RFP DASPS-2250-19 – Customizable Rain Wear and Related Services STATE OF OREGON COVER PAGE Department of Administrative Services (DAS), Procurement Services (PS) CUSTOMIZABLE RAIN WEAR AND RELATED SERVICES Request for Proposal (RFP) DASPS-2250-19 Date of Issue: July 29, 2019 Closing Date and Time: August 28, 2019 Single Point of Contact (SPC): Pam Johnson, State Procurement Analyst Address: 1225 Ferry St SE City, State, Zip Salem, OR 97301 Phone (voice) 503-378-4731 Phone (fax) 503-373-1626 E-mail: [email protected]DAS Procurement Services, Version 4.3 – December 21, 2018 Page 1 of 34
Transcript
RFP DASPS-2250-19 – Customizable Rain Wear and Related Services
STATE OF OREGON
COVER PAGE
Department of Administrative Services (DAS), Procurement Services (PS)
CUSTOMIZABLE RAIN WEAR AND RELATED SERVICES
Request for Proposal (RFP)
DASPS-2250-19
Date of Issue: July 29, 2019
Closing Date and Time: August 28, 2019
Single Point of Contact (SPC): Pam Johnson, State Procurement Analyst
Address: 1225 Ferry St SECity, State, Zip Salem, OR 97301Phone (voice) 503-378-4731Phone (fax) 503-373-1626E-mail: [email protected]
The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.
DAS Procurement Services, Version 4.3 – December 21, 2018 Page 1 of 25
RFP DASPS-2250-19 – Customizable Rain Wear and Related Services
TABLE OF CONTENTS
SECTION 1: GENERAL INFORMATION 41.1 INTRODUCTION 41.2 SCHEDULE 51.3 SINGLE POINT OF CONTACT (SPC) 5
SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE 52.1 AUTHORITY AND METHOD 52.2 DEFINITION OF TERMS 62.3 OVERVIEW AND PURPOSE 62.4 SCOPE OF WORK/SPECIFICATIONS 7
SECTION 4: SOLICITATION PROCESS 124.1 PUBLIC NOTICE 124.2 PRE-PROPOSAL CONFERENCE 124.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS 124.4 SOLICITATION PROTESTS 134.5 PROPOSAL DELIVERY OPTIONS 134.6 PROPOSAL MODIFICATION OR WITHDRAWAL 144.7 PROPOSAL DUE 144.8 PUBLIC OPENING 154.9 PROPOSAL REJECTION 154.10 EVALUATION PROCESS 154.11 POINT AND SCORE CALCULATIONS 184.12 RANKING OF PROPOSERS 194.13 NEXT STEP DETERMINATION 194.14 COMPETITIVE RANGE 204.15 COMPETITIVE RANGE PROTEST 21
4.16 ADDITIONAL ROUNDS 21
SECTION 5: AWARD AND NEGOTIATION 225.1 AWARD NOTIFICATION PROCESS 225.2 INTENT TO AWARD PROTEST 225.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS 235.4 PRICE AGREEMENT NEGOTIATION 24
SECTION 6: ADDITIONAL INFORMATION 256.1 CERTIFIED FIRM PARTICIPATION 256.2 GOVERNING LAWS AND REGULATIONS 266.3 OWNERSHIP/PERMISSION TO USE MATERIALS 266.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES. 266.5 COST OF SUBMITTING A PROPOSAL 266.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE 266.7 RECYCLABLE PRODUCTS 276.8 PRINTING, BINDING, AND STATIONERY WORK 276.9 CHECKLIST DISCLAIMER 27
DAS Procurement Services, Version 4.3 – December 21, 2018 Page 2 of 25
RFP DASPS-2250-19 – Customizable Rain Wear and Related Services
LIST OF ATTACHMENTS
ATTACHMENT A SAMPLE PRICE AGREEMENT
ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT
ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET
ATTACHMENT D REFERENCE CHECK FORM
ATTACHMENT E PRICE PROPOSAL FORM
ATTACHMENT F MANDATORY MINIMUM REQUIREMENTS
ATTACHMENT G MANDATORY MATERIAL SPECIFICATIONS
ATTACHMENT H SCOREABLE CRITERIA
ATTACHMENT I COBID CERTIFICATION / OUTREACH PLAN
ATTACHMENT J RESPONSIBILITY INQUIRY
DAS Procurement Services, Version 4.3 – December 21, 2018 Page 3 of 25
SECTION 1: GENERAL INFORMATION
1.1 INTRODUCTION
The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DAS PS” or “Agency”), is issuing this Request for Proposal (RFP) for Rain Wear to include Waterproof Jackets, Pants, Bibs and Hoods (“Rain Wear”). All Rain Wear must be customizable to allow for alterations, custom sizing, refurbishing and custom patches and stitching.
