RFP_S-DASOBO-00002566.pdf

RFP# S-DASOBO-00002566 Traceable Analytic Standards and Proficiency Testing Samples / DAS Procurement Services, Version 4.4 July 1, 2021 Page 1 of 21

STATE OF OREGON

COVER PAGE

Department of Administrative Services, Procurement Services on behalf of the Oregon Department of Environmental Quality

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00002566 for

TRACEABLE ANALYTIC STANDARDS AND PROFICIENCY

TESTING SAMPLES

Date of Issue: Friday, August 5, 2022

Opening Date and Time: Wednesday, September 7, 2022 @ 4:00PM

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

Address: 1225 Ferry St. SE

City, State, Zip Salem, OR 97301

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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 CATEGORIES

1.3 SCHEDULE

1.4 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 REQUIREMENTS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 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 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

4.14 ADDITIONAL 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 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

ATTACHMENT A – EXHIBIT A DESCRIPTION OF THE GOODS AND PRICES

ATTACHMENT A – EXHIBIT B PURCHASE ORDER FORM

ATTACHMENT A – EXHIBIT C INSURANCE REQUIREMENTS

ATTACHMENT A – EXHIBIT D BEST VALUE ANALYSIS FORM

ATTACHMENT A - EXHIBIT E DEQ ACCREDITATIONS

ATTACHMENT B PRICE PROPOSAL

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COBID / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT H REQUIREMENTS

ATTACHMENT I MARKET BASKET

ATTACHMENT J OPERATIONAL SUMMARY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of the Oregon Department of Environmental Quality (“DEQ” or “Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Traceable Analytic Standards and Proficiency Testing Samples.

The initial term of the awarded Price Agreement(s) will be two (2) years with the possibility of one (1) or more, two (2) year extensions. The maximum term, including extensions, of the Price Agreement shall not exceed ten (10) years. Additional details on the Scope of the Goods or Services or both are included in the Requirements section.

Any purchases under the Price Agreement(s) must be authorized by purchase orders issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement(s). Notwithstanding the award of a Price Agreement, 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 CATEGORIES

DAS PS will issue multiple Awards for Price Agreement(s) based on the items Proposer indicates they will supply from the Categories listed below. For Evaluation details see Section

4.10 Evaluation Process.

• Category 1: Proficiency Testing Samples including, Non-potable Water, Drinking Water, Soil/Solid, and tissue Proficiency Testing Samples;

• Category 2: Air Standards;

• Category 3: Specialty & Custom Standard Mixes; and

• Category 4: General Standards;

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1.3 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

Questions / Requests for Clarification Due Wednesday, August 24, 2022 4:00 PM

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

Monday, August 29, 2022 4:00 PM

RFP Protest Period Ends Monday, August 15, 2022 4:00 PM

Opening (Proposal Due) Wednesday, September 7, 4:00 PM

Issuance of Notice of Intent to Award (approx.)

Wednesday, September 21, 4:00 PM

Award Protest Period Ends Wednesday, September 28, 4:00 PM

1.4 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.

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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.

“State” means the State of Oregon.

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

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

“Traceable Analytic Standards” means a compound or compound mix of high purity and known concentration to be used as a calibration standard and for testing purposes.

“Proficiency Testing Samples” means samples that are sent to a Laboratory as unknown to allow an external assessment of Laboratory performance.

“Analytes” means a substance whose chemical constituents are being identified and measured.

“Matrix” means an environmental material in which something develops; a surrounding medium or structure.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Monitoring and analysis conducted by the DEQ Laboratory and Environmental Assessment Division (LEAD) provide the foundation for restoring, maintaining, and enhancing Oregon’s environmental quality. Agency staff operates monitoring networks throughout the state and perform laboratory analysis of air, water, and land samples, and conduct special studies to compile data used to determine whether environmental standards are being met, the sources of pollution, and the impact of pollution on human and environmental health.

The DEQ Laboratory uses Traceable Analytic Standards and Proficiency Testing Samples to perform chemical analysis of environmental samples in water, soil, air, and tissue. The Laboratory identifies, quantifies, and reports the measurements of Inorganic and Organic constituents in various sample matrices.

2.3.2 Project Overview and Background

The DEQ Laboratory maintains accreditation through the National Environmental Laboratory Accreditation Program and holds drinking water primacy for Oregon’s Environmental Laboratory Accreditation Program (ORELAP). To achieve this, the DEQ Laboratory is required to analyze and report Proficiency Test Samples at a specified frequency. In addition to accredited methods, the DEQ lab maintains a variety of non-accredited inorganic and organic methods. All methods maintained by the lab are required to utilize Traceable Analytic Standards from two separate sources or two separate lot numbers. In total, the DEQ lab maintains 80 test methods covering over 500 individual https://www.oregon.gov/das/ORBuys/Documents/RolesAndTermCrosswalk.pdf

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2.3.3 Purpose

The goal of this RFP is to establish price agreements awarded to multiple vendors for a ten-year maximum term. The Contracts previously established allowed the lab to maintain testing methods used to perform chemical analysis of environmental samples in water, soil, air, and tissue. Repetitive purchases of Traceable Analytic Standards and Proficiency Tests are necessary. Traceable Analytic Standards are purchased monthly. Proficiency Tests are required annually for drinking water methods, and semi-annually for non-drinking water methods.

