oad1921.org · Web viewState of Oregon. Department of Administrative Services. Procurement...

STATE OF OREGON

Department of Administrative ServicesProcurement Services

On Behalf of

Public Utility Commission of Oregon

for

TELECOMMUNICATION DEVICES ACCESS PROGRAM

Request for Proposal (RFP)

DAS PS-2127-16Date of Issue: _ September 27, 2016 __

Closing Date: ___ October 27, 2016 3:00 PM ___

Single Point of Contact (SPC): Rena Sawyer, State Procurement Specialist

Address: 1224 Ferry St SE U140City, State, Zip Salem, OR 97301-4285Phone (voice) (503) 378-2272Phone (fax) (503) 373-1626E-mail: [email protected]

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mailto:[email protected]

http://www.oregon.gov/DAS/EGS/PS/pages/index.aspx

Table of Contents1.1 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.........................................................................................................................................................................

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION............................................3.1 MINIMUM REQUIREMENTS....................................................................................................................................................3.2 MINIMUM SUBMISSION REQUIREMENTS..........................................................................................................................3.3 PROCUREMENT PROCESS........................................................................................................................................................3.4 PROPOSAL CONTENT REQUIREMENTS...........................................................................................................................123.5 PROPOSAL SUBMISSION REQUIREMENTS (Pass/Fail)...............................................................................................133.6 SUBCONTRACTOR USE (PASS/FAIL):................................................................................................................................133.7 FINANCIAL STATEMENT/FISCAL STABILITY (PASS/FAIL):.....................................................................................133.8 REFERENCES..............................................................................................................................................................................143.9 ADDITIONAL DESIRABLES (Optional)..............................................................................................................................143.10 MATERIAL AND/OR TECHNICAL PROPOSAL:...............................................................................................................153.11 DEVICE PROPOSAL...................................................................................................................................................................203.12 FORMS (Pass/Fail):.................................................................................................................................................................. 213.13 EVALUATION PROCESS..........................................................................................................................................................213.14 RANKING OF PROPOSALS......................................................................................................................................................233.15 COMPETITIVE RANGE AND COST PROPOSALS.............................................................................................................243.16 PREFERENCES........................................................................................................................................................................... 253.17 REVIEW AND NOTIFICATION..............................................................................................................................................25

SECTION 4: AWARD AND NEGOTIATION........................................................................................4.1 AWARD NOTIFICATION PROCESS......................................................................................................................................254.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS...................................................................264.3 CONTRACT NEGOTIATION....................................................................................................................................................27

SECTION 5: ADDITIONAL INFORMATION.......................................................................................5.1 COBID PARTICIPATION..........................................................................................................................................................285.2 GOVERNING LAWS AND REGULATIONS..........................................................................................................................285.3 OWNERSHIP/PERMISSION TO USE MATERIALS..........................................................................................................285.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES..................................................................285.5 COST OF SUBMITTING A PROPOSAL.................................................................................................................................285.6 STATEWIDE E-WASTE/RECOVERY POLICY...................................................................................................................295.7 RECYCLABLE PRODUCTS.......................................................................................................................................................29ATTACHMENT A - Sample Contract..................................................................................................................................................30[Place Holder for Sample Contract]........................................................................................................................................................30ATTACHMENT D - Proposer Information Sheet.............................................................................................................................35

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services (“DAS”), Procurement Services (“DAS PS”) on behalf of Public Utility Commission, (“PUC”), is issuing this RFP in order to establish one or more contracts for distributing specialized telecommunications equipment and accessories, including, but not limited to speech generating devices (alternative and augmentative communication devices), mounting solutions, and Apple iPads through the Telecommunication Devices Access Program (TDAP).

Additional details regarding the goods, services, or both are included in Section 3 of this RFP.

The State urges Proposers to take reasonable steps to ensure that MWESB certified firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement. Accordingly, Proposers may be Partnerships or include Subcontractors.

For the purposes of this RFP, there will be five (5) separate Categories (“Categories” or singularly, “Category”): Category 1: Specialized Telecommunications Equipment and Accessories; Category 2: Captioned Telephones; Category 3: Speech Generating Devices; Category 4: Mounting Solutions; Category 5: Apple iPads. DAS PS will accept Proposals for one or more Categories from original manufactures or authorized dealers of manufacturers.

This RFP may result in award of multiple Agency contracts by Category.

Once awarded a Contract, the original manufactures or authorized dealers will provide distribution of specialized telecommunications equipment. Orders will be made by PUC, in the Category of specialized telecommunications equipment specified in the Contract.

Due to the complexities in specifications for specialized telecommunications equipment in general, a “catalog” approach will be used in order to offer PUC the widest selection of specialized telecommunications equipment possible. DAS PS understands Proposers may provide a wide breadth of specialized telecommunications equipment in many varied configurations. DAS PS does not intend to limit any Proposer, but intends to capture, to maximum extent possible, all of the specialized telecommunications equipment available in the marketplace that is within the scope of this RFP. Support Sales Brochures may be submitted in this section, but will NOT be accepted in-lieu of a detailed list of specialized telecommunications equipment.

The catalog approach includes the information submitted for section 3.11 of the RFP, which will be inserted into Attachment A of awarded Contracts and also will be included in a master index (list) with specialized telecommunications equipment available from all Contractors awarded a Contract. The master index will be the starting point for PUC to locate specialized telecommunications equipment available under the Contracts.

The initial term of the Contract is anticipated to be four (4) years and with options to extend for additional terms.

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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 October 12, 2016 1:00 PM

Questions / Requests for Clarification Due October 21, 2016 10:00 AM

RFP Protest Period Ends October 21, 2016 10:30 AM

Initial Proposals Due October 27, 2016 3:00 PM

Notice of Competitive Range/Issuance of Second Round Addendum.

TBD

Issuance of Notice of Intent to Award (approx.) TBD

Award Protest Period Ends 7 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, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS PS is issuing this RFP pursuant to its authority under Oregon Administrative Rule (“OAR”) 125-246-0170(2).

DAS PS is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS PS 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 DEFINITION OF TERMS

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

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

2.2.2 Project Specific Definitions

“Agency” means the Oregon Public Utility Commission

“Device” or “Equipment” means the goods identified in Attachment G.

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“Medicaid Allowable Rate” means the maximum allowable rate for a particular procedure or piece of medical equipment as set by the Oregon Health Plan fee-for-service schedule.

“RSPF” means Residential Service Protection Fund.

“SGD” means Speech Generating Device.

“TDAP” means Telecommunication Devices Access Program.

2.3 OVERVIEW

2.3.1 Project Overview and Background

This opportunity is made possible by chapter 290, Oregon Laws 1987, which requires the PUC to provide specialized telecommunications equipment to persons with disabilities. DAS PS is conducting this RFP and the necessary activities on behalf of PUC.

2.3.2 Purpose

The purpose of this solicitation is to establish one or more Contracts for the purchase and distribution of specialized telecommunications equipment for the Oregon PUC’s Telecommunications Devices Access Program (TDAP) throughout the State of Oregon, as described in the “Section 2, Required Goods, and Services” of the attached sample Contract (Attachment A, Section 1). DAS PS reserves the right to award contracts to multiple suppliers.