Additional details on Rain Wear requirements and associated services are included in Section 2.4, Scope of Work/Specification and Attachment F (Mandatory Minimum Requirements), Attachment G (Mandatory Material Specifications), and Attachment H (Scoreable Criteria). DAS PS intends to award to one or more manufacturers and issue Price Agreements to Proposers under this RFP in accordance with OAR 137-047-0600(4)(d) and OAR 125-247-0600 (4)(d). The actual number of Price Agreements awarded will be based on the Proposer meeting the requirements and the results of the Proposal evaluation and scoring described in Section 4.10. Authorized Purchasers will use the “Best Value Analysis” described in Section 5.4.2 to select a Price Agreement for purchases. Authorized Purchasers’ selection may be determined by need, preference, model, style, color, delivery, and price, in any combination.
The initial term of Price Agreements awarded will be for 5 years. Price Agreements may be extended for an additional 5 years for a total term of 10 years, or, a longer term as determined by DAS PS, if it is in the best interest of the State.
Any purchases under the Price Agreement must be authorized by an Ordering Instrument, Purchase Orders, or State P-Card of Oregon Transaction System (“SPOTS”) card issued by DAS PS in accordance with the ordering procedures described in Attachment A - Sample Price Agreement. DAS PS estimates that purchases under all Price Agreements may exceed a cumulative total of $2,000,000.00 over a 5 year period. This is an estimate only and is provided solely for informational purposes. Greater or lesser amounts may be purchased, and selected Contractors must deliver as ordered by the Authorized Purchasers. DAS PS does not imply or guarantee that this estimated amount or any amount will be purchased during a Price Agreement term.
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
Pre-Proposal Conference August 7, 2019 9:30 AM
Questions / Requests for Clarification Due August 12, 2019 12:00 Noon
Answers to Questions / Requests for Clarification Issued (approx.)
TBD
RFP Protest Period EndsAugust 16, 201912:00 Noon
Closing (Proposal Due) August 28, 2019 3:00 PM.
Opening of Proposal August 28, 2019 3:00 PM
Issuance of Notice of Intent to Award (approx.) TBD
Award Protest Period Ends7 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 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.
The resulting Price Agreement(s) will be awarded with the understanding that the Authorized Purchasers reserve the right to obtain like goods or services from other sources when necessary. State of Oregon agencies are required to purchase Rain Wear from the resulting Price Agreements, or must receive prior approval from the DAS PS Contract Manager to purchase Rain Wear from other sources.
2.2 DEFINITION OF TERMS
For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.
Addendum: means an addition to or deletion of, a material change in, or clarification of, the RFP. Addenda shall be labeled as such, issued by DAS PS, and shall be made available to all interested Proposers as set forth in this RFP.
Authorized Purchaser: A state, city, county, district, or other political subdivision of the State, or a nonprofit organization under the laws of State of Oregon if authorized to issue an Ordering Instrument, Purchase Order, or use a SPOTS Card pursuant to the Price Agreement.
Authorized Representative: An individual with the authority to legally bind the Proposer to the Terms and Conditions of the Price Agreement established as a result of this RFP. This individual must have the expertise and authority to accurately reflect the ability of the Proposer to meet the requirements detailed in this RFP.
Closing Date: means the date and time on or before all Proposals must be submitted.
Contract Administrator: A dedicated person that represents that Manufacturer, with the authority and ability to manage compliance with resulting Price Agreement.
Mandatory Minimum Requirements: Non-negotiable requirements that must be met in order for a Proposal to be considered for further evaluation. A Proposal that does not meet the Mandatory Minimum Requirements will be disqualified from further consideration.
Manufacturer: An original equipment manufacturer that provides a Proposal in response to this RFP for Rain Wear.
