RFP_S-DASOBO-00002867.pdf

DAS Procurement Services, Version 4.4 July 1, 2021 Page 1 of 21

STATE OF OREGON

COVER PAGE

Department of Administrative Services, Procurement Services (“DAS PS”)

On Behalf of Oregon State Police (“OSP”) Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00002867 for

CRIME SCENE AND LABORATORY ALTERNATIVE LIGHT SOURCE

EQUIPMENT AND ACCESSORIES

Date of Issue: Thursday, January 5, 2023

Opening Date and Time: Monday, February 6, 2023 @ 4:00 PM PT

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

Address: 1225 Ferry Street 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.

DAS Procurement Services, Version 4.4 July 1, 2021 Page 2 of 21

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 SPECIFICATIONS

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)

4.15 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 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

DAS Procurement Services, Version 4.4 July 1, 2021 Page 3 of 21

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H SPECIFICATIONS

DAS Procurement Services, Version 4.4 July 1, 2021 Page 4 of 21

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 Oregon State Police, (“OSP” or “Agency”), Forensics Science and Pathology Bureau (“FSPB”) is issuing this Request for Proposal under the provisions of ORS 279B.060 for crime scene and laboratory alternative light source equipment and accessories.

OSP has historically used a handheld, high-intensity alternative light source used primarily by forensic investigators to detect evidence such as fingerprints, bodily fluids, and latent evidence from crime scenes. OSP has a need to expand beyond one product and desires to purchase from a full catalogue of alternative light source equipment and accessories.

Additional details on the Scope of the goods are included in Attachment H Specifications.

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

The initial term of the Price Agreement is anticipated to be four (4) years with options to renew in three (3) two (2) year terms up to a cumulative maximum of ten (10) years.

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

Event Date Time

Questions / Requests for Clarification Due Monday, January 16, 2023 4:00 PM

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

Friday, January 20, 2023

RFP Protest Period Ends Monday, January 30, 2023 4:00 PM

Opening (Proposal Due) Monday, February 6, 2023 4:00 PM

Issuance of Notice of Intent to Award (approx.)

Monday, February 13, 4:00 PM

Award Protest Period Ends Monday, February 20, 4:00 PM

DAS Procurement Services, Version 4.4 July 1, 2021 Page 5 of 21

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.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS PS is issuing this Request for Proposals (“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/Phase1TerminologyCrosswalk.pdf

“Agreement” is defined in General Terms and Conditions.

“State” means the State of Oregon.

“Closing” means the date and time on or before all Proposals must be received at the location or by the methods described in Section 3.2 of this RFP to be considered.

“ALS” means Alternative Light Source.

“DAS PS” means the State of Oregon, acting by and through its Department of Administrative Services, Procurement Services.

“FSPB” means the Forensics Science and Pathology Bureau.

“OSP” means Oregon State Police.

“Successful Proposer” means the person, or legal or commercial entity to which the award is made.

“Authorized Electronic Signature” means that an electronic signature from a Prosper that is duly authorized to enter into an agreement on behalf of the Proposer, is acceptable for that Proposal document.

DAS Procurement Services, Version 4.4 July 1, 2021 Page 6 of 21

“OregonBuys Crosswalk of Terms”

Terms used in OregonBuys

Definition

Amendment

“Addendum” or “Addenda”, as defined in OAR 137-046- 0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing Master Blanket Purchase Order (“MBPO”), Release Requisition, or project-specific Purchase Order.

Master Blanket Purchase Order (“MBPO”)

Any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

Purchase Order Any form of project-specific contract (not awarded under an existing MBPO)

Quote Any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

Release Requisition Any form of ordering instrument used under an MBPO; i.e.

DAS Procurement Services, Version 4.4 July 1, 2021 Page 7 of 21

Purchase Order, Work Order Contract, etc.

Vendor

Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon State Police (“OSP”) is a multi-disciplined organization charged with protecting the people, wildlife, and natural resources in Oregon. OSP enforces the traffic laws on the state’s roadways, investigate and solve crimes, conduct post-mortem examinations and forensic analysis, and provide background checks and law enforcement data. OSP regulates gaming, the handling of hazardous materials, and fire codes, and educate the public on fire safety and enforce fish, wildlife, and natural resource laws.

