RFP557008Feb2023final.pdf

OregonBuys Bid # S-44300-00005488

STATE OF OREGON

COVER PAGE

OREGON HEALTH AUTHORITY

is issuing this Intermediate Procurement under: S-44300-00005488 for

CASHLESS SYSTEM FOR OREGON STATE HOSPITAL

PATIENTS

Date of Issue: February 08, 2023

Opening Date: March 13, 2023

Single Point of Contact (SPC): Dave Reynolds

Address: 635 Capitol St STE 350 City, State, Zip: Salem, OR 97301 Phone (voice): 503-871-4880 E-mail: David.reynolds@odhsoha.oregon.gov

OregonBuys Bid # S-44300-00005488

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 COST SHEET

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Oregon Health Authority is issuing this Intermediate Procurement for a Cashless System for Oregon State Hospital (OSH) Patients.

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

Agency anticipates the award of one Contract from this solicitation, generally to start on April 01, 2023. The initial term of the Contract is anticipated to be 2 years with options to renew.

1.2 SCHEDULE

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

Event Date Time

Questions / Requests for Clarification Due March 10, 2023 5:00 PM

Demonstration February 22, 2023

9-10 AM

11–12 PM

1–2 PM

3–4 PM

Opening (offer Due) March 13, 2023 5:00 PM

Issuance of Notice of Award (approx.) March 14, 2023

1.3 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.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125- 247-0270.

2.2 DEFINITION OF TERMS

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

2.2.1 General Definitions

“Addendum” Means An addition to, deletion from, a material changes in, or clarification of, the RFP.

Addenda shall be labeled as such, issued by OHA, and shall be made available to prospective Proposers as set forth in this RFP.

“Cashless Payment System” Means eliminating the need to carry cash or process payments at the POS.

“Closing” Means The date and time on or before Proposals must be received at the location identified on the cover page of this RFP to be considered.

“Contract” Means the Contract awarded as a result of this RFP.

“Gift Card” Means A card that is prepaid similar to a debit card that is loaded with a specific amount, which can then be used to make purchases at the OSH the campus store kiosk for food and miscellaneous items.

“OSH” Means Oregon State Hospital.

“POS” Means Point Of Sale.

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

Terminology specific to the OregonBuys system may be found at OregonBuys

2.3 OVERVIEW AND PURPOSE

The Oregon State Hospitals mission is to provide therapeutic, evidence-based, patient-centered treatment focusing on recovery and community reintegration all in a safe environment. Oregon Health Authority is an agency that works to ensure that all Oregonians have the opportunity to pursue prosperity and live free from poverty. To that end, OHA’s mission is, among other things, is helping people and communities achieve optimum physical, mental and social well-being through partnerships, prevention and access to quality affordable health care.

From the standpoint of supporting the independence of patients, there is a need at institutions, such as geriatric healthcare facilities and psychiatric hospitals, to have patients make payment at the campus store kiosk for food and miscellaneous items by themselves, as far as this is possible.

The difficulty of tracking the amount of cash patients have in their possession creates risk for the patients and the hospital. Cash stored above policy limits is contraband and OSH wishes to minimize risk while maintaining patient rights.

In order to overcome these risks, Agency is seeking Proposals for a Cashless system (similar to Gift Cards) that by having patients make payments in hospitals with a prepaid contactless card it is possible to perform the central administration of who paid who, when, where, for what and how much, and to render usage status more visible.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html https://www.oregon.gov/das/ORBuys/Pages/Index.aspx

Agency prefers a system that avoids using any type of banking solution. Agency desires a system that is completely internal and interfaces with our electronic health Record (EHR).

2.4 SCOPE OF WORK/SPECIFICATIONS

The objective of this RFP is to provide The Agency the ability to purchase a System Solution and related Services that meet the Deliverables in this RFP to support Agency requirements and reduce the costs of a complicated procurement process and system on a multi-year basis to qualified Supplier(s) that provide:

(a) Commercially off the shelf (“COTS”) System Solution that is configurable and, if necessary, customizable to meet the Agency’s needs;

(b) Suite of services including, but not limited to:

i. On-line portal and payment processing;

ii. Accounts and transactions;

iii. On-line registration and user management;

iv. Digital forms;

v. Reporting;

vi. Training; and,

vii. Customer support.

