RFP_S-DASOBO-00003526.pdf

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RFP #S-DASOBO-00003526 WATER MEASUREMENT AND DATA COLLECTION INSTRUMENTS

STATE OF OREGON

COVER PAGE

Oregon Department of Administrative Services, Procurement Services on behalf of the Oregon Water Resource Department

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00003526 for

WATER MEASUREMENT AND DATA COLLECTION

INSTRUMENTS

Date of Issue: Monday, August 5, 2022 @ 8:00AM PT

Opening Date and Time: Monday, September 5, 2022 @ 4:00PM PT

Single Point of Contact (SPC): Nathan C. Ramos, OPBC Contract and Procurement Specialist 3

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, DAS Procurement Services, Version 4.4 July 1, 2021 Page 2 of 22 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 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 REQUIREMENTS .............................................................................................................................Error! Bookmark not defined.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM REQUIREMENTS (RESERVED)

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 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

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 - REQUIREMENTS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of the Oregon Water Resources Department (“OWRD or Agency”), is issuing this Request for Proposals under the provisions of ORS 279B.060 for Water Measurement and Data Collection Instruments.

This one Request for Proposal (“RFP”) has been issued to solicit for precision instruments used in the measuring and monitoring of surface water throughout the State. These instruments include Bubbler and Desiccant Kits, Doppler Water Current Profilers, Vented Submersible Pressure Transducers, Radar Water Level Sensors, logger and transmitter instruments, and GOES antenna and cable. This RFP is being used to find precision, durable, and best value instruments that best suit OWRDs needs.

Additional details on the Requirements of the goods or services or both are included in the Requirements section.

DAS PS anticipates the award of multiple Price Agreements from this RFP.

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

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 or 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.

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Event Date Time

Pre-Proposal Conference Thursday, August 25, 2022 10:00 AM

Questions / Requests for Clarification Due Friday, August 19, 2022 4:00 PM

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

Friday, August 26, 2022 4:00 PM

RFP Protest Period Ends Friday, August 12, 2022 4:00 PM

Opening (Proposal Due) Monday, September 5, 4:00 PM

Issuance of Notice of Intent to Award (approx.) Friday, September 16, 2022 4:00 PM

Award Protest Period Ends Seven (7) Calendar Days after Intent to Award is posted in OregonBuys.

4:00 PM

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 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.

“Agreement” or “Price Agreement” means this agreement between Contractor and DAS PS under which Contractor agrees to hold prices, terms and conditions firm for a specified period of time for the benefit of Agency.

“Contract” means the entire agreement between Contractor and Agency, comprised of a signed https://www.oregon.gov/das/ORBuys/Documents/RolesAndTermCrosswalk.pdf

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Purchase Order and a Price Agreement, including any exhibits and amendments.

“DAS PS” means Oregon Department of Administrative Services, Procurement Services.

“Opening” means the date and time on or before all Proposals must be received at the location or by the methods described in Section 1.2 of this RFP to be considered.

“Bubbler and Desiccant Kit” means a precision instrument used to measure the water level and temperature.

“Doppler Water Current Profiler” means a precision instrument used to measure water velocities, direction of water flow, and water depth.

“Vented Submersible Pressure Transducer” means a precision instrument used to measure tank levels while being fully submerged in a liquid.

Radar Water Level Sensor” means a precision instrument used to measure the water level of rivers, lakes, tidal seas, and reservoirs.

“Logger / Transmitter” means an Instrument used to collect and store data until transmission to satellite can occur.

“Instrument” means a Good(s) used to measure the speed, depth, temperature, directional flow, and other data collection parameters.

“GOES Antenna and Cable” means an Antenna that has the capability to report data from environmental recordings to the Geostationary Operational Environmental Satellite, and the cable required to connect precision instruments to the Antenna.

“Proposer” refers to the person and or firm that submits a Proposal to this RFP.

”SPC” means the Single Point of Contact for this RFP.

“State” means the State of Oregon.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Water Resources Departments mission is to serve the public by practicing and promoting responsible water management.

The department’s Core Values are:

• Integrity – We are accountable for all that we do. We act with honesty and promote transparency.

• Service – We are dedicated to providing outstanding service and treating everyone equitably in our management and stewardship of state resources.

