S-26000-00017490 - RFP Document.docx

State of Oregon

COVER PAGE

The Oregon Department of the State Fire Marshal is issuing this Intermediate Procurement under S-26000-00017490 for

STRATEGIC MARKETING SUPPORT AND SERVICES

Date of Issue: September 11, 2026 Opening Date: October 9, 2026

OregonBuys Bid # S-26000-00017490

DAS Procurement Services, Version 4 - March 31, 2023 Page 4 of 18

Table of Contents

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of the State Fire Marshal, (“Agency”), is issuing this Intermediate Procurement for a full service marketing company.

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

Agency anticipates the award of one Contract from this solicitation. The initial term of the Contract is anticipated to be up to two years.

SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation.

SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

General Definitions Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

RESERVED

OVERVIEW AND PURPOSE

The Agency was formed with the mission to protect people, property, and the environment from fire and hazardous materials. As part of that mission, the Agency has the goal of making “Home and First Five Feet” the widely understood public shorthand for wildfire preparedness in Oregon by 2028. The goal is for most Oregonians to know that actions (like cleaning gutters, removing debris, and hardening their homes) can dramatically reduce wildfire risk.

The campaign that the selected organization will develop with the Agency will leverage plain language, trusted messengers, visual demonstrations, and consistent messaging across paid, earned, and owned media. Success will be measured by widespread public recall, partner adoption, and spontaneous use of the phrase “Have you checked your home and first five feet?” in everyday conversations. Ultimately, the Agency seeks to embed this concept in Oregon’s culture, empowering residents to protect themselves year-round and making wildfire preparedness accessible to all.

SCOPE OF WORK/SPECIFICATIONS

The Agency is seeking a full-service marketing vendor to do the following:

Campaign strategy & planning

· Translate the Agency’s “Home and First Five Feet” strategic communications plan into a fully executable marketing roadmap.

· Develop seasonal, statewide campaign plans (fall, winter, spring, summer) that reflect the strategic priorities and action themes identified in the plan.

· Provide regular strategic counsel to ensure messaging stays aligned with wildfire science, Agency priorities, partner needs, and evolving public understanding.

Creative development & messaging

· Create cohesive campaign concepts that reinforce the core message: “Protect your home and first five feet.”

· Develop plain‑language messaging supported by technical accuracy, consistent with Agency guidance.

· Produce creative assets across formats, including:

· Digital/social graphics

· Print collateral

· Short‑form and long‑form video

· Broadcast radio/audio spots

· Toolkit materials for partner organizations

· Visual demonstrations (e.g., ember tests, five‑foot walkthroughs)

· Ensure all creative is culturally informed and available in both English and Spanish, with options for additional languages as needed.

Media planning & buying

· Develop and execute a paid media strategy using defined priority channels:

· Digital video and connected TV

· Social media (Facebook, Instagram, LinkedIn)

· Streaming audio

· Local broadcast

· Eastern Oregon newspapers

· Search advertising

· Provide recommendations for geotargeting in higher-risk wildfire areas.

· Manage vendor relationships, negotiate placement, optimize spend, and produce regular analytics reports.

Content production & distribution

· Produce seasonal content aligned to homeowner readiness actions (fall cleanup, winter planning, spring yard work, summer safety).

· Create repeatable content formats (e.g., “Five Feet Friday,” seasonal maintenance reminders, ember demonstration clips).

· Maintain consistent distribution across Agency-owned channels:

· Website

· Social media

· Constant Contact email campaigns

· Newsroom articles

· Partner newsletters

Community & Partner Integration

· Develop co-branded partner materials for trusted messengers statewide: fire districts, Oregon State University (“OSU”) Extension, emergency managers, community wildfire groups, media organizations, etc.

· Support partner adoption by producing toolkits, training decks, and briefing materials.

· Coordinate messaging consistency across partner communications.

Spanish-Language & Cultural Adaptation

· Produce Spanish-language creative assets and collaborate with Spanish media outlets.

· Provide culturally relevant adaptation—not just translation.

· Support Agency fire risk reduction specialists with on-the-ground materials for outreach in Spanish-speaking communities.

Tribal & Community Engagement Support

· Produce tribal-informed materials and ensure appropriate representation.

· Adapt outreach content to reflect the needs of rural, wildland-urban interface, older adult, renter, and newcomer audiences.

Visual Demonstration Production

· Plan, script, and produce visual demonstrations such as ember exposure tests, before/after home hardening examples, and five-foot walkthrough videos.

· Consider on-location shoots with community partners when appropriate.

Campaign Measurement & Reporting

· Measure awareness, recall, message saturation, media usage, partner adoption, digital engagement, and public action-taking.