In 1987, the Oregon Legislature passed a law that supports the state’s public policy that adequate and affordable residential telephone service be available to all Oregonians. (See chapter 290, Oregon Laws 1987).

Based on that legislation, the Agency implemented and manages three Residential Service Protection Fund (RSPF) programs, including the TDAP, which loans specialized telecommunications equipment and accessories, including SGDs, mounting solutions, and Apple iPads at no cost and with no income restrictions to qualifying Oregonians who have a loss in hearing, vision, speech, mobility, or cognition.

The RSPF programs, including TDAP, are funded by a surcharge applied to the monthly bill of each retail subscriber who has telephone or cellular service with access to the Oregon Telecommunications Relay Service.

The goal of TDAP is to continue providing specialized telecommunications equipment and accessories, including, but not limited to SGDs, mounting solutions, and Apple iPads to qualifying Oregonians. Therefore, developing comprehensive contracts with a multi-vendor/distribution center approach will ensure that the PUC fulfils the objectives set forth in chapter 290, Oregon Laws 1987.

The Proposer(s) selected for award will coordinate shipments of the devices listed in Attachment G and provide shipping, training, labeling, inventory, reporting, returns, and tracking of the devices, shipped to the consumers located throughout the State of Oregon. The Proposer will provide technical support to the Agency and its customers and onsite training to the Agency as required. Proposer will coordinate the return of damaged or defective devices and exchange with a repaired, refurbished, or new device to the consumer.

Attachment G includes all Categories available for device and submission. Proposers have the option to propose on devices in one, multiple, or all of the five (5) Categories. For each

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Category the Proposer selects, the Proposer must provide pricing for all of the devices listed in the selected Category(s).

All entities or individuals who may submit Proposals or who do submit Proposals, or both, in response to this RFP are referred to as “Proposers;” after Proposal evaluations and negotiations are complete, Proposers entering into a project specific contract with PUC will be designated as the “Contractor” in the applicable Contract.

Anticipated Duration and Value of Contracts

DAS PS, estimates that purchases over the initial term of the Contract(s) will vary. The initial term of the Contract(s) awarded will be for four (4) years, with an option to extend for additional terms not to exceed a total contract term of eight (8) years.

This is a competitive RFP process and there is no guarantee the submission of a proposal will result in selection or a contract or that funding will be allocated at the level anticipated. It is anticipated that more than $3,000,000 in projects will be funded through this process. All funding is contingent upon continued funding from legislative appropriation.

Contracts may be awarded and any awarded contract will be in accordance to the evaluation and scored criteria (Section 3.13.3). PUC intends to award contracts that provide specialized telecommunications equipment and accessories, including, but not limited to SGDs, mounting solutions, and Apple iPads.

Contingent upon PUC’s need and Contractor’s performance, PUC reserves the right to amend the Contracts for additional time, services, and compensation. Proposers are advised that the award and potential dollar amount of any Contracts under this RFP are contingent upon approval of adequate funding for PUC’s use under this RFP.

2.4 SCOPE OF WORK

This opportunity is created by chapter 290, Oregon Laws 1987 and with the advice of the Telecommunication Devices Access Program Advisory Committee, the Agency established and administers a statewide program to purchase and distribute specialized telecommunications equipment to qualifying persons who have a loss in hearing, speech, vision, mobility, or cognition.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM REQUIREMENTS

To be considered for evaluation, the Proposal must demonstrate how Proposer meets all requirements of this section. Most of the items identified in the following checklist must be submitted, and failure to submit the items that are marked as Pass/Fail will result in a finding of non-responsiveness. In addition to this submission requirement, an Evaluation Committee will evaluate and score the submissions as identified and provided in Section 4 of this RFP.

PROPOSAL SUBMISSION CHECKLIST FOR USE BY PROPOSERS

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Proposal Format Met (Section 3.2.1) -Pass/FailCorrect Number of Proposals Included (Section 3.2.2) - Pass/FailAuthorized Representative (Section 3.2.3) - Pass/FailProposal Addressed Correctly and Delivered to Correct Location (Section 1.3) - Pass/FailProposer Certification Sheet Included (Section 3.4.1, Attachment C) - Pass/Fail Proposer Information Sheet Included (Section 3.4.2, Attachment D) - Pass/FailAttestation of Compliance with Tax Laws (Section 3.4.3, Attachment E) – Pass/Fail

Submission Deadline Date and Time met (Section 3.5.1) - Pass/Fail Authorized Original Signature Obtained (Section 3.5.2) - Pass/Fail Subcontractor Use (Section 3.6) -Pass/FailFinancial Statement (Section 3.7) - Pass/FailMaterial or Technical Proposal (Section 3.10) - Pass/FailDevice Proposal (Section 3.11, Attachment G) - Pass/FailForms (Section 3.12) - Pass/Fail

THE CHECKLIST ABOVE IS PROVIDED ONLY AS A COURTESY TO PROPOSER. DAS PS MAKES NO REPRESENTATION AS TO THE COMPLETENESS OR ACCURACY OF THIS PROPOSER CHECKLIST. PROPOSER IS SOLELY RESPONSIBLE FOR REVIEWING AND UNDERSTANDING THE RFP AND COMPLYING WITH ALL THE REQUIREMENTS OF THIS RFP, WHETHER LISTED ABOVE OR NOT.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format (PASS/FAIL):

Proposer shall submit its Proposal without extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Proposal. Proposer shall submit both a hard copy (paper) on white 8 ½” x 11” Recycled Paper and an electronic copy on electronic media such as USB drive or CD, (Section 3.2.2).

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

Proposer must describe in detail how they will meet the requirements of this RFP and may provide additional related information with their Proposal. The Proposal must be presented in a format that corresponds to the primary sections (below) with subsections that correspond to and reference the sections contained in this RFP and Attachment A. Responses to each section and subsection must be labeled to indicate which item is being addressed.

Proposals must be organized into the following primary sections in the following order:

Proposer Certification Sheet (Attachment C)

Financial Statement (Section 3.7)

Material and/or Technical Proposal (Section 3.10)

Proposer Information Sheet (Section 3.4.2, Attachment D)

Attestation of Compliance with Tax Laws (Attachment E)

Not required unless awarded, but may be submitted with Proposal

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Reference Questions and Answers Form (Attachment F)

Device Proposal (Section 3.11) (Attachment G)

Affidavit of Trade Secret (Attachment B)Not required unless Proposer believes Proposal is in anyway exempt from disclosure.

Proposals should be straightforward and concise and provide “layman” explanations of technical terms that are used. Proposers should not assume that the Evaluation Committee is knowledgeable of Proposer’s previous related work. Emphasis should be focused on responding to the RFP requirements, on providing a complete and clear description of the Proposal, and conforming to the RFP instructions. If a complete response cannot be provided without referencing supporting documentation, Proposer must provide such documentation with the Proposal indicating where the supplemental information can be found. Proposals that merely offer to provide supplies and services as stated in this RFP may be considered non-responsive and may not be considered for further evaluation.

