RFP~1.pdf

STATE OF OREGON

Acting by and through its Department of Administrative Services, State Procurement Services, on behalf of the Office of Economic Analysis, is issuing this Request for Proposals under:

OregonBuys® Bid Number S-10700-00016198 for

OREGON HOUSING NEEDS ANALYSIS

Date of Issue: March 4, 2026

Opening Date and Time: April 3, 2026 at 5:00 PM Pacific Time

Single Point of Contact: Miranda Longs

Address: 1225 Ferry St. SE City, State, Zip: Salem, OR 97301 Phone: 971-349-0200 E-mail: Miranda.longs@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.

1. GENERAL INFORMATION

The State of Oregon (“State”), acting by and through its Department of Administrative Services, State Procurement Services (“SPS”) is issuing this Request for Proposal (“RFP”) on behalf of the Of�ice of Economic Analysis (“OEA” or “Agency”). The purpose of this RFP is to seek proposals from quali�ied entities to prepare comprehensive needs analysis of Oregon’s housing.

Details on the Scope of Services are included in Section 2 of the RFP.

SPS anticipates the award of one (1) Contract resulting from this RFP. The initial term of the Contract is anticipated to be three (3) years, with options to renew.

1.1. 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 Time Pre-Proposal Conference N/A N/A Questions / Requests for Clarification Due March 17, 2026 5:00 PM PT Answers to Questions / Requests for Clarification Issued (approx.) March 23, 2026

RFP Protest Period Ends 7 calendar days prior to RFP Opening Opening (Proposal Due) See RFP cover page Issuance of Notice of Intent to Award (approx.) April 10, 2026

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.2. Single Point of Contact

The Single Point of Contact (“SPC”) for this RFP is identi�ied on the cover page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

1.3. RFP and Attachments

This RFP includes the following attachments that are incorporated:

• Attachment A: Sample Contract o Sample Contract: Exhibit A – Statement of Services o Sample Contract: Exhibit B – Insurance Requirements o Sample Contract: Exhibit C – Independent Contractor Certi�ication o Sample Contract: Exhibit D – Change Order Form

• Attachment B: Proposal Form

• Attachment C: Price Proposal Form

• Attachment D: Certi�ied Disadvantaged Business Outreach Plan

2. BACKGROUND, SCOPE OF SERVICES, SPECIFICATIONS

2.1. Background

In 2023, the Oregon State Legislature enacted House Bill 2001, establishing the Oregon Housing Needs Analysis (“OHNA”). Later, the Oregon State Legislature passed House Bill 2889 (2023), which amended House Bill 2001 (2023). Key points from these bills that are relevant to the services described in this RFP include:

Section 1 from House Bill 2001 (excerpt):

(1) There is established within the Oregon Department of Administrative Services the Oregon Housing Needs Analysis. The purposes of the Oregon Housing Needs Analysis are to further the:

(a) Production of housing to meet the needs of Oregonians at all levels of affordability; and

(b) Production of housing in a way that creates more housing choice by af�irmatively furthering fair housing, as de�ined in ORS 197.290.

(2) The Oregon Housing Needs Analysis consists of three components as follows:

(a) The annual statewide housing analysis under section 2 (1), chapter 13, Oregon Laws 2023 (Enrolled House Bill 2001);

(b) The allocated housing need under section 2 (2), chapter 13, Oregon Laws 2023 (Enrolled House Bill 2001); and

(c) The housing production targets under section 3, chapter 13, Oregon Laws 2023 (Enrolled House Bill 2001).

Section 2 from House Bill 2889 (excerpt):

(1) On an annual basis the Oregon Department of Administrative Services shall conduct a statewide housing analysis. The analysis must be conducted statewide and segmented into regions as determined by the department. The analysis shall estimate factors including, but not limited to:

(a) Projected needed housing units over the next 20 years;

(b) Current housing underproduction;

(c) Housing units needed for people experiencing homelessness; and

(d) Housing units projected to be converted into vacation homes or second homes during the next 20 years.

(2) At the time the department performs the housing analysis under subsection

(1) of this section, the department shall allocate a housing need for each city.

