RFP s16500 00003846 County Election Staff Study.pdf

RFP #S-16500-00003846 County Elections Staffing Research Study

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 1 of 19 SoS Version Dated 01/09/2020

The State of Oregon Secretary of State’s Office Request for Proposals s-16500-00003846

County Elections Staffing Research Study

RFP Contact Information

Purchaser: David Matthews Phone: 971-900-9945 Email: David.w.matthews@sos.oregon.gov mailto:David.w.matthews@sos.oregon.gov

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 2 of 19

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 OREGONBUYS

1.4 SINGLE POINT OF CONTACT

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 OVERVIEW AND PURPOSE

2.3 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM Requirements

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 QUOTE REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3 QUOTE DELIVERY

4.4 QUOTE MODIFICATION OR WITHDRAWAL

4.5 QUOTE DUE

4.6 QUOTE REJECTION

4.7 EVALUATION PROCESS

4.8 POINT AND SCORE CALCULATIONS

4.9 RANKING OF PROPOSERS

4.10 NEXT STEP DETERMINATION

4.11 ADDITIONAL ROUNDS (RESERVED)

4.12 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

6.3 CANCELLATION OF RFP; REJECTION OF QUOTE; NO DAMAGES

6.4 COST OF SUBMITTING A QUOTE

6.5 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.6 RECYCLABLE PRODUCTS

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 3 of 19

ATTACHMENTS

Attachment A – Sample Contract

Attachment B – Administrative Proposal Minimum Qualifications and Required Documents

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 4 of 19

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 unless confirmed by written Amendment. Proposers may be asked to submit questions in writing.

Below is the link to join the meeting:

Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Meeting ID: 277 532 232 203 Passcode: CCJ3BZ Download Teams | Join on the web Or call in (audio only) +1 503-446-4951,,140771047# United States, Portland Phone Conference ID: 140 771 047# Find a local number | Reset PIN Learn More | Meeting options https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGJlMTNhMWItMzQ0Ny00ODlhLTg4MjMtYTcyNjQyNjllYWYz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%221f2c9aaa-0431-4c08-9752-9ece50eaa823%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15034464951,,140771047#%20 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=140771047 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=1f2c9aaa-0431-4c08-9752-9ece50eaa823&tenantId=aa3f6932-fa7c-47b4-a0ce-a598cad161cf&threadId=19_meeting_NGJlMTNhMWItMzQ0Ny00ODlhLTg4MjMtYTcyNjQyNjllYWYz@thread.v2&messageId=0&language=en-US

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 5 of 19

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Secretary of State’s Office, Executive Division (“Agency”), is issuing this Request for Proposal for research on the budget challenges and various staffing levels in local County election offices. County election officials regularly experience limited capacity and resource constraints to both administer elections and implement new election laws and programs. The Agency is seeking a lay of the land on budget limitations and an understanding of the barriers that exist to secure adequate funding. .

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 Contract from this RFP.

The initial term of the Contract is anticipated to expire on April 1, 2023 with options to renew as permitted by applicable statute or rule.

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.

Event Date and Time

Pre Proposal Conference. 09/12/2022, 4:00-5:00 PM

Questions / Requests for Clarification Due 09/15/2022, 5:00PM

Answers to Questions / Requests for Clarification Issued (approx.) 09/19/2022, 5:00 PM

Bid Opening Date/Proposals Due 10/03/2022, 10:00 AM

Evaluations Completed 10/17/2022

Selection and Notice of Award 10/18/2022

Negotiations and Contract Execution 10/27/2022

1.3 OREGONBUYS

This RFP, including all amendments, attachments, and exhibits is posted on OregonBuys at https://oregonbuys.gov. RFP documents will not be mailed.

1.3.1 OREGONBUYS ASSISTANCE

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1.855.800.5046 or by email at support.oregonbuys@oregon.gov.

https://oregonbuys.gov/ mailto:support.oregonbuys@oregon.gov

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 6 of 19

1.3.2 OREGONBUYS REGISTRATION INFORMATION

Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

1.4 SINGLE POINT OF CONTACT

The single point of contact for this RFP is identified on the first page as David Matthews David.w.matthews@sos.oregon.gov . Proposer shall direct all communications related to any provision of the RFP only to the Purchaser, 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

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(4).

Agency is using the Intermediate Procurement method, pursuant to ORS 279B.075 and OAR 137- 047-0275.

DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in ORS 279A.010, ORS 279B.005, and OAR 137-046-0110 or as defined below.

“Contract” means a purchase order, including the terms and conditions, issued via OregonBuys.

“Price Agreement” means a master blanket purchase order, including the terms and conditions, issued via OregonBuys.

“Research Analysis” means a process used by researchers for reducing data to a story and interpreting it to derive insights.

