State of Oregon

Cover Page Department of Administrative Services, Procurement Services On Behalf of Psychiatric Security Review Board Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00000340 for Sex offender Classification Evaluation Date of Issue: August 11, 2021 Opening Date and Time: August 18, 2021, 5:00 PM Single Point of Contact (SPC):

Jennifer Jolley, State Procurement Analyst Address:

1225 Ferry St Ne City, State, Zip Salem, OR 97301 Phone (voice) 971-900-7695 E-mail:

jennifer.jolley@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.

Table of Contents

4SECTION 1:

GENERAL INFORMATION

41.1

INTRODUCTION

41.2

SCHEDULE

41.3

SINGLE POINT OF CONTACT (SPC)

4SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

42.1

AUTHORITY AND METHOD

42.2

DEFINITION OF TERMS

52.3

OVERVIEW AND PURPOSE

72.4

SCOPE OF WORK/SPECIFICATIONS

7SECTION 3:

PROCUREMENT REQUIREMENTS

83.1

MINIMUM OFFEROR QUALIFICATIONS

83.2

MINIMUM SUBMISSION REQUIREMENTS

93.3

OFFER CONTENT REQUIREMENTS

11SECTION 4:

Procurement PROCESS

114.1

PUBLIC NOTICE

114.2

PRE-PROPOSAL CONFERENCE

114.3

QUESTIONS / REQUESTS FOR CLARIFICATIONS

114.4

PROPOSAL DELIVERY OPTIONS

124.5

OFFER MODIFICATION OR WITHDRAWAL

124.6

OFFER DUE

124.7

PUBLIC OPENING

124.8

OFFER REJECTION

134.9

EVALUATION PROCESS

154.10

POINT AND SCORE CALCULATIONS

164.11

RANKING OF PROPOSERS

16SECTION 5:

AWARD AND NEGOTIATION

165.1

AWARD NOTIFICATION PROCESS

165.2

APPARENT SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

175.3

CONTRACT NEGOTIATION

18SECTION 6:

ADDITIONAL INFORMATION

186.1

CERTIFIED FIRM PARTICIPATION

186.2

GOVERNING LAWS AND REGULATIONS

196.3

OWNERSHIP/PERMISSION TO USE MATERIALS

196.4

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

196.5

COST OF SUBMITTING A PROPOSAL

196.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

196.7

RECYCLABLE PRODUCTS

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 F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of the Psychiatric Security Review Board, (“Board”), is issuing this Request for Proposal for Sex Offender Classification Evaluations.

Additional details on the Scope of the services is included in the Scope of Work section.

Board will pay successful Proposal $1,000 per evaluation.

Board anticipates the award of one Contract from this solicitation. The initial term of the Contract is anticipated to be two (2) years with options to renew up to a maximum of six (6) 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. For the purposes of this RFP, the meaning of opening of Proposal and Proposal closing date, mean the same thing.

1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

2.2 DEFINITION OF TERMS

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

2.3 OVERVIEW AND PURPOSE

Board Overview and Background The Psychiatric Security Review Board protects the public through the ongoing review of the progress of "guilty except for insanity" adult and "responsible except for insanity" juvenile clients and determination of their appropriate placement. In addition, the Board: determines whether persons with mental health adjudications who were previously barred from possessing guns should have their firearm privileges restored; runs the GEI sex offender registration/relief process; and evaluates the civil commitments of extremely dangerous mentally ill persons.

Historical Perspective

The Psychiatric Security Review Board was originally established in 1977 to supervise those individuals who successfully asserted the insanity defense to a criminal charge as authorized by ORS 161.325 et seq. to assume jurisdiction over adults who are found “guilty except for insanity” of a crime in Oregon and who pose a substantial danger to others. Prior to that, trial court judges remained responsible for placement decisions of persons who successfully asserted the insanity defense in their courtrooms.

In 2007, the Legislature added a juvenile panel to the Board to perform the same function for youth who were found "responsible except for insanity." Previous to this statutory change, the Juvenile Code was silent as to the disposition of youth who successfully asserted the defense.

