RFP~2.pdf

OregonBuys # 635000-00007108 ODFW Tracking #: 635-033-23

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Intermediate Procurement Request for Proposals (RFP) under OregonBuys # S-63500-00007108 for

MARINE HEALTH FACILITATOR

Date of Issue: June 2, 2023

Proposal Due Date: Thursday June 15, 2023

Single Point of Contact (SPC): Kathy Blehm Procurement and Contracts Spec II, OPBC

Address: 4034 Fairview Industrial Drive SE

City, State, Zip Salem, OR, 97302

Phone (voice) 503-947-6169

E-mail: kathy.m.blehm@odfw.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.

mailto:kathy.m.blehm@odfw.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER OR REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFER CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 PRICE EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFER NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

5.8 PRINTING, BINDING, AND STATIONERY WORK

5.9 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Fish and Wildlife, (“Agency”), is issuing this Intermediate Procurement to hire a Marine Health Facilitator

Additional details on the Scope of the services or both are included in the Scope of Work section.

The anticipated start date for this project is June 15, 2023, and will end September 30, 2024

Agency anticipates the award of one Contract from this solicitation. SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation.

Event Date Time

Questions / Requests for Clarification Due June 06, 2023 3:00 PM

Opening (offer Due) June 15, 2023 3:00 PM

Tentative Issuance of Notice of Award June 15, 2023

Date Services Begin June 20, 2023

1.2 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.AUTHORITY, OVERVIEW, AND SCOPE

1.3 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

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1.3.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

1.3.2 Project Specific Definitions

Reserved

1.4 OVERVIEW AND PURPOSE

This project will bring together a multidisciplinary, cross-sectoral network of experts and stakeholders to form the Eastern Pacific Marine One Health Coalition (EPMOHC), dedicated to a coordinated approach, spanning different institutions and jurisdictions, to address complex challenges affecting marine ecosystem health that no one entity can tackle alone. EPMOHC will provide a platform to mobilize expertise and resources and collectively unleash innovative approaches that will have direct bearing on the management of protected species in marine ecosystems and the health and livelihoods of coastal communities.

This coalition will be convened for a series of workshops during which members will form small working groups to strengthen existing capacities for health monitoring, zoonotic disease surveillance, response, and management in marine environments in the Eastern Pacific by:

• identifying shared goals and needs;

• sharing knowledge and resources;

• developing a framework through which to share data and integrate long-term datasets on marine mammal health and oceanographic conditions;

• sharing data and archived marine mammal samples to reach common goals around health monitoring and research;

• identifying funding opportunities and forming working groups to pursue them; and sharing analytical approaches to apply to these large, integrated datasets to understand complex interactions, including oceanographic and anthropogenic factors, influencing infectious disease in the marine ecosystem.

1.5 SCOPE OF WORK/SPECIFICATIONS

The contractor will engage and assist with building partnerships with a broad array of different stakeholders from state and federal government agencies, non-profit organizations, and universities working on marine mammal ecosystem health issues; conduct assessment of needs and priorities for integrating and visualizing marine mammal health data to better understand threats in relation to anthropogenic disturbances and climate change; provide guidance and implement strategic direction on approach to developing conceptual model for integration of marine mammal data, including specimen information into the Marine Mammal Health Monitoring and Analysis Platform (Health MAP), identifying specifications for meeting marine mammal stranding national reporting requirements under NOAA, and process for sharing data with WHISPers; and facilitating coordination with other regional and national marine mammal data integration initiatives.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

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TASKS:

Contractor will:

1. Assist with building partnerships with stakeholders across multiple sectors who are dedicated to working together on issues related to marine ecosystem health.

2. Assist with conducting needs and priorities assessments of stakeholders related to marine mammal data management, integration, sharing, and visualization; analyzing data; and drafting report with results.

3. Assist with developing conceptual model for integrating marine mammal health data into Health MAP that aligns with national marine mammal stranding data reporting requirements and is informed by on-going regional and national marine mammal data initiatives.

4. Assist with identifying the process for sharing marine mammal data with the USGS national WHISPers system for national disease surveillance.

ODFW will:

1. Collaborate with the contractor on activities undertaken for objective 2 of the project including weekly meetings for project implementation.

DELIVERABLES AND SCHEDULE:

With assistance from project team, contractor will deliver report on stakeholder needs/priorities assessment related to marine mammal health data management, integration, sharing, and visualization to ODFW no later than September 30, 2024.

With assistance from project team, contractor will deliver conceptual model for integrating marine health data into Health MAP that aligns with national marine mammal stranding data reporting requirements and is informed by on-going regional and national marine mammal data initiatives.

PAYMENT METHOLODOGY

Hourly rate Monthly invoicing

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OregonBuys e-procurement system

SECTION 2: PROCUREMENT REQUIREMENTS AND EVALUATION

2.1 MINIMUM OFFER REQUIREMENTS

There will be no minimum Qualifications for this RFP

2.2 MINIMUM SUBMISSION REQUIREMENTS

2.2.1 Proposal Submission

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

• Executive Summary

• Administrative Proposal

• Technical Proposal

• Offeror Information and Certification Sheet (Attachment C)

• Score Proposal Components Form (Attachment H)

• Price Proposal and Mandatories Certification Form (Attachment E)

• Reference Check (Attachment D)

• Certified Disadvantage Business Outreach Plan (Attachment F)

• Key Persons and Resumes

• Work Samples/Relevant Experience

• Other Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information.

