S-10000-00016919 Main RFA Document.pdf

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STATE OF OREGON

COVER PAGE

Oregon Department of Human Services

Request For Applications for

On-Call Feeding and Bottled Water Delivery Service OregonBuys #: S-10000-00016919

Date of Issue: May 27, 2026 Closing Date and Time: December 31, 2026, 3:00 P.M. (PST)

Single Point of Contact (SPC): Jason Fong, Procurement and Contract Specialist Address: 500 Summer St. NE, E-03 City, State, Zip: Salem, OR 97301 Phone: (971) 374-3507 E-mail: Jason.fong@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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION ........................................................................................................ 3 1.1 INTRODUCTION ................................................................................................................................................................................................... 3 1.2 SCHEDULE ............................................................................................................................................................................................................... 4 1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE ............................................................................... 4 2.1 AUTHORITY AND METHOD .......................................................................................................................................................................... 4 2.2 DEFINITION OF TERMS ................................................................................................................................................................................... 4 2.3 OVERVIEW AND PURPOSE ........................................................................................................................................................................... 5 2.4 STATEMENT OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS ........................................................................................ 6 3.1 MINIMUM QUALIFICATIONS ....................................................................................................................................................................... 6 3.2 MINIMUM SUBMISSION REQUIREMENTS ........................................................................................................................................... 7 3.3 APPLICATION REQUIREMENTS

SECTION 4: SOLICITATION PROCESS .......................................................................................................... 9 4.1 PUBLIC NOTICE .................................................................................................................................................................................................... 9 4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS ............................................................................................................................ 9 4.3 RESERVED ............................................................................................................................................................................................................... 9 4.4 PROPOSAL DELIVERY OPTIONS ................................................................................................................................................................ 9 4.5 APPLCIATION PACKET MODIFICATION OR WITHDRAWAL ................................................................................................ 10 4.6 APPLICATIONS DUE ....................................................................................................................................................................................... 10 4.7 RESERVED ............................................................................................................................................................................................................ 10 4.8 APPLICATION REJECTION .......................................................................................................................................................................... 10 4.9 APPLICATION PACKET REVIEW PROCESS

SECTION 5: AWARD AND NEGOTIATION .................................................................................................. 12 5.1 AWARD NOTIFICATION PROCESS ......................................................................................................................................................... 12 5.2 RESERVED ............................................................................................................................................................................................................ 12 5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS ............................................................................ 12 5.4 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION ................................................................................................. 14 6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION ..................................................................................................... 14 6.2 CERTIFIED FIRM PARTICIPATION ........................................................................................................................................................ 14 6.3 GOVERNING LAWS AND REGULATIONS ........................................................................................................................................... 14 6.4 OWNERSHIP/PERMISSION TO USE MATERIALS ......................................................................................................................... 14 6.5 CANCELLATION OF RFA; REJECTION OF PROPOSAL; NO DAMAGES. ............................................................................. 15 6.6 COST OF SUBMITTING A PROPOSAL ................................................................................................................................................... 15 6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE ....................................................................................................................... 15 6.8 RECYCLABLE PRODUCTS ............................................................................................................................................................................ 15 6.9 CHECKLIST DISCLAIMER

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

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION The State of Oregon, acting by and through the Oregon Department of Human Services (ODHS), Office of Resilience and Emergency Management (OREM), (“Agency”), is issuing this Request for Applications (RFA) for On-Call Feeding and Bottled Water Delivery Service, which includes Meals, Meals Ready to Eat (MRE), Food Boxes, Bottled Water, Hydration Aids; and/or Meal Cards/Vouchers (the “Services”). Agency is seeking Applications from qualified Applicants to provide and deliver the Services 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; for the purposes of preparedness to prepare for such potential incidents; and any other purchases for which OREM has a statutory responsibility to support. Applicants, Contractor upon award of a Price Agreement, will deliver Services to various locations where affected Agency’s Clients are being sheltered or to nearby food and water distribution 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 On-Call Feeding and Bottled Water Delivery Service options Applicants may choose to provide. Options include large scale, small scale, and/or onsite meal preparation and delivery, delivery of Food Boxes, reloadable Meal Cards/Vouchers, delivery of MREs, delivery of Hydration Aids, and delivery of Bottled Water. 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, 2027. 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 successful Applicants, Contractor upon award of a Price Agreement, 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

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 RFA, capitalized words are defined in OAR 125-246-0110 or as defined below. “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. “Bottled or Packaged Drinking Water” means non-carbonated spring, mineral, or filtered drinking water that comes from an approved water source, meets all applicable federal and state standards for human consumption, and is in a tamper proof sealed pre-packaged individual consumption container (such as but not limited to a plastic water bottle or carton). Typical sizing includes but is not limited to 11.1 oz, 16.9 oz, 32 oz, 33.8 oz, 64 oz, 128 oz, 384 oz, or 640 oz. “Bottled Water Service” means Bottled or Packaged Drinking Water that Applicant will provide and deliver to locations that will be designated by Agency.

