S-44300-00012659-0 RFP HERC Opportunity Notice Final.pdf

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STATE OF OREGON

COVER PAGE

Oregon Health Authority (OHA)

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S-44300-00012659 for

HEALTH EVIDENC REVIEW COMMISSION (HERC)

RESEARCH AND ANALYSIS CONTRACTOR

Date of Issue: September 12, 2025

Opening Date and Time: October 16, 2025, 3:00PM

Single Point of Contact (SPC):

Suzanne Christman, Procurement and Contract Specialist 2

Address: 500 Summer Street NE, E-03 City, State, Zip Salem, OR 97301 Phone (voice) 971-283-4505 E-mail: suzanne.christman@odhsoha.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:suzanne.christman@odhsoha.oregon.gov

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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 MINIMUM QUALIFICATIONS

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 [ROUND 1] POINT AND SCORE CALCULATIONS

4.12 [ROUND 1] RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT/PRICE AGREEMENT 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

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT/PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Health Authority (“Agency” or “OHA”), is issuing this Request for Proposal (“RFP”) under the provisions of ORS 279B.060 for research and analysis to support the work of the HERC. The HERC reviews clinical effectiveness research and other evidence related to health care services for the purpose of informing the Agency’s decision-making regarding health care services that will be included as a covered service under the Oregon Health Plan (“OHP”) in alignment with the Agency’s medical necessity policy.

HERC’s work has long been supported by staff as well as contractors from Oregon Health and Science University. However, in 2024, the Oregon legislature passed Senate Bill 1508, which prohibits HERC from contracting with a single vendor to fulfill their needs for research and analysis. If a contract is awarded under this RFP, the Successful Proposer will be required to support the multiple perspectives and methodological approaches that is necessary to inform the HERC’s decision making regarding the health care services and items that are covered under

OHP.

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

Regardless of whether more than one Proposal meets all of the RFP requirements and score within the competitive range, the Agency intends to award only one contract based on the highest ranked of the Proposals submitted in response to this RFP. In the event it is determined that no Proposal meets the requirements of this RFP, OHA has the right to not make any award or cancel the RFP if it is in the best interests of the State to do so.

The initial term of any Contract that may be awarded is anticipated to be two years with the option to extend for additional terms up to a cumulative maximum of 10 years.

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. N/A denotes that event is not applicable to this RFP.

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Event Date Time

Pre-Proposal Conference No Pre-Proposal Conference NA

Questions / Requests for Clarification Due September 29, 2025 1:00PM

Answers to Questions / Requests for Clarification Issued (approx.) October 2, 2025

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Presentations, Demonstrations, or Interviews To be determined if 2nd round conducted.

Issuance of Notice of Intent to Award (approx.) November 19, 2025

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 413.033.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Terminology specific to the OregonBuys system may be found at:_ OregonBuys_https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Health Authority is statutorily charged with a comprehensive set of responsibilities, which is reflected in its organizational structure as follows: the https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf

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Director’s Office (DO) which includes Tribal Affairs and eight divisions: (1) Fiscal and Operations, (2) External Relations, (3) Equity and Inclusion, (4) Health Policy and Analytics, (5) Health Systems, (6) Medicaid1, (7) Oregon State Hospital, and (8) Public Health.

HERC sits within the Agency’s Health Policy and Analytics Division (“HPA”). HPA, but especially HERC specifically, works closely with OHA’s Medicaid Division, which is responsible for administering Oregon’s state-wide three medical assistance programs.

The three state-wide medical assistance programs operate under the umbrella name “Oregon Health Plan” or “OHP.” Medicaid is the largest of the medical assistance programs and the other two are called Healthier Oregon Program (HOP) and OHP Bridge- Basic Health Program (“BHP”). Medicaid and BHP are funded with both state and federal tax dollars and HOP is funded with state tax dollars only. In large part, all three programs offer substantially similar health care services and items.

