S-10000-00010976 Main Document.pdf

RFA # S-10000-00010976 (Agency Internal #5877)/CDF Page 1 of 14

STATE OF OREGON

COVER PAGE

Oregon Department of Human Services

Request For Applications for

Hygiene Services

OregonBuys #: S-10000-00010976

Date of Issue: July 15, 2024

Closing Date and Time: June 30, 2025, 3:00 P.M. (PST)

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

Address: 500 Summer St. NE, E-03 City, State, Zip: Salem, OR 97301 Phone: (503) 508-6471 E-mail: coral.d.ford@odhsoha.oregon.gov

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

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

RFA # S-10000-00010976 (Agency Internal #5877)/CDF Page 2 of 14

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 STATEMENT OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 APPLICATION REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 OPTIONAL PRE-APPLICATION INFORMATION MEETING

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 PROPOSAL DELIVERY OPTIONS

4.5 APPLICATION PACKET MODIFICATION OR WITHDRAWAL

4.6 APPLICATIONS DUE

4.7 APPLICATION REJECTION

4.8 APPLICATION PACKET REVIEW PROCESS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 PRICE AGREEMENT 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 RFA; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

ATTACHMENT B APPLICANT INFORMATION AND CERTIFICATION SHEET

ATTACHMENT C APPLICANT QUESTIONNAIRE AND SERVICES SELECTION

ATTACHMENT D COBID CERTIFICAITON / OUTREACH PLAN

ATTACHMENT E RESPONSIBILITY INQUIRY

RFA # S-10000-00010976 (Agency Internal #5877)/CDF Page 3 of 14

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Human Services (ODHS), Office of Resilience and Emergency Management (OREM), (“Agency”), is issuing this Request for Applications (RFA) for Hygiene Services (the “Services”).

Agency is seeking Applications from qualified Applicants to provide hygiene services, including, but not limited to: hand wash stations, waste removal (e.g. trash and porta potty), laundry service, access to dump station facilities, shower tents, grey water and waste water removal.

Hygiene services will be on an on-call basis to Agency’s Clients throughout the state of Oregon who have been affected by a declared emergency or disaster event, extreme weather incident, or other incidents that are not technically classified as an emergency or disaster but those for which Agency is responsible to provide mass care support services for during an incident.

Applicants, Contractor upon award of a Price Agreement, will deliver hygiene services to various locations where affected Agency’s Clients are being sheltered or to nearby hub locations.

Shelter locations may include, but are not limited to, warming and cooling shelters, congregate shelters, non-congregate shelter settings such as hotels or motels located throughout Oregon.

This RFA includes multiple Hygiene Service options. Applicants may select to provide just one option or multiple options if they have the capability to do so.

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

Agency anticipates the award of multiple Price Agreements from this RFA. The initial term of any Price Agreement awarded is anticipated to be through June 30, 2025. Agency reserves the right to extend, via a written amendment, the term of any awarded Price Agreement up to a maximum agreement term of seven (7) years without further solicitation. Agency does not guarantee to Contractor that a minimum or maximum amount of Services will be ordered by Agency under any awarded Price Agreement and Services Request Order. Services ordered by Agency from any resulting Price Agreement will strictly be on an as-needed basis and will be ordered by Agency using the “Services Request Order Process” outlined in Exhibit A, Part 1, Statement of Work, Section 3., in Attachment A “Sample Price Agreement.”

Agency is asking Applicants to provide their current rate or rates for the Services they select to provide in Attachment C “Applicant Questionnaire and Services Selection”. Agency will negotiate the final Services rate or rates with successful Applicants during Price Agreement negotiations.

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

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1.2 SCHEDULE

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

All dates listed are subject to change.

Schedule of Events

Pre-Application Information Meeting

(See Section 4.2 for additional information) August 5, 2024 11:00 A.M.

Questions or requests for clarification September 5, 2024, 3:00 P.M.

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

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

Application review and approval Approximately 60 calendar days after the date an Application is received.

Price Agreement negotiations After Agency approval of an Application.

Price Agreement award notice Upon completion of Price Agreement negotiations between Agency and Applicant.

