Timelapse Photography RFP S-62800-00003633.pdf

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STATE OF OREGON

COVER PAGE

Oregon Forest Resources Institute

TIMELAPSE PHOTOGRAPHY

Intermediate Request for Proposal (RFP)

#S-62800-00003633

Date of Issue: July 1, 2022

Closing Date: August 5, 2022, 1:00 PM Pacific Time

Single Point of Contact (SPC): Kathy Storm, Senior Manager, Business Operations

Address: 9755 SW Barnes Road, Suite 210

City, State, Zip Portland, OR 97225

Phone (voice) 971-673-2953

Phone (fax) 971-673-2946

E-mail: storm@ofri.org

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.

mailto:storm@ofri.org

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: PROCUREMENT PROCESS

4.1 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.2 PROPOSAL DELIVERY OPTIONS

4.3 PROPOSAL MODIFICATION OR WITHDRAWAL

4.4 PROPOSAL DUE

4.5 PUBLIC OPENING

4.6 PROPOSAL REJECTION

4.7 EVALUATION PROCESS

4.8 PRICE EVALUATION

4.9 NEXT STEP DETERMINATION

4.10 PREFERENCES

4.11 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

6.8 COVID REQUIREMENT

SECTION 7: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Forest Resources Institute (“Agency”), is issuing this Request for Proposal for timelapse photography.

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

Agency anticipates the award of one Contract from this solicitation. The termination date of the contract is September 30, 2027. All work must be completed and accepted by Agency by the termination date.

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is five (5) years with options to renew for three additional five (5) year extensions resulting in a total of twenty (20) 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.

Event Date Time

Pre-Proposal Conference (optional) July 7, 2022 8:00 AM

Questions / Requests for Clarification Due July 8, 2022 12 NOON

Answers to Questions / Requests for Clarification Issued (approx.)

July 11, 2022

RFP Protest Period Ends 7 calendar days prior to RFP Closing

Closing (Proposal Due) August 5, 2022 1:00 PM

Issuance of Notice of Award (approx.) Week of Aug. 29, 2022

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

1.3 SINGLE POINT OF CONTACT (SPC)

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

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 526.640, ORS 526.645, ORS 279B.050, and utilizing source selection method pursuant to OAR 137-047-0260.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in 137-046-0110 or as defined below.

2.3 OVERVIEW

OFRI is seeking a contractor for the supply, installation and maintenance of remote, solar-powered timelapse camera units to be installed at locations to be determined by OFRI in the Cascade mountain foothills east of Salem, Oregon. The goal of the project is to show the recovery of forestland burned in the Beachie Creek fire of 2020.

The timelapse photography units will take multiple photographs 365 days a year, for the life of the project. Contractor shall deliver images to OFRI through cellular transmission from the timelapse unit, or from periodic manual downloads from the camera units.

OFRI is interested to document the recovery of the forest destroyed by fire. The goal is to install a timelapse camera unit on private forestland that was destroyed in a fire, and has since been replanted. At least one timelapse unit will be installed on burned private forestland. If possible, there will be a second unit installed on public land where trees have not been replanted. OFRI has a similar timelapse projects ongoing, to show the growth of seedlings after logging and replanting of new trees.

2.4 SCOPE OF WORK/SPECIFICATIONS

Contractor shall complete the following:

2.4.1. Recommend and purchase equipment suitable for a minimum of one semi-permanent timelapse photography unit to be installed at a location of OFRI’s choosing. Preference is for equipment that will use a cellular signal to transmit images to an OFRI email account or online storage service. If wireless signal is not sufficient in the area of installation, semi-annual trips to the installation will be required to collect images.

2.4.2. Install the timelapse photography unit and ensure its operability. Installation method shall be discussed with and meet the approval of the landowner and OFRI.

Installation needs to take into consideration the harsh climates of a remote, elevated location.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

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2.4.3. Provide ongoing support for OFRI’s timelapse installations detailed above. Services included, but not limited to the following;

2.4.3.1. Travel to and from time-lapse camera installment sites;

2.4.3.2. Diagnostic review and maintenance of time-lapse equipment. Upon approval by OFRI, Contractor shall purchase all parts necessary and make repairs to video equipment. OFRI requires a receipt to be included with monthly invoices for all parts;

2.4.3.3. Delivery of each set of images to OFRI, via an external hard drive provided by OFRI; and

2.4.3.4. Additional services related to the time-lapse reforestation project and the use of the captured images, upon request of OFRI.

