S-10700-00010230.pdf

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STATE OF OREGON

COVER PAGE

DEPARTMENT OF ADMINISTRATIVE SERVICES

Is issuing this Request For Proposals (RFP) under

OregonBuys Bid # S-10700-00010230

PREFABRICATION BUILDINGS

Date of Issue: April 29, 2024

Opening Date and Time: May 30, 2024, at 2:00 PM

Single Point of Contact (SPC): Kelly Mann, State Procurement Analyst

Address: 1225 Ferry Street SE City, State, Zip Salem, OR 97301 Phone: 971-349-2117 E-mail: Kelly.Mann@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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

2.5 MINIMUM QUALIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS/REQESTS FOR CHANGE TO SOLICITATION

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL SUBMISSION

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

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 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services (“Agency”) on behalf of State agencies, boards and commissions and the Oregon Cooperative Procurement Program (OrCPP), is issuing this Request for Proposal under the provisions of ORS 279B.060 to establish a Price Agreement for the purchase of concrete prefabricated buildings, delivery and offloading of those buildings to various sites statewide. The buildings include vault and flush restrooms, showers, combination toilet/shower, and utility buildings.

This solicitation is for the purchase of complete buildings, delivery and offloading of those buildings by the manufacturer to the installation site. This solicitation and the resulting contract do not include any site work, installation or utility connections. Site preparations, installation and final utility connections will be completed under separate contracts.

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

Agency anticipates the award of one (1) Price Agreement from this RFP. The initial term of the Price Agreement is anticipated to be five (5) years with options to renew up to a cumulative maximum of ten (10) years.

Proposers are advised that there is no guarantee of any specific number of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

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.

Event Date Time

Pre-Proposal Conference May 8, 2024 9:00 AM

Questions / Requests for Clarification Due May 15, 2024 2:00 PM

Answers to Questions / Requests for Clarification/Requests for Change Issued (approx.) May 17, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal May 30, 2024 3:00 PM

Issuance of Notice of Intent to Award (approx.) June 12, 2024

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

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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

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency 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.

“Addendum” (referred to as “Amendment” in OregonBuys) a material changes in, or clarification to the RFP documents. Each Addendum shall be labeled as such, issued by DAS PS, and shall be published via OregonBuys for interested prospective Proposers. The plural form of “Addendum” is “Addenda.”

"Affected Proposer" means an entity whose ability to participate in a Procurement is adversely affected by an Agency decision.

“Authorized Purchaser” means the Agency or OrCPP member with authority to issue Purchase Orders and commit and disburse funds for requested goods.

"Award" means the Agency's identification of the firm with whom the Agency intends to enter into a Price Agreement.

"Department of Administrative Services” or “DAS" is the State of Oregon agency with responsibility for this RFP and for management of any Price Agreements resulting from this

RFP.

“Electronic Procurement System” means OregonBuys.

“F.O.B. Destination” means the seller retains the legal title to the goods until the goods reach the location of the Authorized Purchaser.

“Goods” means prefabricated buildings, options for those buildings and incidentals to the buildings.

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"Offer" means a response to this solicitation.

“Ordering Instrument” means Purchase Order, and example is included in (Attachment A, Exhibit B).

“OregonBuys” means the on-line electronic Oregon Procurement System administered by DAS

PS.

“Prefabricated structure” means a building that has been manufactured or assembled using closed construction at an off-site location and does not mean a manufactured dwelling or a small home.

"Price Agreement" means a Public Contract for the Procurement of Supplies and Services at a set price with:

(a) No guarantee of a minimum or maximum purchase; or

(b) An initial order or minimum purchase combined with a continuing Contractor obligation to provide Supplies and Services in which DAS SPO and Authorized Purchasers do not guarantee a minimum or maximum additional purchase.

"Proposal" is the Proposer’s response to this RFP.

"Proposer” or “Offeror" means any person, corporation, or partnership who chooses to submit a Proposal in response to this RFP, with the intent of providing prefabricated buildings, delivery and offloading of the structure/s.

