S-10000-00009599 RFP Main Document.pdf

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STATE OF OREGON

COVER PAGE

Oregon Department of Human Services

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10000-00009599 for

ONLINE VIRTUAL TRAINING DEVELOPMENT

Date of Issue: February 27, 2024

Opening Date and Time: April 1, 2024 at 3:00PM (PST)

Single Point of Contact (SPC): Coral D. Ford, Procurement and Contract Specialist 3

Address: 500 Summer Street NE, E-03

City, State, Zip Salem, Oregon 97301

Phone (voice) (503) 508-6471

E-mail: coral.d.ford@odhsoha.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.

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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 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 PROPOSAL DELIVERY OPTIONS

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6 PROPOSAL DUE

4.7 PUBLIC OPENING

4.8 PROPOSAL REJECTION

4.9 EVALUATION PROCESS

4.10 POINT AND SCORE CALCULATIONS

4.11 RANKING OF PROPOSERS

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

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK 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, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Proposals for the development, organization, management, and provisions of state-of-the-art training in a digital, on-demand format as part of the Employment First Initiative.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section. Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be May 1, 2024 through March 31, 2025, with options to renew up to a cumulative maximum of 5 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 RFP.

Event Date Time

Pre-Proposal Conference March 13, 2024 1:00PM-2:00PM

Questions / Requests for Clarification Due March 13, 2024 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.)

March 15, 2024

Opening (Proposal Due) See RFP cover page

Opening of Proposal April 2, 2024 9:00 AM

Issuance of Notice of Intent to Award (approx.)

April 26, 2024

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

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 under the authority of the Department of Administrative Services (DAS) delegation 649-11 (as amended), “ODHS Non-Client Services Tiered Delegation”.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised

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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 OAR 125-246-0110 or as defined below.

2.2.1 Articulate 360 is a holistic suite of interconnected apps for e-learning from authoring, to sourcing assets, to collaborating, to training.

2.2.2 Competitive Integrated Employment “Competitive Integrated Employment” has the meaning as defined in OAR 411-345- 0020.

2.2.3 Evidence-Based Practices means well-defined best practices, which have been demonstrated to be effective by multiple peer-reviewed research studies specific to the relevant population or subset of that population and is specific to on-demand training development and adult learning theory.

2.2.4 Employment First Initiative means the state policy and strategic initiative that expects Integrated Employment is the first option available to people with intellectual or developmental disabilities.

2.2.5 Employment Professional means an employee of a Provider agency or an independent Provider who has the qualifications and training to provide employment services under OAR Chapter 411, Division 345, including Individual Employment Support, Small Group Employment Support, Discovery, or Employment Path Services.

2.2.6 I/DD means Intellectual and or Developmental Disabilities.

2.2.7 Intellectual Disability has the meaning as defined in OAR 411-317-0000 (106).

2.2.8 Job Coach means a Provider who provides support for an Individual to maintain or advance in a job in a Competitive Integrated Employment setting in the general workforce, including Customized Employment or self-employment.

2.2.9 Job Development means a process of finding the "right" job that matches an Individual’s interests, skills, and abilities where they work the number of hours consistent with their employment goals. Jobs may be working for a community employer or working for self (self- employed).

2.2.10 ODDS means the Office of Developmental Disabilities Services.

2.2.11 ODE means Oregon Department of Education.

2.2.12 ODHS means the Oregon Department of Human Services.

2.2.13 Provider means a public or private community agency, organization, independent contractor, or independent Provider who provides recognized

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2.2.14 Web Content Accessibility Guidelines or (WCAG) are web content accessibility guideline standards that have been developed through the W3C process in cooperation with individuals and organizations around the world with a goal of providing a single shared standard for web content accessibility that meets the needs of individuals, organizations and governments internationally.

2.2.15 Work means the tasks or services and deliverables accepted by ODHS that will be described in the Statement of Work agreed to in the resultant Contract.

2.2.16 Workday Learning means the Agency’s learning management system (LMS).

2.2.17 Work Product means every invention, discovery, work of authorship, trade secret or other tangible or intangible item and all intellectual property rights therein that Contractor is required to deliver to the Agency pursuant to the Work.

2.3 OVERVIEW AND PURPOSE

2.3.1 American Rescue Plan Act (ARPA) Overview and Background

Covid-19 has had an extremely negative impact on capacity for all services in the I/DD system. Prior to Covid, there were areas of the state that needed additional Provider capacity which was made worse by the pandemic. Agency has received funding from the ARPA for one-time expenditures in response to the negative impact of COVID-19 on capacity for all services within the Agency system.

2.3.2 Agency Overview and Background

The Oregon Department of Human Services, Office of Developmental Disabilities Services, is a government agency whose purpose is to help Oregonians achieve well-being and independence through opportunities that protect, empower, respect choice and preserve dignity, especially for those who are least able to help themselves.

