Side by Side RFP~1.pdf

STATE OF OREGON

COVER PAGE

Oregon Department of Emergency Management

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S- 25800-0005892 for

THREE (3) RESCUE SIDE BY SIDE’S WITH THREE (3) TRAILERS

Date of Issue: November 21, 2023 @ 3:00 PM

Opening Date and Time: December 12, 2023 @ 10:00 AM

Single Point of Contact (SPC): Kail Daniel, Procurement and Contracts Specialist

Address: 3930 Fairview Industrial Drive SE City, State, Zip Salem, Oregon 97302 Phone (voice) 971-718-6572 E-mail: kail.daniel@oem.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

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 OVERVIEW AND PURPOSE

2.3 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PROPOSAL REJECTION

4.9 EVALUATION PROCESS

4.10 POINT AND SCORE CALCULATIONS

4.11 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 CHECKLIST DISCLAIMER

LIST OF ATTACHMENTS

• ATTACHMENT A SAMPLE CONTRACT/ PURCHASE ORDER WITH OREGON TERMS AND CONDITIONS

• ATTACHMENT B REFERNCE CHECK FORM

• ATTACHMENT C PRICE PROPOSAL WITH MANDITORY SPECICIAFION LIST

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SECTION 1:GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Emergency Management, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Three

(3) Rescue Side by Sides with Three (3) Trailers. 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 Purchase Order from this RFP. This will be a one-time purchase for Three (3) Rescue Side by Sides with Three (3) Trailers.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Request for Quote posted to OregonBuys November 21, 2023 3:00 PST

Opening (Proposal Due) December 12, 2023 10:00 AM PST

Issuance of Notice of Intent to Award (approx.) December 19, 2023

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

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2:AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 OVERVIEW AND PURPOSE

2.2.1 Agency Overview and Background

The Oregon Department of Emergency Management (ODEM) was established as a stand-alone State of Oregon agency on July 1, 2022. Previously, ODEM was the Office of Emergency Management within the Oregon Military Department (OMD). The creation of ODEM will effectively change our organization and our ability to serve Oregonians. The expanded capabilities afforded in this transition will allow ODEM to work proactively in developing emergency response and recovery programs to meet the needs of a changing landscape.

2.2.2 Project Overview and Background

The State Preparedness and Incident Response Equipment (SPIRE) grant provides equipment to local governments and other recipients for emergency preparedness.

Established by HB 2687 in 2017, the grant is funded by bond sales and only covers capital assets. ODEM purchases the equipment, owns the equipment, and makes it available for local use, the awardee is responsible for maintenance, insurance, staffing and response.

2.3 SCOPE OF WORK/SPECIFICATIONS

Delivery to be included in the proposal with onsite training. Training should include Vehicle familiarization, driver preventative maintenance, basic winch operation, off road familiarization ride, basic self-recovery. Deliver associated maintenance and Operator manuals to include parts manual.

Delivery Locations

11945 SW 70th Ave, Tigard, OR, 97223, USA 11300 SE Fuller Rd, Milwaukie, OR, 97222, USA 1705 W 2nd Ave, Eugene, OR, 97402, USA

Rescue Side-by-side with Side-by-side utility trailer, 7x18 haul Trailer Seating Capacity: Crew Cab with Up to 6 passengers Engine:

• 1000cc

• 2 cylinder

• Gasoline fueled

• Fuel injected

• Electric start

• Power steering Transmission:

• Automatic

• 4x4

• (Provide Electronic Locking Front and Rear Differentials as Option if Available)

• Hi/low range

• Towing capacity 2,500 lbs.

Brakes:

• 4-wheel hydraulic disc

• Electronic hill decent system

Suspension:

• Minimum ground clearance 14”

• 29” tall tires

Exterior

• Fully enclosed/sealed crew cab

• Red Fire/Rescue Body Panels

• Cab ROPS protection system

• Hard doors with glass windows (Show Power Windows as Option if Available)

• Windshield wiper with wash

• Front and rear brush guards

• A-arm skid plates

• Full length skid plate

• Rear cab guard (headache rack) – (with 300 lb. winch as Option Package if available)

• Front 4,500 lb. winch with wireless remote

• Bed payload 1,000 lb.

• 12v cargo bed power kit

• Roof rack

• Front hood storage rack if an available option

• 40” combo spot/flood LED light bar with wiring harness and cab switch

• Quick install snow track system – Show as an Options Package if available

• Rescue skid for victim and stokes litter with attendant seat - (Provide Skid Compartment

Configuration Options Pkg)

• Emergency Lighting (Red/Blue/Amber) - Options Package

• Door ROPS mounted side view mirrors

• Rear LED spotlights- Provide Option Packages

• LED headlights

Interior:

• LCD information center

• 12 v DC outlets (2)

• USB port (2)

• Panoramic rear-view mirror

• Accessory switch panel

• Heat/AC/defrost

• Dash winch switch kit

• Siren & public address system (Provide Package Options)

• Under seat storage

• Multi-function cab light

• Provide Option Package for battery tender maintenance charging system with shoreline trickle charge quick connection if available.