ORCPP Member: means a member of the DAS PS Oregon Cooperative Purchasing Program. ORCPP Members may include units of local government as defined in ORS 190.003, state contracting agencies as defined in ORS 279A.010 (1)(nn) and exempted from application of the Public Contracting Code under ORS 279A.025, semi-independent state agencies listed in ORS 182.454, special government bodies as defined in ORS 174.117, special districts as defined in ORS 198.010, United States governmental agencies with offices in Oregon and American Indian Tribes located in Oregon, and the entities specified in and meeting the requirements of ORS 279.855(1), (2) and (3) and OAR 125-055-0045.
Proposal: A Proposal submitted in response to this RFP.
Proposer: A person, Manufacturer, organization or governmental entity that submits a Proposal in response to this RFP.
Purchase Order: An Ordering Instrument, an authorized State of Oregon Purchase Order, or a SPOTS Card (collectively or individually).
2.3 OVERVIEW AND PURPOSE
Agency Overview and Background
DAS PS is soliciting Proposals for Rain Wear to include Waterproof Jackets, Pants, Bibs
and Hoods. All Rain Wear must be customizable to allow for alterations, custom sizing, refurbishing and custom patches for purchase by Authorized Purchasers. As part of this solicitation, DAS PS has incorporated requirements that are intended to provide increased focus on financial accountability and transparency and to assist in tracking spend and savings.
The Rain Wear is intended for use by State of Oregon Agencies and ORCPP Members which may include, for example, law enforcement agencies, State Police (OSP), Parks and Recreation (OPRD), Corrections (DOC), Emergency Management (OEM), Department of Forestry (ODF), Department of Fish and Wildlife (ODFW), Department of Transportation (ODOT), Public Safety Standards and Training (DPSST), or Oregon Youth Authority (OYA). Some Authorized Purchasers may need to purchase customized Rain Wear to specifically fit over uniforms and body armor.
Through this RFP, DAS PS will help Authorized Purchasers get the best price, best value, performance, customization, and environmentally friendly business practices and sustainability, which will promote reasonable ordering practices. The awarded Price Agreements will replace the current State of Oregon Price Agreement with Watershed, LLC, PA 3431.
Purpose
DAS PS will award Price Agreement(s) only to Proposers who are Rain Wear manufacturers. A manufacturer is considered an Authorized Dealer for purposes of this RFP. DAS PS reserves the right to award Price Agreements to multiple Proposers. DAS PS will not accept Proposals from Authorized Dealers that are not Manufacturers. This RFP does not allow for related companies of Manufacturers to collaborate with Manufacturers and submit Proposals. The objective of this RFP is to obtain best value and achieve more favorable pricing than is obtainable by an individual state agency or local government entity, because of the collective volume of potential purchases by Authorized Purchasers.
This RFP is designed to provide interested Manufacturers with sufficient basic information to submit Proposals that meet Mandatory Minimum Requirements. This RFP is not intended to limit a Proposal's content or exclude any relevant or essential data. Proposals shall be concise and as short as possible to allow for efficient evaluation. Generic marketing materials, brochures, or representations beyond what is sufficient to present a complete and effective Proposal will not be accepted.
Proposers must meet the Specifications requirements in Attachments F and G and provide pricing information in Attachment E for all Rain Wear sizes, or DAS PS may reject the Proposal as non-responsive.
2.4 SCOPE OF WORK/SPECIFICATIONS
2.4.1 APPLICABLE SPECIFICATIONS AND STANDARDS: All specifications and standards referenced must be of the most current service, design or revision.
2.4.2 Mandatory Minimum Requirements, Attachment F, Items 1 through 10Attachment F contains Mandatory Minimum Requirements for Rain Wear that will provide ease of use for the Authorized Purchaser and the awarded Price Agreement. Proposers must complete Attachment F, items 1 through 10 to confirm Manufacturer’s ability to meet the Mandatory Minimum Requirements and for the Proposal to be considered responsive.
2.4.3 Mandatory Material Specifications, Attachment G, items 1 through 6Attachment G contains the Mandatory Material Specifications that Proposers must provide for a Proposal to be considered responsive. Proposers must complete Attachment G, items 1 through 6 to confirm Manufacturer’s ability to meet the Mandatory Material Specifications requirement.