2.3.3 Project Overview and Background

Agency is committed to the goal of achieving and expanding the competitive and Integrated Employment of people with I/DD as defined in OAR Chapter 411 Division 345. The provision of training and other support services is an important strategy to improve and sustain employment results for people with I/DD now and into the future.

2.3.4 Purpose

The purpose of this project is for the successful Proposer to work with Agency to develop training modules, and related materials that will educate ODDS Providers, and

Employment Professionals to provide ODDS supported employment services. The training modules will include the established and adopted components related to the

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Introduction to Supported Employment curriculum . Due to the curriculum being proprietary, it is not available for public posting, but will be made available by Agency to the awarded Contractor upon execution of the Contract. The training content is fully developed for a classroom setting and needs to be converted to an online learning format compatible with Agency’s learning management system, Workday Learning. The successful Proposer will design, create and develop on-demand versions of existing modules originally designed for live, classroom style settings for prospective Employment Professionals; Work Product developed by the Proposer awarded a Contract as a result of this RFP is subject to the terms and conditions as set forth in the Sample Contract.

2.4 SCOPE OF WORK/SPECIFICATIONS

The scope of the Contractor services and deliverables for the Contract is described in this section. The parties will negotiate the final Statement of Work to be included in the Contract. The successful Contractor will:

2.4.1 Introduction to Supported Employment Training Development – General Requirements

Contractor will develop state-of-the-art online training for Agency using current and favorable adult learning practices and educational methods.

The audience for the training developed by the Contractor will be ODDS Providers, Employment Professionals, including those who are interested in becoming ODDS Employment Professionals. Contractor will build upon existing Agency materials in the development of all training.

Contractor will develop an estimated 25 hours of content into approximately twenty

(20) modules as determined by Contractor and ODDS. This will require updating and converting content to be compatible with Agency’s learning management system, Workday Learning. Contractor will include storyboards for each module to be approved by ODDS.

All training materials developed by Contractor will be the Work Product of Agency and be delivered to Agency in an unlocked or unprotected, modifiable format.

Contractor will advise and provide guidance to Agency about design development related to Web Content Accessibility Guidelines “WCAG”, adult learning theory, and instructional design.

Training curriculum must:

• Be interactive and engaging.

• Meet the needs of different adult learning styles (e.g., visual, auditory, and kinesthetic).

• Be compatible with Workday Learning, the Agency’s learning management system.

• Be developed with Articulate Storyline 360.

• Meet the most current WCAG standards and Section 508 of the Rehabilitation

Act of 1973.

• Be developed using the most current practices related to adult learning theory and instructional design.

• Include an evaluation component to determine effectiveness of training for

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Agency and participants.

• Include Evidence-Based Practices when applicable and available.

• Incorporate existing Agency policies, as provided by the Agency via storyboard, PowerPoint, content outline or other content sources and have the ability to be updated by Agency with new policies as required by federal programs, state, or Agency.

2.4.2 Introduction to Supported Employment Training Development

Training must include:

• Online components that will prepare training participants with the necessary knowledge, tools and skills to support Individuals with I/DD to pursue Competitive Integrated Employment in Oregon.

• Utilization of all or part of existing Agency curriculum as directed by agency.

• Advanced online training focused on Job Coaching and other supported employment services with content provided by the Agency.

• Information and training on participatory roles for Providers.

2.4.3 Organizational Structure

Contractor must have a designated project manager or key persons who will serve as the primary contact and spokesperson for the Contractor’s Work.

Contractor’s project manager or key person shall have minimum of three years’ experience developing online training modules.

2.4.4 Communications and Reporting

Contractor will prepare and deliver written reports and be available to meet virtually with Agency at least once every month on the progress of Contractor’s curriculum development and training delivery.

All communications regarding deliverables and Work product of the Contract will be coordinated with the Agency.

2.4.5 Schedule for Delivery

The timeline for training development and delivery during the Contract period will include:

• Contractor will develop all training materials by March 31, 2025, unless Contract is amended for more time.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposer must demonstrate how Proposer meets all requirements of this section:

3.1.1 Must have the resources and capability to begin Work under the Contract within two weeks of Contract execution.

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3.1.2 Must have a designated project manager or key person who will serve as the primary contact and spokesperson for Contractor’s Work. Contractor’s project manager or key person shall have a minimum of three years’ experience developing online training modules, and curriculum development.

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):

• Disclosure Exemption Affidavit (Attachment B) - only if it applies to your Proposal.

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E) – only if it applies to your Proposal.