3.2.2 Quantity of Proposals to be Submitted (PASS/FAIL):

One (1) original Proposal marked “MASTER.”, five (5) hard copies, and one (1) electronic copy in Microsoft Word (Microsoft Excel can be substituted) a searchable PDF version may be submitted in addition too, but a version in Word format is not optional. Submit on a memory stick (USB Drive) or on CD-ROM of the Proposal and all required supporting information and documents must be submitted on or before the Closing Date and Time. Envelopes, packages, or boxes containing the original and the copies should be marked in accordance with subsection 3.2.3. If discrepancies are found between the copies, or between the original and copy or copies, the original “MASTER” will provide the basis of resolving discrepancies. If one document is not clearly marked “MASTER,” DAS PS reserves the right to use the original as the Master. If no document can be identified as an original, Proposer’s Proposal may be rejected at the discretion of DAS PS.

3.2.3 Authorized Representative (PASS/FAIL):

A representative authorized to bind the Proposer shall sign the Proposer Certification Sheet (Attachment C). Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by DAS PS.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFP, including all Addenda and attachments, is published in the Oregon Procurement Information Network (ORPIN) at http://www.orpin.oregon.gov . RFP documents will not be mailed to prospective Proposers.

DAS PS shall advertise all Addenda on 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.

3.3.2 Questions / Requests for Clarification

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http://www.orpin.oregon.gov/


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

Be sent by an authorized representative

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

3.3.3 Pre-Proposal Conference

The State will hold a pre-proposal conference, however, attendance is VOLUNTARY. It will be conducted onsite at DAS PS 1225 Ferry St SE Salem, OR 97301 (Mt Mazama conference room).

DATE TIME LOCATION

October 12, 2016 1:00PM to 3:00PM1225 Ferry St SE Salem, OR 97301 (Mt Mazama conference room; Basement)

The purpose of this conference is to explain the RFP requirements and to answer any questions prospective Proposers may have. Statements made at the pre-Proposal conference are not binding upon DAS PS. Prospective Proposers are cautioned that the official RFP requirements will change only by written Addenda issued by DAS PS as provided in Section 3.3.1.

Solicitation documents will not be provided by DAS PS.

3.3.4 Solicitation Protests

3.3.4.1 Protests to RFP

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

3.3.4.2 Protests to Addenda

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

3.3.4.3 Protests must:

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Be delivered to the SPC 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:

the grounds that demonstrate how the Procurement Process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and

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

respective Addendum

3.3.4.4 Protest Response

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

3.3.5 Proposal Submission Options

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. DAS PS and PUC are not responsible for any delays in mail or by common carriers or by transmission errors, delays, or mistaken delivery. Proposal submitted by any means not authorized will be rejected.

3.3.5.1 Submission through ORPIN

Submission through ORPIN is not allowed for this RFP

3.3.5.2 Submission through Mail or Parcel Carrier

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.

3.3.5.3 Submission in Person

Proposal may be hand delivered, and must be clearly labeled and submitted in a sealed envelope, package, or box. Proposal will be accepted, prior to Closing, during DAS PS normal Monday –Friday business hours of 8:00 am to 3:00 pm Pacific Time, except during State of Oregon holidays and other times when DAS PS 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.

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3.3.5.4 Proposal Modifications

It is the responsibility of the Proposer to ensure that modified Proposals are submitted before the Closing Date and Time. All modifications made to a Proposal before submission must:

Be made in ink and must be properly initialed by Proposer’s authorized representative;

Be clearly marked “Proposal Modification;”

Be clearly marked with “RFP No.”

Include a statement that the modification amends and supersedes the prior offer.

Proposals that contain omissions or improper erasures or irregularities may be rejected.

Any Proposer who wishes to make modifications to a Proposal already received by DAS PS must first withdraw its Proposal in order to make the modification. Withdrawals must be made in accordance with Section 3.3.5.5. The revised Proposal may then be resubmitted in accordance with the provisions of this RFP.

No oral, electronic, telegraphic, or telephonic Proposals or modifications will be considered. Proposals or modifications to a Proposal may NOT be submitted by facsimile.

3.3.5.5 Proposal Withdrawal

If a Proposer wishes to withdraw a submitted Proposal, it must do so prior to the Closing Date and Time, as identified in Section 1.2. The Proposer must submit a written notice to withdraw on Proposer’s letterhead, clearly marked with “Proposal Withdrawal” and RFP No. signed by the authorized representative and submitted to the person identified on the cover sheet of this RFP.

3.3.6 Proposal Due

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

3.3.7 Proposals Rejection

DAS PS 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 has authorized representative sign the Proposal in ink.

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

Proposer makes any contact regarding this RFP with 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 inappropriately influence a member of the Evaluation Committee.

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Proposal is conditioned on DAS PS or PUC’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.

3.3.8 Opening of Proposal

There will be no public Opening of Proposals. 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. However, DAS PS will record and make available the identity of all Proposers after Opening.

3.4 PROPOSAL CONTENT REQUIREMENTS

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

3.4.1 Proposal Certification Sheet (PASS/FAIL):

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

3.4.2 Proposal Information Sheet (PASS/FAIL):

The Proposer shall complete and submit the Proposer Information Sheet (Attachment D).

3.4.3 Attestation of Compliance with Tax Laws (Pass/Fail):

Proposer shall complete and submit the Attestation of Compliance with Tax Laws form (Attachment E). Failure to demonstrate compliance with Oregon Tax Laws may result in a finding of non-responsibility.

3.4.4 Public Record/Confidential or Proprietary Information

Following the award of a Contract or Contracts, all Offers are subject to release as public information unless the response or specific information contained therein is identified as exempt from public disclosure, and actually is exempt from disclosure under the Oregon Public Records Law, ORS 192.410 through ORS 192.505. Offeror is advised to consult with legal counsel regarding disclosure issues.

If an Offeror believes that any portion of an Offer contains any information that is considered a trade secret under ORS 192.501(2) or that Offeror claims is otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.410 through 192.505, each page containing such information must clearly be marked to identify the information for which the exemption is claimed and include the following statement:

“The data marked on this page is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.410 through 192.505.”

Identifying the Offer, in whole, as exempt from disclosure is not acceptable. Offerors are cautioned that cost information submitted in response to a Request for Proposal (RFP) is

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generally not considered a trade secret under Oregon Public Records Law. If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror is deemed to have waived any future claim of non-disclosure of that information.

Pursuant to ORS 279B.060(6)(a) and OAR 125-247-0630, DAS PS’ business practice is to schedule requests for inspection of any RFP file after Offerors have been notified of the intent to award.

3.5 PROPOSAL SUBMISSION REQUIREMENTS (Pass/Fail)

Each Proposal must comply with the Pass/Fail requirements identified in Section 3 of the RFP, which will be evaluated on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in the RFP WILL result in rejection of the Proposal. Evaluators will evaluate and score submissions as identified and provided in Section 3. DAS PS reserves the right to determine which Proposals meet the Proposal Requirements of this RFP.