The health care services and items that are covered and made available to individuals enrolled in OHP are those that have been identified by HERC as “Medically Necessary.” The term “Medically Necessary” is defined in Oregon Administrative Rule (OAR) 410-120-0000 and means, in summary, those health services and items that are required:

(a) To prevent, diagnose, or treat an individual’s disease, condition, or disorder that could result in health impairment or disability; or

(b) For an individual to achieve age-appropriate growth and development; or

(c) For an individual to attain, maintain, or regain independence in self-care, ability to perform activities of daily living or improve health status; or

(d) For an individual to achieve their own care goals and to live and work in a setting of their own choice when they require long-term services and supports.

The “Medically Necessary” standard is informed primarily by HERC’s evaluation of a wide-range of research and analysis including, peer-reviewed medical literature, but also takes into account the Agency’s vision, mission, and strategic goals as described below.

• OHA Vision: A healthy Oregon.

• OHA Mission: Ensuring all people and communities can achieve optimum physical, mental, and social well-being through partnerships, prevention, and access to quality, affordable health care.

• Core Values: Health Equity, Service Excellence, Integrity, Leadership, Partnership, Innovation, and Transparency.

To fulfill OHA’s vision and mission, the Agency is developing a strategic plan with a single overarching goal: to eliminate health inequities in Oregon by 2030.

This goal means ensuring all people in Oregon: can reach their full potential and well-being and are not disadvantaged by their race, ethnicity, language, disability, age, gender, gender identity, 1 The Medicaid Division is responsible for administering all of the state’s medical assistance programs under the umbrella name of the Oregon Health Plan or OHP as described further in this Overview and Purpose.

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Achieving health equity requires the ongoing collaboration of all regions and sectors of the state, including tribal governments, to address:

• The equitable distribution or redistribution of resources and power, and

• Recognizing, reconciling, and rectifying historical and contemporary injustices.

Finally, OHA is also committed to maintaining sustainable health care cost growth rates in line with the state’s own health care cost growth target for OHP. The cost growth target is an annual per capita spending target, which OHA is responsible for regulating and enforcing.

OHA’s Medicaid and Health Policy and Analytics divisions work together to incorporate its vision, mission, and strategic goals in its decision-making about Medically Necessary covered services, HERC requires the support of contractors who are qualified to research clinical studies and other evidence about the effectiveness of health care services and items that will be used in making determinations about Medically Necessary health care services and items that will be covered under OHP.

2.3.2 Project Overview and Background

As discussed above, HERC reviews and evaluates clinical research and other evidence that addresses the effectiveness of health care services and items for the purpose of informing which of those services and items will be covered under OHP in accordance with its medical necessity policy. HERC’s work in this area has long been supported by staff and contractors but in order to ensure HERC is aligning its work with the Agency’s strategic goal of achieving health equity by 2030, it is necessary to obtain the research and consulting services of another vendor.

To that end, if a contract is awarded under this RFP, the successful Proposer will serve to support the Agency’s need for multiple perspectives and methodological approaches such that HERC’s work and decision making contributes to OHA’s goal of achieving health equity by 2030.

2.3.3 Purpose

The primary purpose of this RFP is to obtain a qualified contractor to (i) evaluate a wide range of research and analysis, including peer-reviewed medical literature and substantively reliable resources that address the clinical effectiveness of certain health care services; (ii) draft reports analyzing the results of the research; (iii) present such reports to HERC and its subcommittees;

and (iv) consult with HERC staff on reports and presentations given for the purpose of supporting HERC in making decisions about whether certain health services are safe and effective, consistent with the best available evidence, and be included as a covered service under

OHP.

The initial term of the resulting contract is 2 (two) years with an estimated budget of $100,000 which may be increased due to programmatic needs. The Agency estimates a total value of $700,000 for a maximum total term of 10 years.

Agency reserves the right to amend the Contract for additional time, services, and compensation and to adjust the scope of work and reporting requirements in accordance with this RFP.

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Proposers are advised that the award and potential dollar amount of the Contract under this RFP are contingent upon approval of adequate funding for Agency’s use under this RFP and not a guarantee.

