S-DASOBO-00015846_RFP_4.3.2026.pdf

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STATE OF OREGON

COVER PAGE

Department of Administrative Services, State Procurement Services on behalf of Oregon Water Resources Department

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00015846 for

UNIVERSAL, PROGRAMMABLE DATA LOGGERS FOR

HYDROLOGIC APPLICATIONS

Date of Issue: April 3, 2026

Opening Date and Time: May 4, 2026, 5:00pm

Single Point of Contact (SPC): Rachael Rosendahl, State Procurement Services

Address: 1225 Ferry Street SE City, State, Zip Salem, OR 97301-4278 Phone (voice) 971-707-0137 E-mail: Rachael.rosendahl@das.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.

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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 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3 SOLICITATION PROTESTS

4.4 PROPOSAL DELIVERY OPTIONS

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6 PROPOSAL DUE

4.7 PUBLIC OPENING

4.8 PROPOSAL REJECTION

4.9 EVALUATION PROCESS

4.10 POINT AND SCORE CALCULATIONS

4.11 RANKING OF PROPOSERS

4.12 NEXT STEP DETERMINATION ...............................................................................................Error! Bookmark not defined.

4.13 ADDITIONAL ROUNDS

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

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 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO EQUITY, DIVERSITY, 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 PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PRICE PROPOSAL FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services (“DAS SPS”), on behalf of Oregon Water Resources Department (“OWRD” or “Agency”), is issuing this Request for Proposal (“RFP”) under the provisions of ORS 279B.060 for universal, programmable data loggers for hydrologic applications.

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

DAS SPS anticipates the award of one (1) Price Agreement from this RFP.

The initial term of the Price Agreement is anticipated to be six (6) years with options to renew up to a cumulative maximum of ten (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.

Event Date Time

Questions / Requests for Clarification Due April 10, 2026 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) April 14, 2026

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Round 1 Evaluation (approx.) May 2026

Competitive Range Announcement June 2026

Issuance of Notice of Intent to Award (approx.) June 2026

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

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DAS SPS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

DAS SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS SPS 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 the OregonBuys website:

https://oregonbuys.gov/bso/.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

OWRD’s mission is to serve the public by practicing and promoting responsible water management through two key goals: 1) directly addressing Oregon’s water supply needs, and 2) restoring and protecting streamflows and watersheds in order to ensure the long-term sustainability of Oregon’s ecosystems, economy, and quality of life.

OWRD maintains a statewide network of observation wells that are manually measured using water level meters or are instrumented with data loggers of capturing time series groundwater level data. This network of wells is critical for tracking groundwater conditions, issuing permits, and sustainably managing the groundwater resource for the benefit of all Oregonians.

2.3.2 Project Overview, Background, and Purpose

All of OWRD hydrogeologists reference the data collected from data loggers. The current observation well network consists of approximately 250 deployed data loggers and the ancillary equipment needed to deploy, maintain, and download data from them. The existing deployed equipment is manufactured by Solinst, an industry-leader of this equipment type. OWRD’s well network is maintained by a staff of 20 people, all of whom have existing Solinst equipment that operates with the deployed data loggers. Manual water level meters produced by Solinst have also proven to be the most functional meters in the range of environments that OWRD has tested them in. The Solinst equipment allows OWRD hydrogeologists to record and report water usage as required by Oregon Revised Statutes (ORS) Chapter 537 and Oregon Administrative Rule (OAR) 690-085.

Through this RFP, on behalf of OWRD, DAS SPS is looking to establish one (1) Price Agreement, which OWRD may use, for the purchase of universal, programmable data loggers for hydrologic applications. This RFP is intended to procure Solinst brand or brand compatible equipment, parts, and accessories.

https://oregonbuys.gov/bso/

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2.4 SCOPE OF WORK/SPECIFICATIONS

Specification requirements for universal, programmable data loggers for hydrologic applications can be found in Attachment A, Exhibit A (Specifications). The Proposer shall provide pricing for all Goods listed in Attachment D (Price Proposal Form).

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

3.1.1 OregonBuys, Registration Required

All Proposers must be registered in OregonBuys (by creating a vendor account) to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website:

https://oregonbuys.gov/bso. For assistance with submitting a proposal see https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20F ormal%20Solicitation%20Response.pdf.

Proposers are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. DAS SPS is not responsible for defective registration or incorrect vendor information.

CROSSWALK OF TERMS

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 125-246-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.) Each Bid Solicitation has a separate page and ID number in OregonBuys.

Bid Opening Date

“Closing” as defined in OAR 125-246-0110(25). In OregonBuys it is the date and time deadline for submitting Proposals and other documents required by a Proposal Solicitation, after which the Proposal “Opening” as defined in OAR 125-246-0110(98) will immediately occur.