• Responsibility Inquiry (Attachment F)

• Management Plan Business Experience, Key Persons and Resumes

• Training Development and Delivery

• Communications and Reports

• Work Samples

• Price Proposal

3.2.2 Proposal Page Limits

There are no page limits. Agency requests that Proposers keep their responses clear and concise to respect the time of the Evaluation Committee.

3.2.3 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.

Proposer should submit its Proposal electronically through OregonBuys.

The Price Proposal must be submitted as a separate electronic file than the rest of the required Proposal documents.

Proposer shall submit one 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, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). 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). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

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

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3.2.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

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 required information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

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

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.2 References

Proposer will provide three (3) references from current or former customers for work performed within the last five years. References must not be from the Oregon Department of Human Services or the Oregon Health Authority.

Proposer will send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the Reference and sent to the SPC at the address on page 1 of the RFP. Reference forms must be received by the SPC prior to RFP Closing.

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.

3.3.3 Price Proposal

Proposer will provide in a separate electronic file:

o The all-inclusive price for each deliverable identified in Proposer ’s Section 3.3.4 Management Plan.

o The total price for all deliverables (which Agency will use to evaluate the price

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o A budget narrative, as needed.

3.3.4 Management Plan

Proposer will provide a detailed plan of how Proposer will accomplish the Work described in Section 2.4, such as the Tasks; Deliverables; Timelines; and what Key Person(s) will be assigned to each Task and Deliverable.

3.3.5 Business Experience, Key Persons and Resumes

3.3.5.1 Describe Proposer’s experience providing on-demand, digital training modules, equivalent to the Scope of Work of this RFP.

3.3.5.2 Describe the designated project manager’s or key persons experience in understanding and addressing the various learning styles of individuals and using adult learning theories.

3.3.5.3 Provide a current resume for each project manager or key person that demonstrates the qualifications and experience described by Proposer.

Resumes of project managers or key persons may not be combined to meet the requirement for the three years’ experience.

3.3.5.4 Provide a copy of Proposer’s Organizational Chart.

3.3.5.5 Provide an example that demonstrates Proposer’s experience balancing multiple project priorities with strict deadlines.

3.3.5.6 Describe what project management tools they intend to use for this project.

3.3.6 Training Development and Delivery

3.3.6.1 Describe how Proposer would carry out the general requirements for training development as described in the Scope of Work.

3.3.6.2 Describe Proposer’s plan for meeting Agency’s training development and delivery schedule during the initial Contract period. Illustrate how Proposer’s plan will accomplish the Work.

3.3.6.3 Describe Proposer’s experience in designing online, computer-based training and modules with evaluation activities. Describe Proposer’s experience using Articulate Storyline 360.

3.3.6.4 Describe the training strategy, methodology, or technology Proposer will use to address the wide variety of topics, demographics, and audiences described in this RFP. Briefly describe how Proposer’s strategies, methodologies, or technologies will be efficient and effective for Agency and stakeholders statewide.

3.3.6.5 Describe how Proposer will determine the media formats for its technical and training materials. How will Proposer ensure those formats meet the needs of the training audience?

3.3.6.6 Describe the sustainable evaluation process that will be developed by

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Proposer to demonstrate the effectiveness of Proposer’s curriculum development efforts. Describe Proposer’s plan for reporting to Agency the results of its evaluation methods.

3.3.6.7 Describe how Proposer will ensure the final product will be compatible with the Agency’s learning management system, Workday Learning.

3.3.7 Communications and Reports

3.3.7.1 Describe Proposer’s plan for communicating with Agency during the Contract term.

3.3.7.2 Describe Proposer’s plan for providing Technical Assistance to Agency.

3.3.8 Work Samples

Submit three Work Samples through a website link (please ensure that links work on your pdf document submitted through OregonBuys) to demonstrate Proposer’s experience creating curriculum and developing training within the last five years with Articulate Storyline 360. Proposer shall provide a brief narrative of each chosen project, explaining the purpose or use, how Proposer provided customer service to end-users and the process and resources Proposer used to develop each one.

3.3.9 Responsibility Inquiry

Proposer shall complete and submit Attachment F- Responsibility Inquiry with Proposal.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project;

https://oregonbuys.gov/

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• Explain the RFP process; and

• Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by going to the following link:

Join ZoomGov Meeting https://www.zoomgov.com/j/1601695001?pwd=eXdoWGRmOFZueFlyUFNwR0g3clpUdz09

Meeting ID: 160 169 5001 Passcode: 989484

Interested parties may contact the RFP SPC for call in information.

For people who speak or use a language other than English, or those that need additional support, Agency provides free help to participate in the meeting. Please contact the RFP SPC to connect to these additional resources.

4.3 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 delivered to the SPC via an OregonBuys submission, email, or hard copy;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP 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 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. 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.

A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov.

