S-10700-00009172_RFP_City Pairs.pdf

STATE OF OREGON

COVER PAGE

Department of Administrative Services, Procurement Services on behalf of Oregon State Agencies and ORCPP Members

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00009172 for

CITY PAIRS AIRFARES

Date of Issue: January 12, 2024

Opening Date and Time: February 5, 2024, 10:00 AM

Single Point of Contact (SPC): Kaliska King, CPPB, OPBC

Address: 1225 Ferry St SE

City, State, Zip Salem, Oregon 97301

Phone (voice) 503.798.1907

E-mail: Kaliska.king@das.oregon.gov

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

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 OREGONBUYS

4.3 PRE-PROPOSAL CONFERENCE

4.4 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.5 SOLICITATION PROTESTS

4.6 PROPOSAL DELIVERY OPTIONS

4.7 PROPOSAL MODIFICATION OR WITHDRAWAL

4.8 PROPOSAL DUE

4.9 PUBLIC OPENING

4.10 PROPOSAL REJECTION

4.11 EVALUATION PROCESS

4.12 POINT AND SCORE CALCULATIONS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 MASTER SERVICES 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 RFP; 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 MASTER AGREEMENT, ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT,

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET, ATTACHMENT D COST

ROUTE PROPOSAL FORM, ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN,

ATTACHMENT F RESPONSIBILITY INQUIRY.

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (DAS), is conducting this joint cooperative procurement on behalf of the State of Oregon Agencies and ORCPP members (“Authorized Purchasers”), and is issuing this Request for Proposal for City Pair Airfare Rates for Y-class and Capacity Controlled Fares.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

DAS anticipates the award of one or more Master Services Agreements from this RFP. The initial term of the Master Services Agreement is anticipated to be 2 years with options to renew.

1.2 SCHEDULE

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

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference January 18, 2024 10:00 AM

Questions / Requests for Clarification Due January 22, 2024 1:00 PM

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

January 24, 2024

RFP Protest Period Ends

January 23, 2024

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) February 7, 2024

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

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

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS is issuing this RFP pursuant to its authority under ORS 279A.050, ORS 279A.200, et. seq., OAR 125-246-0140 and OAR 125-246-170(3)(I).

DAS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125- 247-0260. DAS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Master Services Agreement: means the underlying agreement, executed by and between the State of Oregon, acting by and through DAS, and a selected Proposer.

Capacity Controlled Inventory: means any available seat above the bottom 1/3 of the airline’s seating hierarchy in coach of the carrier’s commercial fare classification code schedule.

City Pair: means the one-way flight in either direction between two designated cities.

Direct flight: means a flight from one segment (city) to another segment (city) on the same aircraft with only one stop.

Non-Stop flight: means a direct flight one segment (city) to another segment (city) with no stops or layovers in between.

Partner Airline: means an airline that allows any code sharing allowances with and imposes no code sharing restrictions on the Traveler or partner airline.

ORCPP Member: means a county, city, school district, law enforcement authority, special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law that is a member of the Oregon Cooperative Procurement Program.

Segment: means each one-way flight.

TMC: means the Travel Management Contractor, which includes individuals and companies that coordinate reservations for lodging, airline, rail, and commercial modes of transportation including rental vehicles. These companies use Global Distribution Systems (GDS) to book flights for their clients. This allows the travel consultant to compare different itineraries and costs by displaying availability in real-time, allowing users to access fares for air tickets, hotel rooms and rental cars simultaneously.

Traveler: means the person authorized (for official business) to acquire Services under this Master Services Agreement.

Unrestricted fare: means one-way fare offered to Authorized Purchasers.

User Information: means all information directly or indirectly obtained from Travelers accessing the Services where such information is obtained by Contractor or by any of its employees, representatives, agents or any Third Parties having contractual privity with Contractor or who are under Contractor’s supervision or control.

2.3 OVERVIEW AND PURPOSE

2.3.1 Overview and Background

The State of Oregon and ORCPP members currently use a Travel Management Contractor (TMC) to book all travel. The TMC provides reservations and ticketing services to all State

Agencies and ORCPP members. All tickets must be purchased through the TMC to receive the discount and may not be purchased directly from the airline.

