SAIF Actuary Review RFP S-16500-00011756~2.pdf

RFP #S-16500-00011756 – Actuary Review of SAIF

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OREGON SECRETARY OF STATE

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S-16500-00011756 for

ACTUARY REVIEW OF STATE ACCIDENT &

INSURANCE FUND (SAIF)

Date of Issue: October 22, 2024

Opening Date and Time: November 21, 2024 1:00 PM PST

Single Point of Contact (SPC): David Matthews, Procurement & Contract Specialist 2

Address: 255 Capitol St. NE, Suite 126 City, State, Zip Salem, OR 97310 Phone (voice) 971-900-9945 E-mail: purchasing.sos@sos.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.

RFP #S-16500-00011756 – Actuary Review of SAIF

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 OREGONBUYS

1.4 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

SECTION 4: SUBMISSION REQUIREMENTS

4.1 PROPOSAL FORMAT

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

SECTION 5: EVALUATION PROCESS

5.3 NEXT STEP DETERMINATION

SECTION 6: AWARD AND NEGOTIATION

SECTION 7: ADDITIONAL INFORMATION

7.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

7.7 BUSINESS INCLUSION AND DIVERSITY

SECTION 8: LIST OF ATTACHMENTS AND EXHIBITS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST PROPOSAL

ATTACHMENT G RESPONSIBILITY DETERMINATION FORM

RFP# s-16500-00011756 - Actuary Review of SAIF

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Secretary of State’s Office, Audits Division (“Agency”), is issuing this Request for Proposal for an independent actuarial review of the State Accident Insurance Fund (SAIF) for the calendar year ending December 31, 2024, pursuant to ORS 656.772 and 297.210. The review will include a report on the reasonableness of SAIF’s reserves and the adequacy of its surplus.

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

All firms submitting proposals are referred to as Proposers in this document; after negotiations, the awarded Proposer will be designated as Contractor.

Agency anticipates the award of one Price Agreement from this RFP. The initial term of the Price Agreement is anticipated to be 5 years with options to renew up to a cumulative maximum of 6 years (or as permitted by applicable statute or rule).

Agency may issue work orders pursuant to this Price Agreement up to 5 years from the effective date of the Price Agreement.

Any services provided under the Price Agreement must be authorized by work orders issued by Agency in accordance with the ordering procedures described in Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific amount of services ordered under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

Event Date

Questions / Requests for Clarification Due October 30, 2024, 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) October 31, 2024, 5:00 PM

RFP Protest Period Ends 7 Calendar days prior to the Bid Opening Date

Bid Opening (Proposals Due) November 21, 2024, 1:00 PM

Evaluation Period (approx.) November 22, 2024 thru December 3, 2024

Issuance of Notice of Intent to Award (approx.) December 4, 2024

Award Protest Period Ends 7 days after Notice of Intent to Award

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1.3 OREGONBUYS

This RFP, including all amendments, attachments, and exhibits is posted on OregonBuys at https://oregonbuys.gov. RFP documents will not be mailed.

1.3.1 OREGONBUYS ASSISTANCE/REGISTRATION INFORMATION

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1.855.800.5046 or by email at support.oregonbuys@oregon.gov.

Current and correct registration information is the sole responsibility of the registered party.

Agency accepts no responsibility for missing or incorrect information.

1.4 SINGLE POINT OF CONTACT (SPC)

The single point of contact for this RFP is identified on the Cover Page. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(4).

Agency is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 137-047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Quotes; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Quotes.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, 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

SAIF- State Accident Insurance Fund, State of Oregon

2.3 OVERVIEW AND PURPOSE

The Oregon Secretary of State is one of three constitutional offices created at statehood. As an independent constitutional officer, the Secretary of State answers directly and solely to the people of Oregon.

The Oregon Secretary of State has the constitutional and statutory responsibility to conduct audits or reviews of the accounts and financial affairs of all state agencies and state-aided institutions.

