S-10000-00004195 Final~1.pdf

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF HUMAN SERVICES

Request For Applications (RFA) for

Bulk Potable Water Delivery Service

OregonBuys #: S-10000-00004195

Date of Issue: September 1, 2022 Closing Date and Time: August 31, 2023, 3:00 P.M. (PST)

Single Point of Contact (SPC): Bill Evans, Procurement and Contract Specialist Address: 635 Capitol Street NE, Suite 350 City, State, Zip Salem, OR 97301 Phone (voice) (971) 283-4703 Phone (Fax) (971) 378-4324 E-mail: william.f.evans@dhsoha.state.or.us

In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio recordings, Web-based communications and other electronic formats. To request an alternate format, please send an e-mail to dhs-oha.publicationrequest@state.or.us or call 503-378-3486 (voice) or 503-378-3523 (TTY) to arrange for the alternative format.

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:dhs-oha.publicationrequest@state.or.us mailto:dhs-oha.publicationrequest@state.or.us

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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 AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 APPLICATION REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 RESERVED

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 RESERVED

4.5 APPLICATION DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 APPLICATIONS DUE

4.8 PUBLIC OPENING – NOT APPLICABLE, THERE IS NO PUBLIC OPENING FOR THIS RFA

4.9 APPLICATION REJECTION

4.10 APPLICATION PACKET REVIEW PROCESS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 RESERVED

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 CHECKLIST DISCLAIMER

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B APPLICANT INFORMATION AND CERTIFICATION SHEET

ATTACHMENT C REFERENCE CHECK FORM

ATTACHMENT D APPLICATION FORM

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 Department of Human Services (ODHS), Office of Resilience and Emergency Management, (“Agency”), is issuing this Request for Applications for Bulk Potable Water Delivery Service (the “Services”)_.

Agency is seeking Applications from qualified Applicants to deliver bulk potable water throughout the State of Oregon to Oregonians affected by severe drought conditions, to survivors of a declared emergency who are being sheltered by the Agency, or to other individuals as determined by the Agency. Examples of the Services include, but are not limited to, delivering water along a residential route to water tanks for residents whose wells have dried up due to drought conditions, to a hygiene station to provide water for showers and handwashing in an affected emergency or drought area, and to a congregate shelter setting, such as a hotel or RV Park.

This RFA document provides information to Applicants about the Application process and criteria the Agency will use to approve or disapprove submitted Applications. Only Agency approved Applications will be considered for award of a Contract.

Agency anticipates the award of multiple Contracts from this RFA. The initial term of any Contract awarded will be for one (1) year. Agency reserves the right to extend, via a written amendment, the term of any awarded Contract up to a maximum contract term of five (5) years.

Agency does not guarantee to successful Applicants, Contractor upon award of a Contract, that a minimum or maximum amount of Services will be ordered by Agency under any awarded Contract. Services ordered by Agency from any resulting Contract will strictly be on an as needed basis.

Additional details on the Scope of the Services are included in the Scope of Work/Specifications section of this RFA.

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.

Schedule of Events

Questions or requests for clarification May 1, 2023, 3:00 P.M.

Answers to questions or requests for clarification Within 5 business days of receiving question(s)

Applications will be accepted continuously until the Closing Date listed on Page 1

Application review and approval Approximately 45 calendar days after the date an Application is received.

Contract negotiations After Agency approval of an Application.

Contract award notice Upon completion of contract negotiations between Agency and Applicant.

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1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFA is identified on the Cover Page (page 1), along with the SPC’s contact information. Applicants shall direct all communications related to any provision of this RFA only to the SPC, whether about the technical requirements of the RFA, contractual requirements, the RFA process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFA pursuant to its authority under ORS 279A.050, OAR 125-246- 0170(2)(c), and DAS SP# 826-16.