Failure to answer “yes” on Attachment G to any of the Mandatory Material Specifications will result in Proposal rejection pursuant to OAR 125-247-0640, and the Proposal will not move forward to complete evaluation process.
All of the requirements described in Attachment G, 1 through 6 are non-negotiable and will be included in each Price Agreement. In addition to providing a completed Attachment G, Proposer shall provide a detailed, written description of how Proposer complies with each Mandatory Material Specification. If the Proposer indicates a “Yes” or “No” on Attachment G and then does not provide the detailed, written descriptions as required, DAS PS may reject the Proposal as non-responsive. Proposer shall number and title each written description to correspond with the item of Attachment G, items 1 through 6.
2.4.4 Scoreable Criteria, Attachment HProposers are strongly encouraged to provide a detailed response to demonstrate Proposer’s ability to provide value to the State of Oregon. If additional pages are necessary to provide an explanation, Proposer will need to make sure that each answer is numbered according to the order of this document. Each response will be scored based on the table in Section 4.10.2.4 according to Proposer’s technical answers.
The Scoreable Criteria in Section 4.10.2.4, Attachment H is worth 130 points and includes items 1-13. Proposers will be evaluated on their response to each question, and will be given points based on the score table in Section 4.10.2.4.
SECTION 3: PROCUREMENT REQUIREMENTS
3.1 MINIMUM QUALIFICATIONS
To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:
Proposer Information and Certification Sheet, Attachment C
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.
Mandatory Minimum Requirements, Attachment F, items 1 through 10.
This section contains the Mandatory Minimum Requirements that Proposers must meet for their Proposal to be considered responsive. Proposers must complete Attachment F, items 1 through 10 to confirm Manufacturer’s ability to meet the Mandatory Minimum Requirements. Each Proposer must provide and make it known if it has Authorized Dealers (see item number 4) and describe details if applicable. If it is not applicable, then Proposer must state that on the Attachment F, item number 4.
Failure to answer “Yes,” “No” or “N/A” to any of the Mandatory Minimum Requirements on Attachment F, items 1 through 10 may result in Proposal rejection pursuant to OAR 125-247-0640, and the Proposal will not move forward in the evaluation process.
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):
Disclosure Exemption Affidavit (Attachment B) – submit 1 copy only Proposer Information and Certification Sheet (Attachment C) Reference Check Form (Attachment D)Specifications and Pricing Proposal Form (Attachment E)Mandatory Minimum Requirements (Attachment F)Material Specifications (Attachment G)Scoreable Criteria (Attachment H)COBID Certification / Outreach Plan (Attachment I) - submit 1 copy onlyResponsibility Inquiry (Attachment J) - submit 1 copy only
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. Pricing information must be submitted as a separate electronic file such as thumb drive or CD, in a sealed envelope.
Proposer shall submit a hard copy of the Proposal, and all attachments, excluding the pricing information which shall be submitted on a hard copy and submitted in separate envelope. Proposal must be submitted on white 8 ½” x 11” recycled paper and an electronic copy of the Proposal, excluding the pricing information, on electronic media such as thumb drive or CD. The total combined size of the Proposal, excluding pricing information, 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. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.
Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the RFP number clearly visible on the outside of the package.
Proposer’s electronic copy of the Proposal and of the pricing information on USB drive, DVD, or CD must be formatted using Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).
Authorized Representative
Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by DAS PS.
3.3 PROPOSAL REQUIREMENTS
Proposal must address each of the 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 specific information is difficult to locate.
SECTION 4: SOLICITATION PROCESS
4.1 PUBLIC NOTICE
The RFP and attachments are published in the Oregon Procurement Information Network (ORPIN) at https://orpin.oregon.gov. RFP documents will not be mailed to prospective Proposers.
Modifications, if any, to this RFP will be made by written Addenda published in ORPIN. Prospective Proposer is solely responsible for checking ORPIN to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.
4.2 PRE-PROPOSAL CONFERENCE
A pre-Proposal conference will be held at the date and time listed in the Schedule in Section 1.2 and below.
DATE TIME LOCATIONAugust 7, 2019 9:30 am Department of
A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.
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, or hard copy; 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.
4.4 SOLICITATION PROTESTS
4.4.1 Protests to RFP
Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below and Proposer may take exception to the terms and conditions of the Sample Price Agreement marked as negotiable as set forth in the Negotiations Section.