These audits or reviews are conducted under the authority of the Secretary’s Audits Division.

To learn more about our Agency and our respective divisions, please visit our webpage:

https://oregonbuys.gov/ mailto:support.oregonbuys@oregon.gov https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11191 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11191

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2.3.1 Division Overview and Background

Oregon Secretary of State has the constitutional and statutory responsibility to conduct audits or reviews of the accounts and financial affairs of all state agencies and state-aided institutions. These audits or reviews are conducted under the authority of the Secretary’s Audits Division.

2.3.2 Project Overview and Background

SAIF is a not-for-profit, state-chartered workers’ compensation company. SAIF operates under the regulatory framework set forth by the state. However, unlike a self-insurance fund, SAIF functions similarly to a private insurer. It is responsible for underwriting policies, assessing risk, and ensuring compliance with state and industry regulations. SAIF issues policies, collects premiums, manages reserves, and pays claims.

SAIF differs from private insurance carriers in legal structure, public accountability, tax status, financial accountability and reserving practices, and is unique in its mission; SAIF’s state-chartered, non-profit status means any surplus from premiums or return on investments is reinvested in cost reductions and enhanced services for both employers and injured workers.

SAIF policy work involves developing and maintaining underwriting guidelines, risk assessment strategies, and pricing structures. The state legislature makes laws determining the level of benefits and who qualifies. The Oregon Department of Consumer and Business Services regulates the workers' compensation system, making certain that employers provide insurance and ensuring that injured workers receive the benefits to which they are entitled.

2.3.3 Purpose

The purpose of this project is to fulfil the Agency’s statutory responsibility to conduct an annual actuary review of SAIF and the Industrial Accident Fund, pursuant to ORS 297.210 and ORS 656.772. The purpose of the resulting Price Agreement is to assist the Agency in fulfilling these duties.

2.4 SCOPE OF WORK/SPECIFICATIONS

The scope includes but is not limited to the following:

Independent Actuary Review Proposer will perform an independent actuarial review of SAIF for a calendar year ending December 31. The review will include a report on the reasonableness of SAIF’s reserves and the adequacy of its surplus. Agency will provide Deliverables resulting from the Proposers review to the Governor of the State of Oregon, the President of the Senate, and the Speaker of the House as required by ORS 656.772 and Deliverables will be made available for public inspection in accordance with the Agency’s established rules and procedures governing public disclosure of audit documents. Final Deliverables will also be provided to the auditors of SAIF’s Financial Statements as required for the completion of that audit.

https://sos.oregon.gov/Pages/divisions.aspx

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Required Services, Deliverables

As described in ORS 656.772 the independent actuarial review shall include, but is not limited to the following:

A. A review of the sources and uses of the monies in the fund;

B. A reconciliation of changes in actuarial assumptions and reserve values from the prior year;

C. An examination of the development of claim reserve inadequacies or redundancies over time;

D. An assessment of the future financial viability of the Industrial Accident Fund;

and E. An evaluation of losses and loss adjustment expense reserves discounted by a rate determined by the Director of the Department of Consumer and Business Services that is consistent with discount rates generally applied by insurers authorized to underwrite workers’ compensation insurance in Oregon.

To meet these requirements, Proposer shall provide to the Agency a PDF copy of an Actuarial Review Report (Report) that includes Proposers’ assumptions, methodology, and conclusion on the following:

A. An independent actuarial reserve review and opinion on the reasonableness of SAIF’s recorded reserves. The reserve analysis is not intended to provide a point estimate of the required reserves but to provide a range of estimates that would be considered reasonable for SAIF.

B. An independent review and opinion on the adequacy of SAIF’s surplus. The surplus analysis is not intended to answer the question of how much surplus is actually required but would provide a range of indicated surplus at the end of the future period and other relevant statistical diagnostics.

Proposer will provide a draft of the Report for Agency review no later than 15 business days before June 30 of the year following the calendar year being reviewed. Agency will complete its review and provide Proposer with comments, if applicable, within 10 business days of receiving the draft. Proposer must respond and resolve all issues raised by Agency within 5 business days.