· Produce monthly reporting dashboards and quarterly deep-dive analytics.

· Provide recommendations for adjustments based on performance and seasonal wildfire conditions.

Project Management & Communication

· Provide a dedicated account team responsible for campaign execution, communication, timelines, and quality control.

· Maintain steady collaboration with the Agency public affairs staff and other Agency staff as needed.

· Attend periodic progress check-ins and pre-season briefing meetings as needed.

Example Deliverables The vendor shall provide, at minimum:

· Annual and seasonal marketing plans

· Full suite of creative assets

· Paid media strategy and placements

· Partner toolkits and briefing materials

· Video/photo demonstration content

· Website content and interactive features

· Multilingual assets

· Monthly reporting dashboards and quarterly strategic reviews

· A final impact report at the conclusion of the campaign

PROCUREMENT REQUIREMENTS AND EVALUATION

MINIMUM OFFER REQUIREMENTS

BUSINESS

To be considered for evaluation, Offeror must demonstrate how Offeror meets all of the following business requirements:

· A minimum of five years of experience providing full-service marketing, communications, or strategic campaign development for public-sector agencies, nonprofit organizations, or large-scale public outreach initiatives.

· Technical expertise, either in‑house or subcontracted, including, but not limited to, the following:

· Digital advertising (display, video, search, and social)

· Social media campaign management

· Video production, editing, and post‑production

· Graphic design across digital and print formats

· Multilingual and culturally relevant content development (English and Spanish required; additional languages preferred)

· Website content development and optimization

· Experience producing culturally informed, community‑accessible visual demonstrations relevant to wildfire preparedness (such as ember tests or home‑hardening walkthroughs).

TECHNICAL

To be considered for evaluation, Offeror must demonstrate how the proposed solution meets all of the following technical requirements:

· The capability to deliver all required services described in the Scope of Work, including campaign strategy, creative development, media buying, content production, and partner integration.

· The ability to collect, analyze, and report campaign performance metrics, including digital analytics, media performance, audience engagement, and message recall.

· The technical capacity to produce and distribute content across Agency‑owned channels such as websites, email platforms, social media, and partner communications systems.

· The ability to maintain tools, platforms, or systems that ensure efficient project management, version control, communication, and collaborative workflow with Agency staff.

· The ability to develop accessible materials that comply with Section 508 standards and Oregon accessibility guidelines.

MINIMUM SUBMISSION REQUIREMENTS

Offeror Format and Quantity Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information.

Offeror shall submit one electronic copy of its Offer. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B), and Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

The Offer content shall be limited to no more than five pages.

Any pages exceeding the above limit (including additional attachments) will not be provided to the Evaluation Committee or considered for evaluation. The following items do not count toward the page limit:

· Affidavit of Exemption from Disclosure (Attachment B)

· Offeror Information and Certification Sheet (Attachment C)

· Reference Check Form (Attachment D)

· COBID Certification/Outreach Plan (Attachment F)

· Responsibility Inquiry (Attachment G) Authorized Representative A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

PROCUREMENT PROCESS

Public Notice The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

Questions / Requests for Clarification All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

Be emailed to the SPC Reference the OregonBuys bid number Identify Offeror’s name and contact information Be sent by an authorized representative Refer to the specific area of the solicitation 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

RESERVED

Offer Submission Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

Submission Options OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

3.3.5 Modification or Withdrawal of Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

0. Offer Opening Date Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation. Late Offers will be returned to the respective Offeror or destroyed.

Offer Rejection Agency may reject an Offer for any of the following reasons:

Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.

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

Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

Offeror makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

Offeror attempts to inappropriately influence a member of the Evaluation Committee.

Offeror 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 solicitation or Amendment.

Opening of Offers There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identity of all Offerors after Opening.

OFFERS CONTENT REQUIREMENTS

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

Offeror Information and Certification Sheet (REQUIRED) The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C).

References (REQUIRED) Provide at least 3 references from current or former client firms for similar projects performed for any clients within the last 7 years. References must verify the quality of previous, related Work.

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

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

Certified Disadvantaged Business Outreach Plan (REQUIRED) The Offeror shall complete and submit the Certified Disadvantaged Business Outreach Plan (Attachment F).

Responsibility Inquiry (REQUIRED) The Offeror shall complete and submit the Responsibility Inquiry (Attachment G).

RESERVED

Public Record/Confidential or Proprietary Information All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

EVALUATION PROCESS

Responsiveness and Responsibility Determination Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting a offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

Evaluation Criteria Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of offers. A response to a clarification request must be to clarify or explain portions of the already submitted Offer and may not contain new information not included in the original Offer.