1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

2.2 DEFINITION OF TERMS

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

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

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

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

“Client” means the Agency’s recipient of Services that provided by the Applicant, Contractor upon award of a Price Agreement, under a Price Agreement resulting from this RFA. The term “Clients” means (i) a group of individual Clients or (ii) a Client Household, unless expressly stated otherwise, or (iii) both (i) and (ii).

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“Comfort Supplies” means supplies that provide comfort including hygiene kits such as toothpaste, towels, wash cloth, soap, and toothbrush.

“Life Sustaining Supplies” means supplies including food, water, non-prescription medicine, and first aid kits.

“Other Essential Supplies” are supplies that include but are not limited to: shovels, masks, gloves, lanterns, lantern fuel, tens and sheeting, sleeping bags, household kits, cots, blankets, cooking kits, comfort kits, household pet and service animals needs, and clean up kits (detergents, bucket, sponges, mop, trash bags, disposable gloves.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

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

Under the State’s Comprehensive Emergency Management Plan ODHS is the primary Agency responsible for Emergency Support Function 6 (ESF 6) which covers the mass care, emergency assistance, shelter, food, water, and human/social services for people impacted by a declared emergency or disaster event. ODHS’ Office of Resilience and Emergency Management (OREM) is tasked with carrying out ESF 6.

ODHS-OREM identifies unmet community needs and coordinates the distribution of life-sustaining goods and services to impacted populations of a declared emergency or disaster event, extreme weather incident, or other incident not technically classified as an emergency, including hydration, feeding, sheltering, evacuee support, family reunification, and emergency supply distribution. ODHS-OREM develops networks of public and private partners, to include community-based organizations who are pre-vetted to perform specific response functions, local businesses, Tribal Nations, and local governmental bodies, to employ a whole community approach to integrated service delivery. ODHS-OREM conducts mass care planning and execution with a focus on equity and inclusion.

2.3.2 Project Overview and Background.

ODHS’ mass care responsibilities include providing hygiene services to people that are affected by a declared emergency or disaster event, extreme weather incident, or other incident that falls within the scope of its ESF 6 responsibilities or ODHS’ mission.

Examples of declared emergencies or disasters events, and extreme weather incidents where ODHS-OREM has provided hygiene services to affected individuals include wildfires and extreme heat and cold weather events that have occurred in Oregon over the past three years. Additionally, ODHS may provide mass care support to missions that are not technically classified as a declared emergency or disaster event, or extreme weather incident, but are above and beyond the capacity of other State Agencies or local governmental bodies, such as the sheltering and provision of food for refugees arriving in Oregon.

2.3.3 Purpose

The purpose of this RFA is to create Price Agreements with vendors to provide On-Call Hygiene Service. The Price Agreements created and awarded as a result from this RFA will include pre-negotiated terms so that ODHS can arrange for hygiene services to be provided to its Clients when the need arises during a declared emergency or disaster event, extreme weather incident, or other incidents that ODHS is responsible for providing human services

RFA # S-10000-00010976 (Agency Internal #5877)/CDF Page 6 of 14 to individuals. ODHS does not guarantee a certain amount of Work, but services will be ordered from Applicants who are awarded a Price Agreement. ODHS understands that Applicant’s capacity and availability to meet ODHS’ request to hygiene services may vary, and Contractor will have the opportunity to turn down any Hygiene Service request or share with ODHS what aspects of the request they can meet.

2.4 STATEMENT OF WORK/SPECIFICATIONS

The Services described in Exhibit A, Part 1, “Statement of Work”, located in Attachment A “Sample Price Agreement” is a broad example of what Applicants will be expected to perform upon execution of a resulting Price Agreement and issuance of Services Request Order. Agency and the Applicant, upon an Agency approved Application Packet, will negotiate the precise Statement of Work for the final Price Agreement which may include requirements based on the terms of this RFA and the hygiene service option(s) the Applicant selected to provide in their Application Packet.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for review, Applicant must demonstrate and certify in their Application how they meet and will abide by all the requirements of this Section.

3.1.1 Selected vendors will be expected to meet the highest standards prevalent within the industry for the goods and services they provide under the Price Agreement.

