S-10700-00010098_DEIB RFP Addendum 1_Final.docx

RFP S-10700-00010098, Addendum 1

RFP S-10700-00010098

Addendum 1

DIVERSITY, EQUITY, INCLUSION AND BELONGING SERVICES

PURPOSE

The purpose of this RFP addendum 1 is to:

Modify Section 3.5 minimum qualifications and submittal size Modify Section 3.8 scoring.

Modify Section 3.8.5 provisions related to pricing for subcontractors.

Revise and replace Attachment B, Sample Agreement To Agree Revise and replace Attachment C, Proposal Form.

Revise and replace Attachment D, Price Proposal

MODIFICATIONS (new language is indicated by bold and underlined font, deleted language is indicated by strikethrough font)

1.1 MODIFICATION OF SECTION 3.5:

Section 3.5 is amended to provide:

3.5.1 Minimum Qualifications:

Proposer must show that Proposer meets the following minimum qualifications in order to be considered for an award:

· For each Service Category Proposer is offering, Proposer’s Main Point of Contact (see Section II Management Proposal Question D) must have a minimum of 3 years’ experience. This experience can be from a combination of professional experience and education. Proposer must include a resume of not more than two (2) pages for their Main Point of Contact. Proposer must also answer the question for each service category being offered, “Does Proposer have a minimum of three years' experience providing DEIB consulting Services?” on Attachment C, Proposal Form. Proposer must mark yes or no. If Proposer does not mark yes or no, their Proposal will be rejected and not considered for an award. Proposer is making the determination (telling DAS PS) whether or not they have the 3 years’ experience. DAS PS may use the resume provided to verify Main Point of Contact has the required experience. These are examples of the types of education/experience that could be used in place of professional experience: DEI (or DEIB) certification(s), internship, volunteer participation (including community activities), bachelor's or master’s degree in areas such as social sciences, psychology, or business. Proposer may use a combination of different types of education/experience to meet the requirement.

· Subcontractors – Any subcontractors that Proposer includes with Proposal (Attachment F Subcontractor Form) must also have a minimum of 3 years’ experience. This experience can be from a combination of professional experience and education.

3.5.2 Proposal Submittal Documents:

The email size cannot be more than 20 70 Megabytes and cannot contain zip files.

1.2 MODIFICATION OF SECTION 3.8:

Section 3.8.4.2

No other information in the table was changed.

Section 3.8.4.3

Section 3.8.4.4

1.3 MODIFICATION OF SECTION 3.8.5:

3.8.5 Attachment D, Price Proposal: Proposer must submit a Price Proposal, Attachment D. The Price Proposal will not be scored. If Proposer is awarded an ATA, the Price Proposal will become a part of the ATA. Price may be used as a criteria in award of a Contract under the ATA, so Proposer is encouraged to offer its best prices. Proposer must should also include the prices (in a separate tab on Attachment D) for any subcontractors listed on Attachment F Subcontractor form. If subcontractor prices are not included in the Price Proposal, subcontractor(s) will be subject to Proposer’s prices in all Contracts. Proposer may include a pricing narrative of no more than two (2) pages in length.

REPLACE ATTACHMENT B, Agreement to Agree with the Revised Attachment A and make the following changes:

Revise Section 3:

0. ATA Documents. This ATA includes the ATA and its exhibits, attached and incorporated by reference. If a conflict, inconsistency or ambiguity exists among any portion of this ATA and any other documents, then the issue must be interpreted in the following order of precedence:

1) This ATA less all exhibits;

2) Exhibit A, Contract Terms and Conditions;

3) Exhibit B, Description of Services; Pricing;

4) Exhibit B-1,Subcontractor List & Pricing;

5) Exhibit E, Insurance Requirements;

6) Exhibit D, Opportunity Notice Form;

7) Exhibit C, Service Order Contract Form; and

8) Exhibit F, Volume Sales Report Template.

Revise Section 5.2 and add Section 5.2.1:

5.2 Contracts Services. From time to time, Authorized Purchasers may request Services from Consultant as described in and pursuant to the prices set forth in Exhibit B and enter into Contracts as set forth herein.

