RFP S-DASOBO-00016480 - FINAL.docx
DOCX document 92 KB Posted
- Solicitation number
- S-DASOBO-00016480
- Issued by
- Oregon
About this file
This Request for Proposal (RFP) is issued by the Oregon Department of Administrative Services, State Procurement Services, on behalf of the Oregon Department of Veterans Affairs (ODVA) for Conservatorship Investment Services under OregonBuys Bid Number S-DASOBO-00016480. The State seeks to contract with a qualified financial advisor to provide investment consultation, management, and advice for the ODVA Conservatorship Program, which serves veterans and their families deemed financially incapable of managing their resources. Services include reviewing existing investment portfolios, managing conservatorship investment needs, reviewing clients for future requirements, and providing consultation and training to ODVA staff. The RFP anticipates awarding one contract with an initial two-year term and options to renew for additional terms. A pre-proposal conference is scheduled for April 8, 2026, at 10:00 AM, with questions and clarifications due the same day by 5:00 PM. The proposal opening date is April 22, 2026, at 10:00 AM, and the Notice of Intent to Award is anticipated by May 15, 2026. The single point of contact is Skye Laidler at 1225 Ferry Street SE, Salem, OR 97301, (971) 446-1341, or Skye.Laidler@DAS.Oregon.gov.
Proposers must be licensed by the Oregon Division of Financial Regulation with valid current licenses and must designate a Key Person with a minimum of seven years' experience in financial advising, demonstrated knowledge of professional fiduciary or conservatorship services, and current licensure as an Investment Advisor Representative (IAR). The price proposal must include the name, title, salary, and fringe rate for each staff member performing the work. Proposals are evaluated on a 100-point scale: Technical Proposal and Implementation Plan (50 points), Form ADV (20 points), and Price (30 points). All proposals must be submitted electronically through OregonBuys, including required documentation such as Form ADV (Parts 1 and 2), Disclosure Exemption Affidavit, Proposer Information and Certification Sheet, Reference Check Form, COBID Certification/Outreach Plan, Responsibility Inquiry, and Key Person resumes. The State encourages participation from certified small businesses, disadvantaged business enterprises, minority-owned businesses, women-owned businesses, service-disabled veteran-owned businesses, and emerging small businesses. No pricing information, incumbent details, or specific funding amounts are specified in the RFP document.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Attachment G S-DASOBO-00016480.docx | DOCX document | |
| Attachment F S-DASOBO-00016480.docx | DOCX document | |
| Attachment E S-DASOBO-00016480.xlsx | XLSX spreadsheet | |
| Attachment A S-DASOBO-00016480.docx | DOCX document | |
| Attachment D S-DASOBO-00016480.docx | DOCX document | |
| Attachment C S-DASOBO-00016480.docx | DOCX document | |
| Attachment B S-DASOBO-00016480.docx | DOCX document | |
| Attachment H S-DASOBO-00016480.docx | DOCX document |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
State of Oregon
Cover Page The Department of Administrative Services, State Procurement Services Is issuing this Request For Proposals (RFP) on behalf of the Oregon Department of Veterans Affairs under OregonBuys Bid Number S-DASOBO-00016480 for Conservatorship Investment services Date of Issue: March 31, 2026 Opening Date and Time: April 22, 2026, 10:00 AM Single Point of Contact (SPC): Skye Laidler
| Address: | 1225 Ferry St SE |
| City, State, Zip | Salem, OR, 97301 |
| Phone (voice) | (971) 446-1341 |
| E-mail: | Skye.Laidler@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 4.5 March 31, 2023 Page 2 of 27 Table of Contents
| SECTION 1: | GENERAL INFORMATION | 3 |
| 1.1 | INTRODUCTION | 3 |
| 1.2 | SCHEDULE | 3 |
| 1.3 | SINGLE POINT OF CONTACT (SPC) | 3 |
| SECTION 2: | AUTHORITY, OVERVIEW, AND SCOPE | 4 |
| 2.1 | AUTHORITY AND METHOD | 4 |
| 2.2 | OVERVIEW AND PURPOSE | 4 |
| 2.3 | SCOPE OF WORK | 4 |
| SECTION 3: | PROCUREMENT REQUIREMENTS | 5 |
| 3.1 | MINIMUM QUALIFICATIONS | 5 |
| 3.2 | MINIMUM SUBMISSION REQUIREMENTS | 5 |
| 3.3 | PROPOSAL REQUIREMENTS | 6 |
| SECTION 4: | SOLICITATION PROCESS | 7 |
| 4.1 | PUBLIC NOTICE | 7 |
| 4.2 | PRE-PROPOSAL CONFERENCE | 7 |