3.5.1 SUBMITTAL DEADLINE (PASS/FAIL):

Proposals must be submitted before Closing Date and Time as identified on page one (1) of the RFP to be considered. Proposals will NOT be accepted after Closing Date and Time. Late Proposals will be returned to the Proposer. DAS PS reserves the right to extend Closing when it is in the best interest of the State.

3.5.2 AUTHORIZED SIGNATURE (PASS/FAIL):

Every Proposal must be signed by the person or persons legally authorized to bind the Proposer to the Proposal and the contract resulting from this RFP. Upon request by DAS PS, any representative submitting a Proposal on behalf of the Proposer shall provide a current power of attorney or other document certifying the representative’s authority to bind the Proposer. Upon request of DAS PS, a corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Proposal to execute contracts on behalf of the entity.

3.6 SUBCONTRACTOR USE (PASS/FAIL):

Proposers with one or more subcontractors shall provide, with RFP submission, the name of the contact person for each subcontractor. The required experience and qualifications information must include the proposing firm and its subcontractors that comprise the Proposer’s team or the partners as the case may be.

3.7 FINANCIAL STATEMENT/FISCAL STABILITY (PASS/FAIL):

Proposer must include a brief description of Proposer’s experience with, and current strategies for, ensuring that the Proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed contract period. Proposer must document a reserve sufficient to continue operations for at least two (2) months (annual expenses divided by six) if no additional funds were received. DAS PS reserves the right to request additional information at which time it deems necessary. Proposers must demonstrate they meet the responsibility standards provided in ORS 279B.110 and OAR 125-247-0640(1) (F).

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3.8 REFERENCES

Proposer shall send the Reference Check Form (Attachment F) to its references. Reference Questions and Answers forms must be completed by other state equipment distribution programs, school systems, or other government agencies, and sent to the SPC. Reference forms must be received prior to Closing. SPC must receive a minimum of three (3) completed Reference Questions and Answers forms before Closing.

The questions for Proposer’s references to rate the Proposer’s performance set forth in Attachment F are substantially as follows:

1. The Proposer demonstrated compliance with customer requirements;

2. The Proposer has provided your firm with specialized telecommunications equipment for more than 3 years.

3. The Proposer’s customer service representative(s) or Point of Contact was knowledgeable, flexible, and responsive.

4. The Proposer communicated issues and trouble areas early, and managed them well. The Proposer promptly addressed and resolved issues and trouble areas brought to Proposer’s attention.

5. The Proposer was prompt, punctual, and accurate in delivery of products and services.

6. The Proposer collaborated well with you by providing reports, support, and training.

7. The Proposer’s billing was accurate, matching the order and any billing errors were handled in a timely and responsive manner.

8. You would have no issues with hiring this Contractor again.

9. Overall, you were very satisfied with the Proposer’s delivery of customer service, products, and services.

DAS PS or Agency may contact the three (3) references identified by Proposer for clarifying questions regarding past performance of the Proposer with respect to its successful performance of similar projects, compliance with contractual obligations, completion of services on schedule, and any other inquiries related to Proposer’s ability to perform the services.

3.9 ADDITIONAL DESIRABLES (Optional)

Additional bonus points will be awarded if Proposer:

Distributes mounting solutions for SGDs and iPads.

Distributes iPad notification devices.

Is able to store repaired/refurbished goods, including specialized telecommunications equipment, at Proposer’s location.

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3.10 MATERIAL AND/OR TECHNICAL PROPOSAL:

Proposals will be evaluated to determine the extent to which they demonstrate the respective Proposer’s ability to meet material or technical requirements as defined below:

3.10.1 CUSTOMER SERVICE AND TECHNICAL SUPPORT

Describe in detail, how the Proposer conducts customer service and technical support Services for Agency and its customers. The description must include the following:

I. Proposer’s hours and days of operation of the Proposer’s customer service and technical support office.

II. Proposer’s toll free customer service telephone number, technical support and, if available; after hours support telephone number(s).

III. Include copies of any customer service protocols for assuring customers are responded to in a timely manner. Provide a copy of any policies the Proposer currently uses to ensure these protocols are followed.

IV. Customer service delivery for troubleshooting a customer’s specialized telecommunications equipment on an as needed basis. Provide an example of the specifications and troubleshooting information with Proposal.

V. Describe any training provided and methods used to educate and train the technical support staff to possess the technical expertise required to answer questions regarding support services for adaptive equipment.

VI. Group email addresses for all correspondence.

3.10.2 SHIPPING AND SHIPMENT REPORTS

Describe in detail, the Proposer’s shipping procedures and shipment reports, which must include the following:

I. A description of its shipping methods and procedures used to provide the goods and Services to the TDAP Customers and PUC as described in this RFP and in Attachment A, Sample Contract.

II. A description of how it will ensure each shipment includes:

a. PUC provided “Property of PUC” sticker affixed to the base of each device and designated accessories with the exception of iPads;

b. A “Fragile” label affixed to the outside of each shipping carton;

c. The operator’s manual;

d. PUC provided “Conditions of Acceptance Agreement” form;

e. The PUC program newsletter, provided by PUC when available;

f. New batteries, as applicable;

g. All components necessary to make the equipment operable;

h. W-Adapter, as applicable;

i. A “Save the Box” label affixed on the inside of a specially designed box to protect the iPad during drop and shipping, as applicable.

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j. A copy of the PUC provided iPad instruction form with screen snapshots on how to connect to Wi-Fi, as applicable;

k. A copy of the PUC provided iPad introductory letter, as applicable; and

l. A copy of the iPad customer’s assigned Apple ID, password, customer support contact information, including, but not limited to hours of operation, phone and fax number, videophone number, and email address, as applicable.

III. For Devices that do not have a manufacturer’s pre-affixed serial number, describe in detail, how Proposer will ensure a serial number label is assigned and affixed to, or engrave on a designated item or serial numbers to all equipment exceeding $50 in value.

IV. A description of the Proposer’s methods and procedures used to assign, and track serial numbers for each Device including mounting solutions.

V. A description of how Proposer will ensure that equipment is shipped to PUC’s customer within 7 to 10 business days after the initial request from PUC unless PUC provides an exception.

VI. A description of how Proposer will respond to PUC’s initial request for Equipment, including, but not limited to:

1 Date Shipped

2 Device Serial Number

3 Shipper’s Tracking Number

4 End of warranty date, if warranty purchased by PUC

VII. A description of Proposer’s packaging and how it is reasonably easy for customers to open and close. No Devices shall be packaged in molded plastic.

3.10.3 RETURNS AND RETURNS REPORTS

Describe in detail, how Proposer’s return policies work, including two return reports to PUC, description must include the following.

I. A description of how Proposer will respond to PUC’s initial request for Equipment to be returned, which includes the tracking number of the shipper’s return label.