(3) In making an allocation under subsection (2) of this section, the department shall consider:

(a) The forecasted population growth under ORS 195.033 or 195.036;

(b) The forecasted regional job growth;

(c) An equitable statewide distribution of housing for income levels described in sub-section (4) of this section;

(d) The estimates made under subsection (1) of this section;

(e) For cities within Metro, the needed housing projected under ORS 197.303 (2);

and

(f) The purpose of the Oregon Housing Needs Analysis under section 1 (1) of this 2023Act.

(4) In estimating and allocating housing need under this section, the department shall segment need by the following income levels:

(a) Housing affordable to households making less than 30 percent of median family income;

(b) Housing affordable to households making 30 percent or more and less than 60 percent of median family income;

(c) Housing affordable to households making 60 percent or more and less than 80 percent of median family income;

(d) Housing affordable to households making 80 percent or more and less than 120 percent of median family income; and

(e) Housing affordable to households making 120 percent or more of median family income.

2.2. Scope of Services

The successful Proposer shall prepare an OHNA that meets or exceeds the legislative requirements annually, or as requested by Agency, and shall update each OHNA by integrating new datasets as they become available and improve the analysis’ methodology as required to accurately set each year's OHNA targets. Additionally, the successful Proposer shall explain the results of these updated OHNA’s to stakeholders, clearly communicating the �indings and supporting information as requested by Agency.

2.3. Relevant Documents

Document Name Document Location House Bill 2001 (2023) https://olis.oregonlegislature.gov/liz/2023r1/Downloads/MeasureD ocument/HB2001/Enrolled

House Bill 2889 (2023) https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureD ocument/HB2889/Enrolled

Oregon Housing Needs Analysis 2026 Production Targets and Adopted Methodology https://www.oregon.gov/das/oea/Documents/OHNA-2026-Results- Report.pdf

2.4. Minimum Qualifications

To be considered for evaluation, the Proposal must demonstrate how Proposer meets all requirements of this section:

2.4.1. Proposer Requirements

Proposer must have experience conducting at least one (1) previous housing needs analysis within the last ten (10) years. The analysis must have been conducted for a large city, county, or state.

https://olis.oregonlegislature.gov/liz/2023r1/Downloads/MeasureDocument/HB2001/Enrolled https://olis.oregonlegislature.gov/liz/2023r1/Downloads/MeasureDocument/HB2001/Enrolled https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB2889/Enrolled https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB2889/Enrolled https://www.oregon.gov/das/oea/Documents/OHNA-2026-Results-Report.pdf https://www.oregon.gov/das/oea/Documents/OHNA-2026-Results-Report.pdf

2.4.2. Key Person Requirements

• Proposer must have at least one (1) Key Person who has a minimum of �ive (5) years' experience within the last ten (10) years providing consulting services and data analysis related to housing needs for a large city, county, or state.

• Proposer must have at least one (1) Key Person who is able to clarify the OHNA, provide context, explain data, describe �indings, and answer questions in technical and non-technical terms.

2.5. Specifications of Work

Agency anticipates the following tasks and deliverables will be applicable to the work:

2.5.1. Initial Kick-Off Meeting

Hold an initial meeting with Agency, within four (4) weeks of Contract execution, to kick-off the project. The purpose of this meeting is to introduce the teams to each other, review the Statement of Services, discuss contract administration, go over project management and logistics, establish goals, and identify resources.

Anticipated Deliverables:

Successful Proposer shall attend and participate in the initial project kick-off meeting.

2.5.2. Ongoing Project Management

Successful Proposer shall coordinate closely with Agency to manage this project and accomplish the tasks and deliverables effectively and ef�iciently. Successful Proposer shall attend and participate in an annual kick-off meeting with Agency (likely in April) to facilitate that year’s OHNA. Successful Proposer shall provide a project management memo prior to each annual kick-off meeting. The memo shall include a tasks and deliverables management approach that clearly demonstrates the process the successful Proposer will use to ensure the OHNA is delivered on time and shall include any pertinent details surrounding the upcoming OHNA that Agency should take into consideration. Successful Proposer shall keep Agency staff informed of their progress on the tasks and deliverables. Updates shall include information about how the work is progressing, any resource needs (e.g.

data that is needed, meetings to be scheduled, etc.), any roadblocks encountered, and to request assistance, as necessary, to facilitate the work.

Anticipated Deliverables:

• Successful Proposer shall coordinate each annual kick-off meeting (to be held in April) with Agency. The purpose of these meetings is to facilitate the upcoming OHNA.

