S-10000-00009665 - Request for Application RFA.pdf

STATE OF OREGON

COVER PAGE

Oregon Department of Human Services for its

OFFICE OF VOCATIONAL REHABILITATION SERVICES

is issuing this Request for Application under OregonBuys Bid Solicitation S-10000-00009665 for

IMPARTIAL HEARINGS OFFICERS

Date of Issue: March 8, 2024

Opening Date: December 31, 2029 at 3:00 PM Pacific

Single Point of Contact (SPC): Kathy McKenzie, Procurement Specialist ODHS Office of Contracts and Procurement

Address: 500 Summer Street NE E03 City, State, Zip: Salem, Oregon 97301 Phone: (971) 208-4141 E-mail: Kathy.J.Mckenzie@odhsoha.oregon.gov

You can get this document in other languages, large print, braille, or a format you prefer free of charge. Contact the Single Point of Contact (SPC) at the contact information found above. We accept all relay calls.

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.”

OregonBuys Bid Solicitation S-10000-00009665 Impartial Hearings Officer

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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 OREGONBUYS

2.4 OVERVIEW AND PURPOSE

2.5 SCOPE OF WORK/SPECIFICATIONS

2.6 COMPENSATION FOR SERVICES PROVIDED

SECTION 3: APPLICATION REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 APPLICATION REQUIREMENTS

3.5 APPLICATION REVIEW AND DECISION

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 CONTRACT NEGOTIATION

4.3 SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

5.7 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

6.1 Attachment A “Application and Certification”

6.2 Attachment B Sample Contract

https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4 https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Human Services (ODHS) and its Office of Vocational Rehabilitation Services (VR), hereinafter referred to, collectively, as Agency, is soliciting Applications from qualified Applicants who meet minimum qualifications and are willing to serve as Impartial Hearings Officers to resolve disputes between VR and its applicants, clients, and former clients.

Most disputes arise because an individual disagrees with a decision concerning the furnishing or denial of vocational rehabilitation services. In such cases, the affected individual may request a hearing.

Qualified Contractors, selected through this RFA, will serve as IHOs to conduct the hearings in accordance with the following: the Federal Rehabilitation Act of 1973, as amended (29 U.S.C.

701 et seq), and its implementing regulations (34 CFR 361); Oregon’s Administrative Procedures Act (ORS Chapter 183); VR Administrative Rules (OAR Chapter 582, Division 20);

and Agency Policy. Although legal counsel may represent the Agency at hearings, generally a designated Agency employee represents the Agency at such proceedings. Clients may represent themselves at hearing or elect to be represented by counsel or a lay advocate of their choice.

The individual and the Agency may also resolve the issues informally or through mediation before the hearing.

IHOs are assigned to cases from a pool on a rotational basis unless the Agency and the individual both agree to another choice from the pool.

The Agency will pay qualified Contractor rates of pay established by the Agency, and the Agency makes no guarantee of referrals or the amount of Work to be referred to any Contractor for Services.

The Agency anticipates the award of more than one Contract from this RFA and will award Contracts to all qualified Applicants. The initial term of the awarded Contract is anticipated to end on June 30, 2026, with options to renew in two-year increments to a cumulative maximum of six years. Firms, associations, organizations, and other organized groups are not allowed to collectively be an IHO. Each potential IHO shall submit their own Application and be processed by the Agency individually. In some situations, a collective Contract may be available for multiple IHOs that have been awarded to members of a collective organization.

Since the qualifications and requirements of the two RFA’s are the same or substantially similar, those who applied and were accepted and awarded Contracts for IHO services under the provisions of RFA S-10000-00000839, and are currently under Contract with the Agency to provide IHO services, have been determined to be Responsive to, and to have successfully met the qualifications and requirements of, this RFA S-10000-00009665, and no Application is necessary to continue to be eligible to provide IHO services under its terms.

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.

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Event Date Time

Date of Issue and available for Application Refer to Cover Page

Questions or Requests for Clarification (refer to paragraph 3.3.2)

Ongoing while the RFA is open and available for receiving Applications.

Ongoing Application Opening Dates (refer to paragraph 3.3.4)

During the first full week of every month in which Applications were received in the previous calendar month.