“Purchase Order” means the Ordering Instrument used by an Authorized Purchaser and sent to Contractor awarded a Price Agreement resulting from this RFP for an order of Goods. Also referenced as “PO”.

“Request for Proposal” or "RFP" is this solicitation document, any attachments incorporated by reference, and any addenda issued for use in soliciting Proposals.

“Resident Proposer” means an Offeror that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Offer, has a business address in this State, and has stated in the Offer whether the Offeror is a “resident Offeror.”

"Responsive Offer" or "Responsive Proposal" means an Offer or Proposal which conforms in all material respects to the requirements set forth in the RFP and meeting the standards of ORS 279B.110.

“Responsive” means having the characteristic of substantially complying with this RFP, and as further defined in ORS 279B.005.

“Signature” means to write one's name to confirm assent, responsibility, or obligation, either by hand using ink or by electronic means that constitute an “electronic signature’ under ORS Chapter 84.

“State” means the State of Oregon.

“State building code” means the combined specialty codes.

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“Writing” or “Written” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” or “Written” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Department of Administrative Services is the central administrative agency of Oregon state government. Our mission is to serve state government to benefit the people of Oregon.

The Department of Administrative Services, Procurement Services (DAS PS), provides statewide contract and procurement services for state and partner agencies to create a thriving fair, open and flexible marketplace. DAS PS is responsible for purchasing and contracting for services, equipment and supplies which enables DAS PS to meet its mission, “We provide procurement services and expertise to government agencies and support of them fulfilling their agency missions”.

2.3.2 Project Overview and Background

The State identified the need for prefabricated buildings and began soliciting for these goods in 2009, leading to a solicitation for a Price Agreement in 2011. Purchasers have included State agencies, counties, and cities across the state. Most of these buildings have been placed in recreational areas for public use.

Although there is no granular information as to the amount for the specific types of buildings purchased, the total spent in 2009 and 2010 was $900,858. The Price Agreement (2011-current) has resulted in approximately $7,565,300.00 in purchases and delivery costs.

The previous opportunity was solicited as an Invitation to Bid; however, the decision to solicit this as Request for Proposal is intended to allow manufacturers an opportunity to share the latest specifications, floor plans, pricing and added value options the State may not have previously considered.

2.3.3 Purpose

The purpose of this solicitation is to establish a Price Agreement with a manufacturer for the purchase of concrete prefabricated buildings, delivery and offloading of those buildings to various sites statewide. The buildings include restrooms (vault and flush), showers, combination toilet/shower, and utility buildings.

This solicitation and the resulting Price Agreement and contracts under it do not include any site work, installation or utility connections. Prior to delivery, all site work will be complete.

This will reduce the impact of the installation activities on the natural resources at the site and expedite the completion of the projects. Site preparations, installation and final utility connections will be completed under separate contracts.

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2.4 SCOPE OF WORK

The prefabricated buildings DAS anticipates offering under a Price Agreement, including delivery and offloading (including crane services), will consist of:

• Single vault restroom

• Single flush restroom

• Two single user vault restroom

• Two single user flush restroom

• Multi-user (4 & 6) flush restroom

• Single flush restroom and shower

• Two single use flush restroom, two single use shower

• Two single user showers

• Multi-family (4) assist flush restroom

• Multi-family (4 & 6) assist flush restroom and showers

• Utility buildings

• Concession buildings (various sizes)

Restroom and shower models must include ADA equipped and accessible models.

Models offered should include models with and without chase.

Proposer may include but is not limited to options such as:

• Insulation and heating packages

• Electrical packages

• Marine packages

• Interior and exterior lighting

• Interior and exterior color options

• Building textures

• Roof textures

• Toilet paper dispensers

• Paper towel dispensers

• Toilet seat dispensers

• Soap dispensers

• Urinals

• Hand dryers

• Grab bars

• Coat hooks

• Mirrors

• Faucets

• Skylights

• Signage

• Baby changing table

• Bill changer

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• Coin-operated shower control

• Drinking fountain

• Additional crane services

Unless otherwise agreed, buildings must be delivered and off-loaded to Authorized Purchaser’s prepared location within 90 calendar days from the date the PO is received. All goods must be delivered F.O.B. Destination to the address provided on the PO submitted by the Authorized Purchaser.