• Successful Proposer shall provide a project management memo to Agency for review and approval prior to each annual kick-off meeting. The memo shall include a tasks and deliverables management approach that clearly demonstrates the process the successful Proposer will use to ensure the OHNA is delivered on time.

• Successful Proposer shall keep Agency staff informed of their progress on the tasks and deliverables on a regular basis, via written updates (emails). The frequency of these updates shall be detailed in the annual project management memo. Agency and successful Proposer may alter the frequency of these updates by mutual written consent.

2.5.3. Updating the Analysis

The successful Proposer shall update the OHNA annually using information received from Agency during the annual kick-off meeting, along with incorporating newly released data sets into the OHNA model for analysis. Should there be any unexpected data release delays of data required to conduct this analysis, the successful Proposer shall identify alternative databases, aggregated to the needed components as used in the pre-established methodology and obtain Agency’s approval for their use in that year’s OHNA. In the event that suitable alternatives for the data cannot be identi�ied Agency may approve the successful Proposer’s use of the prior year’s data. Successful Proposer shall update the OHNA’s methodology when requested to by Agency.

The annual analysis shall incorporate graphs, data sets, explanations of data sets, and assess factors including but not limited to:

• Income categories o Household size income adjustment o Apartment unit size income adjustment

• Project housing units needed over the next 20 years o Current need o Future need

• Current housing underproduction

• Housing units projected to be converted into vacation home or second homes during the next 20 years

• Annually, successful Proposer shall provide an updated draft OHNA with an executive summary, re�lecting relevant graphs, data sets, and explanations of data sets used. Successful Proposer shall provide draft OHNA to Agency at least a week prior to each annual meeting to allow time for Agency’s review.

• Successful Proposer shall schedule a meeting with Agency, on or before December 15th of each year, to review the draft OHNA and obtain Agency’s input.

2.5.4. Final Annual Report

Successful Proposer shall incorporate appropriate input received from Agency on the draft OHNA and include: all �indings, recommendations, and data used, along with an executive summary written in non-technical language where feasible.

Successful Proposer shall deliver the annual report ensuring that it conforms with digital accessibility requirements that meet, or exceed, Web Content Accessibility Guidelines (“WCAG”) 2.1 (Levels AA), which includes Non-Visual Desktop Access (“NVDA”), keyboard navigation, magni�ication, and speech-to-text capability. Final annual OHNA is due on or before December 30th of each year.

• Annually, successful Proposer shall provide, for Agency’s review and approval, a �inal annual OHNA incorporating appropriate input received on the annual draft OHNA by December 30th of each year.

o Successful Proposer shall deliver report that conforms with digital accessibility requirements that meet, or exceed, WCAG 2.1 (Levels AA), which includes NVDA, keyboard navigation, magni�ication, and speech-to-text capability.

2.5.5. Stakeholder Engagement

At Agency’s request, the successful Proposer’s Key Person, who is able to communicate with stakeholders about the OHNA using both technical and non-technical language, shall be available to engage with stakeholders, the governor’s of�ice, legislators, and other relevant entities to clarify the OHNA, provide context, explain data, describe �indings, and answer questions. Since these discussions are often scheduled on an ad hoc basis, the successful Proposer must be available on demand, with a response time within three (3) business days. These engagements will be conducted via virtual platforms, phone calls, or emails, as determined by Agency. During these interactions, the successful Proposer shall use plain, non-technical language whenever possible and be able to effectively explain technical concepts clearly and understandably to all participants as needed.

Anticipated Deliverables:

As requested by Agency, the successful Proposer’s Key Person, who is able to communicate with stakeholders about the OHNA using both technical and non-technical language, shall participate in a quick meeting with Agency to discuss the engagement request and responses. Key Person shall then respond and engage with the stakeholder(s) within three (3) business days of the request, using the communication method determined by Agency.

2.5.6. Additional Analysis

Occasionally, Agency may request an updated OHNA outside of the regular annual updates. These updates could involve revising speci�ic parts of the analysis or making more comprehensive changes across multiple areas. (For these off-cycle updates, Agency and the successful Proposer shall use the Change Order process speci�ied in the Sample Contract.) Successful Proposer shall work with Agency to complete a Change Order form to identify areas of the OHNA to update, the data to be incorporated, the staff needed to perform the work, the number of hours successful Proposer will need to complete the work, and the due dates for the deliverables. Successful Proposer shall deliver an off-cycle report that conforms with digital accessibility requirements that meet, or exceed, WCAG 2.1 (Levels AA), which includes NVDA, keyboard navigation, magni�ication, and speech-to-text capability. (The costs associated with a Change Order form will be based on the hourly rates the successful Proposer submitted in its Price Proposal for Key Person’s and staff and incorporated into the Contract’s Statement of Services.)