In 2017, the Department of Administrative Services completed a solicitation for these services and the contracts awarded pursuant to that solicitation are coming to an end. The State wishes to resolicit the Services for City-Pair contract(s).

The number of one-way trips traveled in 2018-2022 for each City Pair city is indicated below. These figures are provided for informational purposes only to assist Proposer in developing its Proposal. DAS makes no guaranty of future need or usage by any Authorized Purchaser.

Origin Airport/Code

Destination Airport/Code

Number of One-way Capacity

Controlled Flights in 2018-

Number of One-way City Pair Y Class

Flights in 2018-2022

Total flights in 2018-2022

Portland/PDX Boise/ BOI 645 141 786

Portland/PDX Seattle/ SEA 99 67 166

Portland/PDX Spokane/ GEG 56 58 114

Portland/PDX Las Vegas/ LAS 169 241 410

Portland/PDX Medford/MFR 312 70 382

Portland/PDX Phoenix/PHX 109 74 183

Portland/PDX San Diego/SAN 204 447 651

Portland/PDX San Francisco/SFO 68 144 212

Portland/PDX Sacramento/SMF 98 64 162

Portland/PDX Oakland/OAK 30 37 67

Portland/PDX Los Angeles/ LAX 144 150 294

Boise/BOI Portland/PDX 645 141 786

Portland/PDX Washington

DC/DCA

581 297 284

Washington

DC/DCA

Portland/PDX 2,710 867 1813

Las Vegas/LAS Portland/PDX 963 383 580

Oakland/OAK Portland/PDX 24 9 15

Seattle/SEA Portland/PDX 99 67 166

Spokane/GEG Portland/PDX 56 58 114

Medford/MFR Portland/PDX 312 70 382

Phoenix/PHX Portland/PDX 109 74 183

San Diego/SAN Portland/PDX 204 447 651

San Francisco/SFO Portland/PDX 68 64 162

Sacramento/SMF Portland/PDX 98 64 162

Los Angeles/LAX Portland/PDX 144 150 294

2.3.2 Purpose

The purpose of this RFP is to establish Master Services Agreements(s) (MSA) to ensure State of Oregon, and ORCPP members have access to established MSAs for City Pair Airfare Fixed Rates for Y-Class and Capacity Controlled fares for all published coach airline fares.

2.4 SCOPE OF WORK

Proposer shall provide State Agencies and ORCPP members the right to purchase contracted airfare flights in Y-Class and Capacity Controlled inventory and all Services as described in Exhibit B of Attachment A, Sample Master Services Agreement. The Segments frequently traveled are listed above in Section 2.3.1 and in Attachment D. Other segments may be added if the Proposer would like to offer them.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

3.1.1 Provide a current Certified Air Carriers Certificate, including a commuter air carrier certificate if applicable.

3.1.2 Offer Y Class and Capacity Controlled fares eligible for all City Pair Segments in Attachment D. This is met by submitting Attachment D that includes flights offered in both Classes.

3.1.3 Provide a statement that all fares must be fully refundable.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements

(further detailed in Proposal Requirements section below):

• Technical Proposal (Section 3.3.2)

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

3.2.2 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer must submit its Proposal electronically through OregonBuys. Proposer must follow the procedures outlined in See: Section 4.5 of this RFP for electronic submission.

The Price Proposal must be submitted as a separate electronic response file.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

3.2.3 Authorized Representative

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

DAS.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

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

3.3.2 Technical Proposal

Proposer shall submit a technical Proposal addressing how Proposer intends to provide the Services below:

3.3.2.1 Flight Schedule

Briefly describe how Proposer would carry out the major activities of these Services in context with the Scope of Work. Include flights per day including the number of scheduled flights each way per day for a City Pair. For example, 3 flights from City A to City B, 3 flights to City B to City A.

3.3.2.2 Non-Stop Flight(s)

Include a list of scheduled non-stop flights each way per day for each City Pair. For example, 3 non-stop flights from City A to City B and 3 non-stop flights from City B to City A.

3.3.3 Disclosure Exemption Affidavit (Attachment B)

Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) as part of the Proposal. Submission is required even if Proposer is not identifying confidential or proprietary information and data for nondisclosure. If Proposer is identifying items for nondisclosure as confidential or proprietary, Proposer must specify the reason for the exemption.