3.1.2 Wastewater and sewage removal only: Applicant is licensed in Oregon to pump, transport, and dispose of sewage and greywater.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Application Submissions

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

• Application Information and Certification (Attachment B)

• Applicant Questionnaire and Services Selection (Attachment C),

• COBID Certification / Outreach Plan (Attachment D)

• Responsibility Inquiry (Attachment E)

• Key Persons

3.2.2 Application Format and Quantity

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

Applicant shall submit one copy of its Application Packet and all other submittal requirements of this RFA as set forth in Section 4.4 “Application Delivery Options.”

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

3.3 APPLICATION REQUIREMENTS

Application Packet must address each of the items listed in this section and all other requirements set forth in this RFA. An Application Packet that merely offers to provide the goods or services as stated in this RFA will be considered a Non-Responsive Application Packet

RFA # S-10000-00010976 (Agency Internal #5877)/CDF Page 7 of 14 and will not be considered for award of a Price Agreement.

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

3.3.1 Applicant Information and Certification (Attachment B)

Applicant must complete, sign, date, and submit the Application Information and Certification (Attachment B). Failure to demonstrate compliance with Oregon Tax Laws, sign, and submit the Applicant Information and Certification will result in rejection of the Application Packet.

3.3.2 Applicant Questionnaire and Services Selection (Attachment C)

Applicant must complete, sign, date, and submit the Applicant Questionnaire and Services Selection (Attachment C). Failure to complete all fields, sign, and submit the Applicant Questionnaire and Services Selection will result in Application Packet rejection.

3.3.3 COBID Certification / Outreach Plan (Attachment D)

Applicant must complete and submit COBID Certification / Outreach Plan (Attachment D) with the Application Packet. Failure to submit the COBID Certification / Outreach Plan will result in Application Packet rejection.

3.3.4 Responsibility Inquiry (Attachment E)

Applicant must complete, sign, date and submit the Responsibility Inquiry (Attachment F).

Failure to complete, sign, and submit the Responsibility Inquiry will result in Application Packet rejection.

3.3.5 Key Persons

Applicant must specify a minimum of one (1) key person to be assigned as Agency’s primary point of contact for ordering Hygiene Service and issues that may arise in billing.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

Modifications, if any, to this RFA will be made by written Addenda(s)Amendment(s) published in OregonBuys. Prospective Applicants are solely responsible for checking OregonBuys to determine whether or not any Addenda(s)/Amendment(s) have been issued by Agency.

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

4.2 OPTIONAL PRE-APPLICATION INFORMATION MEETING

Agency will conduct an Optional Pre-Application Information Meeting for potential Applicants via a Microsoft Teams Meeting on August 5, 2024 at 11:00 A.M. Agency will provide additional information on their need for On-Call Feeding and Bottled Water Delivery Service and will answer questions asked by Applicants during the meeting regarding this RFA opportunity.

https://oregonbuys.gov/

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Applicants who do not need to attend do not attend this optional meeting may still submit an Application for this RFA.

Potential Applicants may use the following Microsoft Teams link to attend the meeting:

https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting Meeting ID: 285 703 353 82 Passcode: px2DWU Or Dial by Phone:

971-277-2343, Conference ID: 928502663#

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via email;

• Reference the RFA OregonBuys bid number;

• Identify Applicant’s name and contact information;

• Refer to the specific area of the RFA being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.4 APPLICATION DELIVERY OPTIONS

Applicant is solely responsible for ensuring its Application Packet is received by the SPC in accordance with the RFA requirements before the Closing Date and Time listed on page 1 of this RFA (“Opening Date” in OregonBuys terms). Agency is not responsible for any delays in electronic transmission errors or delays, or for any mis-delivery of Application Packets for any reason. An Application Packet submitted by any means not authorized below will be rejected by Agency. The following delivery options are permitted for this RFA:

• Electronic Submission through OregonBuys

Applicants must submit their Application Packet electronically through OregonBuys at:

https://OregonBuys.gov

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

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal% 20Solicitation%20Response.pdf The instructions are written for “Bid” responses to solicitations but the same process is used for submitting an Application Packet in response to an RFA. Follow the instructions to “Create the Quote”; in the Description field type “Application for Hygiene Service”, click Save & Continue; click on the Terms & Conditions tab, click Yes, click Save & Continue; click the Attachments tab, click Add File, select the application documents from your computer and open to attach, type the name of the attachment where indicated (for example “Attachment C”), click Save & Exit after each document you attach. Once all documents are attached, click Save & Continue; click the Summary tab to review. Once the Application Packet (“Quote”) is submitted, Applicant cannot edit the document, however you may withdraw the quote (instructions are included in the above link) for editing and resubmission at any time before the RFA opportunity ends.