All Goods provided under the resulting Price Agreement must be the new and current model.

The awarded Contractor must warrant Goods furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, the Contractor must warrant the Goods are suitable for and will perform in accordance with the ordinary use for which they are intended.

The awarded Contractor must be responsible for providing all necessary personnel, material, equipment, supervision, insurance and services to accomplish the work in accordance with industry standards.

2.5 MINIMUM QUALIFICATIONS

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

2.5.1 Licensing and Registration Requirements

2.5.1.1 Contractor’s business must be registered with the Secretary of State, Corporations Division.

2.5.1.2 Contractor’s business shall be currently registered with the Building Codes Division of the State of Oregon Consumer and Business Services as a qualified manufacturer of prefabricated buildings.

2.5.2 Proposal Cover Letter/Letter of Attestation

Proposer shall submit a cover letter with their Proposal attesting the Proposer has read and understand the RFP and sample Price Agreement terms and conditions and are able to provide the goods and services. The letter must include a statement that the Proposer is able to provide insurance coverages listed in Section 2.5.3 below for each Purchase Order delivery and provide documentation of the licensing requirements in Section 2.5.1.

2.5.3 Insurance Requirements

2.5.3.1 Contractor must be able to obtain insurance types and amounts typical for production and delivery of these type of Goods for each Ordering Instrument accepted. Suggested minimums include:

• Auto liability, Combined limit of $1,000,00 for bodily injury and property damage.

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• Commercial General Liability, $1,000,000 per occurrence and aggregate of $2,000,000.

• Professional Liability, $2,000,000

2.5.4 Prefabricated Buildings Requirements

2.5.4.1 Prefabricated buildings intended for sale must be constructed according to construction documents approved by the Prefabricated Structures Program unless they are exempt. (OSSC, chapter 1, 101.2)

2.5.4.2 Prefabricated building construction documents must comply with the adopted Oregon specialty codes, statutes, administrative rules, and other applicable regulations. Construction documents must be prepared by an Oregon approved design professional for all disciplines (structural, mechanical, plumbing, electrical, etc.).

2.5.4.3 Prefabricated buildings must be available for delivery to any location within the state of Oregon, F.O.B. Destination.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Elements

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Cover Letter/Letter of Attestation

• Technical Proposal (Prefabricated Building Specifications)

• Delivery and Offloading Options

• Key Persons and Resumes

• Project Implementation Plan

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.1.2 Proposal Page Limits

Proposal is limited to 15 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Cover Letter/Letter of Attestation

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

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• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Technical Proposal (Prefabricated Building Specifications)

3.1.3 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 should follow the procedures outlined in OregonBuys Supplier Bid Solicitation Response 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 required forms bearing the Proposer’s authorized representative’s Signature, in one of the following formats:

Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

3.1.4 Authorized Representative

When Signatures are required on forms, they must bear the Proposer’s authorized representative’s Signature. Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.2 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 and provide pricing for the Goods to be provided. A Proposal that merely offers to provide the goods or services as stated in this RFP will 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.

3.2.1 Proposal Cover Letter/Letter of Attestation (pass/fail)

Proposer must submit a Proposal cover letter including the information requested in Section 2.5.2.

3.2.2 Technical Proposal - Prefabricated Building Specifications (Scored)

For each type of building or accessory the Proposer is offering as part of this solicitation, Proposer must include clear, precise and accurate specifications. Offerors must clearly identify all goods offered. Brand name, model, and model serial, or identification number, where applicable, must be shown. Proposer must provide calculations, plans and specifications which meet or are stricter than the requirements in the current State of https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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Oregon Building Code, including the Structural, Mechanical, Plumbing and Electrical Specialty Codes, Oregon Non-Residential Energy Code, and Build America Buy America requirements. Additional regulations, shown in the Oregon Administrative Rules (OAR) and Oregon Revised Statutes (ORS) may be applicable.