5.2.1. Subcontractors. Consultant may assign all or any portion of the work to designated subcontractors. All subcontractors are subject to the prior approval of DAS PS, which approval will not be unreasonably withheld. Approved subcontractors and their pricing are listed on Exhibit B-1. DAS PS may request removal of any subcontractor at any time. Consultant, with the consent and agreement of Authorized Purchaser, may assign all or any portion of the Services under a Service Order Contract to one or more of Consultant’s approved subcontractors.

Consultant may change subcontractors from time to time. If Consultant wishes to change subcontractors or their pricing, Consultant shall provide written notice to DAS PS anytime subcontractors and/or their pricing change. (Subcontractor pricing changes are subject to the provisions of Section 4.2 above.) The notice must include the following:

· Name of subcontractor added or removed.

· If adding a subcontractor, the Services the subcontractor will provide (must be in the Service Categories that Consultant is approved to provide).

· If adding a subcontractor, the subcontractor’s prices for the Services provided.

· Contact name, phone number and email address.

Revise Exhibit A, Section 5.3:

5.3 Consultant Selection. In the event DAS PS awards more than one ATA, Authorized Purchaser must select a Consultant based upon the process outlined below.

Authorized Purchaser shall issue an Opportunity Notice substantially in the form attached hereto as Exhibit D, Opportunity Notice detailing the Service(s) needed and evaluation criteria, including: Service availability, time for delivery or performance, costs, experience and any other factors. Authorized Purchaser shall send that Opportunity Notice to a minimum of three (3) Consultants qualified to provide the requested Services, and at least one (1) of the Consultants notified must be a COBID certified firm if possible. (DAS PS advises that Authorized Purchaser send the Opportunity Notice to all Consultants who are approved to provide the requested the Services in order to receive the best responses, but that is not required at the intermediate purchase level).

Authorized Purchaser shall award the Service Order Contract to the Consultant with the offer that is in the best interest of Authorized Purchaser under the BVA.

5.3.3. Large Purchases. If the estimated cost of the requested services from Authorized Purchaser is over the intermediate procurement threshold, as per ORS 279B.055 or ORS 279B.060 OAR 125-247-0260, Authorized Purchaser must conduct a BVA.

Authorized Purchaser shall issue an Opportunity Notice substantially in the form attached hereto as Exhibit D, detailing the Service(s) needed and evaluation criteria, including: Service availability, time for delivery or performance, costs, experience and any other factors. Authorized Purchaser must send the Opportunity Notice to all Consultants who are approved to provide the requested Services. For example, if Authorized Purchaser needs Services in Service Category A & D, the Opportunity Notice must be sent to each Consultant in those two (2) categories.

Authorized Purchaser shall award the Service Order Contract to the Consultant with the offer that is in the best interest of Authorized Purchaser under the BVA.

Revise Exhibit A, Section 9.1:

9.1 Work Product. Unless otherwise agreed in a Service Order Contract, Authorized Purchaser owns all Work Product. Work Product includes everything that is specifically made, conceived, discovered, or reduced to practice by Consultant or Consultant’s subcontractors or agents (either alone or with others) pursuant to the Contract, including every invention, modification, discovery, design, development, customization, configuration, improvement, process, software program, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not patentable or registerable under copyright or similar statutes or subject to analogous protection).

The parties agree that all Work Product is “work made for hire” of which Authorized Purchaser is the author within the meaning of the United States Copyright Act. If for any reason the Work Product is not “work made for hire” Consultant hereby irrevocably assigns to Authorized Purchaser any and all of its rights, title, and interest in all Work Product delivered under this Contract, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon Authorized Purchaser’s reasonable request, Consultant shall execute such further documents and instruments to fully vest such rights in Authorized Purchaser. Consultant waives any and all rights relating to Work Product created pursuant to this Contract, including without limitation any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction, or limitation on use or subsequent modifications.

2.4 REPLACE ATTACHMENT C, Proposal Form with the Revised Attachment C

2.5 REPLACE ATTACHMENT D, Price Proposal with the Revised Attachment D

PROTEST

Protests to this RFP addendum must be submitted in the manner required in RFP section 3.4 and are due by May 24, 2024, at 5:00 Pacific Time