S-10000-00009378 (5845) Intermediate Request for Quote Doc~1.doc

OregonBuys Bid # S-10000-00009378- Digital Fax

State of Oregon

Cover Page

OREGON DEPARTMENT OF HUMAN SERVICES

is issuing this Intermediate Procurement under S-10000-00009378 for Digital Fax Date of Issue: February 5, 2024 Opening Date: February 2619, 2024 Single Point of Contact (SPC): Enrique Rodriguez, Procurement Contract Specialist Address:

500 Summer St, Suite E03 City, State, Zip Salem, OR 97301 Phone 503-569-8279 E-mail:

enrique.rodriguez@odhsoha.oregon.gov

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCHEDULE

31.3

SINGLE POINT OF CONTACT (SPC)

3SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

32.1

AUTHORITY AND METHOD

32.2

DEFINITION OF TERMS

52.3

OVERVIEW AND PURPOSE

62.4

SCOPE OF WORK/SPECIFICATIONS

9SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

93.1

MINIMUM OFFER REQUIREMENTS

93.2

MINIMUM SUBMISSION REQUIREMENTS

103.3

PROCUREMENT PROCESS

123.4

OFFERS CONTENT REQUIREMENTS

123.5

EVALUATION PROCESS

143.6

COST EVALUATION

143.7

NEXT STEP DETERMINATION

143.8

PREFERENCES

153.9

POINT AND SCORE CALCULATIONS

153.10

RANKING OF OFFERORS

16SECTION 4:

AWARD AND NEGOTIATION

164.1

AWARD NOTIFICATION PROCESS

164.2

SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

174.3

CONTRACT NEGOTIATION

17SECTION 5:

ADDITIONAL INFORMATION

175.1

COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

175.2

CERTIFIED FIRM PARTICIPATION

185.3

GOVERNING LAWS AND REGULATIONS

185.4

OWNERSHIP/PERMISSION TO USE MATERIALS

185.5

CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

185.6

COST OF SUBMITTING AN OFFER

185.7

STATEWIDE E-WASTE/RECOVERY PROCEDURE

195.8

RECYCLABLE PRODUCTS

19SECTION 6:

LIST OF ATTACHMENTS

19ATTACHMENT A

SAMPLE CONTRACT

19ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

19ATTACHMENT C

OFFEROR INFORMATION AND CERTIFICATION SHEET

19ATTACHMENT D

REFERENCE CHECK FORM

19ATTACHMENT E

COST SHEET

19ATTACHMENT F

COBID CERTIFICATION / OUTREACH PLAN

19ATTACHMENT G

RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Human Services (“Agency”), is issuing this Intermediate Procurement for digital fax solution.

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. The initial term of the Contract is anticipated to be 2 years with options to renew up to a maximum of 10 years.

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.

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 issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

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

2.2 DEFINITION OF TERMS

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

2.2.1 General Definitions

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

2.2.2 Project Specific Definitions

http://www.oregon.gov/das/Policies/107-004-050.pdf

2.3 OVERVIEW AND PURPOSE

OVERVIEW: The Oregon Department of Human Services (ODHS) Oregon Child Abuse Hotline (ORCAH) Program is required by Oregon Administrative Rule to cross-report documented reports of child abuse to various law enforcement agencies (OAR 413-015-0305) and provide copies of reports to tribal government agencies (OAR 413-015-211 (9)(c)) under specific conditions.

Fulfillment of the cross-reporting and tribal notification requirements is completed by email or fax notification depending on the needs and preferences of the receiving entity. The hotline operations team continues to recommend transitioning from fax and to another solution like secure e-mail or establishing TLS, but several agencies continue to require the transmission of the notification be sent via fax.

The business process for fax notification and cross report has become problematic since the transition to hybrid work. Remote staff are unable to send fax information as needed from their remote workstation. They route documents to business staff at the ORCAH facility to send via a physical machine. This requires additional scheduling to have business staff onsite 24/7 and adds additional work steps to each notification.

A digital fax solution would benefit staff working remotely by streamlining communication with partner entities and managing business processes with fewer ORCAH staff needed to send paper faxes.