4.4.2 Protests to Addenda
Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by 5 p.m. Pacific Time of the second Business Day or the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.
4.4.3 All Protests must:
Be delivered to the SPC via email, or hard copy;Reference the RFP number;Identify prospective Proposer’s name and contact information;Be sent by an authorized representative;State the reason for the protest, including:
o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and
o evidence or documentation that supports the grounds on which the protest is based
State the proposed changes to the RFP provisions or other relief sought;
Protests to the RFP must be received by the due date and time identified in the Schedule; andProtests to Addenda must be received by the due date identified in the respective Addendum.
4.5 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 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 Mail or Parcel Carrier:
A Proposal 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 RFP number. It must be sent to the attention of the SPC at the address listed on the Cover Page.
Delivery in Person
A Proposal may be hand delivered, and must be clearly labeled and submitted in a sealed envelope, package or box. A Proposal will be accepted, prior to Closing, during Agency’s normal Monday – Friday business hours of 8:00 a.m. to 5 p.m. Pacific Time, except during State of Oregon holidays and other times when Agency is closed. The outside of the sealed submission must clearly identify the Proposer’s name and the RFP number. It must be delivered to the attention of the SPC at the address listed on the Cover Page.
4.6 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, hard copy prior to closing in accordance with OAR 125-247-0440. To be effective the notice must include the RFP number.
4.7 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.
4.8 PUBLIC OPENING
A public Opening will be held on the date and time listed in the Schedule and at the location stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other
information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.
4.9 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 those the SPC authorizes, 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 Addenda.
4.10 EVALUATION PROCESS
4.10.1 Responsiveness and Responsibility determination
Responsiveness determination
A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.
Responsibility determination
Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. 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.
4.10.2 Evaluation Criteria
Attachment G, Mandatory Material Specifications and Attachment F, Mandatory Minimum Requirements will be evaluated by the Evaluation Committee on a pass/fail basis. Those Proposals which do not comply or have a NO response with any Mandatory Material Specifications and Mandatory Minimum Requirements will be non-responsive and may be rejected.
Those Proposals that comply with the Mandatory Material Specifications and the Mandatory Minimum Requirements will move forward and be evaluated on the Attachment H, Scoreable Criteria, Attachment D, References, and Attachment E, Price Proposal.
4.10.3 Mandatory Material Specifications (pass/fail) Attachment G.
Attachment G contains the Mandatory Material Specifications that Proposers must provide for a Proposal to be considered responsive. Proposers must complete Attachment G, items 1 through 6 to confirm Manufacturer’s ability to meet the Mandatory Material Specifications.
4.10.4 Mandatory Minimum Requirements, (pass/fail) Attachment F.
All of the requirements described in Attachment F, items 1 through 10 are non-negotiable and will be included in each Price Agreement. In addition to providing a completed Attachment F, each Proposer must provide a detailed, written description of how Proposer complies with each mandatory requirement in this Attachment F, items 1 through 10. If the Proposer indicates a “Yes” or “No” on Attachment F, items 1 through 10 and then does not provide the detailed, written descriptions as required, DAS PS may reject the Proposal as non-responsive. Proposer shall number and title each written descriptions to correspond with the Attachment F, items 1 through 10.
4.10.5 References, Attachment D Points Possible: 30 pts.
Proposer shall provide three (3) references from current or former client firms other that the State of Oregon for similar projects performed for any clients within the last three (3) years. References must be able to verify the quality of previous, related Wor Reference forms must be completed by the reference, returned to the Proposer and Proposer shall submit with their Proposal. Up to 10 Points will be awarded for each Reference submitted for an overall total up to 30 points. Points are based on how well each Reference replies and scores their submitted response. Maximum point values are assigned to indicate the relative importance of each scoreable item in Attachment D.
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.
If Agency chooses to verify references, it 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.
4.10.6 Scoreable Criteria, Attachment H Points Possible: 130 pts
Each Proposal meeting all Responsiveness requirements and all Attachment G, Mandatory Material Specifications and Attachment F, Mandatory Minimum 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.