II. A description of how Proposer will notify PUC of Equipment returned, including:

1. Date Equipment Returned

2. Type of Equipment Returned

3. Serial Number of Equipment

4. Condition of Equipment upon receipt by Proposer

5. Whether returned equipment is under warranty

6. Status of Returned Equipment (i.e., repaired, refurbished, or e-waste)

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Proposer shall describe how it will ensure that it sends a return label at no cost to the PUC’s customer within 7 to 10 business days after the initial request from the PUC.

3.10.4 EQUIPMENT MANAGEMENT, TRACKING AND INVENTORY CONTROL

Describe in detail, how Proposer’s will manage, and track equipment. Proposer will describe in detail its inventory control methods. The description must include the following:

I. A description of Proposer’s equipment inventory control standards, including the software or hardware applications used for ordering and tracking overall Equipment, internal audits and quality assurance of Equipment inventory and its contingency plan for acts of nature or terrorism.

II. A description of Proposer’s methods for managing and tracking shipments and warranties, including new, repaired, and refurbished Agency equipment at Proposer’s location(s).

III. A description of Proposer’s monthly electronic reporting capabilities, which all equipment must include the following at a minimum:

a. The type, quantity, and serial number or Asset Tag Number, if serial number is not available, of any PUC owned Equipment stored at the Proposer’s location(s).

3.10.5 INVOICING

Describe in detail, the Proposer’s invoicing process. The description must include the following:

I. An example of the Proposer's invoice for equipment purchases the invoice must include at a minimum: the date equipment was ordered, date shipped, equipment serial numbers, equipment model type, unit cost, and shipping (e.g., FedEx, UPS, etcetera) signature confirmation page. Invoices shall be submitted monthly and electronically to the PUC and shall not be password protected.

II. A description of the Proposer's process for resolving billing errors on accounts and Proposer’s turn-around-time for correcting these billing errors.

III. A description of how the Proposer shall issue credits and/or checks for any charges incorrectly invoiced to the State and for which, the State had remitted a payment.

IV. A description of how the Proposer shall take a proactive approach on ensuring the accuracy of the charges invoiced to the State.

V. A description of the type of electronic invoicing available, if any, at no additional cost to the State.

3.10.6 WARRANTIES

Describe in detail, the Proposer’s warranty and extended warranty options for the equipment proposed. The description must include the following:

I. The manufacturer's standard warranty.

II. A description of how the Proposer will track, report and manage the equipment under warranty.

III. A sample equipment warranty tracking report.

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IV. A description of any extended warranty options available, what is included or excluded in comparison to the manufacturers' standard warranty.

V. A description of any policy relating to repairs for equipment no longer under warranty.

VI. A description of the procedure for refurbishing out of warranty equipment to "like new condition".

3.10.7 iPAD REPORT

Describe in detail, Proposer’s monthly electronic iPad report, which includes, but is not limited to the following:

a. Whether iPad is still within the state of Oregon boundaries;b. Whether iPad is being actively used by the Customer (i.e., most recent date

and time the iPad was used by the Customer on a Wi-Fi network);c. Customer’s First and Last Name or Customer’s TDAP assigned identification

number;d. Assigned Asset Tag Number of Customer’s iPad;e. Current Operating System and Model of the Customer’s iPad;f. Customer’s Apple ID as assigned by Proposer

Note: Through public notice DASPS-2292-14 and approved Special Procurement SS-460-14 PUC obtained Sole Source approval to purchase Apple equipment, software, applications, and support as a package(s) through a current Telecommunication Devices Access Program supplier for the citizens of Oregon who have a loss in hearing, speech, vision, mobility, or cognition. The current supplier is an authorized reseller of Apple products. Additional information for this Sole Source Notice may be accessed through the "Attachments Exist" of the Notice DASPS-2292-14.

3.10.8 TRAINING

Describe Proposer’s training by including the following.

I. At a minimum, the Proposer shall provide training to PUC and its Customers on the initial set up, use and troubleshooting of the Device by telephone, videophone or other video telephony products or software unless PUC provides an exception, webchat, or email.

II. Proposer shall describe their training capabilities and any other training to be included in the Contract.

III. PUC may request Proposer to provide annual onsite training to PUC and its Customers at Proposer’s expense. Describe in detail what additional types of training are available to PUC.

IV. Describe any equipment training in CD, DVD, Thumb drive, Microsoft Word, Adobe PDF, or by reference to a URL, provided by the manufacturer with the Equipment.

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3.10.9 KEY PERSONS

Proposers shall submit on the provided Attachment D the following information: contact name, work phone number, and work group email address (for all correspondence) of all Key People that will be assigned to the project. Proposer shall list Key People in descending order, starting with the key person with the highest qualifications; number one (1) Key Person. Proposer must provide the information as described below for the two (2) most qualified Key Persons responsible for assuring the Services provided under the Contract are performed.

In addition to submitting Attachment D, Proposers shall submit the following information:

a) KEY PERSON QUALIFICATIONS

1. Provide a Description of the two (2) most qualified Key Person’s qualifications to deliver the Services required in the RFP and Attachment A. To include, but not limited to:

i. Years and general subjects of education and training; and

ii. Credentials, such as degrees, licenses, and certifications.

b) KEY PERSON EXPERIENCE

1. Provide a Description of the two (2) most qualified Key Person’s work experience to deliver the Services required in the RFP and Attachment A. To include, but not limited to:

i. Years of work experience, job title, and employer; and

ii. How the work experience prepares the individual to provide the proposed services.

Evaluation Committee will evaluate the submitted descriptions of how the skills and experience of the two (2) most qualified key will contribute to the effective management and delivery of the Goods and Services described in the Proposer’s Proposal.

3.10.10 PROPOSER’S COMPANY PROFILE/BACKGROUND

Proposer must provide a detailed company profile; information provided will include, but is not limited to:

I. Proposer ownership. If incorporated, the State in which the Proposer is incorporated and the date of the incorporation.

II. Location of the Proposer’s offices.

III. Location of the office to service the State of Oregon account.

IV. Proposer’s background/history and how Proposer is qualified to provide the goods and services described in this RFP.

V. Length of time Proposer has been providing goods and services described in this RFP. Please provide a brief narrative.

VI. Full legal name, including any and all Proposer’s names previously used.

VII. Year business started, if different from date of incorporation.

VIII. State and location of Proposer’s headquarters.

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IX. Is Proposer involved in any litigation where an adverse decision may result in a material change to Proposer’s financial position or future viability? If yes, please describe the general circumstances and status of the litigation.

3.11 DEVICE PROPOSAL

I. Proposer shall submit a device proposal using the form attached hereto as Attachment G.

II. Using Attachment G, Proposers must select each Category(s) they are proposing and submit a listing of all Equipment, extended warranty, repairs, parts, and refurbishment in the selected Category(s).

III. Device proposals must include all shipping, labeling, manufacturer’s standard warranty, technical support, and all other costs associated with the requirements stated herein and at Attachment A Sample Contract, as applicable.

IV. Category 1 - Specialized Telecommunications Equipment and Accessories

V. Category 2 – Captioned Telephones

a. Captioned Telephones must be programmed to default to “off” when not in use.

b. Proposer shall not allow roaming unless approved in writing by PUC.

c. Describe the volume and tone capabilities of the captioned telephone device, and specify whether it works both with or without captions.

