S-010481_Fair_Housing_RFP_FinalDraft.pdf

RFP #S-12300-00010481 – Furthering Fair Housing Activities 2024

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STATE OF OREGON

COVER PAGE

Oregon Business Development Department

Request for Proposals (“RFP”)

OregonBuys Bid Number: S-12300-00010481

Furthering Fair Housing Activities 2024

Date of Issue: May 28, 2024

Opening Date and Time: June 7, 2024, at 2:00PM Pacific Time.

Single Point of Contact (“SPC”): Erin Smith

Address: 775 Summer St NE

City, State, Zip Salem, Oregon 97301

Phone (voice) 971-600-4484

E-mail: erin.m.smith@biz.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:erin.m.smith@biz.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 OREGONBUYS

1.4 SINGLE POINT OF CONTACT

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3 PROPOSAL DELIVERY

4.4 PROPOSAL MODIFICATION OR WITHDRAWAL

4.5 PROPOSAL DUE

4.6 PROPOSAL REJECTION

4.7 EVALUATION PROCESS

4.8 POINT AND SCORE CALCULATIONS

4.9 RANKING OF PROPOSERS

4.10 NEXT STEP DETERMINATION

4.11 ADDITIONAL ROUNDS

4.12 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 CHECKLIST DISCLAIMER

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LIST OF ATTACHMENTS

• Attachment A – Sample Contract

• Attachment B – Disclosure Exemption Affidavit

• Attachment C – Proposer Information and Certification Sheet

• Attachment E – COBID Certification/ Outreach Plan

• Attachment F – Responsibility Inquiry

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Business Development Department (“Business Oregon” or “Agency”), is issuing this Request for Proposal for services to address the Fair Housing Goals and strategies identified in the 2021-2025 Analysis of Impediment (AI) to Furthering Fair Housing.

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 RFP. The awarded contract shall not exceed $139,000.00.

The term of the Contract is anticipated to be 1 year (12 months) from contract execution.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

Event Date Time

Questions / Requests for Clarification Due June 3, 2024 5 PM

Answers to Questions / Requests for Clarification Issued (approx.) June 4, 2024

Opening (Proposal Due) See RFP Cover Page

Issuance of Notice of Intent to Award (approx.) June 14, 2024

1.3 OREGONBUYS

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

1.3.1 OREGONBUYS ASSISTANCE

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

1.3.2 OREGONBUYS REGISTRATION INFORMATION

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

1.4 SINGLE POINT OF CONTACT

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

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The single point of contact for this RFP is identified as the Purchaser in OregonBuys and on the Cover Page of this RFP. 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.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(6)(f) and ORS 279A.075(2).

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

2.2 DEFINITION OF TERMS

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

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

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

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Business Oregon is the state of Oregon’s economic development agency. Our mission is to invest in Oregon’s businesses, communities, and people to promote a globally competitive, diverse, and inclusive economy. To achieve this mission, the agency administers more than 80 core programs.

To learn more about our Agency, please visit our webpage: https://www.oregon.gov/biz

2.3.2 Project Overview and Background

The State of Oregon has completed its 2021-2025 Analysis of Impediments to Furthering Fair Housing (AI) which covers a comprehensive review of the statewide structural barriers to Fair Housing. This document has been utilized as a planning source to affirmatively further fair housing and increase housing choice for protected classes of Oregonians.

Business Oregon is administering the State Community Development Block Grant (“CDBG”) https://www.oregon.gov/biz

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Program from the Department of Housing and Urban Development (“HUD”). Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act, requires HUD and recipients of federal funds from HUD to affirmatively further fair housing.

Business Oregon is required to take steps to further fair housing and address some deficiencies identified in the AI that can be positively impacted through the Agency’s means.

2.4 SCOPE OF WORK

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

Business Oregon requests proposals from any qualified agency, nonprofit, or community organization with specific functions related to Fair Housing activities (“Actions”) as stated below.

The proposed Actions should work to address the following Fair Housing goals and strategies identified in the 2021-2025 AI. The 2021-25 AI activities have been reviewed by three (3) major agencies administering several HUD funded programs. Business Oregon, specifically, has determined to focus on the following activities as described below.

2.4.1 Education and outreach:

Impediment 4-1. Residents still have low awareness of their fair housing rights and of resources available to them to assert their rights, especially in the rural areas of the state.

Building the fair housing capacity of local culturally specific and culturally relevant organizations to provide fair housing education and outreach is needed to increase the effectiveness of outreach and enforcement.

Action: Continue to fund the presence of fair housing educators and enforcement staff outside of the Portland Metropolitan Service Area. Continue to dedicate resources to nurture effective partnerships between fair housing organizations and local culturally specific and culturally relevant organizations to increase fair housing knowledge and empower residents to assert their rights.

