RFP- State & Federal Lobbyist Services.pdf

REQUEST FOR PROPOSALS

STATE AND FEDERAL LOBBYIST SERVICES

BENTON COUNTY FINANCIAL SERVICES

CORVALLIS, OREGON

Benton County Board of Commissioners

Pat Malone, Commissioner

Nancy Wyse, Commissioner

Xanthippe Augerot, Commissioner

October 25th, 2023

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BENTON COUNTY, OREGON

REQUEST FOR PROPOSALS

STATE AND FEDERAL LOBBYIST SERVICES

BENTON COUNTY FINANCIAL SERVICES

Contents

SECTION I. – ADVERTISEMENT FOR PROPOSALS

SECTION II. – BACKGROUND AND SCOPE OF WORK

SECTION III. – SELECTION & EVALUATION CRITERIA

SECTION IV. - PROCESS & TIMELINES

SECTION V. - SUBMITTAL INSTRUCTIONS AND CHECKLIST

SECTION VI. – DEFINITIONS

EXHIBIT A - NON-COLLUSION AND CONFLICT OF INTEREST CERTIFICATION

EXHIBIT B – CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR .. 30

EXHIBIT C - REPRESENTATIONS AND CERTIFICATION REGARDING DEBARMENT, SUSPENSION

AND OTHER RESPONSIBILITY MATTERS

EXHIBIT D – CERTIFICATION OF INSURANCE REQUIREMENTS

EXHIBIT E – REFERENCES

EXHIBIT F – RETAINAGE

REFERENCE DOCUMENTS ON COUNTY WEBSITE: https://www.bentoncountyor.gov/rfps

SAMPLE GOODS AND SERVICES CONTRACT

https://www.co.benton.or.us/rfps

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BENTON COUNTY, OREGON

REQUEST FOR PROPOSAL

STATE AND FEDERAL LOBBYIST SERVICES

FINANCIAL SERVICES

SECTION I. – ADVERTISEMENT FOR PROPOSALS

Advertisement for Proposals

Notice is hereby given that Benton County, Oregon is seeking Request for Proposals (RFP) from qualified consultants experienced in state and federal legislative programs and resources who are interested in providing professional lobbyist services to further the County’s legislative goals and priorities.

The general scope of work includes: State and Federal Lobbying Services on behalf of Benton

County.

The objective is to retain a consultant who will work with the County to develop its legislative priorities each fiscal year and work with legislators at the state and federal levels, as well as agency and department staff to advance the County legislative priorities in Salem and

Washington D.C.; monitor the state’s appropriations cycles and grant deadlines; and other appropriate state and federal activities.

The RFP will allow Benton County to select and retain a consultant to perform duties as listed.

Responses will be reviewed, scored, and ranked according to the criteria defined in this solicitation document.

The County will not pay any amount that exceeds a fixed price, guaranteed maximum price or other maximum price specified in the contract unless the amount results from material changes to the scope of work set forth in the contract and the parties to the contract agree in writing to the material changes.

The Request for Proposal and supporting documents can be downloaded from the Benton County website at https://www.co.benton.or.us/rfps or a printed copy can be requested at actual cost by contacting Benton County Financial Services, 4500 SW Research Way, Corvallis, Oregon

97333, or phone (541) 766-6808, Monday through Friday, between the hours of 8:00 a.m. and

5:00 p.m.

It is imperative that those who download the solicitation documents check the website regularly for addenda, clarifications, and other notifications that may be pertinent. In addition, all respondents known by Benton County Financial Services to have received a complete set of the solicitation documents will receive email notifications when additional items

P a g e | 4 are posted to the website. For questions or clarifications regarding the project, contact: Rick

Crager, CHIEF FINANCIAL OFFICER, at rick.crager@bentoncountyor.gov or at 541-766-

6808.

RFP responses shall be sealed and marked plainly as STATE AND FEDERAL LOBBYIST

SERVICES, and submitted to Benton County Financial Services, Attention: Gabrielle Dibble or

Karen Vaughn, 4500 SW Research Way, Corvallis, Oregon 97333, by Wednesday, November

15th, 2023 no later than 4:00p.m. local time.

Proposals received after this date will not be accepted and will be returned unopened. Faxed or e-mail proposals will not be accepted. All items contained in the invitation and RFP document are applicable in preparing proposals. Each proposal must contain a statement as to whether the responder is a resident bidder as defined by ORS 279A.120.

The County reserves the right to accept or reject any or all proposals, to add or delete items, to waive any irregularities and/or informalities in any proposal, to postpone the acceptance of the proposal and the award for a period not to exceed sixty (60) working days from the proposal due date, and to make the award that is in the best interest of Benton County. The County may reject any proposal not in compliance with all prescribed public bidding procedures and submission requirements; and may reject for good cause any and all proposals upon a finding of the County that it is in the public interest to do so.