Anticipated Deliverables:

Upon both parties’ acceptance of a Change Order form, successful Proposer shall perform the work and deliver the deliverables as set forth in the form.

3. SOLICITATION PROCESS

3.1. Posting of the RFP, Amendments, or other Communications

SPS will post the RFP and all documents or other communication on OregonBuys®.

Documents will not be mailed or emailed to prospective Proposers. As a courtesy, SPS may post the RFP and other documents or notices on other websites, but OregonBuys® is the of�icial place for all information related to this RFP. (For notes on OregonBuys®, see Section 5 below.)

Modi�ications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys® only. 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.

3.2. Pre-Proposal Conference

A Pre-Proposal Conference will not be held for this RFP.

3.3. Questions

Persons interested in the RFP may submit written questions or requests for clari�ication via OregonBuys® or an email to the SPC. These must be received on or before the due date and time for Questions/Requests for Clari�ication identi�ied in the Schedule (see Section 1.1. above). SPS will answer the questions as soon as possible. All questions must:

• Reference the OregonBuys® bid number and RFP title.

• Identify Proposer’s name and contact information.

• Refer to the speci�ic area of the RFP being questioned or clari�ied (i.e. page, section and paragraph number).

3.4. Protests of the RFP or Amendments

3.4.1. Protest of the RFP

Prospective Proposer may submit a written protest of anything contained in this RFP, including , the RFP process, Scope of Services, and the Sample Contract. Any protest of the RFP must be received on or before the due date and time set forth in the Schedule (see Section 1.1. above). This is prospective Proposer’s only opportunity to protest any provision of the entire RFP.

3.4.2. Protest of an Amendment

Prospective Proposer may submit a written protest of an RFP Amendment.

Protest(s) of an Amendment, if issued, must be received on or before 5:00 pm Paci�ic Time on the second Business Day following the issuance of the Amendment, unless otherwise set forth in the Amendment.

3.4.3. Requirements to Submit a Protest

Protest(s) must be sent to the SPC via email within the time frames set forth above. A protest must:

• Reference the OregonBuys® bid number and RFP title,

• Identify Proposer’s name and contact information,

• Be sent by an authorized representative of the Proposer,

• Specify the grounds for the protest, including:

o Grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally �lawed, or improperly speci�ies a brand name, and o Evidence or documentation that supports the grounds on which the protest is based.

• State the proposed changes to the RFP provisions or other relief sought.

SPS will address all protests within a reasonable time and will issue a written decision to the respective Proposer. Protests that do not include the required information may not be considered by SPS.

3.5. Proposal Requirements

The Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. A Proposal that merely offers to provide the Supplies or Services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposer must submit one copy of the following required documents electronically through OregonBuys® (see the process for electronic submission at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Forma l%20Solicitation%20Response.pdf).

The following required documents together comprise Proposer’s “Proposal”:

• Attachment B, Proposal Form: Proposer shall complete and submit one copy of Attachment B, bearing the Proposer’s authorized representative’s Signature.

Proposer should not reference or incorporate links to websites or online documents in its responses, as they will not be accessed or viewed during the evaluation process.

Attachment B’s additional documents:

o Project Plan o Resumes

• Attachment C, Price Proposal Form: Proposer shall submit one copy of Attachment C, as a separate electronic response �ile.

• Attachment D, Certi�ied Disadvantaged Business Outreach Plan: (If applicable)

*If Proposer believes any of the information in either Attachment B or C is exempt from disclosure under the Oregon Public Records Laws, Proposer must submit a redacted copy of the applicable Attachment(s), in addition to an unredacted copy of the Attachment(s), and Proposer must also detail the applicable exemption in a written statement submitted along with the redacted copy.

All Proposals must be submitted on or before the Opening (see RFP cover page). LATE

PROPOSALS WILL NOT BE ACCEPTED OR EVALUATED.