2.2 DEFINITION OF TERMS

For the purposes of this RFA, capitalized words are defined in OAR 125-246-0110 or as defined below. Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

“Agency” means the Oregon Department of Human Services, Office of Resilience and Emergency Management.

“Applicant” means an individual or business who submits an Application Packet for review and consideration.

“Application Packet” or “Application” means a written response to this RFA that contains all of the documents described herein. Application Packet and Application are used interchangeably.

“Potable Water” means water that has been treated to levels that is suitable for consumption by human beings and domestic animals, as well as for hygienic purposes such as handwashing and showering..

“Vehicle” means a tanker vehicle or vehicle that is equipped to safely transport and deliver bulk volumes of potable water as described in the Scope of Work/Specifications section of this RFA.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

ODHS is Oregon’s principal agency for helping Oregonians in their own communities achieve wellbeing and independence through opportunities that protect, empower, respect choice, and preserve dignity, especially for those who are least able to help themselves.

Under the State’s Comprehensive Emergency Management Plan ODHS is the Primary Agency responsible for Emergency Support Function 6 which is responsible for Mass Care as well as assessing food and water needs for areas impacted by disaster, identification and storage of resources, transporting food and water to impacted areas, and monitoring the collection and sorting of all food and water supplies to ensure they are safe for consumption.

ODHS’ Office of Resilience and Emergency Management (OREM) is tasked with carrying out Emergency Support Function 6.

ODHS-OREM identifies unmet community needs and coordinates the distribution of life-sustaining goods and services to impacted populations of a disaster or emergency, including https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

DAS Procurement Services, Version 4.4 July 1, 2021 Page 5 of 15 hydration, feeding, sheltering, evacuee support, family reunification, and emergency supply distribution. ODHS-OREM develops networks of public and private partners, to include community-based organizations pre-vetted to perform specific response functions, businesses, Tribal governments, and local governments, to employ a whole community approach to integrated service delivery. ODHS-OREM conducts mass care planning and execution with a focus on equity and inclusion.

2.3.2 Project Overview and Background

Between March 4, 2022 through June 7, 2022 the Governor of Oregon issued emergency drought declarations for 17 counties across Oregon. Due to the issuance of those emergency drought declarations, a need has been identified to expand the bulk potable water delivery service statewide so that there are local capabilities for any county impacted by the drought disaster.

While a drought disaster would be one of the most common triggers for the need of bulk potable water delivery service, service may be provided for any type of declared disaster in Oregon. For example, delivering water to residential homes and other sites during a power or water treatment center outage, a congregate sheltering site set up for wildfire survivors to supply mobile shower stations, or other unforeseen events that disrupt the supply of water to Oregonians.

2.3.3 Purpose

The purpose of this RFA is to establish multiple Contracts for on-call bulk potable water delivery service to various locations throughout Oregon to support individuals affected by an emergency or disaster, which may include, but is not limited to, delivery of potable water to residential sites, non-residential sites such as congregate shelter settings, and other sites as designated by the Agency. Successful Applicants will coordinate with ODHS-OREM and local governments to safely pickup potable water from designated collection points and transport the water to identified delivery locations.

2.4 SCOPE OF WORK/SPECIFICATIONS

After execution of a Contract, the Applicant will be designated as a Contractor and shall perform the Services or complete the Work described in this subsection 2.4 “Scope of Work/Specifications” and in Attachment A Sample Contract. Agency and the Applicant will negotiate the Statement of Work for the final Contract which may include requirements based on the terms of this RFA and the Applicant’s Application.

2.4.1 Applicant, upon request by Agency, shall pick-up, transport, and deliver bulk volumes of portable water to designated water storage tanks at various locations throughout the State of Oregon. Agency will designate to the Applicant the exact pick-up location of potable water and delivery location.

2.4.2 Applicant shall ensure Applicant’s Vehicle(s) to be used for the transportation and delivery of potable water remain operable and in good working condition, to include operation during inclement weather, for the duration of any resulting contract the Applicant may be awarded. Applicant shall only load their Vehicle(s) with potable water from ODHS approved water resources.