Multiple vendors for standards are necessary to cover the extensive list of compounds the lab tests for and to meet the two sources per compound requirement. Requirements for maintaining laboratory methods are set forth by the Laboratory Quality Manual, Standard Operating Procedures, ORELAP and the TNI standard.

2.4 REQUIREMENTS

Proposer must, at a minimum, meet the requirements in Attachment H Requirements.

Proposers are NOT required to be able to provide all necessary Analytic Standards and/or Proficiency Test Samples requested by Agency, to be considered for Award.

Proposer must be able to supply Good(s) having no less than fifty percent (50%) of the shelf life remaining.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Submissions

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

• Price Proposal (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• COBID / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

• Requirements (Attachment H)

• Market Basket (Attachment I)

• Proof of applicable certifications and/or accreditations for Good(s) Proposer intends to supply.

• Operational Summary (Attachment J)

3.1.2 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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3.1.2.1 OregonBuys Electronic Response.

Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Form al%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 G). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

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

3.1.2.2 Other Electronic Media Response

If Proposer elects to submit its Proposal by other electronic media, 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, on USB drive, DVD, or CD in one of the following formats:

Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

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

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

3.1.3 Authorized Representative

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

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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3.2 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 Good(s) to be provided or the Service(s) 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 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. 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.

3.2.1 Price Proposal Form (Attachment B) (Scored)

Proposer must complete and return with Proposal Attachment B – Price Proposal Form.

Proposer must indicate the percentage discounted from Proposer’s price list for each category the Proposer has indicated the ability to provide. DAS PS understands that not all Proposers will be able to provide all items in all categories.

Proposer can refer to Attachment I – Market Basket for details regarding requested products in each category.

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

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.

3.2.3 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 Two (2) years. References must 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 Attachment D – Reference Check Form to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal.

The SPC will score the References. References will be scored by averaging the total points of each Reference. If less than three (3) References are provided a score of 0 for each missing Reference. Total points for References are 30 points.

3.2.4 COBID / Outreach Plan (Attachment E) (Not Scored)

If Attachment A – Sample Price Agreement has potential subcontracting opportunities, the

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

3.2.5 Responsibility Inquiry (Attachment F) (Not Scored)

DAS PS will determine of any apparent Successful Proposer is Responsible prior to Award and execution of a Price Agreement. Proposer shall submit a signed Attachment F – Responsibility Inquiry. Authorized Electronic Signature for Attachment F is acceptable.

3.2.6 Requirements (Attachment H) (Not Scored)

Proposer must meet all requirements in Attachment H – Requirements, in each category that Proposer intends to Propose.

If a Proposer is not proposing on a particular category, then the Proposer does NOT need to meet those requirements.

3.2.7 Market Basket (Attachment I) (Scored)

The Market Basket will be evaluated and scored based on breadth of Proposers products meeting RFP requirements that Proposer is able to provide to Agency;

including but not limited to the quantity of available products in a given category, analyte class options, and available PT studies, and Standards for Reference Material types.

3.2.8 Operational Summary (Attachment J) (Scored)

Proposer shall include an Attachment J Operational Summary with Proposal. Score will be based on the completeness of information provided. The Operational Summary at a minimum shall include the following information: Each complete question on Attachment J – Operational Summary will receive a possible total of 50 points. The points will be added together to total the score for the Attachment J Operational Summary.

• How and when Agency will be informed of Proposers receipt of Purchase Order;

• What is the current (within last 3 months) average delivery time for Good(s) ordered from time of receipt of Purchase Order;

• How will the Proposer ensure that Good(s) provided have no less than 50% shelf life remaining;

• Estimated turn around time for replacement of rejected or damaged Good(s); and

• Proposer customer service contact information, including days and hours of operation, time zone, email address, telephone number, and any direct contact 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 https://oregonbuys.gov/

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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-00002566;

• 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 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 prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below 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-00002566;

• Identify prospective Proposer’s name and contact information;

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• 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.

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:

4.5.1 Delivery through OregonBuys

Proposal submission should 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

4.5.2 Other Electronic Media Response

If Proposer elects to submit its Proposal by other electronic media, 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, on USB drive, DVD, or CD in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS

192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

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

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

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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Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC 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.

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

A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will not be held for this RFP. However, there will be an official record created of all Proposers and this will be posted in OregonBuys withing forty-eight (48) hours of OregonBuys Proposal Opening Date. 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.

4.9 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).

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4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 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, the Proposal may be rejected; however, DAS PS may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

DAS PS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. Proposers shall submit a signed Responsibility Inquiry form (Attachment F) with Proposal.