Final Application Open Date and Time (refer to paragraph 3.3.5)

December 31, 2029 3:00 PM Pacific

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. Applicant 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 Request for Application method set forth in DAS Class Special Procurement SP 826-16/REQ-DA SOBO-00019979, as amended.

2.2 DEFINITION OF TERMS

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

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110. Definitions specific to the OregonBuys system are in subsection 2.3 “OregonBuys,” below

2.2.1 “Applicant” means a potential Contractor of Services who has submitted an Application to the Agency pursuant to this RFA with the goal of providing Impartial Hearings Officer services for the Agency. The Agency will review and consider Responsive Applications from Responsible Applicants that can provide Impartial Hearings Officer services pursuant to the terms and conditions of subsection 2.5 “Scope of Work/Specifications.”

2.2.2 “Application” means the completed Attachment A “Application and Certification” including resumés, that support the minimum qualifications of this RFA (refer to subsection 3.1). The Application is submitted to the Agency through OregonBuys (refer to paragraph 3.3.3) for the Agency’s review and approval or denial.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

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2.2.3 “Client” means an individual that disagrees with the Agency decision concerning provision, reduction, suspension, denial, or termination of vocational rehabilitation services, and who requests to resolve the issue through mediation or hearing.

2.2.4 “Contract” means the binding agreement negotiated between the parties for particular Services that a Contractor is to provide pursuant to its terms and conditions. In this case, the term “Contract” refers specifically to IHO services.

2.2.5 “Contractor” means an Applicant that has been awarded a Contract for IHO services by the Agency under the terms and conditions of this RFA.

2.2.6 “Impartial Hearings Officer” “Hearings Officer” and “IHO” are synonymous terms for purposes of this RFA and have the meaning of an Impartial Hearings Officer as set forth in the Federal Code of Regulations (CFR), 34 CFR 361.5(c)(24), as follows:

“(24) Impartial hearings officer – (i) Impartial hearing officer means an individual who -

(A) Is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education);

(B) Is not a member of the State Rehabilitation Council for the designated State unit;

(C) Has not been involved previously in the vocational rehabilitation of the applicant or recipient of services;

(D) Has knowledge of the delivery of vocational rehabilitation services, the vocational rehabilitation services portion of the Unified or Combined State Plan, and the Federal and State regulations governing the provision of services;

(E) Has received training with respect to the performance of official duties;

and

(F) Has no personal, professional, or financial interest that could affect the objectivity of the individual.

“(ii) An individual is not considered to be an employee of a public agency for the purposes of this definition solely because the individual is paid by the agency to serve as a hearing officer.”

2.2.7 “Notice to Proceed” or “NTP” means the referral instrument issued by the Agency to the Contractor which is used to authorize and specify the particular IHO services VR requires.

2.2.8 “Services” mean the specific Work that a Contractor performs in providing Impartial Hearings Officer services as specified in the NTP issued by the Agency, and in accordance with terms and conditions of the Contract issued by the Agency for IHO services.

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2.3 OREGONBUYS

OregonBuys is the only delivery option permitted for this RFA (refer to paragraph 3.3.3 “Application Delivery Options”). Applications, referred to as “Quotes” in OregonBuys, should be submitted electronically through OregonBuys at: https://OregonBuys.gov/bso

You do not need to be registered in OregonBuys to view a Solicitation; but you do need to be registered as a “Vendor” to download and respond to the RFA.

2.3.1 OregonBuys Guidelines

2.3.1.1 For assistance with OregonBuys (Vendor Help Desk):

Email: suppliersupport@periscopeholdings.com Phone: 1-855-800-5046

2.3.1.2 For information on how to register as a Vendor in OregonBuys:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf

2.3.1.3 For guidelines on how to find an open or closed Bid Solicitation in OregonBuys:

https://www.oregon.gov/das/ORBuys/Documents/How%20to%20find%20open%20 or%20closed%20bids.pdf

2.3.1.4 Detailed instructions on how to submit an Application (“Quote”) in OregonBuys:

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

If the above-links are not an option, obtain the information through the Vendor Help Desk (refer to subparagraph 2.3.1.1), or contact the SPC.