VI. Category 3 – Speech Generating Devices

VII. Category 4 - Mounting Solutions

VIII. Category 5 – Apple iPads

a. Proposer shall recommend a preloaded standard application package that applies to all disability groups (i.e., hearing, vision, speech, mobility, and cognition). The standard application package must include telecommunications or related applications (e.g., relay, etc.). In addition, the Proposer shall recommend speech-generating applications for those with speech disabilities in addition to the standard application package. Proposer may also recommend emergency and weather related applications as part of the standard application package.

b. iPads must be fitted with water and shock resistant case.

c. iPads must be laser etched with the Agency’s name, logo, and asset tag number in addition to other information as requested by Agency.

d. Agency may request that the “voiceover” feature be activated on the iPad prior to shipment to a customer with a vision loss.

e. Upon Agency request, iPads shall be customized to

i. Block the ability to make purchases from the Apple Store and related programs (e.g., iTunes),

ii. Limit access to the Internet by blocking unlawful and adult content,

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iii. Be locked down (“bricked”) into single application mode rendering the iPad useless if customer violates Agency’s “Conditions of Acceptance and Agreement for TDAP iPads”, and

iv. Push and remove applications remotely.

IX. If Proposer proposes SGDs included in the Oregon Health Plan fee-for-service schedule, Proposer is hereby notified that any future Cost Proposal for such SGD’s shall not exceed the Medicaid Allowable Rate.

X. DAS PS or Agency reserves the right to verify if Proposer is an authorized representative, distributor, or manufacturer for all of the Devices for each selected Category(s) in which Proposer is proposing.

XI. Using Attachment G, Proposer shall confirm the following, unless otherwise noted as N/A, for;

a. Each Device listed in the Category(s) selected. The Device must include all shipping labeling, manufacturer’s standard warranty, technical support, and all other requirements stated herein and at Attachment A, Sample Contract.

b. Each extended warranty period listed. Extended warranty shall include all parts and labor and all shipping and handling to and from the repair facility.

c. All post warranty repairs. Shall include all shipping and handling costs to and from the repair facility and all parts.

d. Refurbishment of devices. Includes all shipping and handling to and from the repair facility and all parts and labor associated with the refurbishment.

XII. The Proposer shall not depend on any particular volume of orders and DAS PS and PUC makes no guarantee of any volume of orders.

XIII. DAS PS reserves the right to award multiple Categories to one Proposer.

XIV. DAS PS reserves the right to delete Categories from the RFP prior to award.

Proposer shall utilize Attachment G when submitting the Device Proposal(s).

3.12 FORMS (Pass/Fail):

Proposals must be submitted on the preprinted forms (when applicable), supplied by DAS PS as Attachments to the RFP, which are incorporated by reference into this RFP and the resulting Contract(s) as Attachments.

3.13 EVALUATION PROCESS

3.13.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. If the Proposal is unclear, DAS PS may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If DAS PS finds the Proposal non-Responsive, the Proposal may be rejected, however, DAS PS may waive mistakes in accordance with OAR 125-247-0260.

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

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3.13.2 Evaluation Criteria

Proposals will be evaluated, based upon Proposer’s description of the requirements that are specified in this RFP.

The Evaluation Committee shall evaluate Proposals in accordance with the evaluation procedures set forth in OAR 125-247-0600 through 125-247-670, ORS 279A and ORS 279B. Proposals received on time will be reviewed against the pass/fail Proposal Submission Requirements identified in Section 3. Proposals meeting those criteria will be forwarded to an Evaluation Committee that will independently review, score, and rank Proposals according to the Scored Criteria set forth in Section 3.13.3.

The outcome of the Evaluation process may, at the PUC’s sole discretion, result in:

Notice to Proposer(s) of selection or rejection for inclusion in the Competitive Range;

Further steps to gather additional information for evaluation, (e.g. checking references, notice of placement on an interview list, requesting clarification); or

Cancellation of the RFP and either re-issuance of the RFP in the same or revised form or no further action by PUC with respect to the RFP.

DAS PS reserves the right to reject any or all Proposals in whole or in part and reserves the right to cancel this RFP or procurement at any time when the rejection or cancellation is in the best interest of the PUC as determined by DAS PS. As such, DAS PS is not liable to any Proposer for any loss or expense caused by or resulting from the rejection or cancellation of a solicitation, proposal, or award. All Proposals will become part of the public file without obligation to DAS PS or PUC.

3.13.3 Scored Criteria

Proposal sections 3.9, 3.10 and 3.11 will be evaluated and then a score assigned by each member of the Evaluation Committee. The evaluation and score will be based upon Proposer’s description of the requirements that are specified in this RFP as related to the subsections below.

3.13.3.1 Bonus Points – Desirables: 5 points each, 15 total possible

For Proposers to receive bonus points, for meeting the requirements of the desirable features section (Section 3.9) above, they must provide:

i. A statement that Proposer will distribute mounting solutions for SGDs and iPads.

ii. A statement that Proposer will distribute iPad notification devices.

iii. A statement that Proposer will store repaired and refurbished goods, including specialized telecommunications equipment, at Proposer’s location (s).

3.13.3.2 Management/ Technical Proposal - Maximum Points Available: 750

Customer service, training, and technical support: Demonstration of Proposer’s personnel skills, knowledge, and expertise to provide customer service, technical support, and training required to provide the goods and services as specified this RFP and as stated in Attachment A, Sample Contract.

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Equipment shipping, tracking, returns, reporting and inventory control: Demonstration of Proposer’s methods and procedures in shipping, tracking, reporting and maintaining inventory of the equipment as specified in this RFP and as stated in Attachment A, Sample Contract.

Invoicing, records retention and warranty: Demonstration of Proposer’s methods and procedures in: generating accurate invoices and resolution of billing errors, maintaining the confidentiality and privacy of all customers’ records, and tracking, managing and reporting capabilities of the equipment covered under warranty.

Security Measures: Each Contractor shall be required to maintain all Customers’ records as private and confidential, and each Contractor shall use Customer information solely to perform its obligations under the Contract and shall not collect, disclose or sell Customer information or use it for any other purpose. Proposer shall describe in detail how it shall maintain all customers’ records as private and confidential, and otherwise comply with the provisions of the Contract related to the privacy and security of Agency and Customer information.

3.13.3.3 KEY PERSONS – Maximum Score: 100 points

Proposals will be evaluated and scored based upon the extent to which Proposer’s Key Persons possess adequate qualifications, experience, expertise, training and capabilities to deliver the goods and services as required in this RFP and at Attachment A, Sample Contract.

3.13.3.4 COMPANY PROFILE/BACKGROUND – Maximum score: 150

Company Profile reflects the Proposer’s present experience, qualifications, and resources to provide the goods and services in this RFP. In addition to having the capacity to consistently, provide such services as required in the RFP and the resulting Contract over the life of the Contract.

3.13.3.5 EVALUATION SUMMARY

The following is a summary of the scored evaluation criteria with the maximum possible point values assigned to each.