Each specification submitted must clearly identify:

• The type and style of the building or accessory.

• The scale of the submitted specification.

• Options available at additional cost and unit of measure for option.

3.2.3 Delivery and Off-loading Options (Scored)

Describe the method/s the Proposer intends to use for delivery and off-loading of the Prefabricated Buildings while obtaining the best value and meeting the timelines for the State. Respondent shall provide a summary of their history of meeting the delivery and installation timelines and describe situations where projects were delayed or ahead of schedule.

3.2.4 Key Persons and their Resumes (Scored)

Specify key persons to be assigned to this project and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP. The resumes should reflect experience in management of large-scale projects. evaluating, consulting, and providing appropriate product recommendations to meet customer needs and expectations.

3.2.5 Project Implementation Plan (Scored)

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

3.2.6 Disclosure Exemption Affidavit (If applicable)

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

3.2.7 Proposer Information and Certification Sheet

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

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

3.2.8 References

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the

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Proposal.

3.2.9 Price Proposal

Proposer shall submit pricing for each prefabricated building specification and for any options available to those buildings submitted as part of the Proposal. The Price Proposal must be inclusive of all costs for buildings, building options, personnel, supplies, fees, cranes, the 2% vendor collected administration fee, administrative and overhead charges, warranty, training and any and all other costs. Additionally, include any discounts available to Authorized Purchasers and the terms and conditions which those discounts are applicable.

If Proposer has a set rate for delivery as described in section 3.2.2, that pricing should also be included.

Submit the Price Proposal Form (Attachment E) electronically though OregonBuys as a separate file.

3.2.10 COBID Certification / Outreach Plan (Attachment F)

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, click here. Proposer must submit completed Attachment F, COBID Certification / Outreach Plan.

3.2.11 Responsibility Inquiry (Attachment G)

Proposers must complete, sign and submit a Responsibility Inquiry form (Attachment G) with Proposal.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC 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.

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

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4.2 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 project;

• 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 Agency. Proposers may be asked to submit questions in Writing.

The pre-Proposal conference will be conducted electronically, via “Teams” virtual audio/visual meeting. Interested parties wishing to attend the online conference must use this link to join the meeting Join the meeting now or alternatively by phone at 503-446-4951, using the PIN, 920759593#.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS/REQESTS FOR CHANGE TO SOLICITATION

All inquiries, requests for clarification and requests for change, whether relating to the RFP process, administration, deadline or method of award, contractual terms, the intent or technical aspects of the RFP must:

• Be delivered to the SPC via an OregonBuys submission, or email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

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

• Be received by the due date and time for Questions/Requests for Clarification/Requests for

Change identified in the Schedule in Section 1.2.

If Agency agrees to make any requested changes to the Sample Price Agreement, Agency will issue an Amendment to notify Proposers of such changes.

4.4 SOLICITATION PROTESTS

4.4.1 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 Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Price Agreement marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDcxMWUyMzktM2I5Zi00ZjU1LWI5MjEtNDM0NDc0Yzc0MzM3%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2271d2f601-9da2-48fc-b3f2-26d6a85188d5%22%7d

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4.4.3 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.

4.5 PROPOSAL SUBMISSION

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery option is permitted for this RFP:

Delivery through OregonBuys

Proposal submission must 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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification via OregonBuys prior to the Proposal Opening date. If a Proposer wishes to withdraw a submitted Proposal, it must be withdrawn through the OregonBuys process prior to the Proposal Opening date.

4.7 PROPOSAL DUE

A Proposal (including all required elements) 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.

https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. The meeting link for that is Join the meeting now or alternatively by phone at 503-446-4951, using the PIN, 5595001857#.

Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to

OAR 125-247-0630.