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

4.10.2 Evaluation Criteria

4.10.3 Operational Summary

Attachment J, Operational Summary, will be evaluated and scored based on Proposer’s response to questions outlined in Attachment J, Operational Summary. Evaluators will consider customer service availability, how and when communication is provided, replacement goods process, delivery timeframes and shelf-life assurance process.

Example: Evaluators will score up to a total of fifty (50) points for each question response by Proposer. Evaluators will sum the total amount scored for each response provided to achieve the Proposer’s total score for Attachment J Operational Summary.

4.10.4 PRICE EVALUATION

The SPC will conduct the price evaluation. The Price Proposal Form will be evaluated for each category Proposer intends to provide. The SPC will award a price score to each Price Proposal based upon the percent discount off list price offered by the Proposer.

The highest percentage discount Price Proposal will receive forty (40) points.

The second highest discount percentage will receive thirty (30) points.

The third highest discount percentage will receive twenty (20) points.

The fourth highest discount percentage will receive ten (10) points.

All Proposals with a discount percentage lower than the fourth highest percentage discount will receive zero (0) points. A score of zero (0) does NOT exclude a Proposer from the possibility of receiving an Award.

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4.10.4.1 Market Basket Evaluation

The SPC will conduct the Market Basket evaluation.

Points will be awarded to the Proposer based on the number of categories a Proposer can provide to Agency.

• A Proposer who can provide at least one product in all four categories will receive 100 points

• A Proposer who can provide products from three categories will receive 75 points.

• A Proposer who can provide products from two categories will receive 50 points.

• A Proposer who can provide products from only one category will receive 25 points.

4.10.5 PREFERENCES

4.10.5.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, DAS PS shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.5.2 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.

4.10.5.3 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.

4.11 POINT AND SCORE CALCULATIONS

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

TOTAL POINTS POSSIBLE: 220

3.2.1 Price Proposal Form 40

3.2.3 References 30

3.2.8 Operational Summary 50

3.2.7 Market Basket Evaluation 100

https://www.naspo.org/reciprocity1

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4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (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 Proposal with Proposer’s Price Proposal Form score, References score, Operational Summary score, and Market Basket Evaluation score. After any applicable preference has been applied, SPC will describe the rank order for each Proposer, 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 if each round and may determine an apparent successful Proposer at any time during the solicitation process.

4.13 NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS PS may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 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.

4.13.2 Competitive Range Protest

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

Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number S-DASOBO-00002566 ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

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• 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.

4.14 ADDITIONAL ROUNDS (RESERVED)

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS PS, if it awards Price Agreement(s), will award a Price Agreement(s) to all Responsible Proposer(s) 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. Price Agreement(s) will be awarded to the top three (3) Proposers in Category 1. Price Agreement(s) will be awarded to the top ten (10) in category 2-4.

• Category 1 - Proficiency Tests.

• Category 2 - Air Standards

• Category 3 - Specialty & Custom Standards

• Category 4 - General Standards

To ensure the Agency has access to many options for traceable analytic standards and proficiency testing samples, DAS PS reserves the right to award additional price agreements in any Category.

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(s) 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.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

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Chapter 279B or ORS Chapter 279A.

If DAS PS receives only one Proposal in any category, DAS PS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and award for that category.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number S-DASOBO-00002566;

• 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 seven (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

Proposer(s) who are 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 C 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.

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

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5.3.4 Pay Equity Certification

If selected for award and the Contract/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.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.6 Other Required Information

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Price Agreement and note exceptions.

Proposer must submit those exceptions to DAS PS during the Questions / Requests for Clarification period set forth in Section 1.2. If DAS PS agrees to make any requested changes to the Sample Price Agreement, DAS PS will issue an Amendment to notify Proposers of such changes. Unless DAS PS issues an Amendment modifying any of the terms and conditions, DAS PS intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Attachment A – Sample Price Agreement.

Following the selection of the apparent successful Proposer, DAS PS may agree to negotiate changes to the negotiable provisions of the Sample 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.

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

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DAS PS is willing to negotiate ONLY the description of Goods and prices.

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.

5.4.2 Contractor Selection Methodology

In the event multiple Price Agreements are awarded, DEQ will use the following methodology to determine from which Contractor to purchase.

• For each order that the Agency makes for Goods under Price Agreements awarded under this procurement, Agency will select from all the awarded Price Agreements and issue a Purchase Order to the Contractor that provides the best value to the Agency, taking into account price as well as considerations including, but not limited to, availability, expertise, and suitability for the particular purpose.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS PS 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.

DAS PS 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 Price Agreement has potential subcontracting opportunities, the successful Proposer may be required to submit a completed COBID / Outreach Plan (Attachment E) 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 6.2 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.

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

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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, except in the case of Proposals that were submitted late and rejected by DAS PS.

6.4 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, DAS PS or Agency, 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.

6.5 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.

6.6 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. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.7 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 Agreement. (ORS 279B.025) https://www.oregon.gov/das