Printing Services - Oregon Revised Statutes, Oregon Laws and Related Publications

Printing Services - Oregon Revised Statutes, Oregon Laws and Related Publications Printing services for Oregon Revised Statutes, Oregon Laws and related publications Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 1 of 58 State of Oregon The Office of the Legislative Counsel Issues the Following REQUEST FOR PROPOSALS (RFP) RFP Number 2025-1 Printing Oregon Revised Statutes, Oregon Laws and Associated Publications Date of Issuance: August 13, 2025 Proposals Due Date: September 3, 2025 Issuing Office: Office of the Legislative Counsel Point of Contact (POC): Primary: Shelley Osborne Secondary: Dexter Johnson Address: 900 Court Street NE S-101 Salem Oregon 97301 Phone (voice): (503) 986-1243 Phone (fax): (503) 373-1043 Email: lc.contracts@oregonlegislature.gov Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 2 of 58 Table of Contents Section 1: Purpose and General Information 1.1 Introduction........................................................................................................................... 3 1.2 Schedule ............................................................................................................................ 3-4 1.3 Definitions .............................................................................................................................. 4 1.4 Scope of Work .................................................................................................................. 4-5 1.5 Point of Contact ................................................................................................................... 6 1.6 Notice of Intent to Submit a Proposal ................................................................................ 6 Section 2: Proposal Requirements 2.1 Administrative Proposal Requirements ............................................................................. 7 2.2 Minimum Proposal Requirements ..................................................................................... 7 2.3 Technical Proposal Requirements................................................................................... 7-8 2.4 Price Proposal Requirements .......................................................................................... 8-9 Section 3: Solicitation Process 3.1 Procurement Authority and Method ................................................................................. 9 3.2 OregonBuys ..................................................................................................................... 9-10 3.3 Questions About, Modifications to and Protests of Solicitation Documents ........... 10-12 3.4 Proposal Submission .......................................................................................................... 12 3.5 Proposal Withdrawal ......................................................................................................... 12 3.6 Proposal Opening ............................................................................................................... 12 3.7 Evaluation and Award ....................................................................................................... 12 3.8 Public Information, Confidentiality and Trade Secrets ........................................... 12-13 3.9 Cost of Preparing Proposals ............................................................................................. 13 3.10 Reservation of Agency Rights ........................................................................................... 13 3.11 Contract Form .............................................................................................................. 13-14 3.12 Contractual or Financial Obligation ................................................................................. 14 Section 4: Evaluation and Award 4.1 Evaluation Process .............................................................................................................. 14 4.2 Evaluation of Minimum Requirements (Pass/Fail) ......................................................... 14 4.3 Evaluation of Technical Proposals (Scored) ............................................................... 14-15 4.4 Evaluation, Scoring and Ranking of Price Proposals ................................................. 15-16 4.5 Reference Checks for the Proposer’s Company (Scored) ............................................... 16 4.6 Ranking Proposals ........................................................................................................ 16-17 4.7 Award Notification and Process .................................................................................. 17-19 Section 5: Appendices Appendix A: Proposal Cover Sheet ...................................................................................... 20-23 Appendix B: Contract Sample (Includes Statement of Work and Deposit Agreement) . 