RFP S-DASOBO-00011691 Statewide Homeowners Survey.docx

State of Oregon

Cover Page Department of Administrative Services, State Procurement Services is issuing this Request For Proposals (RFP) under OregonBuys Bid Number

S-DASOBO-00011691

for statewide homeowner survey Date of Issue: October 8, 2024 Opening Date and Time: November 20, 2024 @ 5 PM

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 State Procurement Services, Version 4.5 March 31, 2023 Page 2 of 27 Table of Contents

GENERAL INFORMATION

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.

RFP Protest Period Ends

7 calendar days prior to RFP Opening

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.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

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

DAS SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS SPS 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.

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: OregonBuys.

OVERVIEW AND PURPOSE

Agency Overview and Project Background The State of Oregon, Construction Contractors Board (CCB) (herein referred to as “Agency”), hereby requests proposals to establish a Contract for the purpose of conducting random statewide homeowner telephone surveys of at least 800 Oregon households, consisting of questions supplied by the Agency. The current Oregon Homeowner Survey Questionnaire is attached (Attachment A, Sample Contract, Exhibit A-3). After award of the contract, contractor may suggest alternative questions, revisions, deletions or additions in order to accomplish the CCB goal.

The goal of the survey is to provide statistical and demographical data of the percentage of Oregon homeowners who understand and highly rate the value of hiring a licensed contractor. It also is used to provide statistical and demographical data of the percentage of Oregon homeowners who are aware of their rights and responsibilities and the services of the Agency.

The Agency protects the public’s interest relating to improvements to real property. The Agency regulates construction contractors and promotes a competitive business environment through education, contractor licensing, dispute resolution and law enforcement.

The Agency, utilizing limited staff and resources, strives to educate consumers and contractors on preventing problems that cause most consumer-contractor disputes.

SCOPE OF WORK/SPECIFICATIONS

The Oregon Department of Administrative Services, State Procurement Services, hereafter called “DAS SPS”, on behalf of the Oregon Construction Contractors Board, hereafter called “CCB” or “Agency”, is seeking to establish a Contract to conduct random sample online surveys of Oregon homeowners. The Agency has an established list of survey questions that have been developed. The successful Contractor will administer the homeowners survey bi-annually in a cost-effective manner, analyze the survey data for each survey, and prepare written results that include the questions, survey responses and sample demographics.

It is anticipated that (1) one Contract will be awarded and may be extended after (2) two years for a maximum Contract term of (10) ten years. It is anticipated that the Agency will administer the homeowners survey bi-annually.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications Attachment A Sample Contract.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS FOR PROPOSERS

Proposer must meet all of the following minimum qualifications. Proposer must be able to clearly identify how they meet the minimum qualifications to each of the following:

Each of Proposer’s key personnel working on this project must have at least one year of training and experience in professional survey development.

MINIMUM SUBMISSION REQUIREMENTS

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

Company Profile/Executive Summary/Financial & Fiscal Stability Administrative Proposal Key Persons and Resumes Sample Reports 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) Proposal Page Limits Proposal has no page limits.

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.

Proposals must be submitted electronically through the State of Oregon’s procurement system (“OregonBuys”) at https://oregonbuys.gov a Supplier eBidding Instruction sheet – User Guide can be found at: OregonBuys Vendor Formal Solicitation Response.pdf Public Disclosure If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

Proposer must complete and submit the Disclosure Exemption Affidavit (Attachment B). If no exemptions, mark N/A, sign and submit. Failure to submit, may result in a non-Responsive submission.

Authorized Representative Proposer’s authorized representative shall sign the Proposal. Failure of Proposer’s authorized representative to sign the Proposal may result in a non-Responsive submission.

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.

Company Profile/Executive Summary/Financial & Fiscal Stability (SCORED) Proposal must include a Company Profile/Executive Summary that condenses and highlights the contents of the Proposal, including an overview of the Proposer’s understanding of the contents of the RFP.

Proposer must also include a brief description of Proposer’s experience with, and current strategies for, ensuring that the Proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed contract period. If Proposer is a corporation (as opposed to an individual): identify the staff or board members that have fiscal responsibilities; include a copy of the Proposer’s last fiscal review or audit, or, a copy pf a business plan completed within the last year.

Proposer shall include:

Proposer’s experience providing similar services.