“Quote” means Proposer’s response to this RFP submitted via OregonBuys.

2.2 OVERVIEW AND PURPOSE

2.2.1 Agency Overview and Background

The Oregon Secretary of State is one of three constitutional offices created at statehood. As an independent constitutional officer, the Secretary of State answers directly and solely to the people of Oregon.

To learn more about our Agency and our respective divisions, please visit our webpage:

https://sos.oregon.gov/Pages/divisions.aspx.

2.2.2 Project Overview and Background

Oregon’s 36 county clerks and elections administrators are responsible for the heavy lifting and mailto:David.w.matthews@sos.oregon.gov https://sos.oregon.gov/Pages/divisions.aspx

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 7 of 19 day to day operations of running and administering elections. However, staffing configurations for each county vary considerably. Despite the variety and amount of work required to conduct secure, accurate, and modern elections, there is currently no “industry” standard for staffing needs per voter.

Variables affecting this research will include, but are not limited to:

- Forms of county government vary – some counties have elected clerks, others appointed elections administrators (home rule) -Geographical diversity of counties -Population/number of voters per county

- County elections staff often have multiple cross duties (tax assessments, archive management, etc.)

Oregon county clerks consistently state that there is no amount of new equipment or software that can ease the burden on their offices. To a certain point, county clerks claim they do not have the staffing structure capable of using new technologies or adapting to the changing election administration landscape.

Combined with increasing public interest in the election process, counties are in an increasingly difficult position to meet all the requirements of new legislation and expectations of voters.

2.3 SCOPE OF WORK/SPECIFICATIONS

The goal of this project is to complete an assessment of budget, staffing levels and identify resource constraints for Oregon elections offices in Oregon’s 36 counties and propose a model of funding. This assessment will be presented by the Agency as a report to the Oregon Legislature on the status of election office staffing and identify the greatest weaknesses and challenges facing understaffed offices. The proposer may be required to join the Agency during the presentation to the Oregon Legislature and or help develop and review the presentation to the legislature.

The selected Proposer shall understand and identify the work required to effectively conduct elections at the county level. Elections administration includes adhering to state and federal laws, rules, policies, and directives from the Secretary of State. In addition, administration of election law must take into consideration the demographics and culture of each county’s government and registered voter base.

The selected Proposer shall research and prepare a study of all 36 Oregon counties that identifies the most significant staffing concerns in administering elections and discuss issues that counties face to complete the work under varying deadlines and competing responsibilities. . The first component of Project Deliverables will include a summary of work required, variety of work across the state, primary challenges faced, and the various funding sources for county elections.

The second component of Project Deliverables is a proposed funding models that adequately addresses the issues and challenges identified in the first component. Such models shall be explained and described in quantitative and qualitative descriptors using an example county.

- Sources of the models may derive from national or regional comparisons, but must take

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 8 of 19 into consideration the unique requirements of Oregon’s Vote By Mail system.

- Models shall consider recent and forecasted legislative changes to Oregon election laws, to the extent possible.

Funding for the models shall center on providing adequate staffing, expertise, and competitive compensation.

Researcher chosen for this project with work with Agencies Contract Administrator to determine best qualitative and quantitative metrics for measuring differences between counties and determining model for adequate staffing.

Deliverables:

• Staffing and budget data collected from all 36 counties

• Thorough analysis of data collected from all 36 counties.

• One or more proposed adequate staffing model (s)

• Final Report

Timeline:

Draft report due no later than February 15, 2023.

Final report due no later than March 1, 2023.

Target audience:

Oregon policymakers and budget writers, including: Oregon Legislators, County Commissioners, County Judges, statewide elected officials, the media and general public.

The Successful Proposer shall meet the highest standards prevalent in the industry or business most closely involved in providing the Goods or Services that the Agency is purchasing under this RFP.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM REQUIREMENTS

To be considered for evaluation, Proposer must be a registered vendor in OregonBuys.

Furthermore, Quote must demonstrate how Proposer meets all requirements of this section:

3.1.1 Key Person Requirements Bachelor’s Degree in one of the following: social sciences, public administration, mathematics, accounting, finance, statistics, Economics or related fields, and 4 years of research analysis experience. Include Key Persons Requirements on Key Persons Resume.

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 9 of 19

3.1.2 Maximum Budget The maximum budget for the complete project is $140,000.00

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Quote Submissions

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

Document Format

• Executive Summary Attachment in Word or PDF

• Project Implementation Plan Attachment in Word or PDF

• Administrative Proposal (Attachment B) Attachment in Word or PDF

• Key Persons and Resumes Attachment in Word or PDF

• Work Samples Attachment in Word or PDF

• Price Enter in Items Tab Oregonbuys

3.2.2 Quote Format and Quantity

Quote should follow the format and reference the sections listed in the Quote Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Price information must be submitted using the Items tab in OregonBuys.