Dated:

By: Rick Crager, Chief Financial Officer

Publish: Daily Journal of Commerce: October 25th, 2023

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SECTION II. – BACKGROUND AND SCOPE OF WORK

A. Introduction & Background

Benton County is requesting submission of proposals from qualified firms. The objective of this

Request for Proposal (RFP) is to retain a lobbyist consultant firm to further the County’s legislative goals and priorities.

Benton County was created on December 23, 1847 by an act of the Provisional Government of

Oregon. At the time of its formation, the county included all the country west of the Willamette

River, south of Polk County and running all the way to the California border in the south and the

Pacific Ocean in the west. The county was created out of lands originally inhabited by the

Klickitat, who rented it from the Kalapuyas for use as hunting grounds. All aboriginal claims to land within Benton County were ceded in the Treaty of Dayton in 1855. Portions of Benton

County were taken to form Coos, Curry, Douglas, Jackson, Josephine, Lane and Lincoln

Counties, leaving Benton County in its present form. With a population of over 95,000, the

County is 90 miles south of Portland and 40 miles north of Eugene providing easy access to urban areas with ample opportunities for cultural activities.

Since 1972, Benton County has been an Oregon "Home Rule" County, meaning that the citizens have full control over the county charter, rather than using a standard constitution issued by the state. The voters elect three County Commissioners who form the Board of Commissioners to oversee all functions of county government services and set the budgets for the Sheriff’s Office and District Attorney’s Office. They act as executives, overseeing county operations; legislators, setting county ordinances; and also fill a quasi-judicial role in land use matters to govern the

County. The Board of Commissioners selects a County Administrator who implements policy and oversees all county operations providing the complete range of county services including community development, public works/transportation, public safety, natural areas, parks, and events, and health services.

The RFP is the initial step in the selection process to retain a consultant to perform lobbyist services for Benton County. Responses will be reviewed, scored, and ranked according to the criteria defined in this solicitation document by a Selection Review Committee composed of the

CHIEF FINANCIAL OFFICER, County officials, and other key stake holders in the process. In accordance with the criteria, respondents will scored by the selection committee and ranked from highest to lowest. The Request for Proposals can be downloaded from the Benton County

Oregon website at https://www.co.benton.or.us/rfps or a printed copy can be obtained at cost by contracting Benton County Financial Services, 4500 SW Research Way, Corvallis, Oregon;

phone: 541-766-6808.

http://www.co.benton.or.us/rfp

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B. Scope of Work

Part A - State Lobbying services Scope of Work:

1. Assist in the development of state legislative priorities for Benton County.

2. Develop and implement strategies to successfully promote the County's state legislative priorities.

3. Represent the County state legislative priorities and objectives to members of the Oregon

State Legislature and appropriate legislative committees, the Governor's Office, state agencies, and legislative staff.

4. Monitor state legislation, legislative committees, state and federal agencies, rulemaking, and the activities of appropriate interest groups that pertain to the stated County interests, goals, and objectives.

5. Provide periodic reports during legislative session to County Administrator, or designee, regarding the status of key legislative initiatives and legislative identified by the County as a priority.

6. Recommend appropriate County action regarding pertinent state legislation.

7. Identify opportunities for elected officials and County staff to testify before state legislative committees and subcommittees with respect to proposed state legislation; communicate such opportunities to the Country Administrator or designee in a timely manner; assist in preparation of testimony to be given; and as requested, testify on behalf of the County.

8. Attend meetings of the Board of Commissioners and County staff, as may be requested by the County Administrator or designee in order to brief County officials on state legislative activities, and/or develop, review, or adjust state legislative priorities.

9. Provide written and oral reports to the County Administrator and Board of Commissioners, as mutually agreed upon, in order to inform the County regarding the status of pertinent state legislation and of the lobbying activity/efforts of the Consultant.

10. Testify and/or sign-in on behalf of the County on state legislation of interest. Additionally, coordinate talking points and strategies for Elected Officials or County Staff to testify at hearings.

11. Comply with all Public Disclosure Commission requirements for lobbying.

12. Provide support on County efforts and initiatives beyond the state legislative session to position the County to advance its objectives.

13. A primary focus of the lobbyist is to identify and lobby for funding appropriated through state legislative action that effectively assists Benton County with addressing County infrastructure projects and other Board of Commissioner top priorities.

Part B – Federal Lobbying services Scope of Work:

1. Work with the Client to develop a strategic, comprehensive federal agenda and political outreach plan.

2. Research and identify federal programs and accounts for grant and earmark applications.

3. Coordinate, prepare, and submit earmark and grant requests.

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4. Work with Client to prepare supporting documentation, strategic messaging and communications literature for grant and earmark requests.

5. Schedule and attend meetings in Washington, D.C. between County officials, members of

Congress, and federal agencies. Plan and schedule additional meetings in D.C. and

Corvallis, as necessary.