SCORED CRITERIA Maximum Score

BONUS POINTS 15MANAGEMENT / TECHNICAL PROPOSAL 750KEY PERSONS 100COMPANY PROFILE 150PROPOSAL TOTAL POINTS 1015

3.14 RANKING OF PROPOSALS

The Evaluation Committee will award points for each responsive Proposal. The Proposal points (if any), the Reference points (if any) and Company Profile points (if any) will be added together to compute an initial score for each Category. DAS PS will use the initial score of each Category to rank the Proposals.

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3.15 COMPETITIVE RANGE AND COST PROPOSALS

3.15.1 Establish Competitive Range.

Following the evaluation of the Proposals DAS PS will establish rank the Proposals and establish a Competitive Range that consists of each of the Proposers submitting a Responsive Proposal with respect to at least one Category. DAS will provide written notice of the Proposers in the Competitive Range for each Category in accordance with Section 3.3.1.

3.15.2 Addendum for Cost Proposals

Simultaneous with DAS PS’ notice of the Competitive Range, DAS will issue an Addendum (the “Second Round Addendum”) that sets forth the form, content, due date and other matters related to Proposer’s submission of Cost Proposals and any additional items as determined by DAS PS, as well as any additional evaluation criteria and scoring to be used by DAS PS in the evaluation of Proposers’ responses to the Second Round Addendum. Proposers in the Competitive Range may protest the Second Round Addendum as set forth in Section 3.3.4.2.

3.15.3 Submission of Second Round Proposals

Proposers must submit responses, including Cost Proposals, to the Second Round Addendum in the form and by the date set forth in the Second Round Addendum. DAS PS may designate the Proposal of any Proposer that fails to do so as Non Responsive.

3.15.4 Evaluation and Ranking of Second Round Proposals

DAS PS will evaluate the Second Round Proposals in accordance with this RFP and the Second Round Addendum. Following DAS’ completion of such Evaluations DAS will determine the score for each Proposer for each Category for which it proposed by adding the points earned by the Proposer in the first round of the evaluation process to its Second Round score as determined in accordance with the Second Round Addendum. For the avoidance of doubt, each Proposer will have a score made up of those two elements for each Category for which it proposed.

DAS will rank the Proposers in each Category based on the scoring method set forth in the previous paragraph and either proceed to issuing Notice(s) of Intent to Award as set forth in Section 4.1 or DAS PS or PUC 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:

Presentations/Demonstrations/Additional Submittal Items

Interviews

Best and Final Offers

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3.16 PREFERENCES

3.16.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, DAS PS 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 Offeror of the Proposer’s state.

3.16.2 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least 1 Proposer does not, DAS PS 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.

3.16.3 Tiebreakers

Oregon Supplies: If DAS PS receives Proposals identical in price, fitness, availability, and quality and chooses to award a Contract, PUC shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.17 REVIEW AND NOTIFICATION

DAS PS will review the Evaluation Committee recommendation and will notify the apparent successful Proposers of selection for tentative Contract award. Identification of the apparent successful Proposer is procedural only and creates no right in the named Proposer to award of the Contract.

DAS PS and PUC will only negotiate the terms listed in Section 4.3 with the highest ranked Proposer. If negotiations are not successful, DAS PS may terminate negotiations with the highest ranked Proposer and begin negotiations with the next highest ranked Proposer.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

DAS PS, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) in each Category based upon the scoring methodology and process described in Section 3. DAS PS may award less than the full Scope defined in this RFP.

DAS PS reserves the right to award multiple Categories to one Proposer.

DAS PS reserves the right to award multiple Contracts to one or more Proposers for Devices within a selected Category if, after evaluating all valid Proposals, DAS PS determines an award to two or more Proposers in a Category would be the most Advantageous to the state.

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4.1.2 Intent to Award Notice

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

4.1.3 Protest Submission

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

A Proposer is an Affected Offeror only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All higher ranked Proposals are non-Responsive. State has failed to conduct an evaluation of Proposals in accordance with the criteria

or process described in the RFP. State abused its discretion in rejecting the protestor’s Proposal as non-Responsive State’s evaluation of Proposals or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

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

4.1.3.1 Protests must:

o Be delivered to the SPC via hard copy

o Reference the RFP number

o Identify prospective Proposer’s name and contact information

o Be signed by an authorized representative

o Specify the grounds for the protest

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

4.1.4 Response to Protest

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

4.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.2.1 Insurance

The apparent successful Proposer (s) will have seven (7) days from letter of intent to award to secure and demonstrate to DAS PS proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated.

Failure to demonstrate coverage may result in DAS PS 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 (Section 5 of Attachment A) prior to Proposal submission.

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4.2.2 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 DAS PS (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.

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

4.2.3 Pay Equity Certificate

As required by ORS 279B.110(2)(f) (2015 Oregon Laws, chapter 454, section 3(2)(f)), prior to execution of the Contract, the apparent successful [Bidder/Proposer] must submit to Agency a true and correct copy of an unexpired certificate, issued to the Proposer by the Oregon Department of Administrative Services under 2015 Oregon Laws, chapter 454, section 2. This requirement applies only to Proposers that employ 50 or more full-time workers and only if the Contract has an estimated contract price that exceeds $500,000.

4.2.4 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 Contract execution. The selected Proposer shall submit a current Oregon Secretary of State Business registry number or an explanation if not applicable within ten (10) business days from intent to award.

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 Rules. The titles in this are available at the following Internet site: http://www.filinginoregon.com/index.htm.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

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 reserved for negotiation. Proposer should review the attached Sample Contract. The State intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). DAS PS will negotiate the terms of the final contract but will not accept any material change to the allocation of risks as established by the Sample Contract attached to this RFP as Attachment A.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

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


Constitutional requirements Contractual requirements that are required by law and any other provisions

required by Federal or State law

In the event that the parties have not reached mutually agreeable terms within fifteen (15) calendar days, State may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 COBID PARTICIPATION

Pursuant to ORS Chapter 200, and as a matter of commitment, the State encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. The State also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises.

5.2 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.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of PUC. 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 an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

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

Pursuant to ORS 279B.100, DAS PS and PUC 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, as determined by DAS PS and PUC. The State is not liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

5.5 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, or costs to participate in demonstrations.

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5.6 STATEWIDE E-WASTE/RECOVERY POLICY

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recover Policy effective January 1, 2007 (ORS 459A).

5.7 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)

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ATTACHMENT A - Sample Contract

[Place Holder for Sample Contract]

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ATTACHMENT B – Affidavit Of Trade Secret____________________ (Affiant), being first duly sworn under oath, and representing [insert Proposer Name] (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the “Proposal”), to the State of Oregon (State) in response to Request for Proposals [insert number], for [insert brief description of the goods and/or services sought in the RFP] and I am familiar with the contents of the RFP and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.410 through 192.505, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Attachment G is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

i. is not patented,ii. is known only to certain individuals within the Proposer’s organization and that is used

in a business the Proposer conducts, iii. has actual or potential commercial value, and iv. gives its user an opportunity to obtain a business advantage over competitors who do

not know or use it.

or

B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in Attachment G may depend on official or judicial determinations made in accordance with the Public Records Law.