ORCAH currently estimates it sends approximately 250 faxes each week, with each fax being approximately 8 pages in length, for an approximate total of 105,000 pages per year. The Ricoh fax machine in use at the ORCAH facility does not provide reporting that supports an exact count of faxes or fax pages sent within a specific date range.

PURPOSE: The purpose of this solution is to enhance operational efficiency and staff well-being by implementing a digital fax platform. In alignment with the Governor’s Priority of increasing efficiency in our core business function and providing better customer service, this initiative aims to streamline the transmission of child abuse reports and notifications to external agencies, eliminating the need for on-site staff solely dedicated to physical faxing. By providing a remote digital fax solution, ORCAH seeks to boost business staff morale, reduce on-site work requirements, increase overall efficiency, and facilitate more accurate tracking, reporting, and auditing of historical data related to faxed documents, particularly cross-reports and tribal notifications.

The Agency would like the option to add future components related to the proposed Solution, as may become available within the scope of the Solution agreement. This may include, but is not limited to, a system with the ability to add other Agency programs as independent tenants as well as maintain compliance for each of these programs up to a not to exceed combined total of $150,000.00.

2.4 SCOPE OF WORK/SPECIFICATIONS

The objective of this project is to implement a secure and efficient digital fax solution for ORCAH. The solution must facilitate the sending of sensitive child abuse information up to data level 4.

2.4.1 Assumptions:

2.4.1.1 The solution is expected to function in a variety of environments including in-office and remote to support a hybrid workforce.

2.4.1.2 The user interface of the solution should be intuitively designed, requiring minimal training for staff members.

2.4.1.3 The vendor will provide comprehensive solution design documentation upon implementation.

2.4.2 Digital Fax Solution Requirements:

The solution:

2.4.2.1 Must support the secure transmission of information up to data level 4, ensuring the protection of sensitive and confidential information.

2.4.2.2 Must centralized management of an address book by business administrators, and end-user access must be limited to prevent inadvertent changes to fax numbers contained within the centralized address book.

2.4.2.3 Must be compatible with other approved state technology systems such as Microsoft Edge and other Microsoft Operating Systems.

2.4.2.4 Will ideally be browser-based and accessible in office and to remote workers.

2.4.2.5 Must accommodate multiple file types including but not limited to Microsoft Word and PDFs.

2.4.2.6 Must be able to accommodate a minimum of thirty (30) concurrent users.

2.4.2.7 Must have robust reporting capabilities are required to audit and validate the receipt of digital faxes, confirm sender identity, record the date and time of each transmission and error handling.

2.4.2.8 Must have roles-based security which will support functions such as: user performance reporting, searching of historical information such as previously sent faxes and reporting dashboards.

2.4.2.9 Must have the ability to self-manage users and user profiles.

2.4.2.10 Must support single sign on and integrate with the state of Oregon’s active directory architecture and support user authentication for compatibility with agency multifactor authentication and data security requirement Testing and/or training environment.

2.4.2.11 Must support incoming and outgoing transmissions.

2.4.2.12 Implementation Support and Maintenance

· Initial user account set up and onboarding.

· Authentication set up for staff.

· Initial on-boarding for the platform.

· Training and related resources

· Provide annual online and just in time training to all staff utilizing the software.

· Provide Agency limited use of presentation training materials, student notes/lecture guides (if any), and any other related materials as applicable.

· Project/package-based workflows

· Environment administration and package maintenance (system updates)

· Documentation

2.4.2.13 Delivery:

· Software licenses and technical support shall be delivered electronically.

Delivery shall be made such that software licenses and technical support are active for the full period of performance of services under resulting executed Contract.

2.4.3 Technical support shall include:

· Installation support

· Free updates to software and documentation to purchased products during the term.

· Maintenance and support for resolution of technical issues related to purchased.

products.

· Incident and issue tracking and resolution must be built out in such a way to support a 24/7 operation.

2.4.4 Project Management

· Successful Proposer shall provide all project management services necessary to complete the implementation of the Solution from kickoff meeting through closeout.