Describe in detail Company ownership and number of years in business.

Provide location of company headquarters and the location of the office locations to service the Agency.

Proposal must document that the Proposer is an established firm and has experience providing the Services proposed.

Describe Proposer’s experience working with similar projects, a description of how the Proposer generally intends to meet the RFP requirements, and description of Proposer’s experience with, and current strategies for ensuring that Proposer conducts business in a fiscally stable manner and remains financially solvent through the proposed contract period.

DAS SPS may request fiscal or financial information from the Proposer demonstrating responsibility standards provided in ORS 279B.110 and OAR 125-247-0640(1)(F) have been met.

Administrative Proposal (SCORED) Proposer’s Proposal shall contain documentation to demonstrate Proposer’s ability to meet the administrative proposal requirements defined in Attachment A, Exhibit A – Statement of Work. Proposer must describe how Proposer and its proposed solution meet the requirements that are specified in this RFP as related to the evaluation criteria defined in Section 4.10.2 Proposer shall describe a work plan for completing this project. The plan shall include:

A plan to accomplish conducting a random telephone survey as described in the Statement of Work.

The methods used to ensure the size, demographical and geographical of the sample as described in the Statement of Work.

The methods used to ensure the survey questions in Attachment A will be used and how the questions may be reviewed to reach the survey goals as described in the Statement of Work.

A plan of action describing how Proposer will work with the Agency to communicate the status of the project, respond to Agency inquiries and resolve any problems that may arise during the course of the Contract.

Provide a complete project timeline and delivery schedule and describe how the Proposer can meet each deadline.

Key Persons and Resumes (SCORED) Proposer shall demonstrate the Minimum Requirements as detailed in the Section 3.1. and provide the required minimum training, and experience in professional survey development for each Key Person.

Proposer must clearly provide each Key Persons (including in-house and all subcontractors) experience, including subcontractors. Identify each person’s role and responsibilities relevant qualifications, and relevant work experience.

Sample of Reports (SCORED) Proposer shall provide a sample of reports that show how the statistical and demographical information collected from survey responses will be disseminated. If a sample report is not available provide an outline that describes how the statistical and demographical information collected from survey responses will be disseminated.

Proposer Information and Certification Sheet 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.

References Using Attachment D, Proposal shall provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related Work.

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

Price Proposal (SCORED) Using Attachment E, Proposer shall provide the pricing of the total costs to complete the services as outlined in the Statement of Work.

Provide service description and price and hourly rate, per Key Person for services described in the Statement of Work, Exhibit A Sample Contract, including but not limited to all salaries, benefits, overtime and holiday pay, supplies, tools, travel, insurance and other expenses of Proposer’s business.

Travel and all other related expenses shall be part of the total consideration paid.

DAS SPS reserves the right to negotiate the final Cost with the successful Proposer.

COBID Certification / Outreach Plan (Certified Firm Participation) Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency 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. Agency 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

Proposer shall complete and submit the COBID Certification / Outreach Plan (Attachment F).

Failure to submit may result in a finding of non-Responsibility.

Responsibility Inquiry Proposer shall complete and submit the Responsibility Inquiry (Attachment G).

Failure to submit may result in a finding of non-Responsibility.

SOLICITATION PROCESS

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.

PRE-PROPOSAL CONFERENCE

There will not be a Pre-Proposal conference for this RFP.

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, 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.

SOLICITATION PROTESTS

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 Contract. 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 Contract marked as negotiable as set forth in the Negotiations Section.

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.

Requirements for Protests All protests must:

Be delivered to the SPC via email;

Reference the OregonBuys bid number;

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and 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.

PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any transmission or delivery errors or delays for any reason. A Proposal submitted by any means not authorized as provided in this RFP will be rejected.

Electronic Submission only via OregonBuys Proposal submission shall be submitted electronically through the State of Oregon’s procurement system (“OregonBuys”) at https://oregonbuys.gov Detailed instructions on how to submit a Proposal can be found at: OregonBuys Vendor Formal Solicitation Response.pdf.

Proposer’s needing additional assistance navigating OregonBuys may contact the State vendor support at: support.oregonbuys@oregon.gov or 1-855-800-5046.

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.

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.

PUBLIC OPENING

A public Opening will not be held for this RFP. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposer(s) may request the Opening information via email to SPC as identified on Cover Page, any request must include the OregonBuys bid number. 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.