• Technical Excellence – We base resource decisions on law, science, and expertise.

• Teamwork – We are united in our mission, relying on one another and working together with the communities we serve.

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• Forward-Looking – We seek innovation and practice solutions to the water challenges for today and tomorrow.

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

The OWRD is organized into five divisions: Field Services, Technical Services, Water Rights and Adjudications, Director's Office, and Administrative Services. The OWRD is headquartered in Salem, OR and has four (4) other regional offices and twenty (20) small field offices throughout Oregon.

2.3.2 Project Overview and Purpose

The OWRD requires precision water measuring and data collection instruments to fulfill its mission. OWRD currently has an inventory of aging and in some cases non-operable water measuring and data collection instrument. OWRD has a need to upgrade and replace its aging current inventory of water measuring and data collection instruments and to provide newly hired staff with the necessary tools to perform their duties. The Price Agreement(s) resulting from this RFP will be the avenues to fulfilling this need.

This RFP will allow Proposers to submit a Proposal and offer the OWRD solutions for new instruments that meet or exceed the requirements set forth in Attachment H. The State recognizes that not all Proposers will be able meet or exceed the minimum requirements for all Good(s) listed in the Attachment. However, if a Proposer meets or exceeds the requirements for a single instrument, that Proposer may be eligible for an Award to provide that particular Good(s).

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM REQUIREMENTS (RESERVED)

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):

• Executive Summary

• 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)

• Requirements (Attachment H)

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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.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in Section 4.5 for electronic submission.

The Price Proposal must be submitted as a separate electronic response file.

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

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

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.

3.2.3 Authorized Representative

Proposer’s Authorized Representative must sign Attachment C. 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

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The 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 Executive Summary (Scored)

Proposer shall submit with its Proposal an Executive Summary. This summary must include:

• A market overview for the Good(s) being solicited and provided by Proposer.

• A brief description of the Proposer’s business model.

• A list of key team members including, management and salespersons. This list should include o Name and Title o Mailing Address o Email Address o Telephone Number o Business hours, including technical support contact information.

3.3.2 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.

3.3.3 Disclosure Exemption Affidavit (Attachment B) (Not Scored)

Proposer shall submit with its Proposal a completed Attachment B- Disclosure Exemption Affidavit. If Proposer believes any portions of its Proposal are exempt from disclosure under the Oregon Public Records Laws (ORS 192.311 to 192.478), Proposer must identify those portions and set forth the exemption on Attachment B. Proposer also must submit a fully redacted version of its Proposal.

If Proposer does not believe that any of its Proposal is subject to exemption from disclosure, Proposer shall so indicate on Attachment B.

3.3.4 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.

3.3.5 Reference Check Form (Attachment D) (Scored)

Proposer shall provide three (3) references from current or former client firms for similar

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Good(s) provided for any clients within the last five (5) years. References must be able to verify the quality of previous, related Good(s). 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.

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.

3.3.6 Price Proposal Form (Attachment E) (Scored)

Proposer must complete Attachment E – Price Proposal Form and submit the completed Attachment E with its Proposal.

The Price Proposal must indicate the price of each Instrument. This total Instrument costs must include the item or catalog number (if applicable), price per Instrument including shipping and or delivery costs, configuration costs, and hourly training costs. Annual upgrade costs, and hourly maintenance and service costs should be listed, but will not be used in the Price Evaluation process.

3.3.7 Responsibility Inquiry (Attachment G) (Not Scored)

Proposer must complete and return Attachment G – Responsibility Inquiry.

3.3.8 Requirements (Attachment H) (Scored)

Proposer must complete and return Attachment H – Requirements.

The Requirements Attachment indicates which Good(s) the Proposer can supply to Agency that meets or exceeds the minimum Requirements of that Good(s).

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

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

The purpose of the Pre-Proposal conference is to:

https://oregonbuys.gov/

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• Provide additional description of the Good(s);

• Explain the RFP process; and

• Answer any questions Proposers may have related to the Good(s) or the process.

Statements made at the Pre-Proposal conference are not binding upon DAS PS or the Agency.

Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by selecting the link below to attend virtually.