| 4.3 | QUESTIONS / REQUESTS FOR CLARIFICATIONS | 7 |
| 4.4 | SOLICITATION PROTESTS | 8 |
| 4.5 | PROPOSAL DELIVERY OPTIONS | 8 |
| 4.6 | PROPOSAL MODIFICATION OR WITHDRAWAL | 9 |
| 4.7 | PROPOSAL DUE | 9 |
| 4.8 | PROPOSAL REJECTION | 9 |
| 4.9 | EVALUATION PROCESS | 9 |
| 4.10 | POINT AND SCORE CALCULATIONS | 11 |
| 4.11 | RANKING OF PROPOSERS | 11 |
| SECTION 5: | AWARD AND NEGOTIATION | 12 |
| 5.1 | AWARD NOTIFICATION PROCESS | 12 |
| 5.2 | INTENT TO AWARD PROTEST | 12 |
| 5.3 | APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS | 13 |
| 5.4 | CONTRACT NEGOTIATION | 14 |
| SECTION 6: | ADDITIONAL INFORMATION | 14 |
| 6.1 | COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION | 14 |
| 6.2 | CERTIFIED FIRM PARTICIPATION | 15 |
| 6.3 | GOVERNING LAWS AND REGULATIONS | 15 |
| 6.4 | OWNERSHIP/PERMISSION TO USE MATERIALS | 15 |
| 6.5 | CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES. | 15 |
| 6.6 | COST OF SUBMITTING A PROPOSAL | 15 |
| 6.7 | STATEWIDE E-WASTE/RECOVERY PROCEDURE | 16 |
| 6.8 | RECYCLABLE PRODUCTS | 16 |
LIST OF ATTACHMENTS
ATTACHMENT A SAMPLE CONTRACT
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 TECHNICAL PROPOSAL AND IMPLEMENTATION PLAN
GENERAL INFORMATION
INTRODUCTION
The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of the Oregon Department of Veterans Affairs (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Conservatorship Investment Services.
Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.
Agency anticipates the award of one (1) Contract from this RFP.
The initial term of the Contract is anticipated to be two (2) years with options to renew for additional terms.
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 |
| Pre-Proposal Conference |
| April 8, 2026 |
| 10:00 AM |
| Questions / Requests for Clarification Due |
| April 8, 2026 |
| 5:00 PM |
| Answers to Questions / Requests for Clarification Issued (approx.) |
| April 9, 2026 |
| RFP Protest Period Ends |
| 7 calendar days prior to RFP Opening |
| Opening (Proposal Due) |
| See RFP cover page |
| Opening of Proposal |
| April 22, 2026 |
| 10:00AM |
| Issuance of Notice of Intent to Award (approx.) |
| May 15, 2026 |
| Award Protest Period Ends |
| 7 calendar days after Notice of Intent to Award |
SINGLE POINT OF CONTACT (SPC)
The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information. Proposer must 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.
DAS SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260.
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 Background ODVA’s Conservatorship Program was established in 1965 and has provided professional fiduciary services to manage the income and assets of veterans and their families that have been deemed financially incapable by request of any payor of benefits (OAR 274-015-0020) to manage their resources. ODVA’s trust officers work closely with veterans and their family members to assist in long-term care and planning of assets and income.
Project Overview and Background The purpose of this project is to provide investment consultation, management, and advice to the ODVA Conservatorship Program, regarding the investments of Protected Persons (herein referred to as client(s)). The Financial Advisor (herein referred to as the contractor) will provide advice/consultation on topics such as stocks, bonds, trading, buying, selling, market forecasting, risk tolerance assessment, and understanding which investments are the best candidates to “cash-out” when the client requires cash infusions to pay for their costs of care. The awarded Contractor shall invest and manage assets as a prudent investor would, by considering the purposes, terms, distribution requirements and other circumstances of the trusts as per ORS 130.755.
Purpose The goal of this RFP is to establish a contract with the awarded vendor to provide investment services to ODVA for Conservatorship Program Veterans. The awarded contractor will work with ODVA to ensure that their Conservatorship investment needs are met.
SCOPE OF WORK
Review all existing investment portfolios;
Manage Conservatorship investment needs;
Review clients under ODVA Conservatorship for future need; and Provide consultation, advice, and training to ODVA Staff.
A Proposed Statement of Work can be found in Attachment A – Sample Contract, Exhibit A – Statement of Work.