4.10.7 PRICE EVALUATION, Attachment E Possible Points: 200
Proposers shall provide costs on Attachment E, Price Proposal, including prices for each tab, including: Hood, X Small, Small, Medium, Large, X large, 2 XX Large, 3 XXX
SCORE EXPLANATION
10
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 – 9VERY 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.
5ADEQUATE – 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 – 4FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.
0RESPONSE 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.
Bonnin Jill G, 07/26/19,
I had to update all the numbering for this section since it got removed. Please double check references to 4.10 throughout to make sure they are now accurate.
Large, 4 XXXX Large, 5 XXXXX Large, C X Large. . Proposer shall provide the Manufacturer’s List Price, less the discount percentage to calculate Retail Price.
Proposer shall include price for each Customized Option in Column I. Proposer shall provide custom size garments upon request by making body, sleeve, or pant leg shorter or longer when specified at time of order. Customization costs shall also be included in column I.
4.10.7.1 Proposer shall also propose the cost for Alterations.
If there are any components that are listed under the Standard Options or Custom Options that are included in the List Price, then Proposer shall write “Included” in the List Price column for that component. If the required component is NOT INCLUDED in the List Price, then Proposer shall specify the Manufacturer’s List Price, less the discount percentage to provide the Retail Price for that required component.
DAS PS will add the Standard List Price from each tab together to determine the overall pricing for each proposal. Proposers will receive pricing points for the overall total from all tabs. The overall total that is the lowest combined actual price will be given the maximum number of points for pricing.
At a minimum, all Rain Wear to be made available under the RFP must include the Manufacturer’s List Price, the Discount Percentage Applied to provide the Retail Price. It shall also include the types and sizes listed on the Attachment E Price Proposal.
The Proposer with the lowest overall total cost on Attachment E, Specification and Pricing Proposal will be given the maximum Pricing Points of up to 200 Points.
The Proposer with the next lowest cost on Attachment E, Specifications and Pricing Proposal, will be given a percentage of the total points available for award.
Once the lowest cost is established, the SPC will award a cost score to each additional 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
4.10.8 PREFERENCES
4.10.8.1 Oregon Supplies and Services
Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.
4.10.8.2 Reciprocal Preference
For evaluation purposes per OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Proposer's Proposal price that is equal to the percent preference, if any, given to a Resident Proposer in the Proposer's state.
4.10.8.3 Recycled Materials
In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least one Proposer does not, Agency will select the Proposer offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.
4.10.8.4 Tiebreakers
Oregon Supplies: If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Price Agreement, Agency shall award the Price Agreement in accordance with the procedures outlined in OAR 125-246-0300.
4.11 POINT AND SCORE CALCULATIONS
Scores are the points assigned by each evaluator.
Points are the total possible for each section as listed in the table below.
The SPC will average all scores for each evaluation criterion. Price points are calculated as stated in the Price Evaluation section.
4.12 RANKING OF PROPOSERS
The SPC will combine the average score for References with Proposer’s price score, After any applicable preference has been applied, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.
4.13 NEXT STEP DETERMINATION
At the conclusion of a round of competition, Agency may choose to conduct additional round(s)
TOTAL POINTS POSSIBLE : 360
4.10.2.1 Attachment G, Mandatory Material Specifications Pass/Fail
of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:
Product Demonstrations/Additional Submittal Items Serial or simultaneous negotiations Best and Final Offers
4.14 COMPETITIVE RANGE DETERMINATION
If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in ORPIN of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.
4.15 COMPETITIVE RANGE PROTEST
Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:
Be emailed to the SPC;Reference the RFP number;Identify Proposer’s name and contact information;Be sent by an authorized representativeState the reason for the protest; andBe received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.
Agency will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information as set forth in the competitive range notice may not be considered by Agency.
4.16 ADDITIONAL ROUNDS
Best and Final Offers may be considered if necessary.
Proposers in the Competitive Range may submit Best and Final Offers. The written Best and Final Offer (“Revised Proposal”) must be submitted on or before the due date and time set forth in the notice of Competitive Range / XXXX Pacific Time on XXX and must be delivered to the Single Point of Contact (SPC). LATE REVISED PROPOSALS WILL NOT BE ACCEPTED.
If Proposer elects not to submit a Revised Proposal, Proposer’s initial Proposal will be accepted as the Best and Final Offer and evaluated accordingly.