UTV HEAVY DUTY PULL BEHIND UTILITY TRAILER OPTION PACKAGE:

• All – Aluminum Construction

• 25 “tires and at least 11” ground clearance.

• Include any compartment configurations as separate options package.

• Bed can hold up to 45 Cubic Feet

• Trailer bake lights and taillights

• Electric Brake

UTV TRANSPORT TRAILER, TANDEM AXLE 6.5X18

• All-Aluminum Construction

• (Width x Length) 76"x215"

• Overall (Width x Length) 102"x269"

• Deck Height - 17"

• Hitch Height - 14"

• Axle Rating -3500#

• Wheels 14" Aluminum

• Tires 205/75R16

• Tongue - Triple - Tube

• GVWR 7000#

• Curb Weight- 1202#

• Payload - 5798#

• Power Connection - 7-Way Round

• 7800# Safety Chains

• Torsion Ride Braked Axles

• 1500# Wheel Jack

• EASILY Removable Aluminum Fenders

• Extruded Aluminum Decking or wood

• Integrated Rear Ramp with Beveled Edge

• Fixed 2”x2” Aluminum Side Rail Kit

• 24” O/C Floor Crossmembers

• 2”x5” Subframe Tubing

Add on packages and any value-added services or equipment

SECTION 3:PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Submissions

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

• Executive Summary clearly showing all required specifications

• Price Proposal Form with mandatory specification list (Attachment C)

• Side by side with Trailer Work Samples, pictures

• Three (3) completed reference check forms from previous clients within the last two years.

• Expected delivery date of equipment to sub recipients

3.1.2 Proposal Page Limits

Proposal is limited to 25 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Price Proposal Form with mandatory specification list

• Side by Side with Trailer Work samples

• Three (3) completed references check forms from previous clients

3.1.3 Proposal Format and Quantity

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

Proposer shall submit one copy of its Proposal and Attachment E, price proposal via email to the SPC listed on page one of the RFP.

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 in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

3.1.4 Authorized Representative

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

3.2 PROPOSAL REQUIREMENTS

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

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

3.2.1 Price Proposal

• For each activity described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs,

• The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

• For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work and list the salary/wage and fringe rate separately for each such individual.

SECTION 4:SOLICITATION PROCESS

4.1PUBLIC 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 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 of the RFP.

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:

Proposal submission shall be sent via email to the SPC.

4.5 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 of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.6 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

https://oregonbuys.gov/

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

4.7 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).

4.8 EVALUATION PROCESS

4.8.1 Responsiveness and Responsibility Determination

4.8.1.1 Responsiveness determination

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

OAR 125-247-0470.

4.8.2 Evaluation Criteria

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.

6 – 9 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.

Each Proposal 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).

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.

4.8.2.1 Evaluation Item 1

• Does the proposal meet all required specifications

• Quote includes training

4.8.2.2 Evaluation Item 2

• Estimated Delivery date to deliver all Three side by sides and Three to subrecipients

4.8.2.3 Evaluation Item 3

• Were Any value-added services or equipment packages included in the proposal

4.8.3 PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 4.10.2, the sealed Price Proposals from Proposers will be opened and scored as follows:

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

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

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

• All other Proposers will receive 0 points.

4.8.4 PREFERENCES

5 ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

0 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.

4.8.4.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.8.4.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.8.4.3 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.

4.8.4.4 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.

4.9 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 in the table below.

Price points are calculated as stated in the Price Evaluation section.

4.10 RANKING OF PROPOSERS

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

Total Points Possible 60

4.9.2.1 Meets all specifications 30

4.9.2.2. Estimated Delivery Date 20

4.9.2.3 Value added Services or Equipment 10

PRICE POINTS POSSIBLE

https://www.naspo.org/reciprocity1 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

SECTION 5:AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 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.

5.1.2 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.

5.2 INTENT TO AWARD PROTEST

5.2.1 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.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email,

• Reference the OregonBuys bid number.

• Identify Proposer’s name and contact information.

• Be signed by an authorized representative of Proposer.

• Specify the grounds for the protest; and

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

5.2.2 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.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 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.

5.3.2 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.

5.3.3 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.

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

5.3.4 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.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into 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), with the exception of 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/Price Agreement, 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 into 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.

In the event that the parties have not reached mutually agreeable terms within 5 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6:ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

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

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, 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=o regon4biz

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.

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 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.

6.4 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.

6.5 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.

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

6.8 RECYCLABLE PRODUCTS

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