S-34000-00000781~1.pdf

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY

EQUITY IN STRATEGIC PLANNING FOR THE MATERIALS

MANAGEMENT GRANTS

Request for Proposal (RFP)

S-34000-00000781

Date of Issue: 9/17/2021

Closing Date: 10/18/2021

Single Point of Contact (SPC): Tempest Roberts, Procurement and Contracts Specialist

Address: 700 NE Multnomah Street, Suite 600 City, State, Zip Portland, OR 97232 Phone (voice) 503-880-6999

E-mail: BIDSDEQ@deq.state.or.us mailto:BIDSDEQ@deq.state.or.us

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 DEFINITIONS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 PROPOSAL CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 NEXT STEP DETERMINATION

3.7 PREFERENCES

3.8 POINT AND SCORE CALCULATIONS

3.9 RANKING OF PROPOSERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 GOVERNING LAWS AND REGULATIONS

5.2 OWNERSHIP/PERMISSION TO USE MATERIALS

5.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

5.4 COST OF SUBMITTING A PROPOSAL

5.5 STATEWIDE E-WASTE/RECOVERY POLICY

5.6 RECYCLABLE PRODUCTS

5.7 PRINTING, BINDING, AND STATIONERY WORK

5.8 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PRICE PROPOSAL FORM (TO BE PROVIDED BY PROPOSER)

ATTACHMENT E CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G PREVIOUS EXPERIANCE (TO BE PROVIDED BY PROPOSER)

ATTACHMENT H PROJECT PLAN (TO BE PROVIDED BY PROPOSER)

RFP S-34000-00000781– EQUITY IN STRATEGIC PLANNING FOR THE MATERIALS MANAGEMENT GRANTS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

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 October 1, 2021 2:00 PM

Questions / Requests for Clarification Due October 15, 2021 5:00 PM

Closing (Proposals Due) October 18, 2021 5:00 PM

Issuance of Notice of Award (approx.) November 15, 2021

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, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under OAR 125-246-0170(2).

Agency is using the Request for Proposals method, pursuant to ORS 279B.060 and OAR 125- 247-0270.

2.2 DEFINITIONS

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Agency provides vital services and protections to the health and well-being of Oregon’s community members and environment. Agency monitors environmental conditions, promotes programs to ensure that Oregon’s air, water, and land are restored and protected, responds to environmental emergencies, and works with regulated entities to ensure compliance with environmental laws and rules using a combination of regulatory, technical

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2.3.2 Project Overview, Background and Purpose

Agency is committed to taking action on DEI in all of its programs. Advancing diversity, equity and inclusion in the grant space writ large is still a nascent practice, with limited models or best practices emerging to date. An important opportunity for Agency to advance DEI is through the MM Program’s unique granting activities.

Updating the Grants Program can increase not only the effectiveness but also the reach of these grant investments across more communities in Oregon. A large pool of potential recipients is not participating for lack of awareness, grant-writing experience, comfort with government processes or other barriers. Expanding access is critical to encourage and enable potential applicants, particularly from marginalized communities, to successfully apply for funding.

Ultimately, getting funding in the hands of organizations that are innovating and driving change in their communities is the core function of the Grants Program.

Our approach through the expertise pursued in this request for services is directly related to objectives included in the recently published State of Oregon Diversity, Equity, and Inclusion Action Plan, “As Oregon changes demographically, state agencies must formulate new approaches to ensure all residents can live and thrive in our state, across their identities.”

These core values that guide the work of Agency’s MM Program support pursuing and integrating DEI:

• Healthy environment for all.

• Dignity for all human beings.

• Social equity is an environmental issue.

• Collaboration makes us stronger.

• Research and measurement are valuable tools.

• We can move beyond business as usual.

• We must be adaptable to succeed in the face of change.

• The needs of all communities inform our work.

In addition, social equity is one of the MM Program’s stated focus areas. According to the MM Program’s 2020 Framework for Action: “…by advancing equity and increasing opportunities for historically marginalized communities, we can better serve the people of Oregon.”