2.3.2 Terminology specific to OregonBuys:

2.3.2.1 “Amendment” means a change to the RFA, which is considered a type of Bid Solicitation. An Amendment to this RFA has the same meaning as “Addendum” or “Addenda.” Modifications to this RFA, if any, will be made by written Amendment and posted in OregonBuys.

Answers to Questions or Requests for Clarification may be posted as an Amendment or part of an Amendment in OregonBuys.

2.3.2.2 “Bid Availability Date” means the date and time this Bid Solicitation will be visible in OregonBuys for Applicants/Vendors to view and download the Application and submit responses.

2.3.2.3 “Bid Solicitation” or “Bid” is a generic term in OregonBuys that refers to different types of solicitations. This Request for Application, or RFA, is a type of Bid Solicitation.

OregonBuys uses the generic term “Bid Solicitation” to refer to all types of solicitations in OregonBuys.

https://oregonbuys.gov/bso mailto:suppliersupport@periscopeholdings.com https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf https://www.oregon.gov/das/ORBuys/Documents/How%20to%20find%20open%20or%20closed%20bids.pdf https://www.oregon.gov/das/ORBuys/Documents/How%20to%20find%20open%20or%20closed%20bids.pdf 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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2.3.2.4 “Final Opening Date and Time” means the date and time after which Applications will no longer be accepted by the Agency or OregonBuys under the authority of this Request for Application.

2.3.2.5 “Quote” is a term in OregonBuys that means a response to any type of Bid Solicitation.

The response to this RFA, the Application, is known as the Quote in OregonBuys. In most cases, OregonBuys uses the generic term “Quote” to refer to all responses to most types of Bid Solicitations.

2.3.2.6 “Vendor” is a term in OregonBuys that means the public or private entity that registered in OregonBuys to download and respond to a Bid Solicitations, or to view awarded contracts and agreements. The Applicant is known as the Vendor in OregonBuys.

2.4 OVERVIEW AND PURPOSE

The Agency is required to maintain an administrative dispute resolution appeals process.

Independent contractors serve as IHOs. Since VR is excused by State statute from using the Office of Administrative Hearings (OAH), maintaining a roster of independent IHOs is necessary for the Agency to be in compliance with the federal Rehabilitation Act of 1973 (as amended).

The purpose of this RFA is the selection of IHOs to provide services on a rotating basis to the Agency’s Clients when needed.

The Agency makes no guarantee of the number of referrals or the amount of Work to be referred to any Contractor for Services.

2.5 SCOPE OF WORK/SPECIFICATIONS

2.5.1 General Provisions

2.5.1.1 Hearings must be conducted and final decisions issued by the Contractor in accordance with the following:

2.5.1.1.1 the Federal Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq), and its implementing regulations (34 CFR 361);

2.5.1.1.2 Oregon’s Administrative Procedures Act (ORS Chapter 183);

2.5.1.1.3 Oregon Administrative Rules (OAR Chapter 582, Division 20); and

2.5.1.1.4 Published ODHS and VR Policies and Procedures.

2.5.1.2 Contractor shall observe high standards of conduct, thereby preserving the integrity, impartiality, and independence of the hearing process.

• Contractor shall meet Contract requirements in a manner that promotes public confidence in the hearings process.

• Contractor shall not commit a criminal act, nor shall Contractor engage in any conduct involving dishonesty, fraud, deceit, or misrepresentation.

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• Contractor shall not engage in conduct that reflects adversely on Contractor’s character, competence, temperament, or fitness to serve as an IHO.

• Contractor shall not allow family, social, or other relationships to influence the hearing process.

2.5.1.3 Contractor shall notify the Agency’s Contract Administrator immediately in writing if Contractor no longer qualifies to serve as an IHO under 34 CFR 361.5(c)(24), either generally or in a particular case.

2.5.1.4 Contractor shall submit reimbursement requests on a timely basis in the manner required by the Contract, and shall be a diligent steward of the public funds spent on the process of impartial fair hearings.

2.5.2 Assignment of Work

2.5.2.1 The Agency Contract Administrator will assign cases from the pool of IHO Contractors under Contract to the Agency, in order, on a rotational first-in first-out basis, unless the Agency and the Client both agree to a specific choice of an IHO from the pool.