Best and Final Offer Requirements
Best and Final Offers must be submitted in writing in the form of an amendment to the Proposer’s initial Proposal. Best and Final Offers must comply with the following requirements and specifications:
Identify Proposer’s business name and reference RFP XXXX; and Submit One (1) copy of the revised Proposal with original Signature, identified as the “master”, and XX copies; and Clearly identify the information included Proposer’s initial Proposal that Proposer intends to amend or replace in terms of the page, section and paragraph of Proposer’s initial Administrative, Technical or Price Proposal; and Include the replacement information, which shall comply with the requirements of Sections XXXX and each of the Items listed below; and Include a redlined version of the Sample Price Agreement (attached to the RFP as Attachment A) and any and all other documents applicable to the requests set forth in the RFP or applicable Addendum XXX; and Include a Best and Final Offer letter, signed in ink by Proposer’s authorized representative, which summarizes the Proposal aspects amended by the Best and Final Offer and states that the information included in the Best and Final Offer supersedes the corresponding information included in Proposer’s Proposal submitted on or before XXXX; and Include all information requested in the Best and Final Offer letter.
SECTION 5: AWARD AND NEGOTIATION
5.1 AWARD NOTIFICATION PROCESS
Award Consideration
Agency, if it awards a Price Agreement, shall award a Price Agreement 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 defined in this RFP and may award more than Price Agreement, in Agency’s sole discretion.
Intent to Award Notice
Agency will notify all Proposers in Writing that Agency intends to award a Price Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.
5.2 INTENT TO AWARD PROTEST
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 Price Agreement 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 Price Agreement Negotiations and award.
Protests must:
Be delivered to the SPC via email or hard copy Reference the RFP number Identify Proposer’s name and contact information Be signed by an authorized representative Specify the grounds for the protest Be received within 7 calendar days of the Intent to Award notice
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.
Proposer(s) who are selected for a Price Agreement award under this RFP will be required to submit additional information and comply with the following:
Insurance
Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.
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.
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 Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.
Responsibility Inquiry
Prior to award, Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry.
If selected for award and the Price Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services.
For instructions on how to obtain the Certificate, visit www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.
ORS 279B.110(2)(f) requires that Proposer provide this certification prior to execution of the Price Agreement. In addition, if awarded a Price Agreement, Proposer must comply with ORS 652.220 and shall not unlawfully discriminate against any employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age.
Nondiscrimination in Employment
As a condition of receiving the award of a Price Agreement under this RFP, Proposer must certify by their 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 of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.
5.4 PRICE AGREEMENT NEGOTIATION
Negotiation
After selection of a successful Proposer(s), Agency may enter into Price Agreement negotiations with the successful Proposer(s). By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.
Proposer shall review the attached Sample Price Agreement and note exceptions.
Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).
It may be possible to negotiate some provisions of the final Price Agreement; however, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposal.
Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.
In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.
Agency is willing to negotiate all items, except those listed below:
Choice of law Choice of venue Constitutional requirements Indemnity Insurance Requirements of applicable federal and State law
In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.
Contractor Selection Methodology
In the event multiple Price Agreements are awarded, Authorized Purchasers will use the following methodology to determine from which Contractor to purchase. Issue purchases to the highest ranked Contractor; or
Authorized Purchaser may, in its discretion, issue purchases to the Contractor that best suits Authorized Purchasers’ needs. Such selection may be determined by need, preference, model, style, color, delivery, and price, in any combination; or
Determine a list of the most commonly purchased items, price compare this list between all awarded Contractors. A new comparison will be conducted at least once per year.
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 Price Agreement has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment __) prior to execution.
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 consent to the jurisdiction of any court.
6.3 OWNERSHIP/PERMISSION TO USE MATERIALS
All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually 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 Price 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.
Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. DAS PS advises each Proposer to consult with its own legal counsel regarding disclosure issues.
IF PROPOSER FAILS TO IDENTIFY THE PORTIONS OF THE PROPOSAL THAT PROPOSER CLAIMS ARE EXEMPT FROM DISCLOSURE, PROPOSER HAS WAIVED ANY FUTURE CLAIM OF NON-DISCLOSURE OF THAT INFORMATION.
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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.
6.5 COST OF SUBMITTING A PROPOSAL
Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.
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 set forth in this document and the subsequent Price Agreement. (ORS 279B.025)