The central mission of Agency’s MM Grant Program is to invest in a future that transforms how we use materials and products. To reach these goals, Agency has historically provided grant funding to businesses, schools, non-profits and local governments through two (2) grant programs: The General MM Grant, and The Repair and Reuse Workforce Development Grant. Agency would like to make the grant programs more accessible to those who have historically not been empowered to apply for or successfully be awarded grant funds.

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Agency recently piloted asking questions and applying scoring criteria in its grant application template to gauge the DEI practices and values of grant applicants.

These initial efforts have revealed some important issues including:

• The need for clear goals and objectives for the DEI outcomes sought through granting activities, and clear statement of them to applicants;

• The challenges in balancing the needs and capacities of diverse communities in Oregon, from rural, suburban and urban regions of the state;

• How to best incorporate internal and external perspectives and new, safer and more inclusive ideas in the development of grant applications and questions, scoring and evaluation criteria and other grant administrative processes; and,

• The need for better DEI guidance and training for the members of the grant application evaluation committee.

Agency staff are currently engaged in strategic planning for the MM Grants Program with the goal of developing a five (5) year Strategic Plan to set funding priorities and guide grant-making activities. Expertise is needed to assist with a review of the existing MM Grants Program and the development and implementation of a Strategic Plan to ensure the MM approach to DEI is as clearly defined, effective and inclusive as possible.

The MM Grant Program is on pause while these efforts are developed, and Agency plans to launch the next cycle in the summer of 2023.

2.4 SCOPE OF WORK

2.4.1 Consulting and Training Services

Agency is seeking services in consulting and training focused on integrating DEI into its MM Grant Program, including guidance on change management. In each project area, the contractor shall provide services to Agency that meet the highest standards prevalent in the industry for such services. Below are the different elements of this project.

Element #1: Strategic Plan development and review process

• Review current Strategic Plan components and provide recommendations and additions to better address DEI.

• Provide guidance on more inclusive engagement of stakeholders, potential grant applicants, and community representatives. The contractor is not expected to lead the engagement sessions but will guide the Agency in doing so. Agency may contract with other experts to lead the engagement opportunities.

• Assist with identifying or establishing a process for identifying the DEI needs and capacities of a diverse set of communities.

Element #2: DEI goals and objectives for MM Grant Program

• Work with Agency staff to define DEI approach generally for the purposes of this work.

• Identify opportunities to advance DEI through grant-making and best practices for funded organizations.

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• Guide Agency staff in clarifying DEI qualitative and quantitative goals and desired outcomes included in the Strategic Plan. Attention to balancing the two, without overemphasizing quantitative goals and outcomes that can be counterproductive to truly inclusive work.

Element # 3: Application questions, evaluation criteria and scoring

• Advise on how best to achieve DEI goals and outcomes in the grant application process, including application documents, evaluation criteria, scoring, and determining awards.

• Assist with developing DEI guidance and training for evaluators of the MM Grant Program.

• Provide guidance and recommendations for serving grant applicants from different communities, including those with less experience applying for grants and those with less trust working with government.

Element #4: DEI training and capacity building for grant reviewers, internal administrators and grant recipients

• Explore options for supporting new practices, policies, and expanded DEI capacity in the Grant Program beyond the Strategic Plan.

• Provide recommendations on change management resources related process flow and how to get to outcomes in this new context to managing grants.

• Provide guidance on how to assess progress of grant recipients in achieving DEI outcomes.

How should a Materials Management Grant Program evaluate the integration of DEI project outcomes in grant proposals they receive? How does the Program set expectations for the applicants in how they plan to implement their project and how they run their organization in regards to DEI?

Element #5: Periodic review and evaluation of DEI approach in the Grant Program

• Assist with developing an approach for program review: How well is Agency’s approach to DEI working? What refinements are needed in the grant process? Can be involved in the implementation of the first cycle.