(c) Planning and delivery of an implementation and transition plan;

(d) User friendly, intuitive browser and device agnostic system accessible to Patients and others which is easy to learn, easy to use, and supported by an application appropriate self-serve documentation and/or training/tutorial to facilitate self-learning;

(e) Consistent visual conformity for all user interfaces and be fully responsive;

(f) Integration Services with in-house or third-party systems;

(g) Reporting and configuration capabilities; and,

(h) Established common standards and business practices and follow industry standards such as, but not limited to Information Technology Infrastructure Library (“ITIL”) and Project Management Book of Knowledge (“PM-BOK”). Agency is requesting Proposals for a Flexible Cashless Hospital Patient Secure Cafeteria POS System. They system will be controlled via a dashboard by designated staff in the Accounting Office.

2.4.1 Agency desires a system that is tailored towards the exact practices of our Hospital Patients, that includes. On-Cloud Hosting, and as an option Agency will review an On-Prem Hosting solution if available provided all criteria is met.

The Cashless System facilitating payments with a single prepaid contactless card that can be used on a repeated basis. The system must have the ability to confirm usage history on the management server, output detailed statements on a patient basis, rendering the usage history of funds in a more visible manner and have the ability to prevent over-use by setting a daily usage limit.

The system should be offered in a format that can be composed to match the needs of the Agency.

Including, but not limited to; A contactless card and management server, card charger, balance confirmation terminal.

The cashless system which will enable patients to buy goods at OSH stores. Each patient will have a unique profile and will use a card, or some other identifier supplied by the Proposer to purchase items.

Patients will visit the internal storefronts to purchase goods (market, café and coffee shop).

The system should include Online Ordering, ID Badge Scanning, badge creation/printing.

2.4.2 Hospital Cafeteria Online Ordering & Kiosks

Online Ordering for mobile and desktop applications. The ability to receive Automated Deductions, for use in hospital cafeterias. The system offered should be contactless and allow for less face-to-face contact and much quicker service.

2.4.3 Patient Room Service – Mobile Tablet Ordering

The ability to assign patients to rooms for an organized patient meal ordering process. The ability to Set up menus that are specific to the patients’ dietary needs and allow Agency staff to place orders using the system. System must route order to kitchen printers where kitchen staff can note any diet orders for patient meal orders.

The system will be controlled via a dashboard by designated OSH staff in the Accounting Office. The system must be a complete Online Ordering, ID Badge Scanning, and Badge creation/printing management solution including GAAP accounting and financial reporting, accounts receivable, accounts payable, inventory management, patient self-service kiosk, and a sophisticated point of sale application that is integrated with the patients trust fund account. That will integrate with our EHR, or have an upload that could debit charges from accounts, without any interface between the solution and the actual State treasury account. Without new banking relationships.

The point-of-sale application and the Patient self-service kiosk should have advanced features that support thermal receipt printers, electronic signature capture, line item voids, pricing overrides, use of shopping cycles, bar code scanning, Patient item restrictions, spending limit management, sale of spending limit exempt items and non-exempt items within the same sale, and indigent Patient sales.

The system must prevent money-related misunderstandings between patients, their families and hospital staff, via the management of usage histories. And must Significantly reduce the burdens of fund management tasks that hospital staff have so far performed on behalf of Patients.

Have the ability to discontinue use in cases of loss or theft. And the ability to set daily usage limits and/or charge limits.

The system must be hygienic as no cash shall be used. The Card or identifier should also be issued for use as staff cards per section 2.4 (d). The system must also have the capabilities to alter upper fund limits, and including measures to allow for payroll deductions etc.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.1.1 The Supplier’s System Solution shall be based on current and up to date technologies which will remain updated, supported and maintained throughout the Term.

The Supplier’s System Solution shall meet the following requirements including, but not limited to:

(a) Providing the ability to process payments twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days per year via a secure gateway solution;

(b) Providing and maintaining application and business workflows for current and revised workflow processes;

(c) Providing the Services on a Software as a Service (“SaaS”) model;

(d) Integrating with the existing system, other third-party funds accounting software or a Patient/Customer’s financial system;

(e) Providing data validation rules for commonly used fields (e.g. phone numbers, dates, address, email address);

(f) Providing the capability to extend access to other users as desired by the Patient/Customers;

(g) Report generation to be used to prepare a GL transaction that would move the funds from the “trust account” to the accounts for OSH goods and services, but this transaction would be performed by the accounting office at OSH.