2.4.4. All equipment installed for this project is property of OFRI. Termination of project and removal and return of equipment are the responsibility of OFRI and the contractor in coordination with the landowner.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

To be considered for evaluation, Proposer must submit a Proposal and Attachments that contain each of the following elements (further detailed in Proposal Requirements section below):

Executive Summary

Evaluation Material (See section 3.3.5)

Number of Years’ experience installing and maintaining timelapse photography units

Key Persons and Resumes (Do not submit resumes for staff that will not be assigned to account)

Work Samples

Proposer Information and Certification Sheet (Attachment C)

Price Proposal Form (Attachment E)

COBID Certification / Outreach Plan (Attachment F)

Responsibility Inquiry (Attachment G)

NOTE: Attachments C and Attachments E-G should be submitted as a separate file and not included in the Proposal.

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3.2.1 Proposal Page Limits

Proposal is limited to 10 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

Disclosure Exemption Affidavit (Attachment B)

Proposer Information and Certification Sheet (Attachment C)

Reference Check forms (Attachment D—do not return with Proposal)

Price Proposal (Attachment E)

COBID Certification / Outreach Plan (Attachment F)

Responsibility Inquiry (Attachment G)

Work samples

3.2.2 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely proposes 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.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. 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 specific information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

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

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

3.3.2 References

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

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency 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.

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Proposer shall submit reference names and contact information in the proposal. The Reference Check Form, provided as Attachment D to this Proposal, is an example of what will be sent by the SPC to references—Agency will send the form to references. Proposers are not to include completed reference forms with Proposal. Agency will make three attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

3.3.3 Price Proposal

Submit a Price Proposal (Attachment E) stating the project cost, including all expenses.

Submit as a separate file. Do not include pricing in the proposal.

3.3.4 Key Persons and their Resumes

Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each individual that demonstrates qualifications and experience for the Work described. Only include resumes for staff who will be assigned to Contract

3.3.5 Evaluation Material

Proposer must demonstrate how it meets the evaluation criteria set forth in Section 4.7 of the RFP.

3.3.6 RESERVED

3.3.7 Proposal Format and Quantity

Proposer shall submit one electronic copy of its Offer. In addition, 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 a fully redacted version of its Offer, clearly identified as the redacted version. Cost information must be submitted as a separate electronic file.

SECTION 4: PROCUREMENT PROCESS

A Pre-Proposal conference call will be held at the date and time listed in the Schedule.

Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

Provide additional description of the project;

Explain the RFP process; and

Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference Video Call at https://us02web.zoom.us/j/89802382540?pwd=OEJGc3FUYXlQQ2grRCs4VkRtdnJYdz 09 or by phone: +1 669-900-6833; Meeting ID: 898 0238 2540.

https://us02web.zoom.us/j/89802382540?pwd=OEJGc3FUYXlQQ2grRCs4VkRtdnJYdz09 https://us02web.zoom.us/j/89802382540?pwd=OEJGc3FUYXlQQ2grRCs4VkRtdnJYdz09

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4.1 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 RFP 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.

4.2 PROPOSAL DELIVERY OPTIONS

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

4.2.1 Delivery by email

A Proposal must be submitted to the attention of the SPC at the email listed on the Cover Page with the Proposer’s name and the RFP number as the subject line of the email.

For delivery to be effective, Proposer shall, prior to Closing, complete all of the following steps:

Submit its proposal via email with an auto-generated electronic return receipt requested.

Receive an automatically generated electronic return receipt.

Verify receipt of the email and attached proposal file(s) by telephone call or email to the SPC listed on the cover page of the RFP.

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

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

4.2.2 Delivery via electronic data storage service

A Proposer may submit its Proposal by electronic means via electronic data storage service available to OFRI (such as Dropbox (preferred), Google Cloud or other) by completing all of the following steps prior to the Closing:

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Proposer shall place an electronic copy of the Proposal in the electronic data storage location.

Send an confirming email without the electronic copy of the Proposal to the SPC at the email listed on the Cover Page attached that provides a link to the data storage location , instructions for OFRI on how to retrieve the Proposal from the data storage location, the Proposer’s name and the RFP number.

Submit the confirming email with an auto-generated electronic return receipt requested, receive an automatically generated electronic return receipt.

Verify receipt of the confirming email by telephone call or email to the SPC listed on the cover page of the RFP.

4.3 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section.

To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

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, fax, hard copy prior to closing in accordance with OAR 137-047-0440. To be effective the notice must include the RFP number.

4.4 PROPOSAL DUE

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

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

4.5 PUBLIC OPENING

No public opening will be held.