• Provide recommendations on measuring the DEI impacts of Agency’s granting activities, in ways that are aligned with a holistic DEI approach, including metrics, data collection, and measurement frequency.

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2.4.2 Proposed Timeline

Milestones Preferred timing

Strategic Plan development and review process

October 2021-September 2022

DEI goals and objectives for MM Grant Program

October 2021-March 2022

Application questions, evaluation criteria, and scoring

September 2022-March 2023

DEI training and capacity building for grant recipients

January 2023-March 2023

Periodic review and evaluation of DEI approach

October 2023-November 2023

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER REQUIREMENTS

Proposer shall demonstrate three (3) years of experience in conducting consulting and DEI work for Grant Program development.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format

Proposal should follow the format and reference the sections listed in Section 3.4 Proposal Content Requirements. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information. Price information must be submitted as a separate electronic file.

The electronic copy must be prepared to allow printing on standard 8 ½ by 11 inch paper and be a PDF or Microsoft Word document. Excluding Attachments B, C, D, F & G, the Price Proposal (Attachment D) and Project Plan (Attachment H) may not exceed 10 pages in length.

The emailed Proposal must be under 10 MB in size as Agency’s email system will block emails with large attachments or that have a file suffix of .zip. Alternatively, Proposers may

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“zip” multiple documents into a single, smaller “zip” file. Proposers using the “zip” feature must change the file suffix from .zip to .txt and indicate in the body of Proposers email that the file is a .zip file.

All exhibits and attachments including, but not limited to lists, fee schedules and resumes must also meet these requirements. Do not include standard brochures in the Proposal.

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) and a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.2 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFP, including all Addenda and attachments, is published in the OregonBuys eProcurement System at https://oregonbuys.gov/bso/view/login/login.xhtml. In limited circumstances and upon request RFP documents could be mailed to prospective Proposers.

Agency shall advertise all Addenda in OregonBuys . Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

3.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the RFP process, requesting negotiation of provisions contained in the sample contract, administration, deadline or method of award, or to the intent or technical aspects of the RFP must be emailed by an authorized representative to the SPC at BIDSDEQ@deq.state.or.us by the deadline identified in Section 1.2 Schedule.

Proposer must include the information below when submitting its inquiry.

• Reference the RFP 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

Excluding those terms reserved for negotiation in 4.3.1 (if any), any submitted Proposal that takes exception to the terms and conditions of the sample contract or requires https://oregonbuys.gov/bso/view/login/login.xhtml

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3.3.3 Pre-Proposal Conference

A Pre-Proposal conference will be held at the date and time listed in the Schedule.

Prospective Proposers’ participation in this conference is encouraged but not mandatory.

RSVP to BIDSDEQ@deq.state.or.us.

3.3.3.1 Attendance at Pre-Proposal Conference

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.

Prospective Proposers may participate in the Pre-Proposal Conference by using this link:

https://us02web.zoom.us/j/89018007413?pwd=SGJmM1F4Y1FGQlBnUFdtOUZVU3Jjd z09

Meeting ID: 890 1800 7413 Passcode: 701016

Or by calling: (888) 475-4499

3.3.4 Proposal Submission

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. Agency is not responsible for any delays.

Proposal submitted by any means not authorized in this RFP may be rejected.

Proposals must be submitted by email to BIDSDEQ@deq.state.or.us.

3.3.5 Modification or Withdrawal of Proposals

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

If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with OAR 125-247-0440. The notice must include the RFP number and be emailed to the SPC at BIDSDEQ@deq.state.or.us.

mailto:BIDSDEQ@deq.state.or.us https://us02web.zoom.us/j/89018007413?pwd=SGJmM1F4Y1FGQlBnUFdtOUZVU3Jjdz09 https://us02web.zoom.us/j/89018007413?pwd=SGJmM1F4Y1FGQlBnUFdtOUZVU3Jjdz09

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3.3.6 Proposal Due

Proposal and all required submittal items must be received by the SPC before Closing. A Proposal received after the Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposer or destroyed.

3.3.7 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 in ink.

