) (Not Scored)

Proposer shall include in its Proposal Attachment E COBID Certification / Outreach Plan. The

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Successful Proposer may be required to submit a completed Attachment E COBID Certification / Outreach Plan prior to execution of the Price Agreement.

3.3.6 Responsibility Inquiry (Attachment F) (Not Scored)

DAS PS will determine if any apparent Successful Proposer is Responsible prior to Award and execution of the Price Agreement. Proposer shall submit a signed Attachment F Responsibility Inquiry Form with Proposal.

3.3.7 Scope of Work (Attachment G) (Not Scored)

Proposer shall review and submit any exceptions to the Scope of Work.

3.3.8 Disclosure Exemption Affidavit (Attachment H) (Not Scored)

Proposer shall complete and submit Attachment H, Disclosure Exemption Affidavit, and either:

• Designate on Exhibit A of Attachment H any Proposal items Proposer identifies are exempt or conditionally exempt from disclosure under Oregon Public Records Law (ORS

192.311 through 192.478, or

• Designate on Exhibit A of Attachment H by entering “None” that Proposer does not identify any Proposal items as exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478 Attachment C Proposer Information and Certification Sheet.

Price information is generally not considered a trade secret that is exempt from disclosure under the Oregon Public Records Law and identifying the Proposal, in whole, as exempt from disclosure is not acceptable.

3.3.9 Statewide Security Standards Spreadsheet (Attachment I) (Not Scored)

Proposer shall complete and return Attachment I, Statewide Security Standards Spreadsheet with Proposal.

3.3.10 Hardware and Software Response Form (Attachment J) (Scored)

Proposer shall complete and submit Attachment J, Hardware and Software Response Form.

The SPC will score the Hardware and Software Response Form as follows:

3.3.10.1 Hardware

A Proposer offering at least nine (9) of the listed Hardware Access Control Systems (“ACS”) and Hardware Video Monitoring Systems (“VMS”) will receive 50 points.

A Proposer offering at least five (5) of the listed Hardware Access Control Systems (“ACS”) and Hardware Video Monitoring Systems (“VMS”) will receive 25 points.

A Proposer offering four or (4) or less of the listed Hardware Access Control Systems (“ACS”) and Hardware Video Monitoring Systems (VMS”) will receive 0 points.

3.3.10.2 Software

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A Proposer offering the listed Software Access Control System (“ACS”) Software Support, or an acceptable alternative will receive 50 Points.

A Proposer that does not offer the listed Software Access Control System (“ACS”) or an acceptable alternative will receive 0 points.

A Proposer offering at least five (5) of the listed Software Video Monitoring Systems (“VMS”) Software will receive 50 points.

A Proposer offering three (3) of the listed Software Video Monitoring Systems (“VMS”) Software will receive 25 points.

A Proposer offering less than (3) of the listed Software Video Monitoring Systems (“VMS”) Software will receive 0 points.

3.3.11 Security Statement (Not Scored)

Proposal must contain a statement attesting to Proposer's agreement that if awarded a Contract:

1. Proposer and Proposer's employees, agents, and subcontractors (“Proposer Personnel”) with access to State systems, facilities, data, and confidential information will submit to all security/criminal background checks requested by DAS PS or Agency, which may include any combination of fingerprinting, Oregon Law Enforcement Data Systems (“LEDS”) and Federal Bureau of Investigation Criminal Justice Information Services (“FBI CJIS”) background checks; and

2. Proposer and Proposer’s personnel shall sign a confidentiality and non-disclosure agreement for any and all data or information received or processed on its equipment from the State of Oregon; and Proposer will protect at all times State of Oregon sensitive material and information.

3. Successful Proposer shall assist Agency in documenting a system security plan following the State of Oregon Enterprise Information Services, Cyber Security Services security plan template found at:

https://www.oregon.gov/das/OSCIO/Documents/SystemSecurityPlan.docx.

4. If Proposer is proposing to provide an electronic locker system, it must meet or exceed the State of Oregon’s security standards as set forth in the following:

• Privileged access monitoring and reporting policy, #107-004-140, viewable at:

https://www.oregon.gov/das/Policies/107-004-140.pdf

• Statewide information and cyber security standards viewable at:

https://www.oregon.gov/das/OSCIO/Documents/2019StatewideInfor mationAndCyberSecurityStandardsV1.0.pdf

• Statewide agency cloud computing policy. State Agency to implement this policy, with the possible assistance of the Contractor when or if necessary. Policy is viewable at:

http://www.oregon.gov/das/policies/107-004-150.pdf https://www.oregon.gov/das/OSCIO/Documents/SystemSecurityPlan.docx.

https://www.oregon.gov/das/Policies/107-004-140.pdf https://www.oregon.gov/das/OSCIO/Documents/2019StatewideInformationAndCyberSecurityStandardsV1.0.pdf https://www.oregon.gov/das/OSCIO/Documents/2019StatewideInformationAndCyberSecurityStandardsV1.0.pdf http://www.oregon.gov/das/policies/107-004-150.pdf

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• Statewide policy “Statewide Acceptable Use of State Information Assets” policy #107-004-110 and its accompanying “Acceptable Use Agreement” (Attachment B to the policy) is viewable at https://www.oregon.gov/das/Pages/policies.aspx#IT.