Click Submit Quote. The screen will refresh, leaving you on the Summary tab and the status will have change to “Submitted”.

https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting https://oregonbuys.gov/ 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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Detailed instructions on how to submit an Application Packet (“Bid” responses in OregonBuys terms) can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.5 APPLICATION PACKET MODIFICATION OR WITHDRAWAL

If an Applicant wishes to make modifications to a submitted Application Packet prior to receipt of Application by the Agency, the Applicant must submit its modification to their Application Packet via OregonBuys. Applicants may contact to the OregonBuys Supplier help desk at 1-855- 800-5046 for assistance in making a modification to a submitted Application Packet.

If an Applicant wishes to withdraw a submitted Application Packet, it must submit a written notice signed by an authorized representative of its intent to withdraw the Application Packet to the SPC via email prior to receipt of Application by the Agency. To be effective the withdraw notice must include the OregonBuys bid number.

4.6 APPLICATIONS DUE

Application Packets must be received by the SPC on or before the Closing date and Time listed on page 1 of this RFA (“Opening Date” in OregonBuys terms). This RFA will remain open to accept Application Packets until the Closing Date and Time or until the Agency has sufficient Price Agreements to meet their needs. When the Agency has a sufficient number of Price Agreements, an amendment to this RFA will be added in OregonBuys to change the Closing Date and Time as determined by the Agency.

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

4.7 APPLICATION REJECTION

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

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

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

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

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

• Applicant attempts to influence a member of the Agency application review panel.

• Applicant is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFA or Addends(s)/Amendment(s).

4.8 APPLICATION PACKET REVIEW PROCESS

4.8.1 Responsiveness and Responsibility Determination

4.8.1.1 Responsiveness determination

Application Packets received prior to the Closing Date and Time will be reviewed by the SPC to determine if it is Responsive to all RFA requirements including compliance with Section 3.2 “Minimum Submission Requirements” and Section 3.3 “Application Requirements.” The SPC will conduct their responsiveness determination on Pass/Fail https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

RFA # S-10000-00010976 (Agency Internal #5877)/CDF Page 10 of 14 basis, as follows:

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

• Applicant Questionnaire and Services Selection (Attachment C) completed, signed, and dated.

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

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

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

• Applicant provided a description, not exceeding 5 pages, on how Applicant meets all the Minimum Qualifications listed in Section 3.1 of this RFA.

If the Application Packet materials are unclear, the SPC may request clarification from Applicant. If the SPC finds the Application Packet Non-Responsive, the Application may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247- 0470.

Applicants whose Application Packets pass the responsiveness determination criteria set forth in this Section will be forwarded to Agency for the review process as outlined in Section 4.8.2 “Application Packet Review Process.”

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

4.8.1.2 Responsibility Determination

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

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

4.8.2 Application Packet Review Process

Application Packets forwarded by the SPC to the Agency will be reviewed by the Agency’s Application Review Panel on a pass or fail basis to ensure Applicant meets the Minimum Qualifications of Section 3.1 and if the Applicant’s selected Services option(s) will meet the Agency’s need to provide Hygiene Services. The Agency’s Application Review Panel will determine at its sole discretion if the Application Packet meets the needs of the Agency. Applicant’s price will be evaluated. Agency reserves the right to negotiate price with Applicant if it is outside comparable of the industry. Applicants whose Application Packets pass the Agency’s Application Review Panel will be allowed to enter into Price Agreement negotiations with Agency and may be offered a Price Agreement by the Agency upon completion of the negotiations, however Agency makes no guarantee of Price Agreement award to any Applicant who submits an Application Packet or any amount of work to be performed should the Applicant be awarded a Price Agreement.