24-55 Appendix C: Notice of Intent to Submit a Proposal .................................................................. 56 Appendix D: Price Proposal Form ......................................................................................... 57-58 Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 3 of 58 Section 1: Purpose and General Information 1.1 Introduction 1.1.1 Overview, Objective, and Background. Each biennium the Office of the Legislative Counsel is required by Oregon state law to compile and publish the official edition of the Oregon Revised Statutes (ORS), the statute laws of the State of Oregon. ORS 171.275 also requires the Legislative Counsel each biennium to solicit a contractor’s services to print the ORS. The official edition of the ORS consists of 22 perfect-bound printed volumes. In addition, ORS 171.236 requires the Office of the Legislative Counsel to publish the laws enacted by the Legislative Assembly. Each biennium Legislative Counsel publishes a set of three case-bound volumes known as the Oregon Laws. The objective of this request for proposals is to obtain the services of a qualified printer to print the required quantity of printed volumes with the quality specified in this request for proposals and to deliver the printed volumes within the deadlines specified. The Legislative Counsel will award a single contract for the printing of specified quantities of the 22-volume set of ORS, two single-volume perfect-bound associated publications, a set of 19 attachable insert pages and the set of three case-bound volumes of Oregon Laws. 1.1.2 Contract Term. The Legislative Counsel anticipates that the Contract will start October 3, 2025, and continue for fourteen months until the Contract terminates on December 31, 2026. 1.1.3 Method of Compensation. The contract payment method will be three payments tied to specific deliverables. The total of the three payments will not exceed a maximum not-to-exceed contract price. 1.1.4 Approximate Value. The anticipated value of the Supplies and Services described in this RFP is estimated to be in the range of $350,000-400000. 1.2 Schedule Event Date RFP Issuance August 13, 2025 (Wed.) Notice of Intent to Submit Proposal August 20, 2025 (Wed.), by 5:00 p.m. Submission of Written Questions August 21, 2025 (Thurs.), by 5:00 p.m. Due Date for RFP Protests August 21, 2025 (Thurs.), by 5:00 p.m. Answers to Questions (approx.) August 22, 2025 (Fri.) RFP Closing September 3, 2025 (Wed.), at 5:00 p.m. Opening of Proposals September 4, 2025 (Thurs.), at (time TBD) Evaluation of Proposals (approx.) September 4 to September 9, 2025 (Thurs.-Tues.) Notice of Intent to Award September 10, 2025 (Wed.) Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 4 of 58 Due Date for Award Protests September 17, 2025 (Wed.), by 5:00 p.m. Award Notification September 23, 2025 (Tues.) Completion of negotiations (approx.) September 26, 2025 (Fri.) Contract Award (approx.) October 1, 2025(Wed.) Contract Start October 3, 2025 (Fri.) 1.3 Definitions For general definitions, see OAR 137-046-0110, which is incorporated by reference herein. 1.3.1 “Agency” means the State of Oregon acting by and through the Office of the Legislative Counsel under ORS 173.130. 1.3.2 “Oregon Laws” means the three-volume set of case-bound books that are the permanent record of the Acts of each Oregon Legislative Assembly printed, bound and distributed in accordance with the specifications set forth in this RFP. 1.3.3 “Oregon Laws Softbound” means the one-volume softbound book that is the permanent record of the Acts of the short session of the Oregon Legislative Assembly that is printed, bound and distributed in accordance with the specifications set forth in this RFP. 1.3.4 “Oregon Revised Statutes” means the 22-volume set, 2026 Oregon Laws Softbound and 2026 Annotations Supplement or individual volumes of the statute laws of the State of Oregon printed, bound and distributed in accordance with the specifications set forth in this RFP. 1.3.5 “RFP” means this Request for Proposals. 1.3.6 “Scope of Work” means the general character of the Supplies and Services, the work’s purpose and objectives, and Agency’s expectations. Examples of expectations include, if applicable, a description of the purchase, specifications, tasks (obligations), deliverables, delivery or performance schedule, and acceptance requirements. Agency intends the Scope of Work to help the prospective proposers develop Proposals. 