2.5.2.2 The Agency Dispute Resolution Coordinator will issue a Notice to Proceed (“NTP”) to the selected Contractor authorizing the service to be performed. The NTP will contain any special or specific terms and conditions relative to the Work being assigned.

2.5.2.3 Acceptance/Not Acceptance:

2.5.2.3.1 If accepting, Contractor shall acknowledge receipt of the NTP and acceptance of the assignment by contacting the Agency Dispute Resolution Coordinator within 3 business days from receipt of the NTP.

2.5.2.3.2 If not accepting, Contractor shall immediately contact the Agency Dispute Resolution Coordinator upon receipt of the NTP and advise them of their non-acceptance of the assignment.

2.5.2.3.3 If acknowledgement of the NTP is not made to the Agency Dispute Resolution Coordinator within the stated time frame, the Agency may consider the Contractor as declining the assignment, whereupon the Agency may withdraw the NTP from the Contractor and assign the Work to the next Contractor due an assignment in the IHO pool.

2.5.3 Conducting Hearings and Reporting Decisions:

2.5.3.1 Upon acceptance of the NTP, Contractor shall start performance by contacting the parties and notifying them of the pre-hearing conference and hearing dates, such notification(s) to include the time and place for each event. Contractor shall hold timely hearings as required by 34 CFR 361.57(e) and OAR Chapter 582, Division 20. Where the timeliness of the Client request for hearing is an issue, Contractor shall follow the decision-making process for this topic as set forth in OAR Chapter 582, Division 20.

2.5.3.2 In conducting the hearing, Contractor shall define the issues, receive and consider all relevant and reliable evidence, and ensure an orderly presentation of the evidence and issues. All decisions of the IHO, including the final order and required accompanying

Request for Application (RFA) (5859) v4 / l.thomas Page 9 of 18 materials, must be submitted by the Contractor to the Agency Dispute Resolution Coordinator no later than thirty (30) calendar days after the completion of the hearing, as required by 34 CFR 361.57(e)(3), unless the parties agree to an extension for a specific time, in writing, as provided by OAR 582-020-0035(11). Failure to complete the final order within the 30 calendar day time frame, or the specific time extension in writing, may be grounds for Contract termination.

The final order must meet the requirements of applicable law and regulation, and include a full written report of the findings and grounds for the decision. The final order shall be a comprehensive written statement, fully describing the issues raised at the hearing, the IHO’s findings, the evidence presented at the hearing supporting these findings (all pertinent laws, regulations and policies), the conclusions of the IHO, and the grounds for those conclusions. Final orders shall be written in plain language understood by Clients and staff. Contractor shall provide copies of the final order to: the Client; the individual who represented the Agency in the hearing process; and the Agency’s Dispute Resolution Coordinator.

2.5.3.3 Contractor shall audio record the hearing proceedings and shall assemble the records of each hearing. At the time Contractor issues the final order, Contractor shall provide to the Agency Dispute Resolution Coordinator the entire record of the hearing, the original audio recording of the proceedings, and an electronic copy of the final order. In addition, at the time the Contractor issues the final order, Contractor shall e-mail to the Agency’s Dispute Resolution Coordinator a copy of the full final order as an attachment to an email in Microsoft Word format.

2.5.3.4 Contractor acknowledges and agrees that the Client and VR may resolve a dispute informally or through mediation prior to a hearing. If such a case has been assigned to and accepted by Contractor, Contractor shall follow procedures specified by the Agency, pursuant to federal and Oregon statutes and rules, and the Oregon’s Administrative Procedures Act, to complete the disposition of the assigned hearing request.

2.5.4 Training.

At the discretion of the Agency, Contractor may be required to participate in a maximum of twelve (12) hours of training each calendar year provided by the Agency that addresses ODHS, VR, and the federal and state rules or policies governing the provision of services by VR relative to services provided under this Contract.

2.5.5 Contractor shall:

2.5.5.1 Furnish all labor, materials, equipment, and incidentals that are required to perform the Work. Contractor shall possess all necessary licenses, certificates, authorizations, and other approvals required by law or rule for performing the Work.