· Requires collaborative project management between successful Proposer, Agency staff, OHA Office of Information Services (OIS), and potential third parties.

2.4.5 Security

Must meet the standards of the information technology and security requirements set forth by Oregon’s Department of Administrative Services and the Agency, as set forth in Section 9 Security and Hosting Requirements under Attachment A, Agreement.

2.4.6 Ongoing Support and Maintenance

· Incident and issue tracking and resolution must be built out in such a way to support a 24/7 operation.

· Provide interactive live support.

· Provide on-demand remote phone support during Support hours.

· Upgrade software when a new version is available.

· Have a daily backup to mitigate data loss.

2.4.7 Availability

· System availability and Hosting Services will be available 24 hours a day, 7 days a week, excluding pre-approved downtime for maintenance (99.9%).

· If Services will be unavailable during approved maintenance outage time periods, a notification at user log-on should specify why the Services are down, and when it is expected to be operational.

· Forty-eight (48) hours advanced written notice of scheduled downtime should be provided to Agency.

· Scheduled downtime should have limited interference with Agency business.

· Scheduled downtime should be between 1:00am and 4:00am Monday-Sunday (Pacific Time) unless approved in advance by Agency.

2.4.8 Deliverables:

2.4.8.1 Implementation of, and thoroughly tested digital fax solution.

2.4.8.2 Project and Implementation Plan and associated Schedule.

2.4.8.3 Test plan and findings.

2.4.8.4 System design architecture documentation.

2.4.8.5 Business design documentation which includes system configuration.

2.4.8.6 End user guides for the various roles within the platform.

2.4.8.7 Any available training materials to aid in staff onboarding and usage.

2.4.9 Project Management:

2.4.9.1 Regular status meetings will be conducted to review progress, discuss challenges, and strategize solutions.

2.4.9.2 Ongoing communication with the selected vendor is essential to ensure alignment with project goals and timelines.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.1.1 BUSINESS

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

· Proposer must have successfully implemented at least three (3) instances of the platform in government sectors and provide references .

· 2. Proposal must address each of the items listed in this section and all other requirements set forth in this RFP.

· 3. Proposer must have authority to transact business in Oregon. Please see Secretary of State business registration requirements: https://sos.oregon.gov/business/Pages/doing-business-means.aspx

3.1.2 TECHNICAL

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

· Compliance with the above 2.4 Scope of Work/Specifications Requirements.

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. Cost information must be submitted as a separate electronic file.

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 Pre-Offer Conference

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

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

Offeror shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Offeror and submitted with the Offer prior to opening.

3.4.3 Costs

Submit a Cost Sheet (Attachment E) electronically through OregonBuys stating the price for what is being requested. Include in the cost amount all the additional related labor and material expenses.

3.4.4 Public Record/Confidential or Proprietary Information

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

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

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

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.

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

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

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.

3.5.2.1 Evaluation Item 1 (Functional and Technical Requirements)

· How well does the Proposal reflect meeting the Functional and Security requirements identified in Section 2.4 Scope of work/Specification?

3.5.2.2 Evaluation Item 2 (Project Implementation Plan)

· How well does the Implementation Plan describe the activities, tasks and deliverables for the work required to implement a successful solution?

· Is the impact to agency resources supporting implementation to a cloud solution minimal? Is the timeline/schedule sufficient?

· How well do the Training services fit Agency’s need?

3.5.2.3 Evaluation Item 3 (References)

· How well do the references support the Proposer’s ability to deliver a viable solution access and accompanying services outlined in the RFP?

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:

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 Oregon Supplies and Services

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

3.8.2 Recycled Materials

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

3.8.3 Tiebreakers

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

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:

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 B 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

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

SECTION 5: ADDITIONAL INFORMATION

5.1 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.

5.2 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://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.

5.3 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.

5.4 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).

5.5 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.

5.6 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.

5.7 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.

5.8 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)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A

SAMPLE CONTRACT

ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C

OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D

REFERENCE CHECK FORM

ATTACHMENT E

COST SHEET

ATTACHMENT F

COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G

RESPONSIBILITY INQUIRY

DAS Procurement Services, Version 4 - March 31, 2023