(h) Providing flexibility as it relates to the roll out of additional features mutually agreed upon (e.g. number of Patients, the feature may need to be rolled out in a phased manner);

(i) Scalability to incorporate future System Solution expansion; and,

(j) Compatible with the Agency’s technological infrastructure including, but not limited to:

i. TCP/IP network configurations;

ii. Open data base connectivity (“ODBC”);

iii. Microsoft Windows servers;

iv. Microsoft internet information server;

v. Microsoft SQL server;

vi. Microsoft Windows active directory;

vii. Operating system compatibility (e.g. Windows 10 and Mac OS ten point fourteen (10.14) and higher);

viii. Email systems compatibility (e.g. Outlook); and,

ix. Browser compatibility (e.g. Opera version fifty-seven (57) or higher, Edge version forty-two (42) or higher, Safari version eleven point one (11.1) or higher, Chrome version sixty-six (66) or higher, Firefox version fifty-nine (59) or higher) at a minimum.

3.1.2 Account and Transaction Setups

The Supplier’s System Solution shall meet account and transaction requirements including, but not limited to:

(a) Providing data tables that meet reporting requirements as set by the Agency;

(b) Allowing an account to be added or deleted to the data table as per the Patient’s requirements;

(c) Allowing for flexibility to change data tables between accounting years to reflect the Agency’s chart of accounts;

(d) Managing invalid accounts, non-sufficient funds (e.g. non-sufficient funds (“NSF”) payments, and refunds);

(e) Providing the ability to change additional markup costs (e.g. for various events per the Agency’s need);

(f) Providing the ability for the Agency to hide/show break down or total charges to end users;

and,

(g) Providing for options to allow additional fees.

(h) The Supplier shall provide implementation support services including, but not limited to Project initiation and start-up services (e.g. Gap assessment)

3.1.3 On-Line Registration and User Management

The Supplier’s System Solution shall be capable of meeting the registration needs of various Agency Personnel as mutually agreed upon for user access control practices including, but not limited to:

(a) Single sign on feature for Patients/Agency Personnel that have active directory on a cloud platform);

(b) Provision for entering unique user identification number field as provided by the user during registrations and login into the portal;

(c) Provision for entering date of birth field as required by the Agency/System;

(d) Provision for configurable on-line permission forms; and,

(e) Ability to have a role-based access control; such as:

i. Managing user accounts; and,

ii. Super user account.

3.1.4 Reporting and Analytics

3.1.4.1 The Proposed System Solution shall support Agency’s reporting requirements including, but not limited to:

(a) Providing a standard set of reports (e.g. operational reports, board specific, internal and external);

(b) Providing the capability for Agency to configure reports; and,

(c) Providing reports in multiple formats (e.g. pdf, xls, csv).

3.1.4.2 The Proposed System Solution shall provide data analytics that allows review, analysis and reporting (both built-in and Agency defined) on all data components aligned with the Agency’s operational needs, but not limited to:

(a) Providing the ability for analytics to be shared on the parent system;

(b) Providing the ability to integrate data from the System Solution into the Customer’s accounting systems; and

(c) Providing the ability for the Customer to view deposit batch details and drill down for detailed information.

3.1.5 Data Validation

The Supplier’s System Solution shall provide data validation rules for commonly used fields as mutually agreed by the Customer and the Supplier including, but not limited to:

(a) Phone numbers;

(b) Addresses;

(c) Email addresses;

(d) Alpha numeric validation (e.g. date data field should restrict Customer’s users from alphabetical inputs); and,

(e) Ability to designate fields as mandatory or non-mandatory for data entry.

3.1.6 BUSINESS

To be considered for evaluation, Offeror must demonstrate how Offeror meets all of the following business requirements:

o Installation of a similar project within the last 2 years

3.1.7 TECHNICAL

The system must have flexible features like unlimited Patient accounts, charges, deposits, investments, transferring of funds between accounts or facility accounts, check and cash withdrawals, unlimited payee disbursements for court orders, intake, release, release disbursements, and housing changes.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

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.

Offeror shall submit one electronic copy of its Offer. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B), and Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

3.2.2 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.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system 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.

3.3.2 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

3.3.3 Demonstrations of Proposers Work Product see section 3.5.2.4

Proposers are invited to participate in the demonstration process. Not providing a demonstration will result in zero points for that category.

Agency may request additional information prior to the Demonstration. Proposers not providing a demonstration will not be given a score which may jeopardize the firm’s competitiveness. The Proposers will be required to setup and prepare Agency demonstrations. The purpose of this https://oregonbuys.gov/bso https://oregonbuys.gov/bso demonstration is to view an actual installed/running system, and to identify the Agency’s users’ satisfaction with the Proposed product/system/installation/service.

Agency reserves the right to request supplementary information to assure the Agency of the Proposer’s competence, business organization, financial resources, and software solutions are adequate to successfully perform the specified service.

Demonstration of the Proposers Products will be evaluated on the criteria listed below.