4.6 PROPOSAL REJECTION

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

4.6.1 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.

4.6.2 Proposer has liquidated and delinquent debt owed to the State or any department or agency

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

4.6.4 Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

4.6.5 Proposer attempts to influence a member of the Evaluation Committee.

4.6.6 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 Addenda.

4.7 EVALUATION PROCESS

4.7.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and Proposal Content 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 Offer. 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.

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

4.7.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and 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 up to the maximum points available in the Point and Score Calculation section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposal. 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 the original Proposal.

Provide two (2) examples of installing and managing timelapse camera units for the sake of long-term documentation of a designated area. (30 points possible)

Experience developing and installing solar-powered, remote camera setups, with the intention of autonomous operation for multiple years. (30 points possible)

Experience with remote camera setups utilizing wireless signal to transfer photo files to cloud-based storage services. (20 points possible)

Proximity to the area near Detroit, Oregon, or the ability to travel to the area for

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Experience managing backup photo files for delivery to clients. (10 points possible)

Experience creating final video presentations using the photo files captured on remote timelapse unit. (10 points possible)

4.8 PRICE EVALUATION

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

4.9 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

Establishing a Competitive Range

Presentations/Demonstrations/Additional Submittal Items

Interviews

Best and Final Proposals

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

4.10 PREFERENCES

4.10.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency will award 10 points to each Proposer conducting Services entirely from a business location within the state of Oregon.

4.10.2 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.

4.10.3 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.

https://www.naspo.org/reciprocity1

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4.10.4 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.

4.10.5 POINT AND SCORE CALCULATIONS

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

TOTAL POINTS POSSIBLE : 165

POINTS POSSIBLE 120

4.7.2.1 Provide two (2) examples of installing and managing timelapse camera units for the sake of long-term documentation of a designated area

4.7.2.2 Experience developing and installing solar-powered, remote camera setups, with the intention of autonomous operation for multiple years.

4.7.2.3 Experience with remote camera setups utilizing wireless signal to transfer photo files to cloud-based storage services.

4.7.2.4 Proximity to the area near Detroit, Oregon, or the ability to travel to the area for installation and maintenance of timelapse unit.

4.7.2.5 Experience managing backup photo files for delivery to clients.

4.7.2.6 Experience creating final video presentations using the photo files captured on remote timelapse unit.

3.3.3 PRICE POINTS POSSIBLE 25

3.3.2 REFERENCES 20

4.11 RANKING OF PROPOSERS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 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 3.

Agency may award less than the full Scope defined in this RFP.

5.1.2 Notice of Award

Agency will notify all Proposers in Writing that Agency is awarding a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.2.1 Insurance

Prior to execution of the Contract, the apparent successful Proposer shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to Proposal submission.

5.2.2 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

When requested by Agency (normally in an intent to award notice), or

When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

5.2.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Proposer shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and http://www.irs.gov/pub/irs-pdf/fw9.pdf

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Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

5.3 CONTRACT NEGOTIATION

5.3.1 Negotiation

By submitting an Offer, Proposer agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Offer, the State intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, 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 Proposals.

Any Proposal that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

All items, except those listed below, may be negotiated between Agency and the apparent successful Proposer in compliance with Oregon State laws:

Choice of law

Choice of venue

Constitutional requirements

All applicable Federal and State requirements

In the event that the parties have not reached mutually agreeable terms within thirty (30) calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

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.

http://www.filinginoregon.com/index.htm https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

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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 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 from the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of Agency. By submitting an 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 Offer, 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 192.311 through 192.478).

Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

6.4 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 solicitation 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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Offer, including, but not limited to, the costs to prepare and submit the Offer, costs of samples and other supporting materials, costs to participate in demonstrations, or 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. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

6.7 RECYCLABLE 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)

http://www.oregon.gov/DAS

OregonBuys Bid #S-62800-00003633 – Timelapse Photography Page 16 of 16

6.8 COVID REQUIREMENT

COMPLIANCE WITH EXECUTIVE ORDER 21-29, COVID-19 Vaccination Requirement for State Executive Branch. If selected for award, Bidder must certify that during the term of the Contract or the duration of State of Oregon Executive Order 21-29 (EO 21-29), whichever expires or terminates first, that Contractor will comply with, and that Contractor has and will maintain documentation that each Worker who provides goods and services at an Agency worksite is fully vaccinated against COVID-19, unless an exception under paragraph 6 of EO 21-29 applies.

SECTION 7: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY