S-63400-00007254 RFP.pdf

OregonBuys Bid # S-64300-00007254

STATE OF OREGON

COVER PAGE

OREGON PARKS AND RECREATION DEPARTMENT

is issuing this Intermediate Procurement under S-63400-00007254 for

9785 STATEWIDE MOBILE AUDIOMETRIC AND OTOSCOPIC

SERVICES FOR AGENCY EMPLOYEES

Date of Issue: June 15, 2023

Opening Date: July 20, 2023 at 2:00 PM PT

Single Point of Contact (SPC): Winona Butler, Senior Procurement Specialist

Address: 725 Summer Street NE, Suite C City, State, Zip Salem, OR 97301 Phone (voice) 503-779-7834 E-mail: Winona.butler@oprd.oregon.gov mailto:Winona.butler@oprd.oregon.gov

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 AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFERS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 COST EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT: STATEMENT OF WORK AND INSURANCE

ATTACHMENT B OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT C REFERENCE CHECK FORM

ATTACHMENT D COST SHEET

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4 https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Parks and Recreation Department (“Agency”), is issuing this Intermediate Procurement for statewide mobile audiometric and Otoscopic services for Agency employees.

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 2 years with options to renew for 3 additional years/total of 5 years contract term.

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 solicitation.

Event Date Time

Pre-offer Conference June 29, 2023 10:00 AM

Questions / Requests for Clarification Due July 12, 2023 2:00 PM

Opening (offer Due) July 20, 2023 2:00 PM

Issuance of Notice of Award (approx.) July 31, 2023

1.3 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.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050(6)(d) which gives the State Parks and Recreation Department authority to procure or supervise the procurement of all goods, services, public improvements and personal services relating to state parks in accordance with the Public Contracting Code.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 137-047-0270.

2.2 DEFINITION OF TERMS

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

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 137-046- 0110.

2.2.2 Project Specific Definitions

“Audiometric” means Audiometry is the testing of a person's ability to hear various sound frequencies. The test is performed with the use of electronic equipment called an audiometer by a trained technician called an audiologist. This testing is usually administered by a trained technician called an audiologist. The purpose of audiometry testing is to identify and diagnose hearing loss. The equipment is used in health screening programs to detect hearing problems. With correct diagnosis of a person's specific pattern of hearing impairment, the right type of therapy, which might include hearing aids, corrective surgery, or speech therapy, can be prescribed.

“Business Day(s)” means from 6:00 AM to 6:00 PM, Monday through Friday except for state observed Holidays.

“Otoscopic Evaluation” means the examination of the interior of the ear with an Otoscope by a person certified in audiology, otolaryngology or otoscopic evaluation.

“Services” means the services to be provided in the Sample Contract, Exhibit A, Statement of Work, including audiometric testing, otoscopic evaluation, ear plug fittings, and the provision of written reports.

“Goods” means the earplugs referenced in the Sample Contract, Exhibit A, Statement of Work.

“Work” means the combination of Services and Supplies, and other obligations as required of the Contractor in the Sample Contract, Exhibit A, Statement of Work.

2.3 OVERVIEW AND PURPOSE

Agency exists to provide, protect and manage outstanding natural, scenic, cultural, historic and recreational sites for the enjoyment and education of present and future generations. The Oregon State Parks system is one of the most popular in the nation, generating some 3 million overnight camping visits per year and 51.5 million day-visits per year. Along with 52 campgrounds, Agency operates special programs such as Scenic Waterways, Recreation Trails, Historic Preservation and provides grants to local governments. It is responsible for managing approximately 113,157 acres of land, as well as the recreational component of Oregon’s 362 miles of ocean shore.

Under OSHA rule, Agency is responsible for hearing protection for Agency staff.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://medical-dictionary.thefreedictionary.com/Hearing+Aids

2.4 SCOPE OF WORK/SPECIFICATIONS

Agency is seeking Proposals from qualified offerors to provide statewide professional certified and licensed mobile audiometric testing services to include but not limited to performing an otoscopic evaluation of each employee's ears, provide and fit each employee with Contractor provided reusable earplugs, conduct a professional review of all test results, provide professional interpretation of test results. The audiometric testing stations provided by the Contractor must be enclosed to control ambient noise and reduce test subject distraction.

Prior to award of the Contract, Agency reserves the right to request the lowest, responsive offeror to demonstrate hearing tests, provide samples of actual ear plugs that will be distributed, provide access to the testing van(s) that will be used under the awarded Contract.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.1.1 BUSINESS

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

o Business must have at least 2 years of experience providing related services to the public.

o Business must be able to travel statewide and test Agency staff according to Business Days defined in Section 2.2.2.

o Proposer’s keyperson(s) must be certified by the Council of Accreditation in Occupational Hearing Conservations.

o Must understand and follow OAR 437-002-0095 for audiometric testing in Oregon.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 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. Cost information must be submitted as a separate electronic file.

3.2.2 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.

3.3 PROCUREMENT PROCESS

3.3.1 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.

3.3.2 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 at winona.butler@oprd.oregon.gov ;

• Reference the OregonBuys bid number S-63400-00007254;

• 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.

3.3.3 Pre-Offer Conference

A pre-offer conference will be held at the date and time listed in the Schedule. Prospective Offerors’ participation in this conference is highly encouraged but not mandatory.