Proposer will deliver the final Report no later than June 30 of the year following the year of review. The first Actuarial Review Report resulting from this RFP shall be delivered June 30, 2025.

Proposer will invite Agency representatives to the audit entrance and exit conferences and provide periodic written or oral reports on the status of the audit to representatives of the Agency.

SECTION 3: PROCUREMENT REQUIREMENTS

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3.1 MINIMUM QUALIFICATIONS

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

3.1.1 Independence:

The Proposer and the individual actuaries or auditors must be free from personal external and organizational impairments to independence and should maintain an independent attitude and appearance. Provide a statement that the proposers’ firm and its individual team members are independent of SAIF as required in Government Auditing Standards.

3.1.2 Experience:

Proposer must have 5 years of experience managing an actuarial review similar in size and scope to the actuarial review of SAIF requested in this RFP.

3.1.3 Customers:

Proposer must have 2 current customers of similar size using the SAIF Actuary Review proposed in response to this RFP, or substantially similar services.

3.1.4 Fellowship:

The proposers’ firm conducting the review shall:

A. be familiar with the accounting standards applicable to the reserves under review, B. meet all appropriate standards of practice established by the Casualty Actuarial Society, C. employ a staff that includes no fewer than three people who have attained fellowship in the

Casualty Actuarial Society, and D. maintain limits of errors and omission insurance as prescribed by the Secretary of State.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Quantity

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

Proposal must include information responsive to the items in the Proposal Content Requirement Section. The proposal file as outlined in Section 4.1.1 may not exceed a total of 30, 8.5” x 11” pages. Proposals shall be Microsoft 365 compatible or searchable Adobe format and shall not be more than 50MB. Proposals exceeding 30 pages will be truncated and only the first 30 pages will be evaluated.

In addition, if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.2 Authorized Representative

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

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3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFP and attachments are published in OregonBuys at https://OregonBuys.gov. RFP documents will not be mailed to prospective Proposers.

Modifications or Addenda, if any, to this RFP will be published as Bid Amendment(s) in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Bid Amendments have been issued. Bid Amendments are incorporated into the RFP by this reference.

3.3.2 Questions / Requests for Clarification

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 submitted using the Q&A Tab in OregonBuys.

3.3.3 Pre-Proposal Conference

There will be no pre-proposal conference for this RFP.

3.3.4 Solicitation Protests

3.3.4.1 Protests to RFP

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

3.3.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

3.3.4.3 Protests must:

• Be emailed to the Chief Procurement Officer at Purchasing.SOS@sos.oregon.gov.

• Reference the RFP number;

• Identify prospective Proposer’s name and contact information;

• Be signed 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 https://oregonbuys.gov/

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o 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;

and

Protests to Addenda must be received by the due date identified in the respective Addenda.

3.3.4.4 Protest Response

Agency will respond timely to all protests submitted by the due date and time listed in the Schedule. Protests that are not received timely or do not include the required information will not be considered.

3.3.5 Proposal Modification or Withdrawal

Any Proposer who wishes to make modifications to a submitted Proposal, must submit its modification in the manners listed in the Proposal Submission Instructions section and must denote the specific change(s) to the Proposal submission. 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 shall do so prior to Closing. The Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with OAR 137-047-0440. The notice must include the OregonBuys bid number and be submitted to the SPC.

3.3.6 Proposal Due

Proposals and all required submittal items must be received in OregonBuys on or before Closing. Proposals received after Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation.

3.3.7 Proposal Rejection

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

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

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

• Proposer makes any contact regarding this RFP with Agency representatives such as

Agency employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

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

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those

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3.3.8 Opening of Proposals

A public Opening will be held November 21, 2024, 1:00 PM, use the Teams Link below to access public opening.

Microsoft Teams Need help?