2.4 SCOPE OF WORK/SPECIFICATIONS

The work provided under any contact that may be awarded as a result of this RFP will include development and delivery of research reports in accordance with Senate Bill 1508 which was passed by the Oregon Legislature during its 2024 regular session. Research must be conducted and reports drafted in a manner that meet the highest standards prevalent in the industry, using industry accepted techniques of evidence-based medicine.

Specifically, pursuant to Senate Bill 1508, Contractor shall provide the research, analysis, and reporting that will assist HERC in ranking health services and developing guidelines for the health care services and items covered under OHP. In doing so, SECTION 4 of Senate Bill 1508 requires that the research must not rely solely on the results of comparative effectiveness but must evaluate a range of Research and analysis, including peer-reviewed medical literature that:

(a) Studies health outcomes that are priorities for persons with disabilities who experience specific diseases or illnesses, through surveys or other methods of identifying priority outcomes for individuals who experience the diseases or illnesses.

(b) Studies subgroups of patients who experience specific diseases or illnesses, to ensure consideration of any important differences and clinical characteristics applicable to the subgroups; and

(c) Considers the full range of relevant, peer-reviewed medical literature and avoids harm to patients caused by undue emphasis on evidence that is deemed inconclusive of clinical differences without further investigation.

Research may also include surveys and analysis of coverage policies used by other public or private health plans (or both).

HERC will, from time to time, request that Contractor perform any one of or some of the above research within short time frames in order to comply with legislative, statutory, or committee deadlines.

Contractor shall deliver reports in writing in a form and format agreed upon by Contractor and HERC staff. Contractor shall give presentations on the research, analysis, and resulting reports to HERC and other interested parties.

Contractor’s other Work may include making recommendations regarding HERC’s internal, staff-supported research practices and communication materials such as PowerPoint slides.

All discrete requests for Work shall be set forth in a service order request agreed to by HERC staff and Contractor as set forth in Attachment A, Sample Contract, to this RFP.

https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1508/Enrolled

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Deliverables may include rapid reviews, background information, summaries and analysis of coverage policy by other health plans and state agencies, recommendations for improving HERC staff’s internal research practices and communication materials such as slides related to other deliverables.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

Each Proposer shall submit a written Proposal that demonstrates the Proposer’s organization meets each of the requirements within each section below referencing each section title and number.

3.1.1 Licensing & Conflict of Interest Requirements

3.1.1.1 Licensing Requirements.

Proposer must employ a licensed physician who is a Medical Doctor or Doctor of Osteopathy on staff to provide clinical perspective to each evidence review.

A license from any one of the fifty United States shall meet the license requirement in this Section. Proposer must submit a copy of the physician’s current license with its Proposal. If the licensed physician has a disciplinary history with any state’s licensing board within the past 10 years, Proposer shall include a statement speaking to this history.

3.1.1.2 Conflict of Interest Requirements.

Proposer and its personnel shall be subject to Oregon’s conflict of interest laws set out in ORS Chapter 244.

Proposer must also disclose any, and all “Personal Interests” which is defined in substantive compliance with the definition found in HERC’s Bylaws. For purposes of this RFP, “Personal Interest” is defined, as follows:

“Personal Interest” means any interest of the Proposer or any one of its personnel providing services under a contract with HERC (collectively, “Proposer Staff”) that could interfere with the Proposer Staff’s ability to consider the evidence with an open mind and to make unbiased recommendations (without limitation, e.g. employment provision of health service in question, stock held, public advocacy, publications, financial interest of a relative or relative’s employer). “Personal Interest” does not include any interest arising from the Proposer Staff’s employment or professional activities which are disclosed as a part of the Proposer Staff’s current conflict of interest form on file with OHA and which are specifically described on the HERC website.

In addition, in accordance with Senate Bill 1508, Proposer shall be required to disclose all its funding sources and any conflicts it may have with respect to the research and analysis it provides under any contract awarded under this RFP.

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Such disclosures shall be made publicly.

3.1.2 Accordingly, Proposer must be able to fulfill the conflict-of-interest obligations under this Section and if any contract is awarded, Proposer must agree, as set forth in the applicable contract, to obtain guidance from the Oregon Government Ethics Commission if and when required by OHA.