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf https://www.zoomgov.com/j/1601695001?pwd=eXdoWGRmOFZueFlyUFNwR0g3clpUdz09 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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4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.6 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

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

A late Proposal will be returned to the Proposer or destroyed.

4.7 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.8 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 persons authorized by the SPC, 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 Amendment(s).

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4.9 EVALUATION PROCESS

4.9.1 Responsiveness and Responsibility Determination

4.9.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). 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 125-247-0470.

4.9.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment F) with Proposal.

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

4.9.2 Evaluation Criteria

Agency’s Evaluation Committee will use the following scoring methodology when evaluating Proposals:

Score Explanation 100% OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

60 – 99%

VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

50- 59%

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

10 – 49%

FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0-9% RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

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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 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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.

4.9.2.1 Management Plan Evaluation

• How well does Proposer provide a detailed plan of how Proposer will accomplish the Work?

• How well did Proposer provide the Tasks, Deliverables, Timelines and Key Persons assigned to each Task and Deliverable?

4.9.2.2 Business Experience, Key Persons and Resumes Evaluation

• How well does Proposer’s business experience meet the needs of

Agency? How well does Proposer’s business experience equal the specifications in the Scope of Work?

• How relevant to the Scope of Work is the experience of the Proposer’s project manager or key person? How well does the experience of the project manager and the key persons meet the needs of Agency?

• How well does Proposer understand Oregon’s service delivery system?

• How well is Proposer’s Organization Chart demonstrated?

• How well does Proposer’s examples demonstrate that they understand how to manage multiple project priorities and strict deadlines?

• How well does Proposer describe what project management tools they intend to use for this project?

4.9.2.3 Training Development and Delivery Evaluation

• How well does Proposer’s description of the training development general requirements demonstrate Proposer’s understanding of Agency’s needs?

• How well does Proposer’s plan for training development and delivery meet the needs of Agency? How well does the Proposer understand the importance of WCAG and Section 508 as part of its development process? How well does the plan illustrate Proposer’s ability to accomplish the Work?

• Does Proposer have sufficient experience using Articulate Storyline 360?

How well does Proposer’s experience designing online, computer-based training meet the needs of Agency?

• How well does Proposer describe its ability to address the wide variety of topics, demographics, and audiences? How efficient and effective will Proposer’s strategies, methodologies, or technologies be for Agency and Stakeholders?

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• How well will Proposer’s coordination of training delivery demonstrate the required consistency across various groups and locations?

• How well does Proposer describe its methods for determining media formats? How well do Proposer’s methods meet the needs of the training audience? Do Proposer’s course design methods meet the need of Agency?

4.9.2.4 Communications and Reports Evaluation

• How well will Proposer’s evaluation methods demonstrate effectiveness? How well does Proposer’s plan for reporting evaluation results meet the needs of Agency?

• How well does Proposer describe its plan for communicating with Agency? Does the plan meet Agency’s needs?

4.9.2.5 Work Sample Evaluation

• How well does Proposer’s Work samples demonstrate the experience Agency needs for developing training?

4.9.2.6 References Evaluation

• How similar are the types of services Proposer provided for the Reference to the services required by the Scope of Work?

• How acceptable to Agency was the Reference’s satisfaction with Proposer’s services to Agency?

4.9.3 PRICE EVALUATION

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

4.9.3.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.9.3.2 Tiebreakers

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.

https://www.naspo.org/reciprocity1

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4.10 POINT AND SCORE CALCULATIONS

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

4.11 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.

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

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

TOTAL POINTS POSSIBLE: 100

TECHNICAL PROPOSAL POINTS POSSIBLE 90

4.9.2.1 Management Plan 15

4.9.2.2 Business Experience, Key Persons and Resumes 20

4.9.2.3 Training Development and Delivery Evaluation 30

4.9.2.4 Communications and Reports Evaluation 5

4.9.2.5 Work Sample Evaluation 15

4.9.2.6 References Evaluation 5

4.9.3 PRICE PROPOSAL POINTS POSSIBLE 10

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4.11.1 Competitive Range Determination

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.

4.12 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, will 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 of Work described in this RFP.

5.1.2 Intent to Award Notice

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(s) who are 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 C of Attachment A.

5.2.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) 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.

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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.

5.2.4 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 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.

5.2.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its 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 that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

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 . If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying 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).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. 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.

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

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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

• Choice of law

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

If Proposer intends to subcontract, Proposer shall submit a completed Certified Disadvantaged Business Outreach Plan (Attachment E) with Proposal.

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 6.2 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 records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine 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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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, except in the case of Proposals that were submitted late and rejected by Agency.

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 any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract award, or the rejection of any Proposal.

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with 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, and 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 described in this RFP and the subsequent Contract. (ORS 279B.025) https://www.oregon.gov/das