Proposer shall submit its Quote and all other submittal requirements using OregonBuys.

Proposer shall submit a copy of its Quote and all other submittal requirements, with Attachment B - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature. If Proposer believes any of its Quote 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) and Proposer also shall submit a fully redacted version of its Quote, clearly identified as the redacted version.

3.2.3 Authorized Representative

Failure of the authorized representative to sign the Quote may subject the Quote to rejection by Agency.

3.3 QUOTE REQUIREMENTS

Quote 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 Quote 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.

Quote should not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Quote. Do not include marketing or advertising material in the Quote, unless requested. Quote should be straightforward and address the requests of the RFP.

Quote containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 10 of 19

3.3.1 Administrative Proposal

Proposer shall complete and submit Attachment B.

Failure to demonstrate compliance with Oregon Tax Laws and to sign attachment B may result in a finding of non-Responsibility.

Provide 2 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.

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

Proposer shall submit reference names and contact information. Agency will make three attempts to contact each of the references provided by the Proposer.

3.3.2 Pricing

Provide pricing information by completing the Items Tab in OregonBuys.

3.3.3 Key Persons and their Resumes

Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each individual demonstrate prior social science research experience and research experience with government agencies specifically Elections divisions. Identify any work experience that is tied to the Work samples submitted from section 3.3.5 and the role the key person performed. Evaluation criterion in Section 4.7.2.1

3.3.4 Project Implementation Plan

Briefly describe how Proposer would carry out the major activities of this project. Describe your proposed methodology for completing the work in context with the Scope of Work.

Demonstrate the capacity to collect information from all 36 Oregon counties. Describe the understanding of the complexity of services provided by each county election office and how the project implementation plan accounts for the complexity. Describe how the project implementation plan will show allocation of county election budget streams to determine a model(s) for adequate staffing.

Describe proposers’ familiarity with local election administration, experience with complex research design and execution, strong communications skills, familiarity with basics of municipal and state budgets. Provide a comprehensive management plan that the Proposer intends to follow. Provide a schedule of activities of the management plan that includes start date, activities milestone dates and final report due date of March 1, 2023. Illustrate how the plan will serve to coordinate and accomplish the Work. Include a communication plan that has scheduled communication of once a month with Agency Contract Administrator.

Evaluation criterion in Section 4.7.2.2

3.3.5 Work Samples/Research Reports

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 11 of 19

Provide 2 work samples/research reports that uses APA format or similar format.

Evaluation criterion in Section 4.7.2.3

3.3.6 Executive Summary

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC NOTICE

The RFP and attachments are published in OregonBuys at https://OregonBuys.gov. RFP documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be published as Bid Amendment(s) in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Bid Amendments have been issued. Bid Amendments are incorporated into the RFP by this reference.

4.2 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 submitted using the Q&A Tab in OregonBuys.

4.3 QUOTE DELIVERY

Proposer is solely responsible for ensuring its Quote is submitted through OregonBuys in accordance with the RFP requirements before Bid Opening Date. Agency is not responsible for any transmission errors or delays, or for any mis-delivery for any reason. Additional information may be found in the OregonBuys Terms of Use.

4.4 QUOTE MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Quote, or to withdraw its Quote, it must do so through OregonBuys prior to the RFP Bid Opening Date.

4.5 QUOTE DUE

A Quote (including all required submittal items) must be received in OregonBuys on or before Bid Opening Date. All Quote modifications or withdrawals must be received prior to Bid Opening Date.

A Quote received after Bid Opening Date is considered LATE and will NOT be accepted for evaluation.

4.6 QUOTE REJECTION

Agency may reject a Quote for any of the following reasons:

https://oregonbuys.gov/

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 12 of 19

• 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 Quote.

• 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 Purchaser or those the Purchaser authorizes, or inappropriate contact with the Purchaser.

• Proposer attempts to influence a member of the Evaluation Committee.

• Quote 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 Bid Amendments.

4.7 EVALUATION PROCESS

4.7.1 Responsiveness and Responsibility determination

4.7.1.1 Responsiveness determination

A Quote received prior to Bid Opening Date will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Quote is unclear, the Purchaser may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Quote. If the Purchaser finds the Quote non- Responsive, the Quote may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.7.1.2 Responsibility determination

Agency 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 as part of Administrative Proposal (Attachment B) with Quote.

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

4.7.2 Evaluation Criteria

Each Quote 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 up to the maximum points available in the Point and Score Calculation section.

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

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 13 of 19 included in the original Quote.

This table will be used to assign scores for the Evaluation Criteria in this section 4.7.2.