Redacted Proposal. If Proposer is identifying items for nondisclosure, Proposer must provide an appropriately redacted copy of the complete, original Proposal submissions.

3.3.4 Cost/Route Proposal Form (Attachment D)

Pricing for City Pair Segments must be submitted using Attachment D. For each route Proposer offers, the cost proposal must reflect a one-way fare for each direction, offering Y Class and Capacity Controlled fares. All rates must be fully refundable, and rates should not include airline taxes and fees.

3.3.5 COBID Certification / Outreach Plan (Attachment E)

Proposer shall complete and submit the Certified Disadvantaged Business Outreach Plan (Attachment E).

3.3.6 Responsibility Inquiry (Attachment F)

Proposer shall complete and submit the Responsibility Inquiry (Attachment F) with its Proposal.

DAS must find that Proposer is Responsible in order to award a Contract. DAS may, at any time, find a Proposer to be not Responsible and excuse the Proposer from further participation in the RFP process.

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

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC NOTICE

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

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

4.2 OREGONBUYS

4.2.1 All Proposers must be registered in OregonBuys to do business with the State.

Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance, see vendor registration guidance.

4.2.2 PROPOSERS ARE SOLELY RESPONSIBLE FOR ENSURING THEIR VENDOR

INFORMATION IS CURRENT AND CORRECT IN OREGONBUYS. DAS WILL

ACCEPT NO RESPONSIBILITY FOR MISSING OR INCORRECT VENDOR

INFORMATION OR ALTERNATIVE ACCESSIBILITY TO AMENDMENT(S),

ATTACHMENTS AND EXHIBIT.

4.2.3 OregonBuys Assistance. Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@oregon.gov.

4.3 PRE-PROPOSAL CONFERENCE

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

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the services requested;

• Explain the RFP process; and

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

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

Interested parties may participate in the Pre-Proposal Conference by:

Emailing the SPC by January 17, 2024 3:00 PM for a TEAMS Link to the meeting.

https://oregonbuys.gov/

The meeting will be held on January 18, 2024 and 10:00 AM, PST.

4.4 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission.

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

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

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

4.5 SOLICITATION PROTESTS

4.5.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Master Services Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that: (i) Proposer may protest Amendment(s) as provided below and (ii) Proposer may take exception to the terms and conditions of the Sample Master Services Agreement marked as negotiable as set forth in the Negotiations Section.

4.5.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. In order to be considered, Protests to an Amendment, if issued, must be submitted by the date/time specified in the Amendment, or if no date/time is specified in the Amendment by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment. If the Amendment is after the close of the RFP Protest Period, Proposer may only submit a protest to the provisions addressed in the Amendment;

protests of matters not added or modified by the Amendment will not be considered.

4.5.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email,

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment or the second Business Day.

4.6 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. A Proposal submitted by any means not authorized below will be rejected. Only the following delivery option is permitted for this RFP:

Delivery through OregonBuys

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

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

DAS IS NOT RESPONSIBLE FOR ANY ERRORS IN TRANSMISSION OR DELAYS IN RECEIVING

FILES OR PROPOSALS THROUGH THE OREGONBUYS SYSTEM. Proposer is encouraged to submit its Proposal early and to contact the OregonBuys Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@oregon.gov for any questions or assistance.

4.7 PROPOSAL MODIFICATION OR WITHDRAWAL

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

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

4.8 PROPOSAL DUE

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

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

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

4.9 PUBLIC OPENING

There will be no public Opening of Proposals. Proposals received will not be available for 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 mailto:support.oregonbuys@oregon.gov inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630. However, DAS will record and make available the identity of all Proposers after Opening

4.10 PROPOSAL REJECTION

DAS may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has undisclosed liquidated and delinquent debt owed to the State or any department or DAS of the State.

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

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

• Proposer attempts to influence a member of the Evaluation Committee.

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

4.11 EVALUATION PROCESS

4.11.1 Responsiveness and Responsibility Determination

4.11.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected. DAS may determine a Proposal substantially complies with the provisions of the RFP or waive mistakes in accordance with OAR 125-247- 0470.