2.5.5.2 Be responsible for their own transportation to and from the assignment location. If Contractor’s personal vehicle, a rental vehicle, or other hired or loaned vehicle is used at any time for any reason, Contractor shall obtain, at their own expense, Automobile

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Liability Insurance at limits, terms and conditions set forth in Exhibit C “Insurance Requirements” of Attachment B “Sample Contract” prior to first-use. If at no time a Contractor’s personal vehicle, rental vehicle or other hired or loaned vehicle will be used in the provision of services, no Automobile Liability Insurance shall be required.

2.6 COMPENSATION FOR SERVICES PROVIDED

2.6.1 Effective on February 1, 2024, a rate equal to $175.00 per hour, payable in 15-minutes units or increments of $43.75 each, shall be paid to the Contractor for ongoing IHO Work, including to review documents, make telephone calls, email or mail correspondence, conduct the prehearing conference, attend and conduct the hearing, develop and issue the final order in writing, etc.

Administrative time is not a chargeable cost to the Agency, such as developing invoices;

cover letters accompanying invoices; time spent engaged in email, telephone or in-person discussion relating to the administration or interpretation of the Contract, or the like.

2.6.2 Travel and mileage:

2.6.2.1 Effective on February 1, 2024, a rate equal to $50.00 per hour, payable in 15-minute units or increments of $12.50 each, shall be paid for travel time.

2.6.2.2 Mileage reimbursement:

2.6.2.2.1 Shall be paid at the at the appropriate rate identified in the “Privately owned vehicle (POV) mileage reimbursement rates” chart, maintained by the General Services Administration, in effect at the time of travel and available at gsa.gov/mileage.

2.6.2.2.2 Shall be paid based on mileage calculated using Google Maps (google.com/maps) from the Contractor’s home or base location to the hearing location and return.

2.6.2.3 Per Diem costs are payable to the Contractor if eligible and pre-approved by the Agency’s Contractor Administrator. Per diem rates and terms and conditions shall be in accordance with those maintained by the General Services Administration at the time of travel, and rates are available at gsa.gov/travel/plan-book.

2.6.3 Reimbursement of Other Expenses.

Reimbursement of expenses related to Services provided under this Contract, other than travel, mileage, and per diem costs, are limited to the following:

• Parking (for hearings-related parking only);

• Postage;

• Audio cassettes, computer disks, and other media related to audio recording and retention of the hearing proceedings;

• Copying, only as an out-of-pocket expense; and

• Any expense pre-authorized in writing by the Agency’s Contract Administrator related to the provision of services under the Contract.

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2.6.4 Required Training.

Effective on February 1, 2024, a rate equal to $75.00 per hour, payable in 15-minute units or increments of $18.75 each, for actual hours spent in required training, as approved in advance by the Agency. Contractor shall not be reimbursed for travel time or incidental expenses, including meals, when at training, but shall be reimbursed for mileage at the same rate as identified in paragraph 2.6.6.2.1, above, from their home or base location to the location of the required training.

SECTION 3: APPLICATION REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

To be considered for a Contract, Application must demonstrate how the Applicant meets the requirements of this section.:

3.1.1 Have a minimum of three (3) years’ experience conducting judicial or contested case hearings; OR

3.1.2 Other experience that may be substituted for some or all of the three (3) years’ experience conducting judicial or contested case hearings:

3.1.2.1 One years’ experience preparing and presenting cases before a judge, magistrate, other judicial officer, or administrative hearings officer may be substituted for two years’ experience conducting judicial or contest case hearings;

3.1.2.2 One years’ experience issuing arbitration decisions and awards may be substituted for one year’s experience conducting judicial or contested case hearings;

3.1.2.3 Two years’ experience preparing written judicial or administrative hearing decisions based on regulations, laws, or rules may be substituted for one years’ experience conducting judicial or contested case hearings.

3.1.3 A desired attribute but not required is documented participation in mediation training.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Application Submission

Applicant shall prepare its Application, which consists of a completed Attachment A “Application and Certification” form and all required resumés referenced in subsection

3.4 “Application Requirements.” Together, the combined Attachment and resumés are referred to as the “Application Packet.”