• 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 those the SPC authorizes, or inappropriate contact with the SPC.

• Proposer attempts to inappropriately 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 Addenda.

3.3.8 Opening of Proposal

There will be no public Opening of Proposals. Proposals 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 Proposers after Opening.

3.4 PROPOSAL CONTENT 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 will be considered non-Responsive to this RFP and will not be considered further.

3.4.1 Proposal Information and Certification Sheet (Mandatory)

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

3.4.2 Project Plan (Mandatory)

On a separate sheet labeled Attachment H-Project Plan, Proposer shall describe how the Proposal will accomplish the activities described in the RFP Scope of Work (Section 2.4). The Project Plan must include:

3.4.2.1 Project team. Provide a list of the specific individuals, including subcontractors, who

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3.4.3 Price Proposal (Mandatory)

On a separate sheet labeled Attachment D-Price Proposal, Proposer shall:

3.4.3.1 Identify hourly rates to be applied by classification for the proposed project team. These rates will be used in estimating any changes negotiated during contract execution and changes resulting from contract amendments.

3.4.3.2 Provide estimate of staff hours by person and total costs associated with the accomplishment of each milestone or project deliverable listed in the Proposers Project Plan (Section 3.4.2), based on the hourly rates listed in 3.4.4.1. Include a total price.

3.4.3.3 The Price Proposal must include separate line items for travel or travel related costs, supplies or other incidental costs.

3.4.4 Previous Experience (Mandatory)

On a separate sheet labeled Attachment G – Previous Experience, Proposers shall provide a list of the most significant and representative projects conducted over the past three (3) years which involved services similar to the Services requested in this RFP for integration of DEI in Grant Programs.

In addition to the list, Proposers shall also include a detailed description of two (2) previous projects on the submitted list. If possible, use previous projects with clients from a similarly sized (750+) organization in a government setting or non-profit organization. The detailed description, shall at a minimum, include the following:

• Demonstrates Proposer has the experience, training, and knowledge to provide the Services requested in this RFP;

• A detailed overview of each project;

• Goals and objectives of the project;

• Techniques or approaches that illustrate what has worked, what barriers were encountered, what solutions were provided, and what the results were;

• A description of the results and value provided to the customer by Proposer and their

Key Persons;

• Any Key Persons on the previous project and what their roles were;

• One reference for each project. Proposer must include the reference’s name, title, role on the project, email address and telephone number. Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use reference to obtain additional information, or verify an information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications; and

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• Any other important and relevant information regarding the project.

3.4.5 Certified Disadvantaged Business Outreach Plan (Mandatory)

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

3.4.6 Responsibility Inquiry (Mandatory)

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

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. 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.

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

3.5.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign scores based on the evaluation criteria listed below in this section.

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

3.5.2.1 Overall Project: (35 points)

3.5.2.1.1 Strategic Plan development and review (0 – 6 Points)

Proposer recommends steps in the planning process to better incorporate DEI in an ongoing way. Proposer provides guidance on inclusive engagement of stakeholders, potential grant applicants and community representatives. They assist with identifying the DEI needs and capacities of a diverse set of communities.

3.5.2.1.2 DEI goals and objectives for Grant Program (0 – 5 Points)

Proposer works with Agency staff to define the DEI approach generally for the purposes of this work. They identify opportunities to advance DEI through grant-making and best practices for funder organizations. They guide Agency staff in establishing, clarifying and successfully communicating DEI qualitative and quantitative goals and desired outcomes. Proposer

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3.5.2.1.3 Application questions, evaluation criteria and scoring (0 – 4 Points)

Proposer advises on how best to achieve DEI goals and outcomes in the application process, including application documents, evaluation criteria, scoring and determining awards. They assist with developing DEI guidance and training for evaluators. They provide guidance and recommendations for serving applicants from different communities, including those with less experience applying for grants and those with less trust working with government.