Pre-Proposal Conference Link:

Click here to join the meeting

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-00003526 ;

• 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.

Questions via telephone will not be accepted.

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:

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• Be delivered to the SPC via email;

• Reference the OregonBuys bid number S-DASOBO-00003526;

• 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: OregonBuys.gov

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

Alternative Delivery Option: Other Electronic Media Response

See Section 3.2.2 Proposal Format and Quantity for details.

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

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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.

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 undisclosed liquidated and delinquent debt owed to the State or any agency, board, commission, department or division 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).

4.10 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. Proposer shall submit a signed Responsibility Inquiry form (Attachment G) with its Proposal.

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

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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 a score for each evaluation criterion listed below in this Section 4.10.2 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 clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.3 EXECUTIVE SUMMARY

The Evaluation Committee will score the Executive Summary as follows:

A complete and detailed Executive Summary providing information for each item identified in Section 3.3.1 Executive Summary, will receive 20 points;

A complete but lacking details Executive Summary that does not provide information for each item listed in Section 3.3.1 will receive 10 points; and

A missing or incomplete Executive Summary will receive 0 points.

4.10.4 REFERENCE CHECK FORM

The SPC will score the Reference Check Form.

A Proposer who returns three (3) completed Reference Check Forms may receive up to 10 points based upon the average of the references scores.

A Proposer who returns two (2) Reference Check Forms may receive up to 5 points based upon the average of the references scores.

A Proposer who does not returns only one or no Reference Check Forms will receive 0 points.

4.10.5 PRICE EVALUATION

The SPC will conduct the price evaluation. .The sealed Price Proposals from Proposers will be opened and scored by individual instrument as follows:

Proposer with the lowest Price Proposal for one of the instruments will receive 20 points;

Proposer with the second lowest Price Proposal for the instruments will receive 10 points;

Proposer with the third lowest Price Proposal for the instrument will receive 5 points;

and

All other Proposers will receive 0 points.

The SPC will add all the scores for each instrument a Proposer offers, then divide by the number of instruments the Proposer has offered to come up with the final Price Proposal score.

Proposer should list the price for annual upgrade costs per unit, and hourly maintenance

DAS Procurement Services, Version 4.4 July 1, 2021 Page 16 of 22 and services costs per instrument. These two costs will not be used in the Price Evaluation.

4.10.6 REQUIREMENTS

The Evaluation Committee will score the Attachment H – Requirements as follows:

The Proposer that meets or exceeds the minimum requirements and offers the most;

Good(s) will receive 50 points.

The Proposer that meets or exceeds the minimum requirements and offers the second most Good(s) will receive 40 points;

The Proposer that meets or exceeds the minimum requirements and offers the third most Good(s) will receive 30 points; and

The Proposer that meets or exceeds the minimum requirements but offers the least number of Good(s) will receive 20 points.

4.10.7 PREFERENCES

4.10.7.1 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.

4.10.7.2 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.

4.10.7.3 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 : 110

3.3.1 Executive Summary 30

4.10.7 Reference Check Form 10

4.10.6 Requirements 50

4.10.5 PRICE POINTS POSSIBLE 20

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 average score for each Proposal with Proposer’s price score as calculated per Section 4.10.5. After all Proposals have been Evaluated, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank., and successive rank order determined by the highest score.

DAS PS may, in DAS PS’ 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 it’s 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’ 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-00003526 ;

• 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

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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 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 Goods or 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.

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

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’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, or hard copy;

• Reference the OregonBuys bid number S-DASOBO-00003526 ;

• Identify Proposer’s name and contact information;

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• 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 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 Agency 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 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.

5.3.5 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 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 20 of 22 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.

5.4 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, Agency 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 ONLY the items listed below:

• Descriptions of Goods

• Prices

• Ordering (and Order Form)/Delivery/Acceptance Process

• Invoicing/Payment

• Indemnity

• Limitation of Liability

• Insurance

In the event that the parties have not reached mutually agreeable terms within twenty (20) calendar days of the beginning of Negotiations, 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, Agency will use the Best Value Analysis methodology set forth in Attachment A, Exhibit D, to determine from which

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Contractor to purchase.

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 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 DSA 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 the State. 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 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 22 of 22 or Agency. 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 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