Additionally, the Proposer shall submit in its Proposal response project samples for products and services within the last 5 years that are similar to the scope of this RFP.

The Proposer must identify at least one (1) system that is similar to the product/system being proposed on this project. The Proposer will be asked to demonstrate basic system functionality (ex.

customer look-up, credentialing, eligibility calculation, and interface with 3rd party software).

The Proposer will be responsible for scheduling one (1) hour with the end user to perform the demonstrations at the date specified in the schedule of events in Section 1.2. Depending on demand of the demonstration’s agency may add additional time frames for demonstrations.

The end user will be asked to demonstrate the product/system to the evaluation committee.

The Proposer may assist the Agency user during the demonstration if required; however, greater credit/preference will be given to demonstrations that require little interaction from the Proposer.

The Proposer is encouraged to travel to the end user’s site to establish an online, real-time demonstration. Or the Proposer is required to setup a webcam and a microphone at the Proposers site along with a web application that will allow the evaluation committee to view the demonstration (such as WebEx, GoToMeeting, Adobe Connect, etc).

The evaluation committee will log on to view the demonstration and will also ask the Proposer general satisfaction questions about the product/system.

The product demonstration will be scored according to product functionality and ease of use. A maximum of 500 points is possible for the product demonstration. The client must demonstrate all the features or abilities of Proposer’s product.

The State reserves the right to request supplementary information to assure the State of the Proposer’s competence, business organization, financial resources, and software solutions are adequate to successfully perform the specified service. A pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this demonstration is NON-

MANDATORY.

The Demonstrations will be held at ether the Proposer Facility or OHA in Salem Oregon, Proposer must indicate its preference. The conference call in number, link or address will be provided by e-mail.

Statements made at the Product Demonstration are not binding upon OHA.

3.3.4 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.

3.3.4.1 Submission Options

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys.

Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf

The cost sheet must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS

192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

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.

3.3.6 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.

3.3.7 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.

3.3.8 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.

3.4 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 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.

3.4.1 Offeror Information and Certification Sheet

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

3.4.2 References

Provide at least 3 references from current or former client firms for similar projects performed for any clients within the last 2 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.

3.4.3 Contract (Attachment A) Redlines

Proposer must submit redlines to the provisions identified as negotiable in the Sample Contract (Attachment A). Including attached SOW.

3.4.4 Costs

• 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

• For all fully loaded personnel costs, the costs proposed must include the name and title of all positions for each individual staff person who will perform the Work, and list the salary/wage and fringe rate separately for each such individual.

Submit a detailed Cost Sheet (Attachment D) electronically through OregonBuys stating the price for each deliverable and the total price for the entire project. Include a breakdown of all labor, profit and expenses.

3.4.5 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.

3.5 EVALUATION PROCESS

3.5.1 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 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.

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

3.5.2 Evaluation Criteria

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.

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 Offeror provides insight into its expertise, knowledge, and understanding of the subject matter.

60 – 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 – 59%

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 Offeror.

11 – 49%

FAIR – Offeror 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 solicitation. Offeror has not demonstrated knowledge of the subject matter.

3.5.2.1 Evaluation Item 1: Training, Types of Online and Onsite Training, New or existing client training including User and Manager training, additional components of onsite training can also be System Admin, and Level 1 & 2 training, Training for Smooth operations of hardware and software, Quick resolution of issues, identification of issues with trained Agency personnel, Retraining, When Agency personnel has changed, Post implementation of new features, After major systems updates (OS or other products) that will require Proposer to modify solutions. Proposal portal contains FAQS and all the updated training documents for ongoing use, Tips, tricks and workarounds are also documented.

o How well does Proposers training plan meet the agency’s need?

3.5.2.2 Evaluation Item 2 Pricing Attachment D

o Did Proposer offer ongoing maintenance?

o How clear is the Pricing?

o Other Services Offered?

3.5.2.3 Evaluation Item 3 Controlled via a dashboard by designated staff in the Accounting Office o How well does it work?

o How well does meet the provisions in section 2.4?

3.5.2.4 Evaluation Item 4 (Demonstration)

o How well does system meet section 2.4.2 and section 2.4.3 o How close does system come to the minimum requirements in section 3.1?

3.6 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

3.7 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.

3.8 PREFERENCES

3.8.1 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.

3.8.2 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.

3.9 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

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

TOTAL POINTS POSSIBLE 800

3.5.2.1 Evaluation Item 1 100

3.5.2.2 Evaluation item 2 100

3.5.2.3 Evaluation item 3 100

3.5.2.4 Evaluation item 4 (demonstration) 500

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.