3.1.3 Key Persons Experience Requirements

3.1.3.1 All Key Person Requirements

Both of Proposer’s Key Persons must reside in the United States.

3.1.3.2 Proposer must identify in their Proposal the following key persons:

(a) A health services researcher with 5 years’ experience in conducting evidence reviews and/or evidence synthesis who will perform the work

(b) A research director with 10 years’ experience conducting clinical effectiveness research who will supervise the work conducted by the health services researcher. If the research director is not a licensed physician, then the Proposer must employ a licensed physician who meets the requirements described in section 3.1.1.1 to provide clinical and technical input and oversight on the Work conducted by the health services researcher.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 [ROUND 1] Proposal Submissions

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

• Business Requirements

• Technical Requirements

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons Resumes or Biographical Sketches, and physician’s license

• Work Samples

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3.2.2 Proposal Page Limits

Proposal is limited to 20 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) if applicable

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check forms (Attachment D)

• Price Proposal (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Funding Disclosure

• Work samples

• Key Persons Resumes or Biographical Sketches

3.2.3 Proposal Format and Quantity

Proposal must follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection must be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer must submit its Proposal electronically through OregonBuys. Proposer must follow the procedures outlined in See: 4.5 Proposal Delivery Option for electronic submission.

The Price Proposal must be submitted as a separate electronic response file.

Proposer shall submit one copy of its Proposal and all 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.

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3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section referencing each section title and number and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP will be considered non-Responsive to this RFP and will not be considered further.

Proposal must 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 Business Requirements

Proposers must provide in their Proposals an Executive Summary that attests to experience conducting clinical effectiveness research on medical technologies, including health technology assessments, systematic reviews, evidence maps and rapid reviews.

Proposers must also provide resumes for both of their Key Persons.

3.3.3 Technical Requirements

3.3.3.1 Proposer must submit at least three Work Samples within the past five (5) years of reports consisting of clinical effectiveness research and analysis on medical technologies that were produced to inform policy for health plans, health systems, government agencies or health care purchasers.

3.3.3.2 Proposer must submit high-level technical summary (or detailed manual, if no high-level summary exists) of its methods, including search strategies, evidence evaluation frameworks and procedures to prevent conflicts of interest from affecting the integrity of the work.

3.3.3.3 Proposer must submit a summary of their organizational capacity that explains how the Proposer will staff, supervise, and carry out the major activities of the research projects in context with the Scope of Work.

3.3.3.4 Proposer must submit a funding disclosure listing all its funding sources as required by Oregon law. (Senate Bill 1508, Section 4 (3)(a)) https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument

/SB1508.

https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1508 https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1508

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3.3.4 References

Provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 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.

3.3.5 Price Proposal

Proposer shall submit a detailed Price Proposal as a separate file (using attachment E) uploaded electronically as an Adobe Acrobat PDF file format though OregonBuys that addresses the following:

Provide a fully loaded hourly rate for each class of employee which must include all labor, benefits, associated with performing the Work as described in this RFP.

3.3.6 Key Persons Resumes or Biographical Sketches

Specify key persons to be assigned to this project. For each such Key Person, include a current resume or biographical sketch (not to exceed two pages per person) that demonstrates the person meets, at a minimum, the qualifications and experience identified in Section 3.1.3 and is capable of providing the services described in Section 2.4, the Scope of Work.

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 through OregonBuys submission, using the Q&A tab. You must be logged into OregonBuys to submit a question.

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and https://oregonbuys.gov/

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• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2. All questions will be answered via the Q&A tab. All questions/answers will be viewable by all individuals viewing this RFP while logged into OregonBuys.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

Protests to the RFP must be received by the due date and time identified in the Schedule or they will not be considered.

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 one of the following times:

• The date and time specified in the Amendment, or

• If not specified in the Amendment, then by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment.

Protests to an Amendment must be received by the applicable due date and time 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

In order to be considered, all protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

If a Protest does not contain all the bulleted items as specified above, the Protest does not meet these requirements and will be considered invalid and denied. The SPC will notify of acceptance or denial.

