S-DASOBO-00017122 RFP~1.docx

State of Oregon

Cover Page The Department of Administrative Services, State Procurement Services Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00017122 for Conservatorship Investment services Date of Issue: June 8, 2026 Opening Date and Time: June 24, 2026 at 10:00 AM, PT Single Point of Contact (SPC): Skye Laidler, Procurement & Contract Specialist

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.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 2 of 27 Table of Contents

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

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

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of the Oregon Department of Veterans Affairs (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Conservatorship Investment Services.

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

Agency anticipates the award of one (1) Contract from this RFP.

The initial term of the Contract is anticipated to be two (2) years with options to renew for additional terms.

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.

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 the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

DAS SPS is issuing this RFP pursuant to its authority under ORS 279A.050.

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

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

Terminology specific to the OregonBuys system may be found at: OregonBuys

OVERVIEW AND PURPOSE

Agency Overview and Background ODVA’s Conservatorship Program was established in 1965 and has provided professional fiduciary services to manage the income and assets of veterans and their families that have been deemed financially incapable by request of any payor of benefits (OAR 274-015-0020) to manage their resources. ODVA’s trust officers work closely with veterans and their family members to assist in long-term care and planning of assets and income.

Project Overview and Background The purpose of this project is to provide investment consultation, management, and advice to the ODVA Conservatorship Program, regarding the investments of Protected Persons (herein referred to as client(s)). The Advisor (herein referred to as the contractor) will provide advice/consultation on topics such as stocks, bonds, trading, buying, selling, market forecasting, risk tolerance assessment, and understanding which investments are the best candidates to “cash-out” when the client requires cash infusions to pay for their costs of care. The awarded Contractor shall invest and manage assets as a prudent investor would, by considering the purposes, terms, distribution requirements and other circumstances of the trusts as per ORS 130.755.

Purpose The goal of this RFP is to establish a contract with the awarded vendor to provide investment services to ODVA for Conservatorship Program Veterans. The awarded contractor will work with ODVA to ensure that their Conservatorship investment needs are met.

SCOPE OF WORK/SPECIFICATIONS

Review all existing investment portfolios;

Manage Conservatorship investment needs;

Review clients under ODVA Conservatorship for future need; and Provide consultation, advice, and training to ODVA Staff.

A more detailed Proposed Statement of Work can be found in Attachment A – Sample Contract, Exhibit A – Statement of Work.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

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

Key Person Requirements Contractor’s Key Person must have a minimum of seven (7) years of experience in financial advising and/or conservatorship services.

Contractor’s Key Person must be able to demonstrate significant investment experience.

MINIMUM SUBMISSION REQUIREMENTS

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

Disclosure Exemption Affidavit (Attachment B) Proposer Information and Certification Sheet (Attachment C) Reference Check Form (Attachment D) Price Proposal Form (Attachment E) COBID Certification / Outreach Plan (Attachment F) Key Persons and Resumes Technical Proposal and Implementation Plan (Attachment H) Proposal Format and Quantity Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Proposals that do not follow the provided format may not be considered for award. Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer must submit their Proposal electronically through OregonBuys.

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

Proposer must 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.

Authorized Representative Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by DAS SPS.

PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer must 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.

Proposer Information and Certification Sheet Proposer must 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.

References Provide three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must be able to verify the quality of previous, related Work.

DAS SPS may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. DAS SPS may use references to obtain additional information, or verify any information needed. DAS SPS may contact any reference (submitted or not) to verify Proposer’s qualifications.

Price Proposal Proposer shall submit a completed Price Proposal, Attachment E to this RFP.

Prices submitted by Proposer are considered firm offers and remain in effect for a period of 180 days from the RFP opening date.

Proposals must include all proposed rates and/or fees to complete the work outlined in the Scope of Work. This may be an hourly rate, fee-based percentage, or other fee schedule.

The Price Proposal must include Key Persons and their Resumes Specify key persons to be assigned to this project, and include a current resume (not to exceed two (2) pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

Technical Proposal and Implementation Plan Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work.

Provide an implementation plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

SOLICITATION PROCESS

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 any Amendment(s) has been issued. Amendment(s) are incorporated into the RFP by this reference.

PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

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 an OregonBuys submission or 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.

SOLICITATION PROTESTS

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

Protests to Amendment(s) Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if they are 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.

Requirements for Protests 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:

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

PROPOSAL DELIVERY OPTIONS

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

Proposal submission must be electronically through OregonBuys at: https://oregonbuys.gov/bso/ Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf Submissions received by any other delivery method will be rejected.

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 with 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.

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.

PUBLIC OPENING

Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. 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.

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).

EVALUATION PROCESS

Responsiveness and Responsibility Determination 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.

Responsibility Determination DAS SPS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers must 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.

Evaluation Criteria The following is an example of how the evaluation committee may award points for each criterion. The example provided uses 10 (ten) points and is intended merely as an example regardless of the available points for a criterion.

10 total available points for criteria 1.1.1 A score of 10 points (full points) indicates an OUTSTANDING response that 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 Proposer provides insight into its expertise, knowledge, and understanding of the subject matter A score of 6-9 points indicates a VERY GOOD response that provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

A score of 5 points indicates an ADEQUATE response that 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 Proposer.

A score of 1-4 points indicates a FAIR response and that the Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

A score of 0 (zero points) indicates the RESPONSE IS OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated sufficient knowledge of the subject matter.

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of the 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.

Technical Proposal How many years of experience does proposer have with investment advisory services?

How well does Proposer demonstrate their previous experience with or knowledge of professional fiduciary and/or conservatorship services?

Has proposer worked with similar programs in other States or with other Government entities?

Implementation Plan How well does Proposer describe their implementation plan?

Does proposer propose a reasonable timeline for the implementation of this work?

Does proposer demonstrate that they have the resources necessary to control and manage assets on behalf of ODVA?

Price Evaluation How appropriate, reasonable, and competitive are rates for key person(s) relative to skills and experience?

How well does Proposal allocate time and resources to deliver on the tasks and deliverables identified in this RFP in a way that balances the timeline and priorities set forth in the Statement of Work with a quality product?

How well does Proposal demonstrate effective management of work and appropriate cost controls?

PREFERENCES

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.

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.

POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

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

POINTS POSSIBLE

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 percent, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion are 47.5.

RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in each 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.

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

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

1.1.1 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.

1.1.2 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.

INTENT TO AWARD PROTEST

1.1.3 Protest Submission

An Affected Proposer shall have 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 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 Negotiations and award.

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 7 calendar days of the Intent to Award notice.

1.1.4 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.

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:

1.1.5 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 B of Attachment A.

1.1.6 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.

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

1.1.8 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry.

1.1.9 Pay Equity Certification

If selected for award and the Contract 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.

1.1.10 Nondiscrimination in Employment

As a condition of receiving the award of a Contract 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.

CONTRACT NEGOTIATION

1.1.11 Negotiation

After selection of a successful Proposer, Agency may enter 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), except for those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. 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 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 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 Choice of venue Constitutional requirements Requirements of applicable federal and State law If the parties have not reached mutually agreeable terms within 14 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

ADDITIONAL INFORMATION

COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

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

CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: 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.

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 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency 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 Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, 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 Agency.

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor 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 Contract award, or the rejection of any Proposal.

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.

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.

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 Contract. (ORS 279B.025) image1.png