2.3.2 Project Overview and Background

The intent of this RFP is to award a Price Agreement for Foster and Freeman level of quality ALS and Accessories. FSPB currently uses a variety of ALS equipment from Foster and Freeman.

These needs can change based on new products and application.

Traditionally, FSPB has been purchasing the product titled Crime-lite. Crime-lite is a handheld, high-intensity ALS used primarily by forensic investigators to detect evidence such as fingerprints, bodily fluids and latent evidence from crime scenes. As technology improves, and products are expanding, FSPB wants to have a Master Blanket Purchase Order (Price Agreement) in place to purchase not just the Crime-lite ALS, but other related commercially available ALS.

Any reference to brand names is meant as descriptive, not restrictive.

Any brand name listed in the Specifications that does not include “or equal” or “or approved equal” (or some similar language) is mandated and proposals offering alternate products will be declared non-Responsive.

Any brand name listed in the Specifications followed by “or equal” or “or equivalent” (or some similar language) shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered, if they are equal to or better than the product brand named and must include sufficient product information to support the substitution. If an equal or equivalent item is suggested, the Proposer must supply written documentation as part of their Proposal that clearly indicates and describes how the Good(s) are equal or equivalent to the brand name.

DAS Procurement Services, Version 4.4 July 1, 2021 Page 8 of 21

2.3.3 Purpose

The purpose of this RFP is to establish a Price Agreement, which OSP may use, for the purchase of ALS equipment and accessories. Due to the various needs for ALS, a “catalog” approach will be used to offer Authorized Purchasers multiple options of goods. This catalog approach will list each contractor’s goods in a master index of all ALS goods and accessories, which will act as a single starting point for Authorized Purchasers. Potential providers (including authorized dealers and manufacturers) may propose to provide any combination of goods and accessories.

2.4 SPECIFICATIONS

Detailed Specifications can be found in Attachment H Specifications.

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):

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Specifications (Attachment H)

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.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined 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 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 9 of 21

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

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature. Authorized Electronic Signature for Attachment C is acceptable.

Proposer may submit its Proposal by hard copy or other electronic media.

3.1.3 OregonBuys Assistance

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

3.1.4 OregonBuys Registration Requirement

All Proposers must be registered in OregonBuys in order to be able to do business with the State. Registration is free. Every Proposer shall create a vendor account clicking the blue “Register” button in the top right-hand corner of the OregonBuys website:

https://oregonbuys.gov/bso. For registration assistance see vendor registration guide located at:

https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide .pdf.

Proposers are solely responsible for ensuring that their vendor information is current and correct in OregonBuys. DAS PS and OSP will accept no responsibility for incorrect vendor information.

3.1.5 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by DAS PS. Authorized Electronic Signature is acceptable.

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 Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual 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 Disclosure Exemption Affidavit (Attachment B) (Not Scored)

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

mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf

DAS Procurement Services, Version 4.4 July 1, 2021 Page 10 of 21

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

3.2.2 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 find of non-Responsibility.

Authorized Electronic Signature for Attachment C is acceptable.

3.2.3 Reference Check Form (Attachment D) (Scored)

Provide three (3) references from current or former client firms for similar Good(s) delivered for any clients within the last two (2) years. References must be able to verify the quality of previous, related Good(s).

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 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.

3.2.4 Price Proposal Form (Attachment E) (Scored)

Proposer must complete and return with Proposal Attachment E Price Proposal Form. Each item listed in the Price Proposal Form must include the item price, estimated shipping costs, and a total price for each item listed. The Price Proposals will be evaluated based on the sum total of each of the items listed in Attachment E.

3.2.5 Value Added Items or Services (Not Scored)

Proposer shall include any related value-added items or related Services which Proposer would like negotiated to include in the Price Agreement, should the Proposer be awarded a Price Agreement. This may include, but is not limited to: ALS light added equipment, i.e. light filters, extra rechargeable batteries, equipment cleaning supplies, ALS stands or tripods.