6. Work with Client to obtain letters of support from stakeholders and submit letters to federal agencies and congressional offices.

7. Work with members of Congress to advocate for and secure grant and earmark funding.

8. Monitor and track legislation and prepare timely and frequent legislative and political updates to County officials and staff.

C. County Representatives & Points of Contact

Work specifications, materials, proposal responses and other items related to this RFP will be reviewed at the Benton County Kalapuya Building located at 4500 SW Research Way, Corvallis, OR 97333.

Information may be obtained from Benton County Financial Services representatives:

Rick Crager, Chief Financial Officer Other: Lindsey Goodman, Executive Assistant

Phone: 541-766-6808 Phone: 541-766-6100

Rick.Crager@bentoncountyor.gov Lindsey.Goodman@bentoncountyor.gov mailto:Rick.Crager@bentoncountyor.gov mailto:Lindsey.Goodman@bentoncountyor.gov

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SECTION III. – SELECTION & EVALUATION CRITERIA

A. Selection Process

Beginning with responses to this solicitation, a selection procedure will be used to evaluate the qualifications of interested firms to provide lobbyist services to the Benton County. The responses to this solicitation will be evaluated by the Selection Review Committee.

Respondents must meet the requirements and demonstrate the necessary experience and qualifications to complete the project, with the essential staff, on time, and within budget, and provide the required ongoing services in an efficient and cost-effective manner to the County.

Each response will be judged on its adherence to submission requirements and quality of its content. Benton County reserves the right to reject any or all responses and is not liable for any costs the respondent incurs while preparing the response. All responses will become public information, without obligation to the County.

B. Selection Review Committee

The Selection Review Committee will be comprised of members of County including Board of

Commissioner’s Chair (or delegate), County Administrator, and Chief Financial Officer. The role of the Selection Review Committee is to evaluate the responses submitted. If additional information is deemed necessary as part of the evaluations, such information will be solicited in order to allow the committee to complete the evaluation process. The goal of the evaluation process is to select qualified firms to bid the lobbyist management project and believed to best meet the County’s expectations for providing the highest quality of services at a cost representing the best value to the tax payers.

C. Response Requirements and Evaluation Criteria

The Selection Review Committee will evaluate whether the respondent provided the following

Response Questions:

Section 1. Introductory Letter & Proof of Licensure or Registration (Pass/Fail)

• This letter shall specifically stipulate that the Contractor accepts all terms and conditions contained in the RFP and supporting documents.

• Summarize your proposal and include your firm’s contact information. The letter should provide general information relative to the firm: i.e. name, address, telephone, fax, contact email, and owners of the firm.

• Describe the firm’s interest in the project, confirming availability of key staff, attesting to the accuracy of the proposal submittals, and indicating the company’s ability to provide services signed by a senior representative of the company.

• The introductory letter should name the person(s) authorized to represent the Respondent in negotiations and the name of the person(s) authorized to sign any contract that may result.

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• Contractor shall submit proof that they have a current, active registration through the

Secretary of State in the State of Oregon and can provide proof of any licensure, registry, or equivalent documentation to practice lobbying at the Federal level.

Section 2. Key Personnel & Qualifications 20 Points

• Describe the positions you would identify as “key personnel”, management and supervisory personnel for this work.

• Identify your proposed key personnel and their specific experience with lobbying, using specific examples and include their role and responsibilities.

• Describe their success in lobbying with similar agencies and timelines.

• Include a statement of qualifications and/or resume for each member.

Section 3. Experience with Similar Work 30 Points

• Describe your experience leading strategic initiatives and efforts to further your clients’ goals, preferably with counties.

• Please provide information for up to three relevant and recent strategic initiatives and efforts with similar scope and size that have been managed by the proposed project manager.

• Provide examples of successful legislative outcomes achieved for your clients (preferably counties) within the past 3 years and describe how your efforts contributed to those outcomes. Include the date each outcome was achieved.

• Please include specific examples where you were instrumental in achieving State and

Federal financial assistance for your local government clients.

Section 4. Budget 10 Points

• Provide information on your firm’s proposed fee schedule.

Section 5. Work Samples 20 Points

• Provide samples or electronic links to samples of documents you have produced that are similar to the documents your firm would provide under this contract, including a weekly report to client during legislative session.

Section 6. References 10 Points

Provide references on similar projects completed in the last 5 years. Include names, addresses, and phone numbers for at least 5 references. Please verify that the individuals identified have had direct contact with the referenced work, and the phone number is current. County may check with references and/or may check with other references associated with past work of your firm.

Provide reference information on Exhibit E.

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Section 7. Client List (Pass/Fail)

Provide a current listing of all clients utilizing your lobbyist services.

Section 8. Claim History 5 Points

Describe any claims or lawsuits against your firm in the last 5 years that may impede your ability to provide services.