3.6. Opening

There will be no public opening of Proposals. SPS will post the names of all Proposers on OregonBuys® within three Business Days after Opening, but no other information https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf will be available. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630.

3.7. Rejection of Proposals

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

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer makes any contact regarding this RFP with State representatives such as

State employees or of�icials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to in�luence a member of the evaluation committee.

• Proposal is conditioned on SPS’ 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).

3.8. Proposal Evaluation

3.8.1. Responsiveness Determination

Responsiveness includes a determination that a Proposal substantially complies with the RFP and all prescribed procurement procedures and requirements.

SPS will conduct an initial Responsiveness check of all Proposals submitted prior to the Opening to determine if Proposer has submitted all required documents and information ad meets the Minimum Quali�ications set forth in Section 2.4. SPS will continue its review throughout the evaluation process to determine if the Proposal is Responsive to all RFP requirements. If the Proposal is unclear, the SPC may request clari�ication from Proposer. However, clari�ications may not be used to rehabilitate a non-Responsive proposal. If the SPC �inds the Proposal non- Responsive at any time during the evaluation process, the Proposal may be rejected; however, SPS may waive mistakes in accordance with OAR 125-247- 0470.

3.8.2. Responsibility Determination

Prior to award of a Contract with any Proposer, SPS must determine whether a Proposer is Responsible based upon the information set forth in Attachment B – Proposal Form. SPS may reject a Proposer found to be not Responsible, any time prior to award.

3.8.3. Evaluation Process

Each Proposal meeting the initial Responsiveness check will be independently evaluated by members of an evaluation committee. Evaluation committee members may change, and SPS may have additional or fewer evaluators during additional rounds of competition, if any.

Evaluators will assign a score for each ‘Evaluation Criterion’ listed in Section 3.8.4.

‘Score and Point Calculation’ based upon the value and explanations list below;

except that the Price Proposal will be scored as described in Section 3.8.5. ‘Price Evaluation’.

Evaluators will score each Evaluation Criterion using a percentage value as explained below:

SCORE EXPLANATION

90%-100%

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.

75%-89% 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.

50%-74% 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.

11%-49% FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

0%-10% 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.

During evaluations the SPC may request further clari�ication if a Proposal is unclear to assist the evaluation committee in gaining additional understanding of a Proposal. A response to a clari�ication request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

SPS, at its option, may hold one or more evaluation committee meetings, including a �inal evaluation committee meeting to review scores. Evaluation committee members may change their scores up to the time that SPS requests �inal scores. If an evaluation committee member elects to change its independent score the member changing their score must line out the original score, initial and date the change. The member may also include the reason for the change on their scoring sheet, or not.

3.8.4. Score and Point Calculation: The points available for each evaluation criterion are listed in the table below.

Evaluation Criterion Available Points Proposer’s Experience and Team 35

Project Plan 40 Price Proposal 25

TOTAL POINTS 100

Using the scores received from each evaluator the points awarded for each criterion will then be calculated as described in the example below.

EXAMPLE:

For evaluation criteria worth 35 Points, Proposer A receives the following scores:

100% from evaluator #1 (35 x 100% = 35 points) 90% from evaluator #2 (35 x 90% = 31.5 points) 95% from evaluator #3 (35 x 95% = 33.25 points)

The SPC will average the scores for each evaluation criteria (calculated by totaling the points awarded by each evaluator for that category and dividing by the number of evaluators).

EXAMPLE:

35 + 31.5 + 33.25 = 99.75 points / 3 = 33.25 out of 35 points.

Proposer A received 33.25 out 35 Points for this evaluation criterion.

3.8.5. Price Evaluation

The SPC will conduct the price evaluation. The SPC will award a score to each Price Proposal (Attachment C) based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

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

3.9. Additional Rounds

SPS may determine an apparent successful Proposer(s) at the end of Round 1 with no additional rounds of competition. However, SPS may, at its option, conduct additional round(s) of evaluation, if SPS believes additional rounds of competition may be in the best interest of the State.

If SPS elects to conduct additional rounds of evaluation, SPS will issue a Notice of Competitive Range based upon a natural break in the scoring. SPS will send notice to all Proposers to be included in the additional round with instructions and next steps.