Evaluation Item 1: Campaign Strategy, Approach, and Understanding of the Agency’s Goals (50 points) How well does the Offeror demonstrate:

1. Understanding of the Agency’s mission & campaign objectives (10 points)

· Clear articulation of wildfire risk messaging goals, especially the “Home and First Five Feet” cultural adoption target

· Evidence they understand statewide, multi season wildfire preparedness communication needs

2. Strategic campaign planning approach (10 points)

· Strength and clarity of the proposed strategic framework

· Ability to translate the Agency’s strategic communications plan into actionable statewide and seasonal campaign roadmaps

· Evidence of experience developing multiyear public awareness campaigns

3. Innovation & public accessibility (10 points)

· Use of plain language, trusted messenger strategies, community relevance, and culturally informed creative methods

· Proposed techniques to embed “Protect your home and first five feet” in public recall and behavior norms

4. Measurement & performance integration (10 points)

· How well the Offeror proposes to measure awareness, recall, saturation, digital engagement, partner adoption, etc.

· Use of analytics to inform iterative improvement.

5. Risk mitigation & responsiveness (10 points)

· The Offeror's plan to maintain accuracy with wildfire science, adapt messaging to seasonal conditions, and respond to real time needs.

Evaluation Item 2: Capabilities, Technical Expertise, and Execution Plan (60 points) How well does the Offeror demonstrate:

1. Full‑service capabilities across required areas (10 points)

· Campaign strategy, creative development, content production, media buying, analytics, and partner integration.

· Clear demonstration of ability to produce assets in all required formats (video, digital, print, radio, Spanish‑language, and additional languages if needed).

2. Creative quality & cultural competence (10 points)

· Strength and relevance of sample work.

· Experience creating culturally relevant, multilingual materials (Spanish required).

· Ability to meet accessibility standards (Section 508 and Oregon guidelines).

3. Media buying & optimization skills (10 points)

· Experience managing digital video/CTV, social, streaming audio, search, and local print media.

· Approach to geotargeting in high‑risk wildfire areas.

· Quality of proposed optimization process and reporting cadence.

4. Technical production capability (10 points)

· Skill in producing visual demonstrations (ember exposure, home‑hardening walkthroughs)

· Capability to manage on‑location shoots with community partners.

· Clarity of production workflow, timelines, and quality control systems.

5. Project management & collaboration tools (10 points)

· How well the Offeror maintains timelines, version control, project tracking, communication, and regular check‑ins.

· Evidence of reliable collaborative processes with OSFM staff.

6. Partner & community integration plan (10 points)

· Strength of approach to supporting fire districts, OSU Extension, emergency managers, tribal nations, community wildfire groups, etc.

· Ability to produce toolkits, briefing materials, and co‑branded partner assets.

· Methods for ensuring messaging consistency across partners.

Evaluation Item 3: Experience & past performance (50 points) How well does the Offeror demonstrate:

1. Experience with statewide or regional public awareness campaigns of similar complexity. (10 points)

2. Evidence of effectiveness (case studies, KPIs achieved). (10 points)

3. Quality and relevance of references. (10 points)

4. Depth of technical specialists (creative, media, video, Spanish‑language, cultural adaptation). (10 points)

5. Staffing stability and availability. (10 points)

RESERVED

NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Establishing a Competitive Range Presentations/Demonstrations/Additional Submittal Items Interviews Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest-ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

PREFERENCES

Oregon Small Business Enterprises Agency prefers Oregon Small Business Enterprises (OSBEs), as described in OAR 125-246-0230. For evaluation purposes, Agency will apply an OSBE preference by increasing the score or point total of any Offer submitted by an OSBE by 10%.

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

Recycled Materials In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

Tiebreakers Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

POINT AND SCORE CALCULATIONS

Scores are the values assigned by each evaluator.

Points are the total possible value 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 the points for that criterion.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE : 160

POINTS POSSIBLE

RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

Award Consideration Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

Notice of Award Agency will notify all Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

Insurance Prior to execution of the Contract, the apparent successful Offeror shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest-ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to offer submission.

Taxpayer Identification Number The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

When requested by Agency (normally in an intent to award notice), or When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

Business Registry If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

CONTRACT NEGOTIATION

Negotiation After selection of a successful Offeror, Agency may negotiate the Statement of Work as well as following terms and conditions:

· Term of the contract

· Descriptions of goods and services

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

ADDITIONAL INFORMATION

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.

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 the COBID website or email COBID.

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

GOVERNING LAWS AND REGULATIONS

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

OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025)

RESERVED

RESERVED

LIST OF ATTACHMENTS

image1.jpeg