Impediment 4-2. Landlords, especially medium and small housing providers in the rural areas of the state, would benefit from fair housing education and training, especially related to reasonable accommodations and source of income protections.

Action: Require front line staff at partner organizations be in the housing or supportive services industry and to take fair housing training.

2.4.2 Enforcement

Impediment 1-2: Direct discrimination on the basis of protected class status, including refusal to rent and denial of reasonable accommodations, continues to occur in Oregon.

Impediment 1-3: Residents with criminal histories, history of eviction, and poor credit all experience great difficulty meeting tenant screening criteria.

Action: Continue to fund fair housing enforcement, including testing, to address direct housing

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2.4.3 Public Policy and Advocacy

Impediment 1-1. Shortage of rental housing affordable to residents with incomes less than 30 percent and 50 percent of Median Family Income and loss of naturally occurring affordable housing in the 2020 wildfires.

Impediment 1 (1-6):

• Residents with disabilities cannot find accessible and affordable rental units.

• Naturally available affordable housing is often in poor condition in rural Oregon.

• It is extremely difficult for voucher holders to find landlords willing to rent to program participants.

Impediment 4-3: Stakeholders familiar with the complaint process note that while Bureau of Labor and Industries (BOLI) has made some improvements since the last AI, the complaint process remains lengthy and complex, and the state is still not substantially improved. It is our understanding that substantial equivalency should be reinstated Spring 2021 when the moratorium expires.

Actions:

• Partner with planning and land use professionals to review Post Acknowledgement Plan Amendments (“PAPAs”) submitted to Oregon Department of Land Conservation and Development (“DLCD”) by jurisdictions to identify zoning and land use proposals with a potential discriminatory impact.

• Facilitate quarterly meetings of the Fair Housing Council of Oregon’s (“FHCO’s”) Affirmatively Furthering Fair Housing’s advisory panel of representatives from Agency, Oregon Housing and Community Services staff, DLCD staff, land use experts, planning experts, and other stakeholders identified.

• Support statewide, regional, and local public policy efforts that have fair housing.

implications through:

o participation in Housing Alliance committees;

o statewide rulemaking advisory committees;

o regional and local housing stakeholder groups; and, o direct advocacy with non-entitlement jurisdictions.

Reporting Requirements: Quarterly reports are required to be submitted as stated above within the 12-month period. The reporting requirements will fully be determined in detail based on the proposed activity. Additionally, reporting will include direct cost by quarter and submission of supporting invoices.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

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

• Proposer must provide an executive summary, how long it has been in business, its overall practice, and names of principals.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Project Plan

• Qualifications

• Price Proposal

• Racial Equity

• Key Persons and Resumes

• Work Samples or Accomplishments that align with the Scope of Work

• Disclosure Exemption Affidavit (Attachment B) – submit 1 copy only

• Proposer Information and Certification Sheet (Attachment C)

• COBID Certification / Outreach Plan (Attachment E) - submit 1 copy only

If selected for Award, Proposer shall be required to submit the following:

• Attachment F – Responsibility Inquiry

• Certificate of Insurance (detailed in Exhibit B of Attachment A – Sample

Contract)

3.2.2 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Price information must be submitted as a separate attachment.

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

Proposer shall submit a copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature.

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.3 Authorized Representative Signature

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

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3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

3.3.1 Project Plan

Provide a detailed project plan, to include a clear description of proposed scope of work and how it connects to the goals and strategies listed in the Scope of Work.

Illustrate how the plan will serve to coordinate and accomplish the Work. This should include the number and frequency of activities, proposed methods for implementing the activities and a timeline. Detail Proposer qualifications and experience to execute the proposed scope of work.

Proposer must provide any contractual provisions Proposer requires in the Sample Contract (Attachment A) with Business Oregon, in the event the Proposal is selected for award.

3.3.2 Racial Equity

Proposal shall focus on reducing disparities in housing by serving historically disadvantaged people within Black, Indigenous, and People of Color (BIPOC) communities and other protected classes in the Fair Housing Act. Intentional and inclusive engagement strategies should be designed in partnership with BIPOC communities and should be provided in detail.

3.3.3 Key Persons and their Resumes

Specify key persons to be assigned to this Project and include a current resume (not to exceed two pages each) for each individual that demonstrates qualifications and experience for the Work described.

3.3.4 Work Samples or Accomplishments

Provide examples of past work samples or accomplishments that align with the Scope of Work, demonstrating Proposer’s successfully implemented fair housing activities in the last three (3) years similar to the above sections described as AI. Include any additional pertinent information you may wish to be considered.

3.3.5 References

Provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, DAS Procurement Services, Version 4.0 – March 25, 2018 Page 10 of 20 related Work.