The completed Application Packet shall be electronically scanned into a single Adobe PDF document and submitted to the Agency through OregonBuys.

3.2.2 Authorized Representative

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

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3.3 PROCUREMENT PROCESS

The Agency receives the Application through OregonBuys, reviews it for meeting minimum qualifications, then moves forward with Contracting. Applications will be reviewed by the Agency in the first full week of the month following the calendar month in which Applications were received.

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 or emailed to prospective Applicants.

Agency shall advertise all Amendments on OregonBuys. Although OregonBuys usually automatically notifies all registered Vendors of amendments, Prospective Applicant 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 and Requests for Clarification

3.3.2.1 All inquiries, whether the intent or technical aspects of the solicitation, or relating to the solicitation process, administration, deadline or method of award, shall:

• Be emailed to the SPC at the address listed on Page 1 (Cover Page) of the RFA

• Reference the OregonBuys bid number (S-10000-00009665)

• Identify Applicant’s name and contact information

3.3.2.2 Applicant’s exceptions to anything within Attachment B “Sample Contract” must be submitted to the SPC by email simultaneous with the Application submission in OregonBuys (refer to subsection 4.2 “Negotiations”). Applicant may take exception to the terms and conditions of the Sample Contract, except those listed as non-negotiable in subsection 4.2.

3.3.2.3 The Agency will respond to questions and requests for clarification normally within five business days of receipt.

3.3.2.4 Responses to Questions or Requests for Clarification may be condensed or abridged and published as an Amendment in OregonBuys.

3.3.3 Application Delivery Options

3.3.3.1 Applicant is solely responsible for ensuring its Application is accepted by OregonBuys in accordance with the RFA requirements before the “Final Application Open Date and Time” identified in subsection 1.2 “Schedule.” The Agency is not responsible for any transmission or posting errors or delays, or for any mis-delivery for any reason. An Application submitted by any means not authorized below will be rejected. The following delivery option is the only delivery option permitted for this RFA:

• Electronic submission through OregonBuys is the only option authorized by the Agency.

https://oregonbuys.gov/bso

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3.3.3.2 Applicant should follow the guidelines outlined in subsection 2.3 “OregonBuys” for OregonBuys electronic submission.

3.3.4 Reviewing and Assessing Applications

The Agency will review Applications during the first full week of the month in which Application were received in the previous calendar month, on an ongoing basis, until the Final Application Open Date and Time identified in subsection 1.2 “Schedule.”

3.3.5 Final Application Open Date and Time

Application and all required resumes must be received and accepted in OregonBuys on or before the “Final Application Open Date and Time” as set forth in Subsection 1.2 “Schedule.” No Applications will be accepted by OregonBuys or the Agency after the “Final Application Open Date and Time.”

3.4 APPLICATION REQUIREMENTS

The Application shall consist of a completed Attachments A “Application and Certification” form and the Applicant’s resume’, combined together in the order listed, and referred to as the “Application Packet.” The completed Application Packet shall be electronically scanned into a single Adobe PDF document and submitted to the Agency through OregonBuys.

3.4.1 Attachment A “Application and Certification”

3.4.1.1 Applicant shall complete, sign, and submit all pages of the Attachments A “Application and Certification”

3.4.1.2 Applicant shall list two references from current or former clients, firms or organizations for similar Work performed for any clients within the last 10 years. Reference must be able to verify the quality of previous, related Work.

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

3.4.1.3 Failure to demonstrate compliance with Oregon Tax Laws by not signing the Application and Certification form may result in a finding of Non-Responsive.

3.4.1.4 Applicant indicates by signing Attachment A that Applicant agrees to a background check conducted in accordance with the Agency’s administrative rules and agency policies.

3.4.2 Applicant Resumé

Applicant’s Resumé shall be attached to, and made part of, Attachment A “Application and Certification.”

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3.4.2.1 Applicant shall submit a resumé that clearly satisfies all requirements of Section 3.1 “Minimum Qualifications.”

3.4.2.2 Resumés are not required to be formal. The purpose is to review whether the Applicant qualifies under the terms and conditions of this RFA. The minimum requirement for a resumé is the Applicants name and information specific to that experience conducting judicial or contested case hearings they can truthfully document to satisfy the requirements of Section 3.1, above. The resumé should not include any unnecessary artwork, use any irregular fonts, and have reasonable page margins and lines reasonably spaced.