1.3.7 “Statement of Work” means the specific provisions in the final Contract which set forth and define in detail the agreed-upon objectives, expectations, performance standards, and other obligations. The Statement of Work is appended as Attachment 1 to the Contract, which is appended to this RFP as Appendix B. 1.4 Scope of Work The Scope of Work for this procurement consists of four elements: 1.4.1 Printing, binding, packaging and delivering approximately 905 22-volume sets of perfect-bound 8½” by 11” volumes and approximately 2,287 additional single volumes of the 2025 edition of the Oregon Revised Statutes. Contractor shall perfect- bind each volume of the Oregon Revised Statutes with appropriate white cover stock Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 5 of 58 that is printed with one color of ink and film laminated and shall shrink-wrap each volume individually. Contractor shall separately print and shrink-wrap an instruction sheet on top of each copy of Volume 1. Contractor shall package volume sets in cartons that contain text that Agency provides. Contractor shall deliver approximately 500 Oregon Revised Statutes sets directly to customers from a distribution list and with a FedEx account number that Agency provides and deliver the remaining sets and single volumes to Agency at Agency’s warehouse in Salem, Oregon. Agency shall transmit electronic files to Contractor in accordance with a mutually agreed schedule in November and December 2025. Contractor shall deliver all volume sets and individual volumes within four weeks after receiving the last transmission of electronic files from Agency. 1.4.2 Printing, binding, packaging and delivering approximately 930 perfect-bound 8 ½” by 11” volumes of the 2026 Oregon Laws Softbound supplement and approximately 905 shrink-wrapped sets of 19 attachable insert pages in late spring 2026. Contractor shall individually bind and shrink-wrap all volumes with appropriate text and with cover stock that Contractor prints and film laminates with the same color and color density as the Oregon Revised Statutes volumes. The Statement of Work incorporated into Appendix B of this RFP details additional technical specifications and delivery instructions, deadlines and the dates on which Agency will deliver electronic files to Contractor. 1.4.3 Printing, binding, packaging and delivering approximately 930 perfect-bound 8½” by 11” volumes of the Annotations Cumulative Supplement in late spring 2026. Contractor shall individually bind and shrink-wrap all volumes with appropriate text and with cover stock that Contractor prints and film laminates with the same color and color density as the Oregon Revised Statutes volumes. The Statement of Work incorporated into Appendix B of this RFP details additional technical specifications and delivery instructions, deadlines and the dates on which Agency will deliver electronic files to Contractor. 1.4.4 Printing, binding, packaging and delivering approximately 220 three-volume sets of case-bound 8½” by 11” volumes of the 2025-2026 Oregon Laws in summer and fall 2026. Contractor shall supply ink, text stock, text and panel stamping foils for stamping spines, cover stock and endsheets; print, fold, gather and Smyth-sew signatures for each volume; manufacture stamping dies from files supplied by Agency; foil stamp the spine of each volume and case-bind signatures for each volume; and provide packing and shipping services. The Statement of Work incorporated into Appendix B of this RFP details additional technical specifications and delivery instructions, deadlines and the dates on which Agency will deliver electronic files to Contractor. Agency may negotiate portions of the Statement of Work for the Contract with the successful proposer. The Statement of Work may modify the extent to which the successful proposer provides supplies for the work or may modify other provisions set forth in the Scope of Work. In addition, Agency at Agency’s option may negotiate those terms and conditions of the Contract that are specified in section 4.7.7. Agency and Contractor may agree to amend or modify the awarded Contract in accordance with OAR 137-047-0800. Agency recommends that the proposer note in the Proposal any items in the Statement of Work that the proposer would want to negotiate. Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 6 of 58 1.5 Point of Contact (POC) Proposers must direct all questions, whether about the technical requirements of this RFP, contractual requirements, the procurement process, or any other aspect of the project or needed services, only to the primary point of contact listed on the first page of this RFP. If the primary point of contact is unavailable within a reasonable period of time, a proposer may direct questions to the secondary point of contact listed on the front page of this RFP. Upon request, prospective proposers may review this RFP document at the address listed on the front page of this RFP. 1.6 Notice of Intent to Submit a Proposal 1.6.1 OregonBuys. A prospective proposer may express an interest in submitting a Proposal through OregonBuys (https://oregonbuys.gov/bso/). After logging on to the system in the Seller Administrator role, click the Bids tab and search under Open Bids for the Bid Solicitation number, then click Create Quote and follow the prompts to submit a Proposal. Detailed