Section 9. Adequate Insurance (Pass/Fail)

Provide proof of insurance as evidence of the insurance currently in place for your firm. Include information on compliance with all insurance conditions as required by the County for this

Project. See Exhibit D.

Section 10. Proof of Residency for Bidding Pass/Fail

In accordance with ORS 279A.120, preference will be given to firm that demonstrates proof of

Oregon residency. “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a

“resident bidder” under this paragraph.

EVALUATION CRITERIA SCORE

Section 1 – Introductory Letter & Proof of Licensure (Pass/Fail)

Section 2 – Key Personnel Qualifications 20

Section 3 – Experience with Similar Projects 20

Section 4 – Budget 10

Section 5 – Work Samples 30

Section 6 – References 10

Section 7 – Client List (Pass/Fail)

Section 8 – Claim History (Pass/Fail)

Section 9 – Adequate Insurance (Pass/Fail)

Section 10 – Resident Bidder (Pass/Fail)

TOTAL POINTS POSSIBLE 90

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D. Response evaluation process

Benton County will utilize the adopted criteria to score and rank candidates from the information provided in the responses as well as information solicited in interviews with references and others.

Each criterion has been assigned a weight between 0 and 2o points. Each member of the

Selection Review Committee will rate each firm in each criterion between 0 and the maximum valued score. The Selection Review Committee members will then total the scores from all of the criteria to obtain the total score. The result of this total score will be used to rank all

Respondents.

After all of the response evaluations are completed, the Selection Review Committee will select the lobbyist firm by ranking the respondents based on all information received, presented, and found. After the competitive proposals have been established and the ranking places the top 3 candidates, reference checks and qualifications for stated work will be conducted. If through the process of verifying references and eligibility, a candidate is eliminated from the top candidate lists, then the next qualified applicant may be included in the group. Responses to this RFP not meeting all evaluation criteria will not be considered for review.

E. Financial Responsibility

Benton County reserves the right to investigate and evaluate, at any time prior to award and execution of the contract, the submitting firm’s financial responsibility to perform the anticipated contract. Submission of a signed Response shall constitute approval for the County to obtain any credit report information deemed necessary to conduct the evaluation. The County shall notify the firms, in writing, of any other documentation required, which may include, but need not be limited to: recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity and credit information; etc. Failure to promptly provide this information shall result in rejection of the submission.

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SECTION IV. - PROCESS & TIMELINES

The following process and timelines are established for responses to the Request for

Proposal (RFP) from lobbyist firms with established experience interested in providing services for Benton County. The selection process consists of the following steps summarized below:

A. Lobbyist Services Contract Award.

The County will award a Goods and Services contract to the best qualified bidder from the

RFP process.

B. Anticipated Procurement Timeline

The County anticipates the following general timeline for receiving and evaluating responses and inviting qualified firms to bid on the Project. The timeline listed below may be changed if it is in the County’s best interest to do so.

Proposal Milestones

Provide Bid Documents to Contractors Wednesday, October 25th, 2023

Last day for Questions Wednesday, November 01st, 2023 - 5:00 p.m.

Last Day for Addendum 1 Release (if applicable) Thursday, November 02nd, 2023

Bid Due Date Wednesday, November 15th, 2023 - 4:00 p.m.

Notice of Intent to Award Wednesday, November 22nd, 2023

County Contract Award TBD

Notice of Award TBD

C. Changes to the Solicitation by Addenda

The County reserves the right to make changes to the RFP by written addendum, which shall be issued to all prospective respondents known to the County to have received the solicitation document and included in the documents on the RFP Website at https://www.co.benton.or.us/rfps.

A prospective respondent may request a change in the RFP by submitting a written request to

Benton County Financial Services. The request must specify the provisions of the RFP in question, and contain and explanation for the requested change. All request for changes or additional information must be submitted to the County no later than the date set in the RFP schedule.

The County will evaluate any request submitted but reserves the right to determine whether to accept the requested change. If in the County’s opinion, additional information or interpretation is necessary; such information will be supplied in the form of an Addendum as stated above.

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Any addenda shall have the same binding effect as though contained in the main body of the RFP. Oral instructions or information concerning the scope of work of the project given out by County managers, employees, or agents to the prospective respondents shall not bind the

County.

1. All addenda, clarification, and interpretations will be posted on the Benton County website at https://www.co.benton.or.us/rfps. Respondents known by the County to have received a complete set of the response documents will receive notification when additional items are posted.

2. No addenda will be issued later than the date set in the RFP Timeline, except an addendum, if necessary, postponing the date for receipt of responses, withdrawing the solicitation, modifying elements of the response resulting from a delayed process, or requesting additional information or clarifications.

3. Each respondent shall ascertain, prior to submitting a response that the respondent has received all Addenda issued, and receipt of each Addendum shall be acknowledged in the appropriate location on each Addendum and included with the response submittal.