4.11.1.2 Responsibility Determination

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

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

4.11.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0 to 10 for each evaluation criterion listed below in this section.

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and DAS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal. If one Proposal is received, is responsive and meets the Proposal requirements, DAS could move directly into negotiations.

4.11.2.1 Flight Schedule

• How well does the flight schedule meet Authorized Purchasers’ needs?

4.11.2.2 Price Proposal Evaluation

• How well does the pricing in Attachment D meet the need of the Authorized Purchaser?

4.11.3 PREFERENCES

4.11.3.1 Oregon Supplies and Services

SCORE EXPLANATION

Excellent, the proposal addresses and exceeds all of the requirements or criteria described in the RFP

Good, the proposal addresses all requirements or criteria described in the RFP and in some respects exceeds them

Satisfactory, the proposal addresses all requirements or criteria described in the RFP in a minimum satisfactory manner

Unsatisfactory, the proposal addresses the requirements or criteria described in the RFP in an unsatisfactory manner

Poor, the proposal inadequately addresses the requirements or criteria described in the RFP or cannot be assessed due to incomplete information

Fail, the proposal fails to address the requirements or criteria described in the RFP or cannot be assessed due to missing information

DAS prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, DAS shall subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.11.3.2 Reciprocal Preference

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

4.11.3.3 Tiebreakers

If DAS receives Proposals identical in price, fitness, availability and quality and chooses to award a Master Agreement, DAS shall award the Master Services Agreement in accordance with the procedures outlined in OAR 137-046-0300.

4.12 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

DAS may determine an apparent successful Proposer with no additional rounds of competition.

If additional rounds are conducted, DAS will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process. If only one Proposal is received and all the criteria are met, DAS can enter directly into negotiations with that Proposer.

TOTAL POINTS POSSIBLE 150

POINTS POSSIBLE

Flight Schedule 75

Non-Stop Flight(s) 25

Attachment D Price Proposal 50 https://www.naspo.org/reciprocity1

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS, if it awards a Master Services Agreement, will award a Master Services Agreement(s) to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. DAS may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

DAS will notify all Proposers in Writing that DAS intends to award a Master Services Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Master Services Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• DAS has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• DAS abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• DAS’ evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If DAS receives only one Proposal, DAS may dispense with the evaluation process and Intent to Award protest period and proceed with Master Agreement Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email.

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

DAS will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by DAS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Master Services Agreement award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit A, Section 21 of Attachment A.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by DAS or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Master Services 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 Master Services Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to DAS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Master Services Agreement.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Master Services Agreement under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

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

5.4 MASTER SERVICES AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, DAS may enter into Master Services Agreement negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Master Services Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Master Services Agreement and note exceptions.

Proposer must submit those exceptions to DAS during the Questions / Requests for Clarification period set forth in Section 1.2. If DAS agrees to make any requested changes to the Sample Master Services Agreement, DAS will issue an Amendment to notify Proposers of such changes. Unless DAS issues an Amendment modifying any of the terms and conditions, DAS intends to enter into a Master Services Agreement with the successful Proposer substantially in the form set forth in Sample Master Services Agreement (Attachment A).

Following the selection of the apparent successful Proposer, DAS may agree to negotiate changes to the negotiable provisions of the Sample Master Services Agreement listed below.

However, DAS 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.

DAS is willing to negotiate ONLY the following terms and conditions:

• Ordering Process

• City Pair Airfares (Exhibit A)

• Insurance

In the event that the parties have not reached mutually agreeable terms within 14 calendar days, DAS may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

5.4.2 Contractor Selection Methodology

In the event multiple Master Services Agreements are awarded, Authorized Purchaser will work with the TMC to look at the City Pair flights and use which ever flight or Contractor best fits the needs of the Traveler.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS 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.

DAS also encourages joint ventures or subcontracting with certified small business enterprises.

For more information, visit:

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

If the Master Services Agreement has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment E) prior to execution.

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after DAS issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of DAS. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Master Services Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS

192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by DAS.

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

Pursuant to ORS 279B.100, DAS may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or DAS, as determined by DAS. Neither the State nor any State DAS is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Master Services Agreement award, or the rejection of any Proposal.

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

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Master Services Agreement. (ORS 279B.025).

https://www.oregon.gov/das