With the enactment of House Bill 2853 in 2009, the Board's duties were further expanded to conduct "gun relief hearings" for persons who previously have been barred for life from possessing a firearm due to a civil commitment, a finding of guilty except for insanity, or inability to aid and assist in a criminal proceeding. These individuals may petition the Board for a hearing to request that their right to possess a firearm be restored. In 2013, with the enactment of House Bill 2549, additional duties for the PSRB were mandated that pertained to sex offender classification with the use of a risk assessment tool for those conditionally released or discharged. Also in 2013, with the passage of Senate Bill 421, a new type of civil commitment was created, with the effect of assigning jurisdiction to the PSRB for monitoring persons found by the Oregon courts to be extremely dangerous mentally ill persons and who meet the specific jurisdictional criteria now found in ORS 426.701 and 426.702.

Board Composition

The Board is comprised of two 5-member panels who are appointed by the governor and subject to confirmation by the senate.

The Adult Panel consists of one:

Attorney Member experienced in criminal law

Parole and Probation Member

Psychologist Member

Psychiatrist Member

Public Member

The Juvenile Panel consists of one:

Attorney Member experienced in juvenile law

Juvenile Court Counselor Member

Child Psychologist Member

Child Psychiatrist Member

Public Member

What We Do

The Board’s primary duty is to supervise individuals placed under its jurisdiction who have been found Guilty Except for Insanity (GEI) and a substantial danger to others and juveniles who have been found Responsible Except for Insanity (REI).

The Board’s mandated functions include:

a. Accepting jurisdiction of persons legally considered adults found guilty except for insanity of a crime in Oregon and juveniles found responsible except for insanity;

b. Protecting the public;

c. Balancing the public’s concern for safety, the treatment of persons in the community, and the rights of patients;

d. Conducting hearings at intervals required by statute to determine the appropriate placement of clients whether in the hospital, on conditional release or discharge;

e. Making findings regarding whether the person in question can be controlled adequately if conditionally released with treatment;

f. Monitoring the progress of clients on conditional release in the community;

g. Revoking the conditional release of any client who violates the terms of his/her release plan or whose mental health has changed;

h. Issuing orders resulting from Board hearings;

i. Maintaining and keeping current the medical, social and criminal history of all persons committed to its jurisdiction; and

The Board’s primary purpose is to protect the public. It carries out its mission through hearings and monitoring. The Board holds hearings to determine if or when a client is ready to be conditionally released from the state hospital/secure in-patient facility into the community. Once a client is released to a community placement, it is the Board’s responsibility to monitor his or her progress in the community and to revoke the client’s conditional release if he or she were to violate the terms of the conditional release or his or her mental health decompensates such that he or she could pose a substantial danger to others.

The Board also administers the State’s Gun Relief Program, which it began handling in late 2011. As part of that program, the Board reviews petitions from individuals who are barred from possessing a firearm due to a mental health determination, including civil commitment, unable to aid and assist or GEI findings. If found by the Board to not be dangerous to public safety, the Board has the authority to reinstate the petitioner’s firearm privileges. The Board also has jurisdiction over those persons found to meet the jurisdictional criteria of ORS 426.701 and ORS 426.702, pertaining to a new type of civil commitment for extremely dangerous mentally ill persons. Also, the Board is responsible for notifying the Board of Parole and Post-Prison Supervision regarding sex offenders under BOPPPS’ jurisdiction who are conditionally released or discharged from the Board's jurisdiction.

Project Overview and Background In 2013, the legislature passed HB2549, which created a notification level system for registered sex offenders in Oregon. This law required that all registrants in Oregon must be assessed and/or evaluated and classified into a notification level based on their risk score(s) on the assessment or evaluation: Level I (Low), Level II (Moderate), Level III (High). The law provides that each level has a corresponding level of information to be released for community notification (ORS 181.835).