PROPOSAL REJECTION

DAS SPS 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 Agency’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).

EVALUATION PROCESS

Responsiveness and Responsibility Determination 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, Agency may waive mistakes in accordance with OAR 125-247-0470.

Responsibility Determination DAS SPS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

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

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 SPS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available in the Point and Score Calculation section.

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

Scored Criteria – Maximum Total Points Available: 100 Proposal sections listed below will be evaluated and scored based upon Proposer’s response to the requirements of the RFP and whether they meet Agency need.

The following is a summary of the evaluation criteria with the maximum point possible assigned to each category.

COMPANY PROFILE/EXECUTIVE SUMMARY/FINANCIAL & FISCAL STABILITY – Section 3.3.1 (15 Points) To receive the maximum possible points, Proposer must demonstrate business stability and background.

How well does Proposer demonstrate company financial stability as a service provider?

How well does Proposer describe company background and years in business?

How well does Proposer’s Proposal describe company dependability and assurance to meet the requirements of RFP and through the life of the contract?

Section 3.3.1– Rating Scale (15 Point Maximum)

Proposal Section 3.3.1 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s company profile, executive summary, financial and fiscal stability, submission that meet the requirements that are specified in this RFP. A maximum total score of fifteen (15) points are available for this section.

ADMINISTRATIVE PROPOSAL – Section 3.3.2 (15 points) To receive the maximum possible points, Proposer must demonstrate:

How well does Proposer understand RFP contents and services Agency is seeking?

How well does Proposer demonstrate ability to meet RFP requirements?

How well does Proposer’s Proposal describe experience providing similar services, meeting deadlines and communication with entities?

Section 3.3.2– Rating Scale (15 Point Maximum)

Proposal Section 3.3.2 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and scored will be based upon Proposer’s administrative proposal submission that meet the requirements that are specified in this RFP. A maximum total score of 15 points are available for this section.

KEY PERSONS AND RESUMES – Section 3.3.3 (25 points) To receive the maximum possible points, Proposal must clearly demonstrate the experience, qualifications, education, and training necessary to successfully complete requested services. Resume must be of the person who will be performing the service.

Does the Proposer clearly describe and demonstrate the roles and responsibilities of each proposed Key Person(s) to provide the homeowners statewide survey services?

How well does Proposer describe Key Person(s) experience, qualifications, and training?

Does the Proposer demonstrate that each Key Person meets Agency requirements and standards for providing the homeowners statewide survey services?

Section 3.3.3 – Rating Scale (25 Point Maximum)

Proposal Section 3.3.3 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s key persons and resumes submission that meet the requirements that are specified in this RFP. A maximum total score of twenty-five (25) points are available for this section.

SAMPLE OF REPORTS – Section 3.3.4 (25 points) How well does the Proposer’s expertise and experience in analyzing reports, including but not limited to survey development and validation align with Agency survey needs?

How well does the Proposer’s reporting criteria meet Agency requirements?

How well does the Proposer’s expertise and experience in data management and report administration, including Proposer’s ability to handle the administrative aspects of reporting, such as a report generation, data and report verification, prevention of data corruption, and reporting results?

Section 3.3.4 – Rating Scale (25 Point Maximum)

Proposal Section 3.3.4 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s sample of reports submission that meet the requirements that are specified in this RFP. A maximum total score of twenty-five (25) points are available for this section.

PRICE PROPOSAL

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 20 points.

Proposer with the second lowest Price Proposal will receive 10 points.

Proposer with the third lowest Price Proposal will receive 5 points.

All other Proposers will receive 0 points.

PREFERENCES

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

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.

The SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

DAS SPS may, in DAS SPS’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS SPS 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.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS SPS 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:

· Possible Interviews

· Possible Presentations/Demonstrations/Additional Submittal Items

· Discussions and submittal of revised Proposals

· Serial or simultaneous negotiations

· Best and Final Offers

ADDITIONAL ROUNDS

DAS SPS may elect to conduct a Round 2 consisting of only of interviews as set forth in section 4.14 below. If DAS SPS elects different or additional criteria for Round 2 or any subsequent round, DAS SPS will issue an addendum to set forth the additional round prior to the start of that round.