Score Description

100 Outstanding – An excellent response with no apparent weaknesses.

90 Great – Many major strengths, one minor weakness.

80 Very Good – Some major strengths, one minor weakness.

70 Good – Some major strengths, some minor weaknesses.

60 Ok – Some moderate strengths, some minor weaknesses.

50 Adequate – Some strengths, one major weakness.

40 Unsatisfactory – Some minor strengths, one major weakness.

30 Weak – One minor strength, some major weaknesses.

20 Poor – One minor strength, many major weaknesses.

10 Response of no value – one minor strength, many major weaknesses.

0 No Response.

4.7.2.1 Key Person and their resumes. Section 3.3.3 (25 points)

• How well does each of the Key Person resumes demonstrate social science research experience?

• How well does key persons resumes demonstrate research experience with government agencies specifically elections divisions?

• Does key persons resumes include degree(s) earned in social sciences, public administration, mathematics, accounting, finance statistics, Economics or related fields, and 4 years of research analysis experience?

4.7.2.2 Project Implantation Plan. Section 3.3.4 (50 points)

• How well does the project plan demonstrate the capacity to collect information from all 36 counties?

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 14 of 19

• How well does the methodology proposed demonstrate multiple methods of collecting data, and validating results?

• How well does the proposed schedule of work demonstrate allocation of time for each part of the implantation plan and final report date?

• How well does project implantation plan demonstrate the understanding of the complexity of services provided by each county election office?

• How well does the project implantation plan show allocation of county election budget streams to determine model(s) for adequate staff at each county?

4.7.2.3 Work Samples, Section 3.3.5 (25 points)

• Do the work samples demonstrate ability to successfully conduct research projects?

• How well do the work samples/research reports relate to the scope of work for this project?

• How well do the work samples/research reports display and use proper grammar and punctuation?

4.7.3 PREFERENCES

4.7.3.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.7.3.2 Reciprocal Preference

For evaluation purposes per ORS 279A.120(2)(b), Agency shall add a percent increase to each out-of-state Proposer's Quote price that is equal to the percent preference, if any, given to a Resident Proposer in the Proposer's state.

4.7.3.3 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least one Proposer does not, Agency will select the Proposer offering 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.

4.7.3.4 Tiebreakers

Oregon Supplies: If Agency receives Quotes identical in price, fitness, availability, and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

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

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 15 of 19

4.8 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE 100

4.7.2.1 Key Persons Resumes 25

4.7.2.2 Project Implantation Plan 50

4.7.2.3 Work Sample/Research Report 25

Scores are the values (0 through 100) assigned by each evaluator.

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

The Purchaser 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. 10=10%, 50=50%, 72=72%, 90=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Proposer A receives scores of 100, 90, and 95 for criterion worth 50 points. The Purchaser averages 100, 90, and 95 for a score of 95 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.

4.9 RANKING OF PROPOSERS

The Purchaser will average the scores for each Quote in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

Agency will rank all Proposers at the conclusion of the evaluation and scoring and may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency 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.

The Purchaser will combine the average score for each Quote with Proposer’s price score and reference score. After any applicable preference has been applied, Purchaser will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

4.10 NEXT STEP DETERMINATION

At the conclusion of a round 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 Quotes

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 16 of 19

• Serial or simultaneous negotiations

• Best and Final Offers

4.10.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.11 ADDITIONAL ROUNDS (RESERVED)

4.12 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the rounds will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Proposers participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Proposer with the highest score from the final round will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, shall 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 defined in this RFP.

5.1.2 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.

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 17 of 19

5.2.1 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.

5.2.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number 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.

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

5.3 CONTRACT NEGOTIATION

5.3.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Quote, 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 Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify 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).

It may be possible to negotiate some provisions of the final Contract; 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. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Quote.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate ONLY the Statement of Work and the following terms and conditions:

• The final report deadline.

In the event that the parties have not reached mutually agreeable terms within 15 calendar http://sos.oregon.gov/business/pages/register.aspx

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 18 of 19 days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 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 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.

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Quotes are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Quotes submitted in response to this RFP become the Property of Agency. By submitting a Quote 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 Quote solely for the purpose of evaluating the Quote, 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). Quotes, including supporting materials, will not be returned to Proposer unless the Quote is submitted late.

6.3 CANCELLATION OF RFP; REJECTION OF QUOTE; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Quotes 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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Quote.

6.4 COST OF SUBMITTING A QUOTE

Proposer shall pay all the costs in submitting its Quote, including, but not limited to, the costs to prepare and submit the Quote, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

6.5 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Quote that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 19 of 19 www.oregon.gov/das and use the search bar feature to locate the procedure.

6.6 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

https://www.oregon.gov/das