The PSRB, in collaboration with the Board of Parole and Post-Prison Supervision and community corrections agencies, has adopted the Static-99R as the assessment methodology for adult males with qualifying crimes. However, the Static-99R is a tool that is not normed for all sex offender populations. Females or males who committed their registerable offenses under the age of 18, and those who have committed “Category-B Offenses” only, shall instead be assessed on the Level of Service/Case Management Inventory (LS/CMI) and participate in an independent sexual offense-specific risk evaluation, which will determine the registrant’s notification level. It is these independent risk evaluations that are the subject of the RFP. The broad range of registrants to be assessed are located statewide, with the some located at the Oregon State Hospital in Salem, Oregon. Additionally, some are also currently on supervision in the community; and those who are registered but no longer on supervision. If appropriate, evaluations may be done via video conferencing. Contractor shall have their own video conferencing tools available for use or may be able to use the Board’s video conferencing equipment located in its downtown Portland. If an evaluation is required to be in person, it may be possible to have the registrant transported to an agreed upon location between Contractor and the Board.

Purpose The Board is statutorily mandated to classify the sexual reoffending risk of all current and previous clients who must register as a sex offender. The evaluations completed pursuant to this contract will aid the Board in determining the final classification for a registrant when use of the Static-99R is not indicated.

2.4 SCOPE OF WORK/SPECIFICATIONS

Selected Proposer shall be responsible for completing Sexual Offense-Specific Evaluation of Risk to reoffend, or registrants referred by the Board. Registrants may be housed withing the Oregon State Hospital in Salem, Oregon or in various other locations within the State of Oregon.

All work must be completed by the Contractor. Contractor shall not use subcontractors.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM OFFEROR QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section. If Proposer is a firm and is proposing to use Key Person(s) to meet all the requirements of this section, Proposal must demonstrate the Key Person(s) meet the requirements of this section.

· Have two (2) years of experience conducting sexual offense-specific evaluations of risk to reoffend, including the utilization of the Level of Service/Case management inventory (LS/CMI) assessment and evaluation of female sexual offenders.

· Have performed a minimum of 25 offender evaluations.

· Be a licensed provider and certified with the Oregon Sex Offender Treatment Board (OSOTB) and be in good standing. An exception to the requirement that the proposer be OSOTB certified may be granted if the PSRB’s administrative rules allow for a variance. If a variance for this requirement is requested, a detailed justification should be submitted to the Proposal. Submission of a proposal and Attachment C Proposer Certification Sheet, certifies Proposer’s certification and good standing.

· Have no history of felony conviction for the last five years. Submission of Proposal and Attachment C Proposer Certification Sheet, certifies Proposer has no felony convictions for the prior five years.

3.2 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):

· General Qualifications and Experience

· Key Person(s) and Their Resumes

· 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)

· Responsibility Inquiry (Attachment G) Offer 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 See: OregonBuys Vendor Formal Solicitation Response.pdf for electronic submission.

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

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

Other Electronic Media Response

If Proposer elects to submit its Proposal by other electronic media, Proposer shall submit one copy of its Proposal and all other submittal requirements, , on USB drive, DVD, or CD in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. 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), and also Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

The total combined size of the Proposal and Coversheet should be compressed so it does not exceed 10 megabytes.

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

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package. The Price Proposal must be submitted as a separate electronic response file.

Authorized Representative

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

3.3 OFFER CONTENT REQUIREMENTS

Offer 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.

Offer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

Responsibility Determination

DAS PS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with their Proposal.

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

General Qualifications and Experience

Proposal must include a detailed narrative, that at a minimum provides the following information:

· Describes Proposer’s previous experience with completing Sexual Offense-Specific Evaluation of Risk to reoffend within the last two (2) years. Please also include the following:

· Dates services were provided.

· Describe Proposer’s roles and responsibilities in providing services.

· Describe the results of previous evaluations completed.

Key Person(s) and Their Resumes

Proposer shall provide for each of the proposed Key Persons a written description of the Key Persons qualifications and experience and what makes them uniquely qualified to provide the Services requested in this RFP.

Proposer shall also submit a resume (no more than 2 pages in length) for their Key Peron(s) who will be providing the Services to the Board. Key Person(s) resume must show they meet the Minimum Requirements of this RFP Section 3.1 and have the expertise to provide the Services.

References

Proposer shall provide 3 references from current or former client firms for similar projects performed for any clients within the last 2 years. References must be able to verify the quality of previous, related Work.

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

Offeror shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Offeror and submitted with the Offer.

Proposer note: Three (3) references are required. If Proposer submits more than three (3) references, only the first three (3) references will be used.

