S-25900-00009579 RFP~2.pdf

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STATE OF OREGON

COVER PAGE

Department of Public Safety Standards and Training

Is issuing this Request for Proposals (RFP) under

OregonBuys Open Market Bid Number S-25900-00009579 for

THIRD‐PARTY EMPLOYER OF RECORD SERVICES

Date of Issue: March 5, 2024

Opening Date and Time: April 2, 2024, at 2:00 PM (PST)

Single Point of Contact (SPC): Adam Bergerson, Procurement Specialist

Address: 4190 Aumsville Hwy SE Salem, OR 97317 (503)490-0139

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/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 [Reserved]

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

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

4.13 [Reserved]

4.14 [Reserved]

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 BLANKET PURCHASE ORDER 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

6.9 [Reserved]

6.10 [Reserved]

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT/BLANKET PURCHASE ORDER

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK 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 Public Safety Standards and Training, (“Agency” or “DPSST”) as the designated fiduciary for the Oregon-Idaho High Intensity Drug Trafficking Area (“OR-ID HIDTA”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for third-party employer of record (“EOR”) services.

The selected vendor will provide staffing services, payroll processing, payroll funding, and employer of record services for contractors or OR-ID HIDTA.

The High Intensity Drug Trafficking Area (HIDTA) is the designation given by the Office on National Drug Control Policy (ONDCP) to those areas in the country that are disproportionately impacted by the trafficking of drugs.

The mission of the HIDTA program is to reduce drug availability and disrupt the market for illegal drugs in the United States by creating intelligence-driven drug task forces aimed at eliminating or reducing domestic drug trafficking and its harmful consequences through enhancing and helping to coordinate drug trafficking control efforts among federal, state, and local law enforcement agencies.

DPSST has been designated as the responsible agency to ensure the Oregon-Idaho HIDTA program meets ONDCP audit requirements as it relates to National HIDTA program guidelines and responsibilities for fiduciary agencies. DPSST is the responsible agency for proper administration and reimbursement of HIDTA program funds under state laws, rules, policies, procedures, and budgetary authority, including ORS 181A.410.

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

Agency anticipates the award of one (1) Blanket Purchase Order (“BPO”) from this RFP.

The initial term of the BPO is anticipated to last through December 31, 2026, with options to renew up to a cumulative maximum of 10 years.

Agency may issue purchase orders or work orders pursuant to this BPO up to two years from the effective date of the BPO.

Any purchases under the BPO must be authorized by purchase orders or work orders issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample BPO.

Proposers are advised that there is no guarantee of any specific amount of purchases under the BPO. Notwithstanding the award of a BPO, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for 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

DAS Procurement Services, Version 4.5 March 31, 2023 Page 4 of 20 dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Questions / Requests for Clarification Due March 19, 2024 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) March 26, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal April 2, 2024 2:01 PM

Issuance of Notice of Intent to Award (approx.) April 16, 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

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and ORS 181A.410(2).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137- 047-0260. 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 137-046-0110 or as defined below.

2.2.1 “Blanket Purchase Order” means a Contract between DPSST and the selected Responsive and Responsible Proposer for Services at agreed upon terms and pricing for use by DPSST on behalf of OR-ID HIDTA. Also known as an Agency Price Agreement.

2.2.2 “Business Day” means any day Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, excluding State of Oregon holidays and business closure days.

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2.2.3 “Bid Opening Date” means the date and time within OregonBuys as the deadline for submitting Offers. Defined as the Closing in OAR 137-046-0110.

2.2.4 “Calendar Day” means any day on the Western calendar.

2.2.5 “Contract” means any Purchase Order or other agreed upon ordering instrument issued under this BPO.

2.2.6 “Deliverables” means all Products and items that Contractor is required to provide to DPSST under a PO as part of the Services, including Work Product.

2.2.7 “Services” means furnishing of labor as specified within this Solicitation Document and incorporated attachments.

2.2.8 “Work Product” means every invention, discovery, work of authorship, trade secret, or other tangible or intangible item and all Intellectual Property rights therein that Contractor is required to deliver to DPSST pursuant to the Services.

2.3 OVERVIEW AND PURPOSE

2.3.1 Project Overview and Background

A majority of the positions within OR-ID HIDTA program are selected by and work at the pleasure of the HIDTA Executive Board. Those individuals shall be directly employed by the vendor selected through this Request for Proposals, as independent contractors, as defined in ORS 670.600.

2.3.2 Purpose

The intended beneficiary of the anticipated BPO is the OR-ID HIDTA program.