Join the meeting now Meeting ID: 218 366 084 630 Passcode: sb6K9b

Dial in by phone +1 503-446-4951,,620925337# United States, Portland Find a local number Phone conference ID: 620 925 337#

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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 is completed and the notice of Intent to Award is issued pursuant to OAR 137-047-0630.

3.4 PROPOSAL CONTENT REQUIREMENTS

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

3.4.1 Proposers Qualifications and Experience

Describe Proposer’s qualifications and experience performing actuarial reviews of similar workers compensation systems as described in the RFP.

3.4.2 Key Persons Qualifications and Experience.

Provide the qualifications and experience of the key team member(s) who will work on the review. Emphasize the specific qualifications and experience from projects similar to this project for the key team members, as performed in recent periods. Key team members are expected to be committed for the duration of the project. Replacement of key team members are permitted only with prior consultation and written approval of the Agency.

3.4.3 Approach and Management Plan.

Describe the approach and management plan for providing the actuarial review. Include an organizational chart showing the proposed relationships among Proposer staff, Agency staff and any other parties that may have a significant role in the delivery of this project.

3.4.4 Staffing Plan.

Provide a staffing plan and an estimate of total hours, detailed by position, required for the https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDU4OTA2YTAtYzM0NS00ZmU3LWE2ZGUtMjIyZmRjMWE5OTVm%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%221f2c9aaa-0431-4c08-9752-9ece50eaa823%22%7d tel:+15034464951,,620925337 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=620925337 https://teams.microsoft.com/meetingOptions/?organizerId=1f2c9aaa-0431-4c08-9752-9ece50eaa823&tenantId=aa3f6932-fa7c-47b4-a0ce-a598cad161cf&threadId=19_meeting_ZDU4OTA2YTAtYzM0NS00ZmU3LWE2ZGUtMjIyZmRjMWE5OTVm@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

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3.4.5 Work Plan and Schedule.

Describe the work plan and schedule for completing the identified deliverables, and actuarial review as described in the Scope of Work. The work plan should be in sufficient detail to demonstrate a clear understanding of the project. Discuss the approach for completing the requested services for the project deadlines. The schedule should show the expected sequence of tasks and include durations for the performance of each task, milestones, submittal dates and review periods for each submittal. The project is expected to commence no later than March 1st and all draft and final documents fully completed by no later than June 30th of the following year for the calendar year audit; due June 30, 2025, for the audit of the year ended December 31, 2024.

3.4.6 Cost Control.

Provide information on how you will control project costs to ensure all work is completed within the negotiated budget for the project. Include the name and title of the individual responsible for cost control.

3.4.7 Cost Methodology

Propose a cost methodology for the project. Do not include any actual cost information in this portion. This section will evaluate the methodology only. The cost, which must be calculated based on the methodology proposed in this section, will be evaluated in the Cost Proposal section.

3.4.8 References

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

Agency may verify whether references support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, break tie scores, or verify any information. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.4.9 Cost Proposal.

The Cost Proposal shall include: (a) the total dollar amount requested to complete the project,

(b) any other resources, including in-kind, that will support the proposed project, (c) the number of anticipated hours and rate of the project manager and key team members inclusive of all services, expenses, and fees (i.e., Payroll expenses – hours/rate/title, Admin, Overhead, etc.), and (d) any escalation rates for years 2 through 5, the total amount for hours and rates for each year will be added together for total cost proposal. The estimated level of hours for other staff can be summarized in general categories. Proposer must submit Cost Proposal using Attachment E: Cost Proposal.

3.4.10 Proposer Information and Certification Sheet

The Proposer shall complete and submit the Proposer Information and Certification

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Sheet (Attachment C).