SECTION 4: Procurement PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

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

4.2 PRE-PROPOSAL CONFERENCE

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

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

· Be delivered 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.

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. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys Offer submission should be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf Alternative Delivery Option: Delivery through Mail or Parcel Carrier

An Offer may be submitted through the mail or via parcel carrier, and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s name and the OregonBuys bid number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

4.5 OFFER MODIFICATION OR WITHDRAWAL

Any offeror who wishes to make modifications to a submitted Offer, 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 Offeror wishes to withdraw a submitted Offer, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.6 OFFER DUE

An Offer (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.

An Offer received after Opening is considered LATE and will NOT be accepted for evaluation. A late Offer will be returned to the Proposer or destroyed.

4.7 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2. 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.

4.8 OFFER REJECTION

DAS PS may reject an Offer for any of the following reasons:

· Offeror 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.

· Offeror has liquidated and delinquent debt owed to the State or any department or agency of the State.

· Offeror fails to meet the responsibility requirements of ORS 279B.110.

· Offeror 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.

· Offeror attempts to influence a member of the Evaluation Committee.

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

4.9 EVALUATION PROCESS

Responsiveness and Responsibility Determination

Responsiveness determination

Offers 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 Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

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

Evaluation Criteria

Offers meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation). If only one (1) Proposal is received, the Agency may elect to forgo the evaluation process and award to that Proposer.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of an Offer. A response to a clarification request may only clarify or explain portions of the already submitted Offer and may not contain new information not included in the original Offer.

Rating scale and explanation for evaluation criteria worth 50 points.

Rating scale and explanation for evaluation criteria worth 25 points.

General Qualifications and Experience

· How well does Proposer’s Proposal describe their previous experience with completing Sexual Offense-Specific Evaluation of Risk to reoffend? Is the experience withing the last two (2) years?

· How well does the Proposer’s Proposal describe what their roles and responsibilities were in providing the Services?

· How well does the Proposal describe the results of the previous evaluations completed?

key Persons and Their Resumes

· The degree to which the Proposal demonstrates that Proposer’s Key Person(s) have the qualifications, experience, training, education and skills to provide the Services requested in this RFP.

References

The Evaluation Committee will review and score each of the reference responses received. References will be scored based on their response to five (5) experience related questions, using the form in Attachment D. The maximum score for each response will be five (5) points. The Proposer’s score for the references will be determined by dividing the total points for all three (3) references by three (3) (the number of references).

PREFERENCES

Oregon Supplies and Services

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 Offers identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract/ in accordance with the procedures outlined in OAR 137-046-0300.

4.10 POINT AND SCORE CALCULATIONS

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

Price points are calculated as stated in the Price Evaluation section. The maximum points possible for each evaluation criterion are as follows:

4.11 RANKING OF PROPOSERS

The SPC will average the scores for each Offer in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

After any applicable preference has been applied, the SPC will determine the rank of each Offer, 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.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

5.1.2 Intent to Award Notice

DAS PS will notify all Offerors in Writing that DAS PS intends to award a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

5.2 APPARENT SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

Offeror who is selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.2.1 Insurance

Prior to award, Offeror 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.

5.2.2 Taxpayer Identification Number

Offeror 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.

5.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.2.4 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.

5.2.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Offeror 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.

5.3 CONTRACT NEGOTIATION

5.3.1 Negotiation

After selection of a successful Offeror, Agency may enter into Contract negotiations with the successful Offeror. By submitting an Offer, Offeror agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions to the negotiable provisions of the Sample Contract listed below.

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

Following the selection of the apparent successful Offeror, DAS PS may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, DAS PS is not required to make any changes and many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

Agency is willing to negotiate ONLY the Statement of Work and the following terms and conditions:

· Contract term

· Required Insurance limits

In the event that the parties have not reached mutually agreeable terms within 14 calendar days, DAS PS, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Offeror.

SECTION 6: ADDITIONAL INFORMATION

6.1 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.

6.2 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.

6.3 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.

6.4 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/Price Agreement award, or the rejection of any Proposal.

6.5 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.

6.6 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.

6.7 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) DAS Procurement Services, Version 4.4 July 1, 2021