D. Solicitation Protests

A protest of any provision in this RFP must be made in writing and directed to the Chief

Financial Officer at the address listed in the RFP and shall be received no later than the date listed in the RFP Timeline. Any protest must address the requirement, provision or feature of this RFP or its attachments, that the potential respondent believes is ambiguous, unclear, unfair, contrary to law or likely to limit competition. Such submittals will be reviewed upon receipt and will be answered in writing. No such protests or requests will be considered if received after the deadline. No oral, telegraphic, telephone protests or requests will be accepted.

E. Cost of Preparation of Response

Costs incurred by any respondent in preparation of a response to this RFP shall be the responsibility of the respondent.

F. Cancellation and Late Responses

The County reserves the right to cancel this RFP solicitation at any time before issuance of a resulting Invitation to Bid if cancellation is deemed to be in the County’s best interest. In no event shall the County have any liability for the cancellation of award.

All Solicitation Responses that are not received by the deadline stated in the RFP timeline will be considered late. Delays due to mail and/or delivery handling, including, but not limited to delays within County’s internal distribution systems, do not excuse the respondent’s responsibility for submitting the solicitation response to the correct location by the stated deadline.

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G. Conditions of Submittal

By the act of submitting a response to this RFP, the respondent certifies that:

1. The respondent and each person signing on behalf of any respondent certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no elected official, officer, employee, or person, whose salary is payable in whole or in part by the County, has a direct or indirect financial interest in the response, or in the services to which it relates, or in any of the profits thereof other than as fully described in the respondent's response to this solicitation.

2. The respondent has examined all parts of the RFP, including all requirements and contract terms and conditions thereof, and, if its response is accepted, the respondent shall accept the contract documents thereto unless substantive changes are made in same without the approval of the respondent.

3. The respondent, if an individual, is of lawful age; is the only one interested in this response; and that no person, firm, or corporation, other than that named, has any interest in the response, or in the proposed contract.

4. The respondent has examined the scope of services and conditions thoroughly and can provide the appropriate insurance, deposits, and bonds.

5. The respondent will comply fully with the specifications for the work requested in this

RFP.

6. The respondent can meet any and all registration and certification requirements as set forth and required in the Oregon Revised Statutes and this RFP.

H. Joint Responses

If respondent is a partnership or joint venture, information must be provided for each partner or joint ventures, and each partner or joint ventures must sign the response and any contracts on behalf of both itself and the respondent, and each will be jointly and severally liable. In the case of a legal partnership or joint venture, a written Memorandum of

Understanding between the parties must be submitted with the response setting forth the business and service delivery agreements between the parties.

L. Respondent Request Interpretation of RFP Documents

1. Respondents shall promptly notify the County of any ambiguity, inconsistency or error, which they may discover upon examination of the response documents.

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2. Respondents requiring clarification or interpretation of the response documents shall make a written request for same to the County Contact Persons at the submittal location listed above.

3. The County shall make interpretations, corrections, or changes of the response documents in writing by published Addenda. Interpretations, corrections, or changes of the Response

Documents made in any other manner will not be binding, and Respondents shall not rely upon such interpretations, corrections, and changes.

4. Should any doubt or difference of opinion arise between the County and a Respondent as to the items to be furnished hereunder or the interpretation of the provisions of this solicitation, the decision of the County shall be final and binding upon all parties.

5. The County may to the maximum extent allowed by law, waive bid irregularities or strict compliance with any requirement herein if it concludes such action to be in its best interest.

M. Respondent Request for Additional Information

Requests for information regarding County services, programs, or personnel, or any other information shall be submitted in writing directly to the Contact Persons at the address in this document. All requests for additional information shall be submitted in writing. Answers shall be provided to all respondents of record on the date that answers are available.

N. County to Request Clarification and Additional Research

1. The County reserves the right to obtain clarification of any point in a response or to obtain additional information necessary to properly evaluate a particular response. Failure of a respondent to respond to such a request for additional information or clarification could result in a finding that the respondent is non-responsive and consequent rejection of the response.

2. The County may obtain information from any legal source for clarification of any response or for information on any respondent. The County need not inform the respondent of any intent to perform additional research in this respect or of any information thereby received.

3. The County may perform, at its sole option, investigations of the responsible respondent.

Information may include, but shall not necessarily be limited to credit history, recent financial statements, current litigation, bonding capacity and related history, and contacting references. All such documents, if requested by the County, become part of the public records and may be disclosed accordingly.

4. The County reserves the right to investigate references including customers other than those listed in the respondent’s submission. Investigation may include past performance

P a g e | 16 with respect to its successful performance of similar work, conformance to the County’s budget, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment to employees and workers or other criteria as determined by the County.

O. Rejection of Responses

The County reserves the right to reject any or all responses received as a result of this request.