4.9 PROPOSAL REJECTION

Agency 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 liquidated and delinquent debt owed to the State or any department or agency 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 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 RFP or Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 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 2.5 (Minimum Qualifications) Section 3.1 (Minimum Submission Requirements) and Section 3.2 (Proposal 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;

however, Agency may waive mistakes in accordance with OAR 125-247-0470.

Proposals not in substantial compliance with RFP requirements cannot be considered and cannot be supplemented by submissions delivered after the Proposal Opening Date.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzE0YjYxZWItZWUyYS00MTY0LTg2MTgtY2NlMDUyYTU1ZGVj%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2271d2f601-9da2-48fc-b3f2-26d6a85188d5%22%7d

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

4.10.2 Evaluation Criteria

Scoring will be based on the Proposer’s submission, with specific attention to the bullet points for each subsection.

4.10.2.1 Technical Proposal - Prefabricated Building Specifications

• Are the specifications clear, precise and adequate and show the scale?

• Did the Proposer clearly identify all goods offered, including brand name, model, and model serial, or identification number, where applicable?

• Do the proposed buildings have multiple models or options available?

• Are the specifications included for each of the buildings offered?

• Does the manufacturer include ADA offerings?

• Does the manufacturer baseline model provide a reasonable level of ready to use options?

• Does the proposer offer both single user and multi-user buildings?

• Does the manufacturer offer a variety of number and type of options available for the buildings?

• Do the goods meet applicable Build America Buy American requirements?

4.10.2.2 Delivery and Off-loading Options

• Does the manufacturer have adequate delivery options?

• Are the delivery options cost-effective?

• Did the Proposer submit specific pricing for locations throughout Oregon?

• Did the Proposer clarify the timelines for delivery and off-loading?

• Is the summary of their history of meeting the delivery and installation timelines clear and descriptive of the delivery the State and Authorized Purchasers requirement?

4.10.2.3 Key Persons and their Resumes

• Did the Proposer submit adequate information for the key person roles?

• Do the resumes demonstrate the qualifications and experience necessary to facilitate the ordering, delivery and requirements of the proposed price agreement?

4.10.2.4 Project Implementation Plan

• How clearly did the Proposer describe how Proposer would carry out the major activities of this project in context with the Scope of Work (ordering, fabrication, delivery, etc.).

• Is the management plan the Proposer submitted comprehensive in its explanation of how the plan will serve to coordinate and accomplish the Work?

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4.10.3 PREFERENCES

4.10.3.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.3.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency 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.

4.10.3.3 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.10.3.4 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE: 250

4.10.2.1 Technical Proposal, Prefabricated Building

Specifications

4.10.2.2 Delivery and Off-loading Options 50

4.10.2.3 Key Persons and their Resumes 50

4.10.2.4 Project Implementation Plan 50

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

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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.

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Agency 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 this 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.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal as described in Section 4.11 (above).

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.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency 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.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Price Agreement, will award a Price Agreement to the highest-ranking Responsible Proposer based upon the scoring methodology and process described in

1 – 4 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

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Section 4. Agency may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Price Agreement to the selected Proposer subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have seven (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 Price 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.

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

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

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Price 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 seven (7) calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency 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 Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

The Proposer who is selected for a Price Agreement award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding

DAS Procurement Services, Version 4.5 March 31, 2023 Page 21 of 23 status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.2 Pay Equity Certification

If selected for award and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency 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 Price Agreement.

5.3.3 Nondiscrimination in Employment

As a condition of receiving the award of a Price 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.

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Price 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 Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Price Agreement and note exceptions.

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

Following the selection of the apparent successful Proposer, 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 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.

Agency is willing to negotiate all items, except those listed below:

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• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

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 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 6.2 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.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency 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 Agency. 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 Price 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 Agency.

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

Pursuant to ORS 279B.100, Agency 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 Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or

DAS Procurement Services, Version 4.5 March 31, 2023 Page 23 of 23 cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

6.5 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.

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable,…