3.5.2.1.4 DEI training and capacity building for grant reviewers, internal administrators and grant recipients (0 – 4 Points)

Proposer explores options for supporting new practices, policies and expanded DEI capacity. They provide guidance on how to assess progress of grant recipients in achieving DEI outcomes. Proposer includes how should a Materials Management Grant Program evaluate the integration of DEI project outcomes in grant proposals they receive and how the Program should set expectations for the applicants in how they plan to implement their project and how they run their organization in regards to DEI.

3.5.2.1.5 Periodic review and evaluation of DEI approach (0 – 3 Points)

Proposer assists with developing an approach for program review: How well is Agency’s approach to incorporating DEI practices working? What refinements are needed in the grant process? They provide recommendations on measuring the DEI impacts of Agency’s granting activities, including metrics, data collection and measurement frequency.

Proposer balances the quantitative and qualitative measurements, without overemphasizing quantitative impacts that can be counterproductive to truly inclusive work.

3.5.2.1.6 Overall Implementation Plan (0 – 3 Points)

Proposer describes how Proposer will implement all activities as related to the Work. Proposer’s Implementation Plan illustrate Proposer’s ability to accomplish the Work. Proposer’s plan and schedule include all requirements outlined in the Work. Proposer’s proposed timeline meets the needs of the MM Grant Program as outlined in Section 2.4.2.

3.5.2.1.7 Project Team/ Key Persons (0 – 10 Points)

The extent to which the company description (including subcontractors, if listed) and staff resumes reflect appropriate experience, including professional, personal and lived experience, with integrating DEI in Grant

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Programs.

3.5.2.2 Previous Experience (0 – 35 Points)

The extent to with Proposer’s and key team’s experience matches the requirements of Section 3.1 Minimum Proposer Requirements.

3.5.2.3 Price Evaluation (0 – 30 Points)

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 formula below. The Proposer submitting the lowest Price Proposal will receive the maximum available points for this section.

3.6 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 Proposers 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 Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.7 PREFERENCES

3.7.1 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least 1 Proposer does not, Agency will select the Proposer offering 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.

lowest price of all Proposers X price points possible = Price Score price being scored

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3.7.2 Tiebreakers

Oregon Supplies: If Agency receives Proposals identical in price, 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.

3.8 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

The maximum possible points for each evaluation item are listed in 3.5.2.

Agency will average all scores for each evaluation criterion. Price points are calculated as stated in the Price Evaluation section.

3.9 RANKING OF PROPOSERS

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

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3.

Agency may award less than the full Scope defined in this RFP.

4.1.2 Notice of Award

Agency will notify all Proposers in Writing that Agency is awarding a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

The apparent successful Proposer 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 Proposer 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.

4.2.3 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 Contract. The selected Proposer 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.

4.3 CONTRACT NEGOTIATION

4.3.1 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 Contract (Attachment A).

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify 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).

It may be possible to negotiate some provisions of the final Price Agreement; 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. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposal.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

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Agency is willing to negotiate ONLY the Statement of Work and the following terms and conditions:

• Term of Price Agreement

• Pricing 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 5: ADDITIONAL INFORMATION

5.1 GOVERNING LAWS AND REGULATIONS

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

5.2 OWNERSHIP/PERMISSION TO USE MATERIALS

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 an 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 unless the Proposal is submitted late.

5.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; 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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

5.4 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting 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, or costs associated with protests.

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5.5 STATEWIDE E-WASTE/RECOVERY POLICY

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Policy.

5.6 RECYCLABLE PRODUCTS

Proposer 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)

5.7 PRINTING, BINDING, AND STATIONERY WORK

Except as provided in ORS 282.210(2), all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the State or any county, city, town, port district, school district, or other political subdivision, must be performed within the State.

5.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist.

Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PRICE PROPOSAL FORM (TO BE PROVIDED BY PROPOSER)

ATTACHMENT E CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G PREVIOUS EXPERIANCE (TO BE PROVIDED BY PROPOSER)

ATTACHMENT H PROJECT PLAN (TO BE PROVIDED BY PROPOSER)