Responses may be rejected for one or more of the following reasons, including but not limited to:

1. Failure of the respondent to adhere to one or more of the provisions established in this

RFP.

2. Failure of the Respondent to submit a response in the format specified herein.

3. Failure of the Respondent to submit a response within the time requirements established herein.

4. Failure of the Respondent to adhere to ethical and professional standards before, during, or following the response process.

The County may reject any response not in compliance with all prescribed public procurement procedures and requirements, and may reject for good cause any or all responses upon a finding of the County that it is in the public interest to do so.

P. Modification or Withdrawal of Response by Respondent

1. A response may not be modified, withdrawn, or canceled by the respondent for 60 (sixty) calendar days following the time and date designated for the receipt of responses.

2. Responses submitted early may be modified or withdrawn only by notice to the County

Contact Persons, at the response submittal location, prior to the time designated for receipt of responses. Such notice shall be in writing over the signature of the respondent.

All such communications shall be so worded as not to reveal the amount of the original response or any other material contents of the original response.

3. Withdrawn responses may be resubmitted up to the time designated for the receipt of

Responses provided that they are then fully in conformance with these Instructions to

Respondents.

Q. Response Ownership

1. All responses submitted become and remain the property of the County and, as such, are considered public information and subject to public disclosure within the context of the

P a g e | 17 federal Freedom of Information Act and Oregon Revised Statutes (ORS) 192.501 and

ORS 192.502, public records exempt from disclosure.

2. Unless certain pages or specific information are specifically marked “proprietary” and qualify as such within the context of the regulations stated in the preceding paragraph, the

County shall make available to any person requesting information through the County's processes for disclosure of public records, any and all information submitted as a result of this solicitation without obtaining permission from any respondent to do so after the

Notice of Intent to award has been released.

R. Affirmative Action

By submitting a Response, the Respondent agrees to comply with the Fair Labor Standard

Act, Title VII of the Civil Rights Act of 1964, Executive Order 11246 (as amended), Fair

Employment Practices, Equal Employment Opportunity Act, Section 503 of the

Rehabilitation Act of 1973, as amended; Vietnam Era Veterans' Readjustment Assistance

Act of 1974; Americans with Disabilities Act; Age Discrimination in Employment Act of

1967 (ADEA); and Oregon Revised Statutes (ORS).

S. Disadvantages, Minority, Women, & Emerging Small Business (DMWESB)

Benton County encourages the participation of Target Businesses. These businesses are defined as Disadvantaged, Minority-Owned, Women-Owned, and Emerging Small

Businesses (DMWESB) certified by the State of Oregon (OMWESB), and businesses certified as Small Disadvantaged Businesses by the Small Business Administration.

Respondents may not discriminate in the award of a subcontract because the subcontractor is a minority, women or emerging small business enterprise (MWESB) certified under

ORS 200.055.

By submitting a response, the respondent specifically certifies, under penalty of perjury, that the respondent has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts.

T. Protests of Award Selection

A respondent may protest the selection of the Award Selection if the respondent claims to have been adversely affected or aggrieved by the selection of a competing respondent.

Respondents may protest only deviations from laws, rules, regulations, or procedures.

Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used in scoring by individual evaluators is not grounds for protest.

The following procedure applies to Respondents who protest the Notice of the Award selection, OAR 137-049-0450(5). All protests must be in writing and physically received by Wednesday, November 29th, 2023, at 5:00 p.m. local time at the Benton County

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Financial Services, Corvallis, Oregon, and no less than seven (7) calendar days from the date of the Notification of Award Selection. Protests shall be addressed to the Contract’s

Manager at the submittal address listed. Protests not filed within the time specified or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based, shall be dismissed.

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SECTION V. - SUBMITTAL INSTRUCTIONS AND CHECKLIST

This Request for Proposal (RFP) must be submitted sealed and marked plainly STATE AND

FEDERAL LOBBYIST SERVICES, and submitted to Gabrielle Dibble or Karen Vaughn, Contract and Procurement Analysts, Benton County Financial Services, 4500 SW Research

Way, Corvallis, Oregon, 97333, by 4:00 p.m. local time on Wednesday, November 15th, 2023. If the respondent submits an RFP via a delivery service (FedEx, UPS, etc.) the required sealed envelope must be enclosed in the delivery service packaging and the Title of the solicitation must be written on the outside delivery service packaging.

Respondents must submit eight (5) copies of their RFP which includes an original. In addition to the hard copy (printed paper) version, respondent shall provide an electronic version of the RFP on a USB drive in non-editable, Adobe format.

Failure to comply with these instructions may result in the rejection of the RFP.

A. RFPs must be submitted on letter-sized (8.5” x 11”) paper. Margins must be at least

½” on all sides. Font size can be no smaller than 11.

B. RFP should be printed double-sided, and prepared in a simple, economical manner, with all pages numbered within each section. The RFP should be prepared succinctly, providing a straightforward, concise description of the Respondent’s ability to meet the requirements of the RFP.