2.4.3 Applicant must maintain proper sanitation of their Vehicles(s) at all times through routine interior and exterior cleaning and disinfection of each Vehicle(s) reservoir(s), fittings(s), and pipeline(s) that will be used to transport and deliver potable water during the duration of any resulting contract the Applicant may be awarded.

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2.4.4 Applicant’s Vehicle(s) must be equipped with a water pump and other required equipment that may be necessary for the loading and offloading of potable water. Applicant must have various sized fittings that can be attached to the water receptacles, which will vary in type, size, and fitting requirement, Applicant may encounter at each potable water pick-up and delivery location.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for review, Application must demonstrate how Applicant meets all requirements of this section:

If Applicant does not meet one or more of the individual minimum qualifications listed in this Section 3.1, Applicant must submit a brief one page narrative describing how they meet all of the listed minimum qualification prior to any negotiation of a contract with Agency.

3.1.1 Licensing/Registration Requirements

3.1.1.1 Applicant’s Vehicle(s) must be licensed and registered with Oregon’s Driver and Motor Vehicle Services (DMV) or the Driver and Motor Vehicles Services (DMV) in the State where Applicant’s company is located.

3.1.1.2 Applicant’s staff who will operate Applicant’s Vehicles must have a valid Commercial Driver’s License (CDL) for the specific size of Tanker Vehicle(s) that Applicant may use for the delivery of potable water if awarded a Contract.

3.1.2 Experience

Applicant must have a minimum of 1 year experience transporting potable water or similar liquids or goods that require specific health and safety standards, so they be consumed by humans and domestic animals.

3.1.3 Vehicle Requirements

The following vehicle requirements must be met by Applicant prior to submitting an Application. If Applicant’s Vehicle(s) do not currently meet these requirements, Applicant must submit a short half-page narrative on how their Vehicle(s) will meet these requirements before services begin should the Applicant be awarded a contract.

3.1.3.1 Must meet the Oregon Health Authority, Public Health Division’s recommended Drinking Water Hauling Guidelines to transport water.

3.1.3.2 Must be equipped with a water pump and have other equipment that may be necessary for the loading and offloading of potable water.

3.1.3.3 Must have the capability, equipment, and fittings to deliver water to water receptacles (e.g. residential water totes, water bladders, and other types of water tanks) that vary in size (typical range between 500 and 2,500 gallons) and may have openings that require hose fittings of various and sometimes uncommon sizes (e.g. 2 inch fittings).

3.1.3.4 Must be equipped or be able to be equipped to transport and deliver potable water in inclement weather, such as snow.

https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/DRINKINGWATER/OPERATIONS/Documents/haulguide.pdf

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3.1.3.5 Must not have been previously used to haul gas, chemicals, or biohazard waste.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Application Submissions

To be considered for review, Application Packet must contain each of the following elements (further detailed in Section 3.3 “Application Requirements” below):

• Applicant Information and Certification Sheet (Attachment B)

• Reference Check Form (Attachment C)

• Application Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

• Key Person(s)

• Applicant’s Demonstration of Minimum Qualifications

Failure of Applicant’s authorized representative to sign the Application Form and other documents listed in this Section 3.2.1 may result in the Application Packet being rejected by Agency.

3.2.2 Application Page Limits

Application is limited to 5 pages. The following items do not count toward the page limit:

• Proposer Information and Certification Sheet (Attachment B)

• Reference Check Form (Attachment C)

• Application Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

3.2.3 Application Format and Quantity

Application Packet must include all the elements listed in Section 3.2.1 “Application Submissions” and how the Applicant meets the minimum qualifications listed in Section 3.1 to perform the Scope of Work/Specification outlined in Section 2.4.

Applicant shall submit one copy of its Application Packet and all other submittal requirements of this RFA as set forth in Section 4.5 “Application Delivery Options”.