If DAS SPS determines to conduct a Round 2, Proposers will be invited to participate in Proposer interviews. DAS SPS may elect to conduct interviews via teleconference. Further details will be included with Notice of Competitive Range. Maximum Points Available for Round 2 Interviews is a Total: 100.

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

1.1.1 Award Consideration

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

1.1.2 Intent to Award Notice

DAS SPS will notify all Proposers in Writing that DAS SPS intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

INTENT TO AWARD PROTEST

1.1.3 Protest Submission

An Affected Proposer shall have 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 Contract 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 SPS has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

DAS SPS abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

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

If DAS SPS receives only one Proposal, DAS SPS may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

Protest Requirements Protests must:

Be delivered to the SPC via email;

Reference the OregonBuys bid number ;

Identify Proposer’s name and contact information;

Be signed by an authorized representative of Proposer;

Specify the grounds for the protest; and Be received within 7 calendar days of the Intent to Award notice.

1.1.4 Response to Protest

DAS SPS 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 SPS.

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

1.1.5 Insurance

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

1.1.6 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 SPS or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

1.1.7 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 Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

1.1.8 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency 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 Contract.

1.1.9 Nondiscrimination in Employment

As a condition of receiving the award of a Contract 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.

CONTRACT NEGOTIATION

1.1.10 Negotiation

After selection of a successful Proposer, DAS SPS may enter into Contract 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 Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

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

Following the selection of the apparent successful Proposer, DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below. However, DAS SPS 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 SPS 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 60 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

ADDITIONAL INFORMATION

COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency 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. Agency 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 Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

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.

OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency 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 Agency. 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 Contract, 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 Agency.

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by 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 Contract/Price Agreement award, or the rejection of any Proposal.

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.

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.

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 Contract. (ORS 279B.025)

ATTACHMENTS

Attachment A, Sample Contract w/:

· Exhibit A, Statement of Work

· Exhibit A-1, Summary of Deliverables

· Exhibit A-2, Deliverable/Task Payment Schedule

· Exhibit A-3, Screening Questions

· Exhibit B, Required Insurance

· Exhibit E, Independent Contractor Certification Attachment B, Disclosure Exemption Affidavit Attachment C, Proposer Information and Certification Sheet Attachment D, Reference Check Form Attachment E, Reserved Attachment F, Certified Disadvantage Business Outreach Plan Attachment G, Responsibility Inquiry

ATTACHMENT B — DISCLOSURE EXEMPTION AFFIDAVIT

____________________ (Affiant), being first duly sworn under oath, and representing [insert Proposer Name] (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.

I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the “Proposal”), to the State of Oregon (State) in response to Request for Proposals S-DASOBO-00011691, Statewide Homeowner Survey, and I am familiar with the contents of the RFP and Proposal.

I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information is exempt from disclosure under Oregon’s Public Records Law under the specifically designated sections as set forth in Exhibit A or constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

is not patented, is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts, has actual or potential commercial value, and gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

or Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Affiant’s Signature State of ___________) ) ss:

County of ________) Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of _________________

My Commission Expires: _________

EXHIBIT A TO ATTACHMENT B

Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s):

ATTACHMENT C — PROPOSER INFORMATION AND CERTIFICATION SHEET

Legal Name of Proposer:

Address:

City, State, Zip:

State of Incorporation:

Entity Type:

Contact Name:

Telephone:

Email:

Oregon Business Registry Number (if required):

Any individual signing below hereby certifies they are an authorized representative of Proposer and that:

Proposer understands and accepts the requirements of this RFP. By submitting a Proposal, Proposer agrees to be bound by the Contract terms and conditions in Attachment A and as modified by any Addenda, except for those terms and conditions that DAS SPS has reserved for negotiation, as identified in the RFP.

Proposer acknowledges receipt of any and all Addenda to this RFP.

Proposal is a Firm Offer for 180 days following the Closing.

If awarded a Contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract.

I have knowledge regarding Proposer’s payment of taxes and by signing below I hereby certify that, to the best of my knowledge, Proposer is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Proposer does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. If applicable, Proposer has, or will have prior to contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112 (formerly HB 3060), of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class. DAS SPS may not enter into a contract with an anticipated contract price of $150,000 or more with a Proposer that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information and sample policy template.

Proposer complies with ORS 652.220 and does not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

Contractor’s continuing compliance constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles DAS SPS to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

Proposer is not engaged in the provision of broadband Internet…