3.4.11 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

SECTION 4: SUBMISSION REQUIREMENTS

4.1 PROPOSAL FORMAT

Files need to be named, and proposals need to be structured and uploaded into OregonBuys as follows:

4.1.1 [vendor name] proposal.pdf This document is to include the following sections:

• 3.4.1 – Proposer Qualifications and Experience

• 3.4.2 – Key Persons Qualifications and Experience

• 3.4.3 – Approach and Management Plan

• 3.4.4 – Staffing Plan

• 3.4.5 – Work Plan and Schedule

• 3.4.6 – Cost Control

• 3.4.7 – Cost Methodology

• 3.1.1 – Independence

• 3.1.2 - Experience

• 3.1.3 - Customers

• 3.1.4 - Fellowship

4.1.2 [vendor name] additional documentation.pdf This document is to include the following sections:

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• 3.4.11 – Disclosure Exemption Affidavit (optional) (Attachment B)

• 3.4.10 – Proposer Information and Certification Sheet (Attachment C)

• 3.4.8 – Reference Check Form (Attachment D)

• 3.4.9 - Cost Proposal (Attachment E)

• 5.1- Responsibility Determination Form (Attachment G)

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

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

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

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

SECTION 5: EVALUATION PROCESS

5.1 RESPONSIVENESS AND RESPONSIBILITY DETERMINATION

Proposals received will be reviewed for Responsiveness and compliance to all RFP requirements including compliance with the Proposal Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

Responsibility Determination form (Attachment G) will be submitted with proposal, agency will review Responsibility Determination form to determine if an apparent successful proposer is responsible prior to award and execution of the Price Agreement.

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

Proposals meeting the requirements outlined in the Proposal Content Requirements section will move into Round 1 evaluation.

5.2 EVALUATION CRITERIA

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be independently evaluated by each member of 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 Proposals. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in 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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SCORE EXPLANATION

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 Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

60 – 90 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.

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 Proposer.

10 – 40 FAIR – Proposer 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 RFP. Proposer has not demonstrated knowledge of the subject matter.

5.2.1 Proposer Qualifications and Experience

• How well do Proposer’s qualifications demonstrate its ability to deliver successful

Services?

• How well does Proposer’s experience demonstrate its ability to deliver successful Services?

5.2.2 Key Persons Qualifications and Experience

• How well do the proposed Key Persons qualifications demonstrate their ability to deliver successful Services?

• How well does the proposed Key Persons experience demonstrate their ability to deliver successful Services?

5.2.3 Approach and Management Plan

• How well does the proposed approach align with Agency needs?

• How well does the proposed management plan demonstrate a thorough understanding of the project?

• How well does the organizational chart demonstrate necessary relationships?

• How well does the plan address the communication needed in a project of this type and scale?

5.2.4 Staffing Plan

• How well does the proposer’s estimate demonstrate a thorough understanding of the

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• How well does the proposed project team demonstrate that the project will be properly staffed.

5.2.5 Work Plan and Schedule

• How well does the Work Plan and Schedule demonstrate a thorough understanding of the project?

• How well do the deliverables, tasks, milestones, etc. align with the needs of Agency?

5.2.6 Cost Control

• How well does Proposer’s cost control approach demonstrate their ability to deliver the project within the negotiated budget?

5.2.7 Cost Methodology

• How well does the cost methodology demonstrate value to Agency?

5.2.8 Cost Evaluation

The SPC will conduct the cost evaluation. The SPC will award cost points to each Cost Proposal based upon the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

lowest cost of all Proposers X cost points possible = cost points for Proposal cost being scored

5.3 NEXT STEP DETERMINATION

Agency may determine Apparent Successful Proposer at the conclusion of Round 1 evaluation or may conduct additional rounds of evaluation if in the best interest of the Agency. Additional rounds of evaluation may consist of, but will not be limited to:

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offer

5.4 COMPETITIVE RANGE DETERMINATION

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores) of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range

SoS Version Dated 01/09/2024 Page 16 of 20

Determination and provide details about the process and schedule for the subsequent round.

5.5 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 100) 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. 10=10%, 50=50%, 90=90%, etc.