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“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). “Feeding Service” or “Meal Service” means balanced and nutritional Meals, Food Boxes, or Meal Cards/Vouchers that are prepared, provided, and delivered by the Applicant, Contractor upon Price Agreement award, to locations that will be designated by Agency. The term Feeding Service and Meal Service are used interchangeably. “Food Box” means a pre-assembled food box that contains one weeks’ worth of non-perishable mixed food items for one person. Food Boxes are intended to provide short term assistance and/or to supplement the needs of Clients, they are not intended to meet a Clients complete daily nutritional needs. Food Box items may include, but are not limited to, vegetables, fruits, pre-packaged dry goods, such as rice and pasta, and shelf stable canned food. “Hydration Aids” means hydration aids or powders, such as but not limited to electrolyte powders which may be added to water or premade electrolyte drinks which may lead to increased nutritional absorption and hydration. “Meal” or “Meals” means a single serving of food that contains a protein, vegetable, and starch that meets a portion of the Food and Drug Administration daily nutritional requirements. The terms Meals is intended to mean a single serving of a breakfast, lunch, and dinner meal for the purpose of this RFA. “Meal Cards/Vouchers” means cards or vouchers that have a pre-loaded monetary value, and can be reloaded with funds, that will allow Agency Clients to purchase Meals directly from restaurants or food items directly from grocery stores. “Meal Ready to Eat” or “MRE” means a self-contained, individual food ration. This may include traditional MREs such as a military or humanitarian ration, but may also include other nutritionally balanced, self-contained, and shelf-stable meals or meal supplements such as dehydrated foods, meal replacement bars, and meal replacement drinks.

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’ 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

RFA # S-10000-00016919 (Agency Internal #6242)/jrf Page 6 of 15 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 food 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 OREM has provided the Services to affected individuals include wildfires and extreme heat and cold weather events that have occurred in Oregon over the past five 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 restaurants, caterers, food trucks, and any other prepared food, bottled water, or meal card/voucher vendors to provide Services. The Price Agreements created and awarded as a result from this RFA will include pre-negotiated terms so that ODHS can arrange for Services to be delivered 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 to individuals. ODHS does not guarantee a certain number of Services will be ordered from Applicants who are awarded a Price Agreement. ODHS understands that Applicant’s, Contractor upon award of a Price Agreement, capacity and availability to meet ODHS’ request to deliver Meals, Food Boxes, Meal Cards/Vouchers, and/or Bottled Water may vary, and Contractor will have the opportunity to turn down any 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 Services delivery 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 Licensing and Certification Requirements

3.1.1.1 Applicant’s staff that will be cooking (preparing) and serving Meals and/or providing Food Boxes must have a valid Oregon food handler’s card. A valid food manager training certificate will be accepted in lieu of an Oregon food handler’s card.

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Note: The minimum qualification listed above is only applicable to Applicants who choose a Feeding Service option to cook Meals onsite, at Applicants place of business prior to delivery of the Meals, and for Applicants who choose to provide and deliver Food Boxes.

3.1.1.2 For Applicants who select the option to provide only prepared Meals, the Applicant’s facility that will be used to prepare and cook those Meals, such as, but not limited to, a restaurant with a commercial kitchen or food cart/truck, must be licensed to do so in Oregon.

3.1.1.3 If applicable, based on the size of Applicant’s vehicles that will be used to deliver Services and any Oregon Department of Vehicle requirements, Applicant’s staff driving vehicles must have a valid Commercial Driver’s License (CDL) or obtain a valid CDL prior to performing the Services listed in a resulting Price Agreement.

3.1.2 Experience Requirements For Applicants who select the option to provide only Feeding Service, Applicants must have a minimum of one (1) year experience in preparing and serving Meals, providing Food Boxes, and providing Meal Cards/Vouchers.

3.1.2.1 For Applicants who select the option to provide only Feeding Service, Applicants must have experience in preparing Meals, including special dietary needs and culturally specific Meals. This requirement does not pertain to Applicants who only select to provide Meal Cards/Vouchers.