Application Packet shall be prepared in the order of items listed in Section 3.3

3.3 APPLICATION REQUIREMENTS

Application Packet must address each of the items listed in this section and all other requirements set forth in this RFA. An Application Packet that merely offers to provide the goods or services as stated in this RFA will be considered non-Responsive to this RFA and will not be considered further.

Application Packet should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Application. Do not include marketing or advertising material in the with the Application Packet, unless requested. Application should be straightforward and address the requests of the RFA.

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3.3.1 Applicant Information and Certification Sheet (Attachment B)

Applicant shall complete, sign, date, and submit the Application Information and Certification Sheet (Attachment B).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Application Information and Certification Sheet may result in rejection of the Application.

3.3.2 Reference Check Form (Attachment C)

Applicant shall send a copy of Attachment C “Reference Check Form” to three references for them to complete and return to the Applicant. Applicant shall include one completed Reference Check Form with their Application Packet. References should be current or former client/firms for similar projects performed for any clients within the last two years.

References must be able to verify the quality of previous, related Work. Agency may follow up with References with additional questions, requests for clarification or additional information.

3.3.3 Application Form (Attachment D)

Applicant shall complete, sign, date and submit the Application Form (Attachment D).

Failure to submit the Application Form with the Application Packet will result in Application Packet rejection.

3.3.4 COBID Certification / Outreach Plan (Attachment E)

Applicant shall complete and submit Attachment E with the Application Packet.

3.3.5 Responsibility Inquiry (Attachment F)

Applicant shall complete, sign, date and submit the Responsibility Inquiry (Attachment F). Failure to submit the Responsibility Inquiry with the Application Packet will result in Application Packet rejection.

3.3.6 Key Person(s)

Specify a minimum of one (1) key person to be assigned to this project that will be the Agency’s primary point of contact for the scheduling of fill ups, issues that may arise with drivers, and billing.

3.3.7 Applicant’s Demonstration of Minimum Qualifications (5 Pages Maximum)

Applicant must briefly describe how they meet the minimum qualifications set forth in Section 3.1. Applicant may submit copies of vehicle registrations and staff CDL documents, copies will not count towards the 5 page maximum.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFA and it’s attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. RFA documents will not be mailed to prospective Applicants; It is the sole responsibility of the Applicant to download the RFA documents from OregonBuys.

Modifications, if any, to this RFP will be made by written Addend(s)/Amendment(s) published in OregonBuys. Prospective Applicants are solely responsible for checking OregonBuys to https://oregonbuys.gov/

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Addenda(s)/Amendment(s) are incorporated into the RFA by this reference.

4.2 RESERVED

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via email;

• Reference the RFA OregonBuys bid number;

• Identify Applicant’s name and contact information;

• Refer to the specific area of the RFA 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 in Section 1.2.

4.4 RESERVED

4.5 APPLICATION DELIVERY OPTIONS

Applicant is solely responsible for ensuring its Application Packet is received by the SPC in accordance with the RFA requirements before Closing. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. An Application Packet submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFA:

• Electronic Submission (preferred) Applicant may submit Application Packet electronically through OregonBuys or by email to the SPC listed on the cover page. If submitting by email, include the RFA OregonBuys number in the subject line of your email.

Instructions for submission via OregonBuys are found at the following link:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal% 20Solicitation%20Response.pdf The instructions are written for “Bid” responses to solicitations but the same process is used for submitting an Application Packet in response to an RFA. Follow the instructions to “Create the Quote”; in the Description field type “Application for Bulk Potable Water Delivery Service”, click Save & Continue; click on the Terms & Conditions tab, click Yes, click Save & Continue; click the Attachments tab, click Add File, select the application documents from your computer and open to attach, type the name of the attachment where indicated (for example “Attachment C”), click Save & Exit after each document you attach. Once all documents are attached, click Save & Continue;

click the Summary tab to review. Once the Application Packet (“Quote”) is submitted, Applicant cannot edit the document, however you may withdraw the quote (instructions are included in the above link) for editing and resubmission at any time before the RFA opportunity ends. Click Submit Quote. The screen will refresh, leaving you on the Summary tab and the status will have change to “Submitted”.