C. The RFP should be separated with section divider pages in the same criterion number order as provided below.

D. Respondent must provide an electronic version of the RFP on a USB drive in non-editable, Adobe format.

All RFPs must include the following submittals to be considered; as described in Section III.

C. Response Requirements and Evaluation Criteria)

Introductory Letter & Proof of

Licensure

Key Personnel Qualifications

Experience with Similar Projects

Scheduling

Budget

Work Samples

References

Client List

Claim History

Adequate Insurance

Non-Collusion and Conflict of

Interest Certification (Exhibit A)

Certification Statement for

Corporations or Independent

Contractors (Exhibit B)

Representations and

Certifications Regarding Debarment, Suspension and Other Responsibility

Matters (Exhibit C)

Certification of Insurance

Requirement (Exhibit D)

References (Exhibit E)

Retainage (Exhibit F) Licensure/Registration

Signed Addenda (if applicable)

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SECTION VI. – DEFINITIONS

DEFINITIONS (as used in these contract documents, except where the context otherwise clearly requires)

COUNTY’S REPRESENTATIVE, PROJECT MANAGER & CONTACT PERSONS means the person or persons designated by the COUNTY to administer this contract and monitor compliance hereunder.

COMPETITIVE RANGE means the selected firms or persons after the County evaluates and scores

Requests for Qualifications based on a list of criteria.

CONTRACT DOCUMENTS means all written documents existing at the time of execution of this contract and setting forth the obligations of the parties, including the Request for Qualifications, Non- Collusion and Conflict of Interest Certification, Certification Statement for Corporation or

Independent Contractor, Respondent Representations and Certification Regarding Debarment, Suspension and Other Responsibility Matters, Certification of Insurance Requirements, References, and other attachments, exhibits, or addenda applicable to the final Contract Documents. In addition, written amendments to the Contract Documents executed by the parties from time to time, and any documents expressly incorporated by reference elsewhere in the Contract Documents enumerated above.

CONTRACTOR, FIRM, OR RESPONDENT means the person or firm that has undertaken to perform the work subject of this contract and by whom or on whose behalf the contract was signed.

DELIVERABLE means the acceptable product or service as identified in the statement of work;

received as requested at the right: time, place, quality, quantity, and price. A deliverable must be measurable to determine that all conditions and acceptable performance are met.

RESPONSIVE RESPONSE means an offer or response that substantially complies in all material respects with all prescribed procurement procedures and applicable solicitation requirements. When used alone, Responsive means having the characteristic of substantially complying in all material respects with applicable solicitation requirements.

REQUEST FOR PROPOSAL (RFP) means the process to evaluate a person or firm’s qualifications prior to inviting the person or firm to submit a Bid or Solicitation Response for a Project or

Purchase.

STATEMENT OF TIME means a period of time, unless stated as a number of County business days, shall include Saturdays, Sundays, and holidays. The word “day” as used in this RFP document, and any resulting contract awarded as a result of this process, shall constitute a calendar day of 24 hours measured from midnight to the next midnight.

SUBSTANTIAL COMPLETION means a stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or use the Work or a portion thereof for its intended use.

WORK means all tasks specified or necessarily implied in these Contract Documents to perform and complete their intended result. The term encompasses all labor, materials, supplies, tools, P a g e | 28 equipment, fuel, administrative and support services, overhead, and other direct and indirect expenses necessary to achieve the result intended by the Contract Documents.

P a g e | 29

EXHIBIT A - NON-COLLUSION AND CONFLICT OF INTEREST

CERTIFICATION

The undersigned hereby proposes and, if selected, agrees to furnish the services described in accordance with this

Request for Proposal, Exhibits, Attachments, and Addenda, if applicable, for the term of the Agreement and certifies that the Respondent is not in any way involved in collusion and has no known apparent conflict of interest in submitting a Response.

Certifications

Non-Collusion The undersigned Respondent hereby certifies that it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, potential Respondent, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other Respondents or potential Respondents, or to secure through any unlawful act an advantage over other Respondents or the County. The fees, prices, and response submitted herein have been arrived at in an entirely independent and lawful manner by the Respondent without consultation with other Respondents or potential

Respondents or foreknowledge of the prices or Responses to be submitted in response to this solicitation by other

Respondents or potential Respondents on the part of the Respondent, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.

Discrimination The undersigned Respondent has not discriminated and will not discriminate against any minority, women or emerging small business enterprise or against a business enterprise that is owned or controlled by or that employs a disabled veteran in obtaining a required subcontract.