3.1.2.2 For Applicants who select the option to provide only Bottled Water Service, Hydration Aid, or MREs, Applicants must have a minimum of one (1) year of providing and delivering pre-packaged tamper proof items that are safe for human consumption. Note: Applicants who select the option to provide both Feeding Service and Bottled Water Service must meet all the experience requirements in this Section 3.1.2, unless otherwise noted.

3.1.3 Other Requirements

3.1.3.1 Applicants who select to provide only Feeding Service must follow all applicable Federal, State, and Local Governmental statues, rules, and requirements specific to the health and safety standards for preparing, handling, transporting, temperature control measures, and storage of food. This requirement does not pertain to Applicants who only select to provide Meal Cards/Vouchers

3.1.3.2 Applicants who select the option to provide Meal Cards/Vouchers must have the capital required to initially fund the meals cards. Advance funding from ODHS will not be provided for this purpose. Reimbursement requests will be processed when the Meal Cards/Vouchers have been issued to eligible individuals. Meal Cards/Vouchers shall be tracked to each ODHS approved Client.

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):

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• 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 Failure of Applicant’s authorized representative to sign the Attachments listed in this Section 3.2.1 that require a signature may result in the Application Packet being rejected by Agency

3.2.2 Application Packet Page Limit Application Packet is limited to 5 pages. Application Packets exceeding this limit will not be reviewed by Agency for consideration of a Price Agreement. The following items do not count toward the page limit:

• Application Information and Certification (Attachment B)

• Applicant Questionnaire and Services Selection (Attachment C)

• COBID Certification / Outreach Plan (Attachment D)

• Responsibility Inquiry (Attachment E)

3.2.3 Application Format and Quantity Application Packet must include all the elements listed in Section 3.2.1 “Application Submissions” and how the Applicant meets 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 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)

RFA # S-10000-00016919 (Agency Internal #6242)/jrf Page 9 of 15 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 Feeding Service and/or Bottled Water Service and issues that may arise billing.

3.3.6 Applicant’s Demonstration of Minimum Qualifications Met (5 Pages Maximum) Applicant must briefly describe how they meet all the minimum qualifications set forth in Section 3.1. Applicants, based on their selection of Services they are applying to provide, are encouraged to provide detailed information on their experience in preparing and delivering Meals, preparing and delivery of Food Boxes, details of their reloadable Meal Cards/Vouchers system, and providing and delivery Bottled Water.

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 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

4.3 RESERVED

4.4 PROPOSAL 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:

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• 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 On-Call Feeding and Bottled Water Deliver 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” 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 APPLCIATION 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 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 RESERVED

4.8 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.

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• 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.

• Application 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).

4.9 APPLICATION PACKET REVIEW PROCESS

4.9.1 Responsiveness and Responsibility Determination

4.9.1.1 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 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 4.10.2 “Application Packet Review Process.” Applicants whose Application Packets fail the responsiveness determination criteria set forth in this Section will be rejected. If rejected, SPC will notify Applicant and Applicant may resubmit a new Application Packet prior to the Closing Date and Time.

4.9.1.2 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

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Responsible.

4.9.2 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 Meals and bottled water to Agency’s Clients. The Agency’s Application Review Panel will determine at its sole discretion if the Application Packet meets the needs of the Agency. 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.

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 RESERVED

5.3 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:

5.3.1 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.

5.3.2 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.

5.3.3 Business Registry If selected for award, Applicant shall be duly authorized by the State of Oregon to transact

RFA # S-10000-00016919 (Agency Internal #6242)/jrf Page 13 of 15 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.

5.3.4 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.

5.3.5 Nondiscrimination in Employment As a condition of receiving the award of a Price Agreement under this RFA, Applicants must 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.

5.3.6 Pay Equity Compliance As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class. Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of 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.

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 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

RFA # S-10000-00016919 (Agency Internal #6242)/jrf Page 14 of 15 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.

5.4.2 Contractor Selection Methodology See Section 4.9.2 “Application Packet Review Process.”.

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

RFA # S-10000-00016919 (Agency Internal #6242)/jrf Page 15 of 15 submitting an Application 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.

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).

6.9 CHECKLIST DISCLAIMER Any checklists that may be contained in this RFA are provided only as a courtesy to prospective Applicants. Agency makes no representation as to the completeness or accuracy of any checklist. Prospective Applicants are solely responsible for reviewing and understanding the RFA and complying with all the requirements of this RFA, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by an Applicant based upon, resulting from, or related to, Applicant’s failure to comprehend all requirements of this RFA.