The intended outcome of this solicitation is to establish a single BPO with an established company with experience providing similar third-party employer of record services. The anticipated BPO may be utilized by OR-ID HIDTA to employ between one and six contract positions depending on need and funding availability.

2.4 SCOPE OF WORK/SPECIFICATIONS

Selected Vendor shall work with OR-ID HIDTA as the Authorized Purchaser, to provide third-party employer of record services for W-2 professional contract workers including, but not limited to, the following:

2.4.1 Provide staffing services including processing all required employment eligibility and other related documentation.

2.4.2 Provide and administer a competitive benefits package employment to include medical, vision, dental, other insurance plans, and any other benefits that may be afforded to similar EOR employees.

2.4.3 Keep and maintain employment records as required by any applicable laws and regulations.

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2.4.4 Provide and administrate a competitive benefits package to all EOR employees, to include health and retirement benefits.

2.4.5 Keep and maintain registration with the Corporate Division of the Oregon Secretary of State as an employer in the State of Oregon and remitting payment and tax returns for EOR employees for the following:

2.4.5.1 State and local payroll taxes;

2.4.5.2 Unemployment Insurance premiums; and,

2.4.5.3 Workers’ Compensation Insurance Premiums or Assessments.

2.4.6 Provide payroll processing services; calculate and withhold employee taxes, state unemployment insurance and other state mandated benefits; calculate and distribute taxes and other employer payments and documents to appropriate federal, state, and local municipalities as required.

2.4.7 Administer and process any tax and compensatory benefit program deposits provided by the

EOR.

2.4.8 Complete and file state payroll tax reports in a timely manner consistent with state reporting requirements.

2.4.9 Complete all tax deposits in a timely manner consistent with applicable laws and reporting requirements.

2.4.10 Determine and comply with any state-based employer obligations applicable to an employee working exclusively from a state other than Oklahoma including any state-based wage and hour regulations, registration or reporting obligations, or statutory benefits.

2.4.11 Provide a seamless, easy-to-use system or methodology for adding, removing, or changing a single employee record.

2.4.12 Determine and comply with State of Oregon requirements for unemployment insurance and rate charged.

2.4.13 Determine and comply with any workers’ compensation insurance requirements and address claims as they arise.

2.4.14 Ensure new hires are properly onboarded and entered into the EOR payroll system.

2.4.15 Retain all records of services, including records of payments or fulfillment of compliance obligations, concerning a designated employee until at least six years, or as otherwise required with any applicable law, after that employee’s separation from service with the EOR or the termination of the EOR contract with DPSST. Provide DPSST prompt access to any designated employee’s records upon request for the records.

2.4.16 Determine and comply with applicable occupational health and safety standards.

2.4.17 Determine and comply with any state-based employment laws applicable to an employee working exclusively from a state other than Oregon.

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2.4.18 In consultation with OR-ID HIDTA provide any required employee discipline and termination in accordance with all applicable laws and regulations.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 [RESERVED]

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):

Executive Summary

Administrative Proposal

Employee Benefits Available

Disclosure Exemption Affidavit (Attachment B)

Proposer Information and Certification Sheet (Attachment C)

Reference Check Form (Attachment D)

Price Proposal Form

COBID Certification / Outreach Plan (Attachment F)

Responsibility Inquiry (Attachment G)

Key Persons and Resumes

3.2.2 Proposal Page Limits

Proposal is limited to 10 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:

Disclosure Exemption Affidavit (Attachment B)

Proposer Information and Certification Sheet (Attachment C)

Reference Check forms

Price Proposal

COBID Certification / Outreach Plan (Attachment F)

Responsibility Inquiry (Attachment G)

3.2.3 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 should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in Section 4.5 for

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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). 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.

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

3.2.4 Authorized Representative

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

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 Services to be performed. A Proposal that merely offers to provide the 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).

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

3.3.2 References

Provide three references from current or former client firms for similar projects performed for any clients within the last two years. References must be able to verify the quality of previous, related work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

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Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, and sent to the SPC. Reference forms must be received prior to opening. Reference forms received after opening will not be scored.

3.3.3 Price Proposal

Submit a detailed Percentage Based Price Proposal in a separate attachment Electronically through OregonBuys.

3.3.4 Key Persons and their Resumes

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.

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.

4.2 PRE‐PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

4.3 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.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

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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 BPO. 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 BPO 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 or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

Be delivered to the SPC via email, or hard copy;

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 DELIVERY OPTIONS

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 delays in mail or by common carriers or by 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 options are permitted for this RFP:

Proposal should be electronically submitted 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

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If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). 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, it must submit a written notice signed by an authorized representative of its intent to withdraw to the SPC via email or hard copy prior to the Opening in accordance with OAR 137-047-0440. To be effective the notice must include the OregonBuys bid number.