Conflict of Interest The undersigned Respondent and each person signing on behalf of the Respondent certifies, and in the case of a sole proprietorship, partnership, or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of the County Board of

Commissioners, officer, employee, or person, whose salary is payable in whole or in part by the County, has a direct or indirect financial interest in the award of this Response, or in the services to which this Response relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein. The undersigned hereby submits this Response to furnish all work, services, systems, materials, and labor as indicated herein and agrees to be bound by the following documents: Request for Qualifications, Addenda, Agreement, Exhibits and Attachments, and associated inclusions and references, specifications, Respondent’s response, mutually agreed clarifications, appropriately priced change orders, exceptions which are acceptable to the County, and all other Respondent’s submittals.

Respondent must disclose any apparent or perceived conflict of interest, including but not limited to, current or past relationships with consultants, contractors, subcontractors, or engineers associated with this Project. Furthermore, Respondent must disclose any current or past relationship as an employee of Benton County. If a perceived conflict may exist, then attach a letter of explanation disclosing the potential conflict or relationship.

Disadvantaged, Minority, Emerging Small Business (DMESB) (check box that applies): Yes No

Signature Block

The Respondent hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

Respondent’s Name Telephone Number

Mailing Address, City, State, Zip Tax Id Number/Social Security Number

Facsimile Number Email Address

Signature Date

P a g e | 30

EXHIBIT B – CERTIFICATION STATEMENT FOR CORPORATION OR

INDEPENDENT CONTRACTOR

A. Contractor is a Corporation, Limited Liability Company, or a Partnership

I certify under penalty of perjury that Contractor is a (check one):

Corporation Limited Liability Company Partnership Nonprofit Corporation authorized to do business in the State of Oregon

Signature: _________________________________

Title: Date

B. Contractor is a Sole Proprietor Working as an Independent Contractor

Contractor certifies under penalty of perjury, that the following statements are true:

1. If Contractor is providing services under this Contract for which registration is required under

ORS Chapter 71 (Architects and Landscape Contractors) or 701 (Lobbyist Contractors), Contractor has registered as required by law.

2. Contractor is free to determine and exercise control over the means and manner of providing the service subject to the right of the County to specify the desired results.

3. Contractor is responsible for obtaining all licenses or certifications necessary to provide services.

4. Contractor is customarily engaged in providing services as an independent business. Contractor is customarily engaged as an independent contractor if at least three of the following statements are true

Note: Check all that apply. You must check at least three to establish that you are an independent contractor.

A. Contractor’s services are primarily carried out at a location that is separate from the

Contractor’s residence or primarily carried out in a specific portion of the residence which is set aside as the location of the business.

B. Contractor bears the risk of loss related to the services provided under this Contract.

C. Contractor provides services to two or more persons within a 12-month period or Contractor routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts for similar services.

D. Contractor makes a significant financial investment in the business.

E. Contractor has the authority to hire additional persons to provide the services and has authority to fire such persons.

Contractor Signature:

__________________________________________Date:_____________________________

P a g e | 31

EXHIBIT C - REPRESENTATIONS AND CERTIFICATION REGARDING

DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

Failure of the Respondent to complete and sign this form may result in the rejection of the submitted offer.

The Respondent will notify County within 30 days of any change in the information provided on this form.

The Respondent certifies to the best of its knowledge and belief that neither it nor any of its principals:

1. Are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from submitting bids or Responses by and federal, state or local entity, department or agency;

2. Have within a five-year period preceding the date of this certification been convicted of fraud or any other criminal offense in connection with obtaining, attempting to obtain, or performing a public

(federal, state, of local) contract embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are presently indicted for or otherwise criminally charged with commission of any of the offenses enumerated in Paragraph 2 of this certification;

4. Have, within a five-year period preceding the date of this certification had a judgment entered against contractor or its principals arising out of the performance of a public or private contract;

5. Have pending in any state or federal court any litigation in which there is a claim against contractor or any of its principals arising out of the performance of a public or private contract; and

1. Have within a five-year period preceding the date of this certification had one or more public contracts

(federal, state, or local) terminated for any reason related to contract performance.

If Respondent is unable to attest to any of the statements in this certification, Respondent shall attach an explanation to their offer. The inability to certify to all of the statements may not necessarily preclude the

Respondent from award of a contract under this procurement.

ATTESTATION:

SIGNATURE OF AUTHORIZED PERSON:

(Notarization is not required)

Signature: Date: ____________________________

Print Name and Title

Contact Person for this Procurement:

Phone: __________________________ Email: _________________________________________

P a g e | 32

EXHIBIT D – CERTIFICATION OF INSURANCE REQUIREMENTS

Contractor shall at all times maintain in force at Contractor’s expense for insurance noted below.

Workers’ Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers’ compensation coverage in accordance with ORS Chapter 656 or CCB (Lobbyist Contractors

Board) for all subject workers. Contractor and all subcontractors of Contractor with one or more employees must have this insurance unless exempt under ORS 656.027. Employer’s Liability Insurance with coverage limits of not less than $1,000,000 must be included. THIS COVERAGE IS REQUIRED.