PROCUREMENT REQUIREMENTS
MINIMUM QUALIFICATIONS
To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:
Licensing Requirements Proposer must be licensed by the Oregon Division of Financial Regulation (DFR). License must be valid and current to be considered for award.
Key Person Requirements Contractor’s Key Person must have a minimum of seven (7) years of experience in financial advising.
Contractor must be able to demonstrate knowledge of professional fiduciary or conservatorship services.
Contractor’s Key Person must be a licensed Investment Advisor Representative (IAR).
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):
Current Form ADV, including parts 1 and 2 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) Key Persons and Resumes Technical Proposal and Implementation Plan (Attachment H) 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 must submit its Proposal electronically through OregonBuys.
The Price Proposal must be submitted as a separate electronic response file.
Proposer must 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.
Authorized Representative Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by DAS SPS.
PROPOSAL REQUIREMENTS
Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer must 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.
Proposer Information and Certification Sheet Proposer must 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 Provide three (3) references from current or former client firms for similar projects performed for any clients within the last five (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 Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work and list the salary/wage and fringe rate separately for each individual.
Key Persons and their Resumes Specify key persons to be assigned to this project, and include a current resume (not to exceed two (2) pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.
Technical Proposal and Implementation Plan Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work. Provide a management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.
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
A 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:
Provide additional description of the project;
Explain the RFP process; and Answer any questions Proposers may have related to the project or the process.
Statements made at the Pre-Proposal conference are not binding upon Agency or DAS SPS. Proposers may be asked to submit questions in Writing.
Interested parties may participate in the Pre-Proposal Conference by:
Microsoft Teams meeting Join: https://teams.microsoft.com/meet/23062858099196?p=uKD3w1PEQHj2gV1thR Meeting ID: 230 628 580 991 96 Passcode: Xe9U6AU9 Dial in by phone +1 503-446-4951,,734254634# United States, Portland Phone conference ID: 734 254 634#
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.
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.
Proposal submission must be electronically through OregonBuys at: https://oregonbuys.gov/bso/ Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf Submissions received by any other delivery method will be rejected.
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.
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, DAS SPS 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 must 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
| SCORE |
| EXPLANATION |
| 10 |
| OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter. |
| 6 – 9 |
| VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted. |
| 5 |
| ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer. |
| 1 – 4 |
| FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter. |
| 0 |
| RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter. |
Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.9.2 up to the maximum points available as specified in Section 4.10 (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.
Technical Proposal and Implementation Plan Does proposer Key Person(s) meet the minimum seven (7) years of experience in financial advising?
How well does Proposer demonstrate their previous experience with or knowledge of professional fiduciary and/or conservatorship services?
Is Proposer’s Key Person a licensed Investment Advisor in the State of Oregon?
How well does Proposer describe their implementation plan?
Does proposer seem to have the resources necessary to to control and manage assets on behalf of ODVA?
Form ADV Did proposer include a copy of their Form ADV?
Is Form ADV complete and current?
Has proposer previously had any disciplinary actions taken against them?
PRICE EVALUATION
The Evaluation Committee will evaluate price in accordance with the Evaluation Criteria under 4.9.2.
POINT AND SCORE CALCULATIONS
| TOTAL POINTS POSSIBLE : |
| 100 |
POINTS POSSIBLE
| 4.9.2.1 |
| Technical Proposal and Implementation Plan |
| 50 |
| 4.9.2.2 |
| Form ADV |
| 20 |
| 4.10.3 |
| PRICE POINTS POSSIBLE |
| 30 |
Scores are the values (0 through 10) assigned by each evaluator.
Points are the total possible for each section as listed in the table below:
The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.
EXAMPLE:
Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.
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.
Agency may, at Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition.
Agency 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
AWARD AND NEGOTIATION
AWARD NOTIFICATION PROCESS
1.1.1 Award Consideration
Agency, 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. Agency may award less than the full Scope of Work described in this RFP.
1.1.2 Intent to Award Notice
Agency will notify all Proposers in Writing that Agency 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.
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 Agency receives only one Proposal, Agency 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
Agency 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 Agency.
APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS
Proposer who is selected for a 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 Agency 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 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.
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 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
1.1.9 Negotiation
After selection of a successful Proposer, Agency 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 should review the attached Sample Contract and note exceptions.
Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency 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, Agency may agree to negotiate. However, Agency 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.
Agency is willing to negotiate most 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 14 calendar days, Agency, at its discretion, 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 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) image1.jpeg
File details come from the government source that posted it. Updated .