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

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• Delivery through Mail or Parcel Carrier Application Packets may be submitted through U.S. mail or via parcel carrier and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Applicant’s name and the RFA OregonBuys number. It must be sent to the attention of the SPC at the address listed on the Cover Page of this RFA.

• Delivery in Person Application Packets may be hand-delivered and must be clearly labeled and submitted in a sealed envelope, package or box. Application Packets will be accepted prior to the Closing date of the RFA, Monday through Friday between the hours of 8:00 a.m. and 3:00 p.m.

Pacific Time, except during State of Oregon holidays and other times when Agency is closed.

The outside of the sealed submission must clearly identify the Applicant’s name and the RFA OregonBuys number. Application Packet must be delivered to the attention of the SPC at the address listed on the Cover Page.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If an Applicant wishes to make modifications to a submitted Application Packet it must submit its modification in one of the authorized methods listed in Section 4.5 “Application Delivery Options.” To be effective, the notice must include the RFA OregonBuys number and be submitted to the SPC prior to Closing.

If an Applicant wishes to withdraw a submitted Application, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Closing date and time in accordance with OAR 137-047-0440. To be effective the notice must include the RFA OregonBuys number.

4.7 APPLICATIONS DUE

Application Packets must be received by the SPC on or before Closing date and time. (In OregonBuys, the Closing Date is referred to as the “Opening” date.) This RFA will remain open to accept Application Packets for one (1) year or until the Agency has sufficient Contracts to meet their needs. When the Agency has a sufficient number of Contractors, an amendment to this RFA will be added in OregonBuys to change the closing date as determined by the Agency.

All Application Packet modifications or withdrawals must be received prior to Closing.

Application Packets received after Closing will be considered late and will not be accepted for review. Late submissions will not be opened or returned to the Applicant.

4.8 PUBLIC OPENING – NOT APPLICABLE, THERE IS NO PUBLIC OPENING FOR THIS RFA

4.9 APPLICATION REJECTION

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

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

• Applicant has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

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• Applicant makes any contact regarding this RFA with State representatives such as Agency employees or other State officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Applicant attempts to influence a member of the application review panel or an employee of the State.

• Applicant 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 RFA or Addenda(s)/Amendment(s).

4.10 APPLICATION PACKET REVIEW PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

Application Packets received prior to Closing will be reviewed by the SPC to determine if it is Responsive to all RFA requirements including compliance the Minimum Submission Requirements section. SPC will conduct their responsiveness determination on a Pass/Fail basis, as follows:

• Applicant Information and Certification Sheet (Attachment B) completed, signed, and dated.

• Reference Check Form (Attachment C) lists three (3) references.

• Application Form (Attachment D) completed, signed, and dated.

• COBID Certification / Outreach Plan (Attachment E) completed.

• Responsibility Inquiry (Attachment F) completed, signed, and dated.

• Applicant provided name(s) of Key Person(s).

• Applicant provided a description, not exceeding 5 pages, on Applicant meets the Minimum Qualifications of this RFA .

If the Application Packet materials are unclear, the SPC may request clarification from Applicant. If the SPC finds the Application Packet non-Responsive, the Application may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047- 0470.

Applicants whose Application Packets pass the responsiveness determination criteria set forth in this Section will be forwarded to the Agency for the review process as outlined in Section 4.10.2 “Application Packet Review Process.”

Applicants whose Application Packets fail the responsiveness determination criteria set forth in this Section will be rejected. If rejected, SPC will notify Applicant and Applicant may resubmit a new Application Packet prior to the Closing date with the corrected or missing items.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Applicant is Responsible prior to award and execution of the Contract. Applicants shall submit a signed Responsibility Inquiry form (Attachment G) with Application Packet.