3.5 APPLICATION REVIEW AND DECISION

3.5.1 Responsiveness Determination

3.5.1.1 Applications received in OregonBuys will be screened by the SPC for Responsiveness to the RFA’s requirements in accordance with subsection 3.4 “Application Requirements.” If the SPC finds the Application non-Responsive, the Application may be rejected; however, the Agency may waive mistakes in accordance with OAR 125-247- 0470.

3.5.1.2 If the Application is unclear, the SPC may request clarification from Applicant, including requesting clarification to assist the Agency in gaining additional understanding of an Application. An Applicant’s response to a clarification request from the SPC must be to clarify or explain portions of the already submitted Application. The response may not contain new information not included in the original Application. Clarifications may not be used to rehabilitate a non-Responsive application.

3.5.2 Review of Responsive Applications

3.5.2.1 Responsive Applications will be forwarded to the Agency for review. The Agency will review and assess the Application to determine if the Applicant meets the qualifications to provide IHO Services.

3.5.2.2 The Agency’s review and assessment members may change, and the Agency may have additional or fewer reviewers as needed to complete timely processing of the Applications.

3.5.3 Additional Criteria

3.5.3.1 Sample Writing and Decision Exercise

The Agency may provide mock hearing scenarios to an Applicant to evaluate Applicant’s ability to cite federal and state legal authority, identify issues, briefly describing relevant VR processes, and discuss how the Applicant thinks an IHO would rule in the identified disputed issues. Once Applicant has completed the Sample Writing and Decision Exercise, it shall be submitted to the Agency and will be reviewed on a Pass/Fail basis.

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3.5.3.2 Interview

The Agency may conduct an in-person or electronic interviews with potential Applicants, as needed, to make a final decision on whether a IHO Contract will be awarded. Topics may include experience, approach, and follow up on the Sample Writing and Decision Exercise, among other topics.

3.5.4 Decision

3.5.4.1 Based on the Agency’s determination, the Agency will begin Contract negotiation with Applicants who have had their Applications deemed Responsive and have met the requirements of the RFA.

3.5.4.2 Applicants that have been determined to be non-Responsive or have not meet the requirements of the RFA as determined by the Agency shall be notified by email by the SPC. The Applicant maintains the right to submit another Application for review by the Agency through OregonBuys if prior to the Final Application Open Date and Time as stated in section 1.2 “Schedule.”

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

The SPC will notify the Applicant in writing via email that the Agency intends to award a Contract to the Applicant subject to successful negotiation of any negotiable provisions, if any.

4.2 CONTRACT NEGOTIATION

After selection of a successful Applicant, the Agency may enter into Contract negotiations with the successful Applicant. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment B), 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 the Agency during the “Questions or Requests for Clarification” period set forth in Section 1.2 “Schedule.” If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify aa Applicants 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 Applicant substantially in the form set forth in Attachment B Sample Contract.

Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract as 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.

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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, and Agency policy and procedure.

4.3 SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

4.3.1 Insurance

Prior to execution of the Contract, the apparent successful Applicant 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 Applicant. Applicant is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit C of Attachment B “Sample Contract”) prior to offer submission.

4.3.2 Taxpayer Identification Number

The apparent successful Applicant 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 Applicant 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.

4.3.3 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. The selected Applicant 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.

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, http://www.filinginoregon.com/index.htm

Request for Application (RFA) (5859) v4 / l.thomas Page 17 of 18 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 Applications 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

5.3 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.

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Applications submitted in response to this solicitation become the property of Agency. By submitting an Application in response to this solicitation, 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, negotiating a Contract, if awarded to Applicant, or as otherwise needed to administer the solicitation, 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 Applications, 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 solicitation, award, or rejection of any Offer.

5.6 COST OF SUBMITTING AN OFFER

Applicant shall pay all the costs in submitting its Application, 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.

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5.7 RECYCLABLE PRODUCTS

Applicant 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

6.1 Attachment A “Application and Certification”

6.2 Attachment B Sample Contract