4.7 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.

4.8 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. 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 137-047-0630.

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

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

4.10.1.2 Responsibility Determination

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

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

4.10.2 Evaluation Criteria

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 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

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 and project.

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.

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

0 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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4.10.2.1 Evaluation Item 1

Please provide an overview of your organization’s experience and qualifications for similar sized projects; includes demonstrating that your organization has sufficient size and depth of management, financial strength, resources and services to support the need.

4.10.2.2 Evaluation Item 2

Please provide a timeline with key milestones for set-up/implementation of services and roles of responsibilities of contractor and OR-ID HIDTA to achieve each milestone.

4.10.2.3 Evaluation Item 3

Payroll Processing: Management of all aspects of payroll, including calculating wages, deductions, and taxes for employees ensuring timely and accurate payment to workers.

Please provide the markup cost for this service.

4.10.2.4 Evaluation Item 4

Tax Compliance: responsibility for handling tax withholding and reporting, including income taxes, social security, and unemployment taxes. How do you stay up to date with tax laws and regulations.

4.10.2.5 Evaluation Item 5

Onboarding and Offboarding: How will you manage the onboarding process for new employees, including paperwork, background checks (if necessary), and legal compliance.

Also include the management of offboarding tasks, such as final paychecks.

4.10.2.6 Evaluation Item 6

Benefits Administration (if required): Will you offer benefits packages to eligible workers, including health insurance, retirement plans, and other employee benefits and how does that impact markup fees?

4.10.2.7 Evaluation Item 7

Workers' Compensation: Do you provide and manage workers' compensation claims and insurance, ensuring that employees are covered in case of work-related injuries or illnesses.

4.10.2.8 Evaluation Item 8

Compliance and Legal Responsibilities: Will you keep up-to-date with labor laws and regulations, ensuring that clients remain in compliance with employment laws, such as minimum wage, overtime, and workplace safety requirements.

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4.10.2.9 Evaluation Item 9

Risk Management: Will you provide assistance in mitigating employment-related risks by providing guidance and support in areas like employee relations, disciplinary actions, and terminations?

4.10.2.10 Evaluation Item 10

Record Keeping: Do you maintain accurate and up-to-date employment records for all contingent workers, including pay stubs, tax records, and personnel files?

4.10.2.11 Evaluation Item 11

Employee and Admin Support: Will you provide support to OR-ID HIDTA and the program participants, including assistance with HR-related inquiries, dispute resolution, and guidance on employment-related issues?

4.10.3 PRICE EVALUATION

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

4.10.4 PREFERENCES

4.10.4.1 [Reserved]

4.10.4.2 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.

4.10.4.3 [Reserved]

4.10.4.4 Tiebreakers

If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a BPO, Agency shall award the BPO in accordance with the procedures outlined in

OAR 137-046-0300.

4.11 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator for Evaluation Items 1-11.

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

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4.12 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).

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.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Interviews

Presentations/Demonstrations/Additional Submittal Items

Discussions and submittal of revised Proposals

Serial or simultaneous negotiations

Best and Final Offers

4.12.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to

TOTAL POINTS POSSIBLE: 160

EVALUATION ITEM POINTS POSSIBLE: 110

4.10.3 PRICE POINTS POSSIBLE: 50

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4.12.2 [Reserved]

4.13 [RESERVED]

4.14 [RESERVED]

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a BPO, will award a BPO to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in 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 BPO 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 seven 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 BPO 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 BPO Negotiations and award.

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5.2.1.1 Protest Requirements

Protests must:

Be delivered to the SPC via email or hard copy;

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 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

Proposer who is selected for a BPO 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 Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C 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 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.

5.3.3 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 BPO. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry.

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5.3.5 Pay Equity Certification

If selected for award and the BPO value exceeds $500,000 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 BPO.

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a BPO 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 BLANKET PURCHASE ORDER NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample BPO 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 Contract/BPO, 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 BPO with the successful Proposer substantially in the form set forth in Sample BPO (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract/BPO 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:

Choice of law

Choice of venue

Constitutional requirements

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Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 14 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 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

If the BPO has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) 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 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.

6.4 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, DAS Procurement Services, Version 4.5 March 31, 2023 Page 20 of 20 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 BPO, 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.

6.5 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 cancellation of the RFP or a BPO award, or the rejection of any Proposal.

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 BPO. (ORS 279B.025)

6.9 [RESERVED]

6.10 [RESERVED]