Change Order A formal amendment to an existing resulting Contract that is made according to the change order or amendment process set forth in the Contract.

Vendor

Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Solicitations advertised in OregonBuys.

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Title Page and Contents

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal Form (Attachment D)

• Certified Disadvantaged Business Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

• Customer Service (described in Section 3.3.7)

• Returns and Warranty (described in Section 3.3.8)

• Product Specification List (described in Section 3.3.9)

3.2.2 Proposal Page Limits

Proposal is limited to 5 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

3.2.3 Proposal Format and Quantity

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

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in Section 4.4 for electronic submission.

The Price Proposal must be submitted as a separate electronic 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

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

3.2.4 Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the 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 may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Title Page and Contents

A Proposal’s Title Page and Contents must include:

1. RFP Title.

2. Name, address, and telephone number of Proposer.

3. Name, title, and email of contact person for Proposer.

4. Table of Contents of the Proposal, giving a clean identification of the Proposal

Requirements materials by section and page number.

3.3.2 Disclosure Exemption Affidavit

Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B).

3.3.3 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 or to sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.4 Price Proposal

Proposer shall submit a detailed Price Proposal Form (Attachment D) as a separate electronic file in OregonBuys.

In order to be considered for award, Proposer must submit pricing for all Goods listed in Attachment D.

If awarded, the Goods and associated pricing will be incorporated into the Price Agreement as long as they meet the specifications and requirements for which they are submitted. The

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State makes no volume commitment in this RFP. During the term of any Price Agreement resulting from this RFP, pricing shall remain firm and fixed for at least one (1) year after the effective date of Price Agreement execution.

3.3.5 Certified Disadvantaged Outreach Business Plan

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

3.3.6 Responsibility Inquiry Form

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

3.3.7 Customer Service (40 Points)

Proposals must briefly describe the proposed customer service program (phone response times, email response times, toll-free numbers, etc.). Also, describe the communication plan used to keep Authorized Purchasers updated on order issues, delivery delays, backordered or incorrect products, recalls, invoicing and credit issues, etc. Proposer shall describe the plan for handling amended or returned orders. Be sure to include how Proposer will handle changed or cancelled orders and indicate and related re-stocking fees.

Include list of contact information (toll-free number, dedicated email, point of contact, etc.) and identify specific area of service each contact will provide.

3.3.8 Returns and Warranty (40 Points)

Proposals must briefly describe the Proposer’s return and warranty policies and processes, including but not limited to:

3.3.8.1 Returns and Order Cancellation Policies. Describe the proposed policies for returns and order cancellations, including any proposed applicable fees or shipping costs.

3.3.8.2 Warranty. The Proposer shall provide the Authorized Purchaser with a written warranty that the Goods, and any related components are free of defects in materials and workmanship. The warranty must describe the responsiveness that Authorized Purchaser should expect from Proposer for any return or repair requests, repair procedures and repair timelines. The Proposer shall describe the warranty period (including any available extended warranty options), how warranties are tracked, and conditions that void warranties.

The warranty period shall commence upon delivery and acceptance of the Goods and all related components by the Authorized Purchaser.

3.3.9 Product Specification List (Pass/Fail)

In addition to completing the Price Proposal Form (Attachment D), Proposer shall provide a product specification list for the Goods listed in Attachment D to detail

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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 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.3 SOLICITATION PROTESTS

4.3.1 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 proposed Sample Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest the content of Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Price Agreement marked as negotiable as set forth in the Negotiations Section.

4.3.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.3.3 Requirements for Protests

https://oregonbuys.gov/

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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.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.4 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. DAS SPS 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

Proposals must be submitted electronically through OregonBuys at: OregonBuys.gov.

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in the authorized method listed in Section 4.4 (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 prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.6 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.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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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.

4.7 PUBLIC OPENING

A public Opening will not be conducted. A record of the names of all Proposers who submitted Proposals by the Opening date and time will be posted in OregonBuys once all Proposals have been opened. 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 pursuance to OA 125- 247-0630.

4.8 PROPOSAL REJECTION

DAS SPS 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 DAS SPS’ 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).

4.9 EVALUATION PROCESS

4.9.1 Responsiveness and Responsibility Determination

4.9.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, DAS SPS may waive mistakes in accordance with

OAR 125-247-0470.

4.9.1.2 Responsibility Determination

DAS SPS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. Proposers shall submit a signed Responsibility Inquiry form (Attachment F) with Proposal.

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

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4.9.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and DAS SPS 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 4.9.2 up to the maximum points available as specified in Section 4.10 (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.

Each Evaluation Criteria will be evaluated and scored as follows:

4.9.2.1 Evaluation Item 1 (Customer Service, Section 3.3.7)

Proposals will be evaluated and scored based on the Proposer’s description of customer service (response times, order issues, delivery delays, backordered or incorrect products, recalls, invoicing and credit issues, amended orders, etc.).

4.9.2.2 Evaluation Item 2 (Returns and Warranty, Section 3.3.8)

Proposals will be evaluated and scored based on Proposer’s description of return and warranty policies and processes, as well as order cancellation policies. The warranty responsiveness will be evaluated based on repair procedures, repair timelines, warranty period (including any available extended warranty options), how warranties are tracked, and conditions that void warranties.

4.9.3 PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 4.9.2, the sealed Price Proposals from Proposers will be opened and scored as follows:

• Proposer with the lowest Price Proposal will receive 20 points.

• Proposer with the second lowest Price Proposal will receive 10 points.

• Proposer with the third lowest Price Proposal will receive 5 points.

• All other Proposers will receive 0 points.

4.9.4 PREFERENCES

4.9.4.1 Tiebreakers

If DAS SPS receives Proposals identical in price, fitness, availability and quality and chooses to award a Price Agreement, Agency shall award the Price Agreement in accordance with the procedures outlined in OAR 137-046-0300.

4.10 POINT AND SCORE CALCULATIONS

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Scores are the values assigned by each evaluator.

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

TOTAL POINTS POSSIBLE: 100

POINTS POSSIBLE 80

4.9.2.1 Evaluation Item 1: Customer Service 40

4.9.2.2 Evaluation Item 2: Returns and Warranty 40

4.9.3 PRICE POINTS POSSIBLE 20

The SPC will average all scores for each evaluation criterion (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will total each averaged evaluation criterion score with the Proposer’s price score for a total score. Price points are calculated as stated in the Price Evaluation section.

4.11 RANKING OF PROPOSERS

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.

DAS SPS may, in DAS SPS’ sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS SPS 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.

4.12 NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS SPS 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 DAS SPS, 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 DAS SPS’ sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. DAS SPS will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.12.2 Competitive Range Protest

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Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within seven (7) calendar days after issuance of the Notice of the

Competitive Range unless a different due date and time is specified in such notice.

DAS SPS will address all 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 DAS SPS.

4.13 ADDITIONAL ROUNDS

If additional rounds are conducted, DAS SPS will post a notice in OregonBuys of it Competitive Range Determination and provide details about the process and schedule for the subsequent round(s).

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS SPS conducts two or more rounds of competition, the rounds will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Proposers participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Proposer with the highest score from the final round will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS SPS, if it awards a Price Agreement, will award a Price Agreement to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. DAS SPS may award less than the full Scope of Work described in this RFP.

DAS SPS intends to award one (1) Price Agreement.

5.1.2 Intent to Award Notice

DAS SPS will post an Intent to Award Notice on OregonBuys as an Amendment to the bid solicitation indicating that DAS SPS intends to award a Price Agreement to the selected Proposer subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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An Affected Proposer shall have seven (7) calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Price Agreement 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.

• DAS SPS has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• DAS SPS abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• DAS SPS’ evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If DAS SPS receives only one Proposal, DAS SPS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within seven (7) calendar days of the Intent to Award notice.

5.2.2 Response to Protest

DAS SPS 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 DAS SPS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

The Proposer who is selected for a Price Agreement 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 DAS SPS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit D 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 DAS SPS or when the backup withholding status or any other relevant information of Proposer has changed since the last

DAS Procurement Services, Version 4.5 March 31, 2023 Page 17 of 19 submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the 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 Price Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to DAS SPS 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 Price Agreement.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a 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 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, DAS SPS 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 Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Price Agreement and note exceptions.

Proposer must submit those exceptions to DAS SPS during the Questions / Requests for Clarification period set forth in Section 1.2. If DAS SPS agrees to make any requested changes to the Sample Price Agreement, DAS SPS will issue an Amendment to notify Proposers of such changes. Unless DAS SPS issues an Amendment modifying any of the terms and conditions, DAS SPS intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).

Following the selection of the apparent successful Proposer, DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Price Agreement listed below. However, DAS SPS 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 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 18 of 19 provisions constitute increased risk and increased cost to the State.

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

Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law In the event that the parties have not reached mutually agreeable terms within 30 calendar days, DAS SPS 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, DAS SPS 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.

DAS SPS 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

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.3 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

All Proposals are public records and are subject to public inspection after DAS SPS issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of DAS SPS. 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 a Price 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, except in the case of Proposals that were submitted late and rejected by DAS SPS.

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, DAS SPS 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, DAS SPS, or Agency, as determined by DAS SPS. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Price Agreement award, or the rejection of any Proposal.

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Price Agreement. (ORS 279B.025) https://www.oregon.gov/das