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

3.3.6 Pricing

Proposer shall submit a separate attachment detailing their price proposal via breakdown by task and resource allocation. Price Proposal shall include a not-to-exceed or flat fee only.

3.3.7 Proposer Information and Certification Sheet

Proposer shall complete and submit Attachment C.

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

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC NOTICE

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

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

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

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must be submitted via email to the SPC on identified on the cover page of this solicitation.

4.3 PROPOSAL DELIVERY

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

4.4 PROPOSAL MODIFICATION OR WITHDRAWAL

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

4.5 PROPOSAL DUE

https://oregonbuys.gov/

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

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

4.6 PROPOSAL REJECTION

Agency 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 liquidated and delinquent debt owed to the State or any department or agency of the State.

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

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

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

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

4.7 EVALUATION PROCESS

4.7.1 Responsiveness and Responsibility determination

4.7.1.1 Responsiveness determination

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

OAR 137-047-0470.

4.7.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment F) within 3 Business Days of receipt of Intent to Award notice.

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

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4.7.2 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 a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Scores will be assigned by each Evaluation Committee member using the guidance provided in the table below.

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SCORE EXPLANATION

100 OUTSTANDING – Response addresses all prompts and requirements, with no deficiencies or weaknesses in the Vendor’s Proposal response.

90 EXCELLENT – Response contains many strengths and only minor weaknesses.

80 VERY GOOD – Response contains a few minor weaknesses.

70 GOOD – Response contains some minor weaknesses

60 SATISFACTORY – Response contains some strengths, but with some moderate weaknesses.

50 FAIR – Response contains some strengths, but with several moderate weaknesses.

40 UNSATISFACTORY – Response contains a few strengths but contains some major weaknesses.

30 WEAK – Response contains one or two strengths but contains major weaknesses.

20 POOR – Response contains one or no strengths and contains many major weaknesses.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the Solicitation. Vendor has not demonstrated knowledge of the subject matter.

0 NO RESPONSE – Vendor did not address the Proposal submittal prompt in question.

4.7.2.1 Project Plan (30 Points)

• Completeness and clarity of proposal; scope of work approach, timing, and substance.

• Proposal describes how the Scope of Work will be accomplished.

• Proposal demonstrates a strong understanding of the planning objective and work tasks.

• Proposal demonstrates a level of detail, documentation, and back-up material.

• Ability to complete proposed activity within a period of four (4) calendar quarters.

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4.7.2.2 Qualifications (20 Points)

• Key Person(s) and Resumes - Experience, education and qualifications of the Proposer and team with similar roles and projects.

• Work Samples or Accomplishments - Proposer can demonstrate ability to successfully implement activities related to the Scope of Work.

• References – Proposer can demonstrate current or recent successful similar activities related to the Scope of Work.

4.7.2.3 Racial Equity (30 Points)

• Proposed plan targets the reduction of barriers among BIPOC communities and other protected classes.

• Project addresses at least one of the racial inequities listed in the strategies and goals above.

• Culturally appropriate engagement with BIPOC communities and other protected classes is included in proposed activities.

4.7.3 PRICE EVALUATION (20 Points)

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

lowest price of all Proposers X price points possible = price score price being scored

4.7.4 PREFERENCES

4.7.4.1 Reciprocal Preference

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

4.7.4.2 Tiebreakers

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

4.8 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE 100

4.7.2.1 Project Plan 30

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

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4.7.2.2 Qualifications 20

4.7.2.3 Racial Equity 30

4.7.3 PRICE POINTS POSSIBLE 20

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

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

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

EXAMPLE:

Proposer A receives scores of 100, 90, and 95 for criterion worth 50 points. The SPC averages 100, 90, and 95 for a score of 95 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

4.9 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.10 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Proposer meetings with the State’s Enterprise Information Services

Cybersecurity Office

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.10.1 Competitive Range Determination

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

4.10.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency 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 Agency.

4.11 ADDITIONAL ROUNDS

Reserved.

4.12 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

Agency may award less than the full Scope defined in this RFP.

5.1.2 Intent to Award Notice

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Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.2.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.2.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.2.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information. Municipalities or special service districts are exempt.

5.2.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment F — Responsibility Inquiry.

5.2.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.2.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by their Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it 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 of a http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf

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5.2.7 Pay Equity Compliance

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.3 CONTRACT NEGOTIATION

5.3.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

It may be possible to negotiate some provisions of the final Contract; however, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposal.

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

Agency is willing to negotiate all items, except those listed below:

• Choice of law

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• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 10 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

6.2 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://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

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

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

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All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

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

6.6 COST OF SUBMITTING A PROPOSAL

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

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.8 RECYCLABLE PRODUCTS

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

(ORS 279B.025)

6.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist.

Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

https://www.oregon.gov/das