The purpose of the pre-offer conference is to:

• Provide additional description of the project;

• Explain the solicitation process; and

• Answer any questions Offerors may have related to the project or the process.

Statements made at the pre-offer conference are not binding upon Agency. Offerors may be asked to submit questions in Writing.

3.3.3.1 Attendance at Pre-Offer Conference

Attendance at the Pre-Offer Conference is not mandatory.

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 298 497 231 66 Passcode: moaGhW Download Teams | Join on the web https://oregonbuys.gov/bso mailto:winona.butler@oprd.oregon.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTlkZWMyYTUtNGVhMi00NWU5LWI3YTgtNDk1YzcxMWMyODM1%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%221f308893-7410-4b6d-83b0-9d9a02d130a5%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting

Or call in (audio only) +1 503-446-4951,,191397484# United States, Portland Phone Conference ID: 191 397 484#

3.3.4 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.

3.3.4.1 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

The cost sheet must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment B - 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).

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 137-047-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.3.6 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.

3.3.7 Offer Rejection

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

tel:+15034464951,,191397484#%20

• 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.

3.3.8 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.

3.4 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 and 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.

3.4.1 Attachment B- Offeror Information and Certification Sheet (mandatory) The Offeror shall complete, sign and submit the Offeror Information and Certification Sheet.

3.4.2 Attachment C- References (mandatory) 10 point per Reference/ up to 30 points

Provide at least 3 references from current or former client firms for similar projects performed for any clients within the last 10 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.

3.4.3 Attachment D- Cost Sheet (mandatory and scored) up to 5 points

Submit a detailed separate Cost Sheet electronically through Oregon Buys.

3.4.4 Attachment E- COBID Certification / Outreach Plan (mandatory) The Offeror shall complete and submit the COBID Certification/ Outreach Form.

3.4.5 Attachment F-Responsibility Inquiry Form (mandatory)

The Offeror shall complete and submit the Responsibility Inquiry Form.

3.4.6 Offer (mandatory and scored) up to 220 points

Offer may be up to 15 pages, 12 font

3.5 EVALUATION PROCESS

3.5.1 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 137-047-0470.

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.

3.5.2 Evaluation Criteria

Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

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.

SCORE EXPLANATION

9–10

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

6–8 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

4-5 ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Offeror.

1-3 FAIR – Offeror meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

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

3.5.2.1 Business Background (up to 70 points)

o How well does the Proposer describe their experience in providing the mobile services? Up to 10 points o Does the Proposer provide any services to other public sectors/government entities? Up to10 points o Does the Proposer provide a list of Proposer’s staff who are certified in Oregon to conduct the services? Up to 10 points o Does the Proposer show that they are OSHA compliant? Up to 10 points o Does the Proposer show how services records can be stored and accessible to

Agency staff and Agency Contract Administrator? What system/software/cloud solution does the Proposer use? Up to 20 points o How well does the Proposer describe their cost methodology? Up to 10 points

3.5.2.2 Service Delivery and Customer Care (up to 80 points)

o How well does the Proposer describe their service delivery process? Up to 20 points o How well does the Proposer describe their level of customer care? Up to 20 points o How well does the Proposer describe their ability to meet OPRD’s scheduling needs? Up to 40 points

3.5.2.3 Goods (up to 70 points)

o How fast can the Proposer provide the goods upon customer fitting? Up to 20 points o How well does the Proposer describe the goods warranty? Up to 20 points o How well does the provider describe process for goods provision? Up to 30 points

3.6 COST EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a score to each Cost Sheet based upon the percentage of the proposed cost as compared to the lowest Offeror’s cost using the following formula:

lowest cost of all Offerors X cost points possible = cost score cost being scored

3.7 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.

3.8 PREFERENCES

3.8.1 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.

3.8.2 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 137-046-0300.

3.9 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) 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 a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

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

TOTAL POINTS POSSIBLE: 255

3.5.2.1 Business Background 70

3.5.2.2 Service Delivery and Customer Care 80

3.5.2.3 Goods 70

3.5.2.4 Cost Points Possible 5

3.4.2 References 30

EXAMPLE:

Offeror A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Offeror A’s points for the criterion is 45.

3.10 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.

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 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.

4.1.2 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.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 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.

4.2.2 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.

4.2.3 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 http://www.irs.gov/pub/irs-pdf/fw9.pdf

Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

4.2.4 Current Licenses

If selected for award, Offeror shall submit all state issued license to practice copies to Agency.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency will only negotiate the following provisions:

• First term of the contract;

• Descriptions of goods and services; and

• Compensation.

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

SECTION 5: ADDITIONAL INFORMATION

5.1 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.

5.2 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 http://www.filinginoregon.com/index.htm

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 Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment E) prior to execution.

5.3 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.

5.4 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).

5.5 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.

5.6 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, or costs to participate in demonstrations.

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

5.7 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.

5.8 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)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT:

EXHIBIT A: STATEMENT OF WORK

EXHIBIT B: INSURANCE

PLEASE RETURN ALL DOCUMENTS LISTED BELOW:

ATTACHMENT B OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT C REFERENCE CHECK FORM

ATTACHMENT D COST SHEET

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

http://www.oregon.gov/DAS