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency may award a Price Agreement to Applicants(s) based upon the methodology and process described in Section 4. Agency makes no guarantee of any specific award to an Applicant. Multiple Price Agreements may be awarded until a sufficient number of Price Agreements have been awarded to meet the Agency’s needs, or Agency has expended its available funding for the project.

5.1.2 Intent to Award Notice

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

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.2.1 Insurance

Prior to execution of a Price Agreement, Applicant shall secure and demonstrate to Agency proof Applicant has the required insurance set forth in Exhibit C “Insurance Requirements” of Attachment A “Sample Price Agreement.” The State of Oregon, Department of Administrative Services, Office of Risk Management requires all contractors carry Commercial General Liability insurance coverage, including sole proprietors.

5.2.2 Taxpayer Identification Number

Applicant shall provide its Taxpayer Identification Number by completing a Contractor Tax Identification and Information (CTII) form that Agency will provide to Applicant prior to execution of a Price Agreement.

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

ORS 279B.110(2)(f) requires that Applicants provide this prior to execution of the Price Agreement.

5.2.5 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement under this RFA, Applicants must http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

RFA # S-10000-00010976 (Agency Internal #5877)/CDF Page 12 of 14 certify by their signature on Attachment B - 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.

5.2.6 Pay Equity Compliance

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

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

Contractor’s compliance with this section constitutes a material element of the Price Agreement and a failure to comply constitutes a breach that entitles Agency to terminate this Price Agreement for cause.

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

5.3 PRICE AGREEMENT NEGOTIATION

5.3.1 Negotiation

After selection of a successful Applicant, Agency will enter into Price Agreement negotiations with the successful Applicant. By submitting an Application, Applicant agrees to comply with the requirements of the RFA, including the terms and conditions of the “Sample Price Agreement” (Attachment A), with the exception of those terms listed below for negotiation.

Following the selection of the apparent successful Applicant, Agency may agree to negotiate changes to the negotiable provisions of the “Sample Price Agreement” listed below.

However, Agency is not required to make any changes and many provisions in the “Sample Price Agreement” cannot be changed. Applicant is cautioned that the State of Oregon believes modifications to the standard provisions of the “Sample Price Agreement” constitute increased risk and increased cost to the State.

Agency is willing to negotiate only Exhibit A, Part 1, “Statement of Work”, Exhibit A, Part 2, “Payment Provisions”, and Exhibit A, Part 3, “Special Provisions “of the “Sample Price Agreement” during Price Agreement negotiations.

5.3.2 Contractor Selection Methodology

See Section 4.8.2 “Application Packet Review Process”. Once the Price Agreements are executed with Contractor, their name will go on a list with Agency of qualified contractors

RFA # S-10000-00010976 (Agency Internal #5877)/CDF Page 13 of 14 that are available to provide the goods or services in an emergency. Agency will issue Service Request Orders based on the unique needs of the emergency and the specifics of the contractors, including but not limited to geographic location of the emergency in the state compared to Contractor’s location (goal is to have fast delivery response times and less mileage covered), what services or goods are available at the time of emergency with contractor (availability of goods and personnel to fulfill the current need), and lowest price of each contractor (go with the lowest cost when goods and services are comparable).

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 Applications 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

6.3 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, review 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 6.3 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 Applications are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Agency will apply the Oregon Public Records Law in the determination of whether any information in the Application is exempt from disclosure.

All Application Packets submitted in response to this RFA become the Property of Agency. By submitting an Application l in response to this RFA, Applicant grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Application solely for the purpose of reviewing the Application, negotiating a Price Agreement, if awarded to Applicant, or as otherwise needed to administer the RFA process, and to fulfill obligations under Oregon Public Records Law (ORS

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

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

RFA # S-10000-00010976 (Agency Internal #5877)/CDF Page 14 of 14

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

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

6.6 COST OF SUBMITTING A PROPOSAL

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

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Applicant shall include information in its Application 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

Applicant shall use recyclable products to the maximum extent economically feasible in the performance of the Services described in this RFA and the subsequent Price Agreement (ORS 279B.025).

https://www.oregon.gov/das