2.2.2 Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

2.3 PROCUREMENT PROCESS

2.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

https://oregonbuys.gov/bso

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2.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline, or method of award, or to the intent or technical aspects of the solicitation must:

• Be emailed to the SPC

• Reference the OregonBuys bid number.

• Identify Offeror’s name and contact information.

• Be sent by an authorized representative.

• Refer to the specific area of the solicitation being questioned (i.e., page, section, and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule.

2.3.3 Pre-Offer Conference

A pre-submittal conference will not be held for this solicitation.

2.3.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

2.3.4.1 Submission Options

The Proposal must be addressed as indicated below. Proposers are solely responsible for the means of Proposal delivery. Proposers are encouraged to confirm delivery with the contact person prior to Proposal due date.

Proposals must be received no later than the Proposal due date and time specified.

LATE PROPOSALS WILL NOT BE ACCEPTED.

RFP Close: June 15, 2023 3:00 PM

Mail: Proposal Label: OregonBuys# S-63500-00007108 – Marine Health Facilitator Deliver to: Kathy Blehm, OPBC Oregon Department of Fish and Wildlife 4034 Fairview Industrial Drive SE Salem, OR 97302

Email : Email Subject Line: OregonBuys# S-63500-00007108 – Marine Health Facilitator Address: odfw.contractsinbox@odfw.oregon.gov mailto:odfw.contractsinbox@odfw.oregon.gov

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Offer may be submitted electronically through OregonBuys.

3.3.5 Modification or Withdrawal of Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

2.3.6 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

2.3.7 Offer Rejection

Agency may reject an Offer for any of the following reasons:

• Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.

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

• Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• Offeror makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

• Offeror is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment.

2.3.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

However, Agency will record and make available the identity of all Offerors after Opening.

2.4 OFFERS CONTENT REQUIREMENTS

Offeror must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Goods to be provided or the Services to be

pg. 9 performed or both. An Offer that merely offers to provide the goods or services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

2.4.1 Offeror Information and Certification Sheet

The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C).

2.4.2 References

Provide at least three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must verify the quality of previous, related Work.

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

2.4.3 Costs

Submit a detailed Cost Sheet (Attachment E) Option 1: electronically through Oregon Buys

• For each activity described in the Scope of Work, the costs must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs,

• The Cost Sheet must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

2.4.4 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

2.5 EVALUATION PROCESS

2.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content

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Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror.

However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting a offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

2.5.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for optional rounds of competition.

Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available in the Point and Score Calculation section.

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

Proposals shall contain all elements of information requested below. These elements will be evaluated and assigned points as indicated. In responding, use Attachment 3 and 4, as indicated. Provide full, direct, and substantive responses.

2.5.3 Understanding of Requested Services/Project (Use Attachment 3) 20 Points

Write a clear and concise understanding of the project based on existing information.

Address general description of the purpose and key issues. Describe clearly what methodology you would use to collect data, analyze data and present this project.

2.5.4 General Qualifications (Use Attachment 3) 50 Points

Demonstrate capability to complete the requested services. Response must list projects performed within the last five to ten years, most comparable to the requested services.

Include a description of their type, size, and duration. Also, for each project, indicate whether the work was accomplished within the original budget and deadlines, or needed to be revised.

Briefly explain the reason for any revisions. Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee.

Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

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

pg. 11

2.6 COST EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a score to each Cost Sheet based upon the percentage of the proposed cost as compared to the lowest Offeror’s cost using the following formula:

lowest cost of all Offerors

X cost points possible = cost score cost being scored

2.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

2.8 PREFERENCES

2.8.1 Oregon Supplies and Services

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

2.8.2 Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

2.8.3 Tiebreakers

Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

2.9 POINT AND SCORE CALCULATIONS

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

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TOTAL POINTS POSSIBLE: 100

3.5.3 Understanding of Requested Services 20

3.5.4 General Qualifications 50

3.12 COST POINTS POSSIBLE 30

EXAMPLE:

Offeror A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Offeror A’s points for the criterion is 45.

2.10 RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 3: AWARD AND NEGOTIATION

3.1 AWARD NOTIFICATION PROCESS

3.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

3.1.2 Notice of Award

Agency will notify all Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

3.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

3.2.1 Insurance

Prior to execution of the Contract, the apparent successful Offeror shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest-ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit A of Attachment B) prior to offer submission.

3.2.2 Taxpayer Identification Number

The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

http://www.irs.gov/pub/irs-pdf/fw9.pdf

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• When requested by Agency (normally in an intent to award notice), or

• When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

3.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

3.3 CONTRACT NEGOTIATION

3.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency will only negotiate the following provision:

• Term of the contract

• Descriptions of services

• Compensation

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Offeror.

http://www.filinginoregon.com/index.htm

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SECTION 4: ADDITIONAL INFORMATION

4.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=ore gon4biz

If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

4.2 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, 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.

4.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

4.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

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4.5 COST OF SUBMITTING AN OFFER

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

4.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

4.7 RECYCLABLE PRODUCTS

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

(ORS 279B.025)

4.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this solicitation are provided only as a courtesy to prospective Offeror. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Offeror is solely responsible for reviewing and understanding the solicitation and complying with all the requirements of this solicitation, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Offeror based upon, resulting from, or related to, Offeror’s failure to comprehend all requirements of this solicitation.

SECTION 5: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H SCORED COMPONENTS FORMS

ATTACHMENT I FEDERAL DISBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION FORM.

ATTACHMENT J FEDERAL TERMS FOR CONTRACTS

http://www.oregon.gov/DAS