If a Proposer is excluded from an additional round, the Proposer may submit a written protest of its exclusion to the SPC within seven (7) calendar days of the issuance of the Notice of Competitive Range. The protest must be emailed to the SPC, and the protest must include: (i) the OregonBuys® Bid Number, (ii) identify the Proposer (including the Proposer’s name and contact information), and (iii) state the reason for the protest. SPS will address all protests within a reasonable time and will issue a written decision to the respective Proposer. Protests that do not include the required information may not be considered by SPS.

3.10. Ranking and Award

SPS will determine the score from each Proposer’s Proposal by averaging the scores for each Proposer in a given round of competition. SPS will calculate the score by totaling the points awarded by each evaluation committee member and dividing by the number of evaluation committee members. SPS will rank the Proposers from highest to lowest based upon the score. If SPS conducts two or more rounds, SPS will add points from all rounds to determine a Proposer’s �inal ranking.

SPS, if it awards a Contract, will award a Contract to the highest-ranking Responsive and Responsible Proposer. SPS may award less than the full Scope of Services described in this RFP.

SPS will issue a Notice of Intent to Award a Contract to the selected Proposer, subject to successful negotiation of any negotiable provisions.

3.11. Protest of the Award

An “Affected Proposer” may protest the Intent to Award. A Proposer is an Affected Proposer only if the Proposer would be eligible for a Contract award in the event the protest was successful and is protesting for one or more of the following reasons as speci�ied in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

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

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

• SPS’ evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

The protest must be emailed to the SPC within seven (7) calendar days of the Notice of Intent to Award, and the protest must:

• Reference the OregonBuys® Bid Number,

• Identify the Proposer (including the Proposer’s name and contact information),

• Be signed by an authorized representative of Proposer, and

• Specify the grounds for the protest.

SPS will address all protests within a reasonable time and will issue a written decision to the respective Proposer. Protests that do not include the required information may not be considered by SPS.

4. CONTRACT NEGOTIATION AND ADDITIONAL SUBMITTALS

4.1. Contract Negotiation

After issuance of the Notice of Intent to Award, SPS will enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to the terms and conditions of the Sample Contract (Attachment A), except for the provisions that SPS has identi�ied as negotiable.

SPS is willing to negotiate only the following terms in the Sample Contract:

• Statement of Services

• Change Order process

• Term

• Indemni�ication and Limitation of Liability

• Required Insurance Limits

BE ADVISED: SPS is not required to make any changes to the Sample Contract and many provisions cannot be changed. Proposer is also cautioned that the State of Oregon believes modi�ications to the standard provisions constitute increased risk and increased cost to the State. All modi�ications to the Sample Contract are subject to review and approval by the Oregon Department of Justice.

In the event that the parties have not reached mutually agreeable terms within 14 calendar days after the beginning of negotiations with an apparent successful Proposer, SPS may extend or terminate negotiations with that Proposer. If SPS terminates negotiations, SPS will revoke the Notice of Intent to Award to that Proposer and issue a new Notice of Intent to Award to the second highest-ranking Proposer and begin the negotiation process again.

4.2. Additional Submissions from Successful Proposer(s)

A Proposer that is selected for a Contract award under this RFP must submit the following:

• Proposer’s tax identi�ication number and backup withholding status on a completed W-9.

• Pay Equity Certi�icate, if Proposer employs 50 or more full-time workers and the value of the Contract exceeds $500,000.00, Proposer shall, if applicable, submit to SPS a true and correct copy of an unexpired Pay Equity Compliance Certi�icate, issued to Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the certi�icate, visit:

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

• Nondiscrimination in Employment Certi�ication: Proposer must certify that Proposer 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.

5. OREGONBUYS®

OregonBuys® is the State of Oregon’s electronic procurement system and all Proposers must be registered in OregonBuys® to do business with the State. Registration is free. To create a Proposer account, click the blue “Supplier Registration” button in the top right corner of the OregonBuys® website: https://oregonbuys.gov/bso.

PROPOSER IS SOLELY RESPONSIBLE FOR ENSURING ITS PROPOSER INFORMATION IS

CURRENT AND CORRECT IN OREGONBUYS®. SPS WILL ACCEPT NO RESPONSIBILITY

FOR MISSING OR INCORRECT PROPOSER INFORMATION.

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx https://oregonbuys.gov/bso

OregonBuys® Assistance: Parties needing assistance with OregonBuys® (this includes registration) may contact the OregonBuys® Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@das.oregon.gov.