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

rounds and categories proposal § evaluation § max points possible

Proposers Qualifications and Experience 3.4.1 5.2.1 20 Key Persons Qualifications and Experience 3.4.2 5.2.2 20

Approach and Management Plan 3.4.3 5.2.3 15 Staffing Plan 3.4.4 5.2.4 5

Work Plan and Schedule 3.4.5 5.2.5 10 Cost Control 3.4.6 5.2.6 5

Cost Methodology 3.4.7 5.2.7 5 Cost Proposal 3.4.9 5.2.8 20

Total 100

EXAMPLE:

Proposer A receives scores of 100, 90, and 80 for a criterion worth 50 points. 90 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Proposer A’s points for the criterion is 45.

5.6 RANKING OF PROPOSERS

SPC will rank all Proposers advancing through all rounds of evaluation. After each applicable preference has been applied, the SPC will rank order the Proposals based on the final scores for each Proposal, with the Proposal receiving the highest score receiving the highest rank.

SECTION 6: AWARD AND NEGOTIATION

6.1 AWARD NOTIFICATION PROCESS

6.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 5. Agency may award less than the full Scope defined in this RFP.

6.1.2 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.

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6.2 INTENT TO AWARD PROTEST

6.2.1 Protest Submission

An Affected Offeror shall have 7 calendar days from the date of the intent to award notice to file a Written protest.

A Proposer is an Affected Offeror 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 per 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 Proposals or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the intent to award protest period and proceed with Contract Negotiations and award.

6.2.1.1 Protests must:

• Be emailed to the Chief Procurement Officer at purchasing.SOS@sos.oregon.gov .

• Reference the RFP number

• Identify prospective Proposer’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the intent to award notice

6.2.2 Response to Protest

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

6.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

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.

6.3.2 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact mailto:purchasing.SOS@sos.oregon.gov

SoS Version Dated 01/09/2024 Page 18 of 20 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.

6.3.3 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 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 Price Agreement.

6.3.4 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.

6.4 CONTRACT NEGOTIATION

After selection of a successful Proposer, Agency may enter into Price Agreement negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample 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 Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).

It may be possible to negotiate some provisions of the final Price Agreement; however, Agency is not required to make any changes, and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposal.

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

In the event the parties have not reached mutually agreeable terms within 30 calendar days, Agency http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

SoS Version Dated 01/09/2024 Page 19 of 20 may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the Agency a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

7.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the Agency, as determined by Agency. Agency is not liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

7.4 COST OF SUBMITTING A PROPOSAL

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

7.5 RECYCABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025)

7.5.1 PREFERENCES

7.5.1.1 Reciprocal Preference

For evaluation purposes per ORS 279A.120(2)(b), Agency shall add a percent increase to each out-of-state Proposer's Quote price that is equal to the percent preference, if any, given to a Resident Proposer in the Proposer's state.

7.5.1.2 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods https://www.oregon.gov/das/Procurement/Pages/Recippref.aspx

SoS Version Dated 01/09/2024 Page 20 of 20 manufactured with Recycled Materials, and at least one Proposer does not, Agency will select the Proposer offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

7.5.1.3 Tiebreakers

Oregon Supplies: If Agency receives Quotes identical in price, fitness, availability and quality and chooses to award a Contract/Price Agreement, Agency shall award the Price Agreement in accordance with the procedures outlined in OAR 137-046-0300.

7.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Quote 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.

7.7 BUSINESS INCLUSION AND DIVERSITY

Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID). 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:

Oregon Business Xpress : Certification for Minority, Women, Veteran, & Small Business Owners : State of Oregon

SECTION 8: LIST OF ATTACHMENTS AND EXHIBITS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST PROPOSAL

ATTACHMENT G RESPONSIBILITY DETERMINATION FORM

https://www.oregon.gov/das https://www.oregon.gov/business/Pages/Certification.aspx https://www.oregon.gov/business/Pages/Certification.aspx https://www.oregon.gov/business/Pages/Certification.aspx

3.4 PROPOSAL CONTENT REQUIREMENTS

4.2 PROPOSAL SUBMISSION INSTRUCTIONS