Prosper must include with their Proposal documentation regarding systems software including:

• Software License Agreements;

• Any third-party software contractor information;

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission or email;

• Reference the OregonBuys bid number S-DASOBO-00002288 ;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP in question (i.e. page, section and paragraph number);

and

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

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a written protest of anything contained in this RFP, including but not limited to, the RFP process, specifications, scope of work, and the proposed sample Price Agreement. This is the prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below https://www.oregon.gov/das/Pages/policies.aspx#IT https://oregonbuys.gov/

DAS Procurement Services, Version 4.4 July 1, 2021 Page 13 of 21 and Proposer may take exception to the terms and conditions of the Sample Price Agreement marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second business day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;;

• Reference the OregonBuys bid number S-DASOBO-00002288;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

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

Protests to the RFP must be received by the due date and time identified in the Schedule listed in Section 1.2.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

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

Delivery through OregonBuys

Proposal submission shall be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit 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

DAS Procurement Services, Version 4.4 July 1, 2021 Page 14 of 21 its modification through OregonBuys. To be effective the modification must include the OregonBuys bid number and be submitted prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

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

4.8 A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

4.9 PUBLIC OPENING

A public Opening will not be held for this RFP. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.10 PROPOSAL REJECTION

DAS PS may reject a Proposal for any of the following reasons:

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

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

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

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

• Proposer attempts to influence a member of the evaluation committee.

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

4.11 EVALUATION PROCESS

4.11.1 Responsiveness and Responsibility Determination

4.11.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-responsive, DAS Procurement Services, Version 4.4 July 1, 2021 Page 15 of 21 the Proposal may be rejected; however, DAS PS may waive mistakes in accordance with

OAR 125-247-0470.

4.11.1.2 Responsibility Determination

DAS PS will determine if a Proposer is Responsible prior to award and execution of the Price Agreement. Proposers shall submit a signed Attachment G Responsibility Inquiry Form

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

4.11.2 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 as specified in the Point and Score Calculation section.

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

4.11.3 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:

Total Costs of Technician

Regular Hourly Rate X price points possible price score

Total Number of Technician

Categories six (6)

• Proposer with the lowest Price Proposal will receive 30 points.

• Proposer with the second lowest Price Proposal will receive 20 points.

• Proposer with the third lowest Price Proposal will receive 10 points.

• All other Proposers will receive 0 points.

4.11.4 PREFERENCES

4.11.4.1 Recycled Materials

DAS PS will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

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4.11.4.2 Tiebreakers

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

4.12 POINT AND SCORE CALCULATIONS

Points are the total possible for each section as listed in the table below.

4.13 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal (calculated by totaling the points awarded by each Evaluation committee member and dividing by the number of members).

The SPC will combine the score for each criterion. After 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.

DAS PS may, in DAS PS’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS PS will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.14 NEXT STEP DETERMINATION

4.14.1 Competitive Range Determination

If DAS PS, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at DAS PS’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. DAS PS will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.14.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

TOTAL POINTS POSSIBLE : 190

POINTS POSSIBLE

3.3.2 Price Proposal Form 30

3.3.4 Reference Check Form 10

3.3.10.1 ACS & VMS Hardware 50

3.3.10.2 ACS Software 50

3.3.10.2 VMS Software 50

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• Be emailed to the SPC;

• Reference the OregonBuys bid number S-DASOBO-00002288 ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within seven (7) calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

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

4.15 ADDITIONAL ROUNDS (RESERVED)

4.16 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS (RESERVED)

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS PS, if it awards a Price Agreement, will award a Price Agreement to the highest ranking Responsible Proposer based upon the scoring methodology and process described in Section 4. DAS PS may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

DAS PS will notify all Proposers in Writing that DAS PS intends to award a Price Agreement to the selected Proposer subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An affected Proposer shall have seven (7) calendar days from the date of the Intent to Award notice to file a written protest.

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

• All higher ranked Proposals are non-responsive.

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

• DAS PS abused its discretion in rejecting the protestor’s Proposal as non-responsive.

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

If DAS PS receives only one Proposal, DAS PS may dispense with the evaluation process and

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Intent to Award protest period and proceed with Price Agreement negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email, or hard copy;

• Reference the OregonBuys bid number S-DASOBO-00002288 ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

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

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

The Proposer selected for a Price Agreement award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS PS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit D of Attachment A.

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

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

5.3.4 Responsibility Inquiry

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

http://sos.oregon.gov/business/pages/register.aspx

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5.3.5 Pay Equity Certification

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

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

5.3.6 Letter of Assurance for Criminal Records Check

Contractor will perform a Criminal Records Check (CRC) on each of the Contractor’s employees and subcontractors at the request of the Agency and will provide Agency a completed and signed Exhibit F – Letter of Assurance for Criminal Record Check. The Contractor is responsible for the expense of the CRC.

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of the highest ranked Proposer, DAS PS may enter into Price Agreement negotiations. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Following the selection of the apparent successful Proposer, DAS PS may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below.

However, DAS PS is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

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

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

• Exhibit A Worksite Locations

• Exhibit B Goods and Software Requirements

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

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.1 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

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

All Proposals submitted in response to this RFP become the Property of DAS PS. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Price 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.

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

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

6.4 COST OF SUBMITTING A PROPOSAL

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

6.5 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.

https://www.oregon.gov/das/Policies/107-011-050_PR.pdf .

6.6 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Price https://www.oregon.gov/das/Policies/107-011-050_PR.pdf

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Agreement. (ORS 279B.025)