6. LEGAL CONCERNS

6.1. Choice of Law

This RFP is subject to the laws of the State of Oregon, including the Public Contracting Code, found at ORS 279A and 279B and the DAS Model Contracting Rules, found at OAR 125-246 and 125-247. 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. Procurement Authority

SPS has authority to issue this RFP under ORS 279A.050 and OAR 125-246-0170(3).

6.3. Procurement Method

SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. SPS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

6.4. Definitions

De�initions for the terms used in this RFP and its attachments are found in the RFP, DAS Model Contracting Rules found at OAR 125-246-0110, or as de�ined below, if any.

Terminology speci�ic to the OregonBuys® system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf.

6.5. Ownership/Permission to Use Materials

Proposals submitted in response to this RFP become the property of the State.

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 documents solely for the purpose of evaluating the Proposal, awarding a Contract, or as otherwise needed to administer the solicitation process, and to ful�ill obligations under Oregon Public Records Laws. Proposals, including supporting materials, will not be returned to Proposer.

6.6. No Liability for Transmission Issues

Proposer is solely responsible for ensuring its Proposal is received by SPS in accordance with the RFP requirements before Opening. SPS is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. Per OAR 125-247-0330(6) in the event of a failure of an E-Procurement System that interferes with the ability of a Person to submit Electronic https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf

Offers, to protest or to otherwise participate in the procurement, SPS may cancel the procurement or may extend the date and time of receipt of Electronic Offers by providing notice of the extension immediately after the E-Procurement System becomes available.

6.7. Electronic Signatures

By submitting a response to the RFP, Proposer agrees with SPS that signatures and other forms of authorized representative certi�ication, showing on documents submitted via OregonBuys® or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

6.8. Cost of Submitting a Proposal

Proposer must pay all costs of proposing including, but not limited to, the cost to prepare and submit Proposal, samples and other supporting materials, or to participate in demonstrations, if required by this RFP.

6.9. Proposal Modification or Withdrawal

If a Proposer wishes to make modi�ications to a submitted Proposal, the Proposer must withdraw its Proposal and submit its modi�ication. To be effective the modi�ication must include the OregonBuys® bid number and be submitted to the SPC prior to Opening.

Proposer must include an explanation of the modi�ications that includes a statement that the amendment or modi�ication amends and supersedes the previously submitted Proposal. The explanation must reference the RFP and affected section or sections. The modi�ied Proposal may consist of only the section or sections modi�ied or the entire proposal if the modi�ications are extensive.

It is the responsibility of the Proposer to ensure that a modi�ied Proposal is submitted before the due date and time identi�ied in Section 1.1. All modi�ications made to a Proposal before the due date and time must be made in writing and must be properly signed by Proposer’s authorized representative.

If a Proposer wishes to withdraw a submitted Proposal, Proposer 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.

6.10. Cancelation and/or Rejection of Proposals; Damages

Pursuant to ORS 279B.100, SPS may reject any or all Proposals in whole or in part and may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State. SPS, the State, and their of�icers, employees and agents are not liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this RFP, or rejection of any or all Proposals.

6.11. Oregon Public Records

All submittals are public records and subject to public inspection after SPS issues the Notice of Intent to Award pursuant to Oregon Public Records Laws (ORS 192.311 through 192.478). Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure. If Proposer believes any of its

Proposal is exempt from disclosure under Oregon Public Records Law, Proposer shall mark all such information as “Con�idential” and submit a fully redacted copy of the Proposal. Proposer also must detail in its submittal the applicable exemption.

6.12. Commitment to Fair Access

The State of Oregon is committed to taking steps towards promoting fair and accessible procurement processes for all small and resource limited businesses by reducing obstacles and negative impacts. SPS encourages all businesses to submit Proposals for this contracting opportunity.

6.13. Certified Firm Participation

Pursuant to Oregon Revised Statute (ORS) Chapter 200, SPS encourages the participation of small businesses, certi�ied by Oregon’s Certi�ication Of�ice for Business Inclusion and Diversity (COBID) in all contracting opportunities. This includes certi�ied small businesses in the following categories: disadvantaged business enterprise, minority business enterprise, woman business enterprise, veteran business enterprise, or an emerging small business. SPS also encourages joint ventures or subcontracting with certi�ied small business enterprises.

6.14. Recycled Products

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270- 279B.280)