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

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4.10.2 Application Packet Review Process

Application Packets forwarded by the SPC to the Agency will be reviewed by the Agency’s Application Review Panel to ensure Applicant meets the Minimum Qualifications of Section 3.1 and to review Applicants’ references. All Responsive, Responsible Applicants meeting minimum qualifications may be offered a Contract by the Agency, however Agency makes no guarantee of Contract award to any Applicant who submits an Application packet or any amount of work to be performed should the Applicant be awarded a Contract.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency may award a Contract to Applicants(s) based upon the methodology and process described in Section 4. Agency makes no guarantee of any specific award to an Applicant.

Multiple Contracts may be awarded until a sufficient number of Contracts have been awarded to meet the Agency’s needs, or Agency has expended its available funding for the project.

5.1.2 Intent to Award Notice

Agency will notify, through the SPC. all Applicants in Writing that Agency intends to award a Contract to an Applicant, subject to successful Contract negotiation of any negotiable provisions between the Agency and Applicant.

5.2 RESERVED

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Applicants who are selected for a Contract award under this RFA will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to execution of a Contract, Applicant shall secure and demonstrate to Agency proof of insurance as required in Exhibit C of the Sample Contract (Attachment A). The State of Oregon, Department of Administrative Services, Office of Risk Management requires all contractors carry Commercial General Liability insurance coverage, including sole proprietors.

5.3.2 Taxpayer Identification Number

Applicant shall provide its Taxpayer Identification Number by completing a Contractor Tax Identification and Information (CTII) form provided prior to execution of a Contract.

5.3.3 Business Registry

If selected for award, Applicant shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Corporations, Limited Liability Companies and other formal business entities must register with the Secretary of State. Sole Proprietors and General Partner businesses are not required to register if they disclose the names of the owners in the business name. Any business can choose to register

DAS Procurement Services, Version 4.4 July 1, 2021 Page 13 of 15 an Assumed Business Name. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

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

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

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFA, Applicant must certify by their Signature on Applicant Information and Certification Sheet (Attachment B) 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 policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.6 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.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Applicant, Agency may enter into Contract negotiations with the successful Applicant. By submitting an Application, Applicant agrees to comply with the requirements of this RFA, including the terms and conditions of the Sample Contract (Attachment A). The terms and conditions of the Contract are not negotiable at the time this http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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RFA is posted in OregonBuys. Applicant and Agency may negotiate the Exhibit A “Statement of Work” of the Contract if additions or modification are deemed necessary.

5.4.2 Contractor Selection Methodology

See Section 4.10 “Application Packet Review Process.”

SECTION 6: ADDITIONAL INFORMATION

6.1 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 Applicant is required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment E) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

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

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Application Packets 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 exempt from disclosure.

All Application Packets submitted in response to this RFA become the Property of Agency. By submitting an Application Packet in response to this RFA, Applicant 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 Application solely for the purpose of evaluating the Application Packet, drafting a Contract, if awarded to Applicant, or as otherwise needed to administer the RFA process, and to fulfill obligations under Oregon Public Records Law (ORS

192.311 through 192.478). Application, including supporting materials, will not be returned to Applicant.

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

Pursuant to ORS 279B.100, Agency may reject any or all Application Packets in whole or in part, or may cancel this RFA 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 Applicant for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFA, award, or rejection of any Application Packet.

6.5 COST OF SUBMITTING A PROPOSAL

Applicant shall pay all the costs in submitting its Application Packet, including, but not limited to, the costs to prepare and submit the Application Packet, costs of samples and other supporting materials, costs to participate in demonstrations, or any other costs.

6.6 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.

6.7 CHECKLIST DISCLAIMER

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

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

https://www.oregon.gov/das