Value added items should be in the form of a catalog that OSP may purchase items from.

3.2.6 COBID Certification / Outreach Plan (Attachment F) (Not Scored)

DAS Procurement Services, Version 4.4 July 1, 2021 Page 11 of 21

If Attachment A Sample Price Agreement has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Attachment F Certified Disadvantage Business Outreach Plan prior to execution.

3.2.7 Responsibility Inquiry (Attachment G) (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 G Responsibility Inquiry Form. Authorized Electronic Signature for Attachment G is acceptable.

3.2.8 Specifications (Attachment H) (Scored)

Proposer shall complete the Attachment H Specifications and return with their Proposal. If an equal or equivalent item is suggested the Proposer must supply written documentation as part of their Proposal that clearly indicates and describes how the Good(s) are equal or equivalent to the brand name. An incomplete Attachment H may be considered non-Responsive and will not be considered further.

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 ;

• 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.

https://oregonbuys.gov/

DAS Procurement Services, Version 4.4 July 1, 2021 Page 12 of 21

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-00002867 ;

• 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.

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 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 should be electronically through OregonBuys. at:

DAS Procurement Services, Version 4.4 July 1, 2021 Page 13 of 21

Https://OregonBuys.gov/bso.

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 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

There will be no public Opening of Proposals. 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 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).

4.10 EVALUATION PROCESS

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

DAS Procurement Services, Version 4.4 July 1, 2021 Page 14 of 21

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 G) with Proposal.

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and DAS PS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign points for each evaluation criterion listed above in Section 3.2 Proposal Requirements up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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 be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.3 PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 4.10.2, the sealed Price Proposals from Proposers will be opened and scored as follows:

• Proposer with the lowest Price Proposal will receive 50 points.

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

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

• All other Proposers will receive 0 points.

4.10.4 PREFERENCES

4.10.4.1 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, DAS Procurement Services, Version 4.4 July 1, 2021 Page 15 of 21 if any, given to a Resident Proposer in the Proposer's state.

4.10.4.2 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.

4.10.4.3 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.

Scores are the points assigned by each evaluator.

The SPC will average all points awarded for each evaluation criterion. The total points awarded will be divided by the number of evaluators.

EXAMPLE:

Proposer A receives 150 points total for the Specifications. The 150 points are then taken and divided by three (3) the total number of evaluators. The final score for Proposer A is 150/ 3 =

50. Proposer B receives 200 points. The final score for Proposer B is 200/3 = 67. Proposer B would have the most points for Specifications.

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 average score for each Proposal with Proposer’s price score and reference score.

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.

TOTAL POINTS POSSIBLE : 350

POINTS POSSIBLE

3.2.3 Reference Check Form 100

3.2.8 Specifications 200

3.2.4 PRICE POINTS POSSIBLE 50

https://www.naspo.org/reciprocity1

DAS Procurement Services, Version 4.4 July 1, 2021 Page 16 of 21

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.

4.13 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-00002867 ;

• 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.

4.14 ADDITIONAL ROUNDS (RESERVED)

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

DAS Procurement Services, Version 4.4 July 1, 2021 Page 17 of 21

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(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.

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.

• 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 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;

• Reference the OregonBuys bid number S-DASOBO-00002867;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer Authorized Electronic Signature is acceptable;

• 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

DAS Procurement Services, Version 4.4 July 1, 2021 Page 18 of 21

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 who is 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.

5.3.4 Responsibility Inquiry

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

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 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 http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services, Version 4.4 July 1, 2021 Page 19 of 21 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.

5.3.7 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 Sample Price Agreement (Attachment A), 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 Sample Price Agreement (Attachment A).

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.

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

In the event that the parties have not reached mutually agreeable terms within twenty (20) calendar days, DAS PS may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

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-

DAS Procurement Services, Version 4.4 July 1, 2021 Page 20 of 21 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 Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

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

6.5 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

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

DAS Procurement Services, Version 4.4 July 1, 2021 Page 21 of 21

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