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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 or if not identified in the Amendment, then by 5:00 p.m. Pacific Time on the second Business Day following the issuance of 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:

Delivery through OregonBuys

Proposal submission shall be electronically through OregonBuys. at: OregonBuys.gov

To submit a proposal, a Proposer must create an OregonBuys account. Instructions to create an account can be found at the following link:

https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf

If you have questions about OregonBuys website, please contact the OregonBuys Supplier Help Desk at 855-800-5046.

Proposers are encouraged to submit proposals well in advance of the deadline to allow time for in case of downtime or errors.

In the event a Proposer receives an error message at the time of submission of their proposal, Proposers must contact the OregonBuys Helpdesk at 855-800-5046 to resolve submission issues to ensure proposals are received by the deadline.

Proposers are encouraged to view the OregonBuys Supplier Resource page found at:

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

Detailed instructions on how to submit a Proposal can be found at:

OregonBuys Vendor Formal Solicitation Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification 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 withdraw through OregonBuys prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number. If you need assistance with that process, contact the OregonBuys Supplier Help Desk at 855-800-5046.

https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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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 not be held. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received on or 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 Contract. 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.

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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 portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.2.1 Evaluation Item 1 (40 points)

• How well do the work samples demonstrate that Proposer meets the highest standards prevalent in the industry and utilizes industry accepted research practices? (20 Points)

• How transferable is the kind of research shown in the work samples to the kind of Work likely to be needed by HERC? (10 points)

• Does the Proposer have standards that will prevent and address conflicts of interest? (10 points)

4.10.2.2 Evaluation Item 2 (20 points)

• How qualified are the Key Persons to conduct high quality work and produce and complete Work product that meets the highest standards relevant to Proposer’s industry it in an efficient and timely manner?

• How do you rate the quality of the work samples?

4.10.2.3 Evaluation Item 3 (10 points)

• Based upon completed Reference Check Forms (Attachment D) can the Proposer produce timely and relevant high-quality research?

• Based upon completed Reference Check Forms (Attachment D), how flexible is the Proposer in adapting project scope based on external changes or the results of early-stage research?

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

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4.10.4 PREFERENCES

4.10.4.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.4.2 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 Recycled Materials

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

4.10.4.4 Tiebreakers

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 137-046-0300.

4.11 [ROUND 1] POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator. The maximum points possible for each evaluation item are listed in the table below. SPC will average all scores for each evaluation criterion. Price points are calculated as stated in the Price Evaluation section.

4.12 [ROUND 1] 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). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

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.

TOTAL POINTS POSSIBLE: 100

[ROUND 1] POINTS POSSIBLE 100

4.10.2.1 Evaluation Item 1 40

4.10.2.2 Evaluation item 2 20

4.10.2.3 Evaluation item 3 10

4.10.3 Price Points Possible 30

https://www.naspo.org/reciprocity1

DAS Procurement Services, Version 4.5 March 31, 2023 Page 19 of 23

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 participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract 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 Contract 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 7 calendar days from the date of the Intent to Award notice to file a Written protest.

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A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract 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 Contract/Price Agreement Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email in electronic form, or via US Postal Service or express commercial carrier in 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 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract 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.

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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 Contract/Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Contract/Price Agreement 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 Contract.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract/Price Agreement under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT/PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract 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), with the exception of those that may be negotiable. negotiation. Non-negotiable terms and conditions of the Sample Contract are listed below.

Proposer shall review the attached Sample Contract and note exceptions to terms and conditions that may be negotiable.

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, 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 Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Agency http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services, Version 4.5 March 31, 2023 Page 22 of 23 will not negotiate any negotiable provisions with the apparent successful Proposer, unless such Proposer noted its exceptions during the Questions / Requests for Clarification period set forth in Section 1.2 and even then, 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

• Jurisdiction

• Constitutional requirements

• Indemnity

• Limitations of Liabilities

• Requirements of applicable federal and State law

• Exhibit C Insurance Requirements

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

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

6.2 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://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= oregon4biz

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

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