3.10 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 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 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.

4.1.2 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.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 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 XX of Attachment A) prior to offer submission.

4.2.2 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:

• 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.

4.2.3 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.

4.3 CONTRACT NEGOTIATION

4.3.1 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 goods and services

• Compensation

• Statement of work

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.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

SECTION 5: ADDITIONAL INFORMATION

5.1 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=oregon4biz

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.

5.2 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.

5.3 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).

5.4 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.

5.5 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.

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

5.6 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.

5.7 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)

5.8 Reserved.

5.9 Reserved.

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

Exhibit A-1 SOW

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D COST SHEET

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

http://www.oregon.gov/DAS

Exhibit A-1

Sample Statement of Work

Deliverable: Initial Kickoff Call

Deliverable: Validation of POS requirements – features, functions, usage, operations and help desk support

Task: Plan to customize, install process where needed

Task: Identify client and Proposer central points of contacts

Deliverable: Project plan for the installation.

Deliverable: Technical Call to Confirm System and other items

Task: Server, database, application, security and user requirements

Task: Network configuration, domain controllers

Task: Identify client and Proposer central points of contacts

Deliverable: Work product – completed installation project plan.

Deliverable: Installation Coordination

Task: Execute the installation project plan

Task: Ensure all installation requirements are met, and the new POS product and hardware are up and running

Task: Confirm and validate the checklist and project plan completion with the client.

Deliverable: Post Installation Customer Online Training

Deliverable: User and manager training sessions

Deliverable: Training materials user and manager manuals, system admin manuals and technical documents.

Task: Review similar projects completed – based on project size, complexity, schedule and issues

Task: Compare current project with those researched

Deliverable: Put a preliminary project plan based on lessons learned.

Deliverable: Plan

Task: Define plan based on initiation template selected

Deliverable: Make modification to the plan based on current requirements, customer timelines and budget

Deliverable: Build a schedule

Task: Manage

Task: Schedule and budget

Task: Issues and scope

Task: Communications and risks

Deliverable: Quality and metrics

Deliverable: Close out

Task: Hold project closure meeting

Deliverable: Project transition to support

Deliverable: Turn over artifacts and documents

ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

____________________ (Affiant), being first duly sworn under oath, and representing [insert Proposer Name] (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.

I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the “Proposal”), to the State of Oregon (State) in response to Request for Proposals [insert RFP #], for [insert description of RFP], and I am familiar with the contents of the RFP and Proposal.

I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A constitutes “Trade Secrets” under the Uniform Trade Secrets Act as adopted in Oregon or is otherwise exempt from public disclosure (“Exempt Information”) under Oregon’s Public Records Law as specifically designated on Exhibit A.

I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Affiant’s Signature

State of ___________) ) ss:

County of ________)

Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of _________________ My Commission Expires: _________

EXHIBIT A TO ATTACHMENT B

Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s):

Provision or Item Statutory Reference for Claimed Exemption

ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET

Legal Name of Propose

Address

City, State, Zip:

State of Incorporation:

Entity Type:

Contact Name:

Telephone

Email

Oregon Business Registry Number (if required):

Any individual signing below hereby certifies he/she is an authorized representative of Proposer and that:

1. Proposer understands and accepts the requirements of this RFP. Proposer acknowledges receipt of any and all Amendments to this RFP.

2. By submitting a Proposal, Proposer agrees to be bound by the terms and conditions in the Sample Contract (Attachment A), as may be modified by RFP Amendment or are marked for negotiation in the RFP.

The Proposal is a Firm Offer for 180 days following the Opening or until such time as the parties have entered into a Contract.

If awarded a Contract, Proposer agrees to provide Products and Services that meet or exceed the requirements or performance standards set forth in the RFP and Sample Contract (Attachment A).

Proposer certifies that:

all staff who will have access to State systems, facilities, data, and confidential information will submit to all security checks requested by ODDS or any Authorized Purchaser, which may include any combination of fingerprinting, Oregon Law Enforcement Data Systems (“LEDS”) and Federal Bureau of Investigation Criminal Justice Information Services (“FBI CJIS”) background checks; and if requested, Proposer and Proposer’s staff will sign a non-disclosure agreement for any and all data or information received or processed on its equipment from the State of Oregon; and

Proposer will protect at all times State of Oregon sensitive material; and

Proposer shall comply with all Authorized Purchaser rules, policies and procedures relative to network access and facility access; and

Proposer shall comply with the following State of Oregon’s security standards as set forth in the following:

• Privileged Access Monitoring and Reporting viewable at:

https://www.oregon.gov…