________________________________________________Affiant’s SignatureState of ___________) ) ss:County of ________)Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).________________________________________________Notary Public for the State of _________________

My Commission Expires: _____________

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ATTACHMENT C- Proposer Certification Sheet1. Proposer understands and accepts the requirements of this RFP. By Proposal submission, Proposer

agrees to be bound by the Contract terms and conditions in Attachment A and as modified by Addenda, except for those terms and conditions that Agency has reserved for negotiation in the RFP.

2. Proposer acknowledges receipt of any and all Addenda to this RFP.

3. Proposal is FIRM for 180 days following the Closing.

4. If awarded a Contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract or Work Order Contract.

5. Under penalty of perjury, Proposer certifies that Proposer is aware of and complies with the requirements found in OAR 125-246-0330. Upon request of Agency, Proposer shall provide supporting documentation.

6. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation, or national origin. Nor has Proposer or will Proposer discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is:

a minority, women or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned or controlled by or that employs a disabled veteran, as

defined in ORS 408.225

7. Proposer and its employees and agents are not included on the list titled “Specially Designated Nationals and Blocked Persons” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at: http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf.Proposer certifies that, to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the RFP. Proposer shall provide prompt written notification to the State of any change occurring with respect to Proposer’s business or interests which is reasonably likely to result in (or has resulted in) an actual or potential conflict between the business or economic interests of the Proposer and those of the State, arising out of, or relating in any way to, the subject matter of the RFP

In its notice, Proposer will describe the nature of such actual or potential conflict of interest or remuneration in question in reasonable detail.

8. Proposer certifies that all contents of the Proposal (including any other forms or documentation, if required under this RFP) and this Proposal Certification Sheet are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.

9. Proposer understands that any statement or representation it makes, in response to this RFP, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

10. Proposer acknowledges these certifications are in addition to any certifications required in the Contract and Required Goods, and Services in Attachment A, Section 2 at the time of Contract execution.

_______________________________________________________ ________________________Authorized Signature Date

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http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf


______________________________________________________(Print Name and Title)

ATTACHMENT D - Proposer Information Sheet

Contact Person for Questions / Contract Negotiations

Name:

Title:

Address:

Phone:

Email Address:

Proposer Information

Company Type (sole proprietor,

partnership, etc.):

Legal Entity Name:

State of incorporation:

Date of incorporation:

Federal Tax ID number:

Secretary of State Oregon Business Registry Number

(if applicable):

Disputes/Litigation

Within the past 5 years, has Proposer been a party to a dispute with any customer in an administrative or civil judicial proceeding relative to the

scope of this RFP? If yes, please explain on a separate sheet:

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ATTACHMENT E –Attestation of Compliance with Tax Laws

____________________ (Affiant), being first duly sworn under oath, and representing [insert legal name of firm] (hereafter “Offeror”), hereby deposes and swears or affirms under penalty of perjury that:

I am an authorized agent of the Offeror, and I have full authority from the Offeror to submit this affidavit and accept the responsibilities stated herein.

I have knowledge regarding Offeror’s payment of taxes, and to the best of my knowledge, Offeror is not in violation of any Oregon tax laws, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

Offeror shall provide written notice to Agency within two business days of any change to the Offeror’s status of tax law compliance.

________________________________________________

Affiant’s Signature

State of __________)

) ss:

County of ________)

Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

________________________________________________

Notary Public for the State of _________________

My Commission Expires: ____________________

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ATTACHMENT F - Reference

Questions & Answers

RFP DASPS-2127-16

TELECOMMUNICATION DEVICES ACCESS PROGRAM

Reference Business Name: Date:

Reference Contact Name:

Please circle all that apply:

1. Did the Proposer demonstrate compliance with your requirements?

Yes Somewhat No

Comments:

2. Did the Proposer provide your firm with specialized telecommunications equipment for more than 3 years?

Yes Somewhat No

Comments:

3. Was the Proposer’s customer service representative(s) or Point of Contact(s) knowledgeable, flexible, and responsive to your needs?

Yes Somewhat No

Comments:

4. Did Proposer communicate issues and trouble areas early, and manage them well? Did the Proposer promptly address and resolve issues and trouble areas brought to Proposer’s attention?

Yes Somewhat No

Comments:

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5. Was Proposer prompt, punctual, and accurate in delivery of goods and services?

Yes Somewhat No

Comments:

6. Did Proposer collaborate well with you by providing reports, support, and training?

Yes Somewhat No

Comments:

7. Was Proposer’s billing accurate, matching the order and were any billing errors handled in a timely and responsive manner?

Yes Somewhat No

Comments:

8. Would you have issues with hiring this Contractor again?

Yes Maybe No

Comments:

9. Overall, were you very satisfied with the Proposer’s delivery of customer service, products, and services?

Yes Somewhat No

Comments:

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ATTACHMENT G - Device Proposal Form

(Must be completed by Proposer)

Proposer will provide the Goods and Services in the categories marked below, as identified in the RFP at Section 1.1 and this Attachment G:

Category 1 Category 2 Category 3 Category 4 Category 5

PROPOSER MUST MARK AT LEAST ONE OF THE BOXES ABOVE (double click box, value - checked)

DEVICE PROPOSAL. Proposer shall provide descriptions of the Equipment proposed in this Attachment G, and shall also include a description of manufacturer’s standard warranty, the availability of extended warranties and technical support, and the availability of post-warranty repair and refurbishment.

The Categories are as follows:

Category No. 1: Specialized Telecommunications Equipment and Accessories (and all related Services).

Category No. 2: Captioned Telephones (and all related Services).

Category No. 3: Speech Generating Devices (and all related Services).

Category No. 4: Mounting Solutions (and all related Services)

Category No. 5: Apple iPads (and all related Services)

Failure to submit a completed Device Proposal will result in the Proposal being determined Non-Responsive.

DEVICE PROPOSAL (EXAMPLE FOR EVALUATION PURPOSES)

(Add or Subtract lines as needed)

Category 1 - Specialized Telecommunications Equipment & Accessories

Model # and Description

Description of 1 year

Warranty; Includes

parts, shipping and

handling costs

Description of available Extended

Warranty for the 1st and additional Years; Includes

shipping, handling, parts,

and refurbishment

Description of Post Warranty

Repair ; Includes parts, shipping and handling to

and from the repair center


Refurbishment; Includes parts, shipping and

handling to and from the

refurbishment center

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Category 2 - Captioned Telephones



Warranty; Includes

parts, shipping and

handling costs


Warranty for the 1st and additional

Years; Includes shipping,

handling, parts, and

refurbishment








Category 3 - Speech Generating Devices



Warranty; Includes

parts, shipping and

handling costs





refurbishment








Category 4 - Mounting Solutions



Warranty; Includes

parts, shipping and

handling costs





refurbishment








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Category 5 - Apple iPads



Warranty; Includes

parts, shipping and

handling costs





refurbishment








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