instructions for this process are available here: https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20So licitation%20Response.pdf For assistance with the process, please contact OregonBuys support at support.oregonbuys@das.oregon.gov. OregonBuys will automatically notify the proposer of all notices and Addenda issued under this Bid Solicitation. Please note: Because a Proposal must include hard copies of samples of a prospective proposer’s previous work, Agency will not accept actual Proposals through OregonBuys. Prospective proposers may indicate interest in submitting a Proposal through OregonBuys, but shall submit Proposal materials as electronic files via email to lc.contracts@oregonlegislature.gov and submit hard-copy samples to the address specified on the first page of this RFP. Legislative Counsel recommends that e-mail submissions include a read receipt. 1.6.2 Mailing List. Whether or not a prospective proposer expresses interest in this RFP through OregonBuys, a proposer that intends to submit a Proposal shall return the attached Notice of Intent to Submit a Proposal (“Notice of Intent to Submit a Proposal”), Appendix C, to the primary POC not later than the date and time listed in the Schedule, section 1.2. The Notice of Intent to Submit a Proposal ensures the name of the interested proposer will be placed on Agency’s official e- mail list to receive all future information regarding this RFP. A prospective proposer may e- mailthe Notice of Intent to Submit a Proposal. Legislative Counsel recommends that e-mail submissions include a read receipt. 1.6.3 Waiver. Failure to perform in accordance with section 1.6.1 or 1.6.2 does not preclude a proposer from submitting a Proposal. The failure to perform does, however, waive all rights the proposer may have to protest and claim that the proposer may have been harmed by not receiving subsequent notices under this RFP. Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 7 of 58 Section 2: Proposal Requirements 2.1 Administrative Proposal Requirements Each Proposal must include a Proposal Cover Sheet, a description of the proposer’s fiscal stability and the required number of copies, all in accordance with the following paragraphs: 2.1.1 Proposal Cover Sheet. The proposer shall sign and submit the Proposal Cover Sheet (see Appendix A). Proposals must address the Proposal and submission requirements set forth in this RFP and must describe how the proposer will provide the Supplies and Services. Agency shall deem Proposals that merely offer to provide Supplies and Services as stated in this RFP not Responsive and will not consider such Proposals further. All Proposals must follow the format described in this section. Proposals must respond to all elements of information requested, without exception. Proposal sections and pages must be appropriately numbered in accordance with the outline below. A Proposal may not consist of more than 25 pages, including all supporting material, but excluding a separate price proposal and any samples of work that the proposer submits under section 2.3.1. A proposer may organize a Proposal as the proposer sees fit, but a Proposal shall include at least the following headings in the following order and numbered as indicated below, followed by the proposer’s responses: Part 1: Administrative Proposal Requirements Part 2: Technical Proposal Requirements See section 2.4 and Appendix D (Price Proposal Form) for price proposal requirements. 2.1.2 Financial Statement/Fiscal Stability. A proposer must briefly describe the 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 term and must identify the individuals who have fiscal responsibilities. Any proposer that has generated financial statements shall submit copies for the most recent period. If the proposer has not generated financial statements, the proposer may submit an audit or fiscal review by a certified public accountant, or if the proposer is a “new” business, a copy of a business plan completed within the last year. If the proposer has performed work for Agency previously or has performed similar work for another state agency in Oregon or elsewhere, the proposer may also submit a work history and any performance evaluations from previous work. 2.2 Minimum Proposal Requirements A Proposal must meet the minimum Proposal requirements described in the Proposal Cover Sheet, Appendix A. 2.3 Technical Proposal Requirements A Proposal must describe how the proposer will meet each of the technical requirements described Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 8 of 58 in the Scope of Work in section 1.4. Agency will evaluate this Proposal as described in section 4. The proposer should provide enough detail in the Technical Proposal to permit Agency to accurately evaluate the Proposal, including the rationale for the proposer’s recommended selections and options (such as text and cover stock, binding, finish, etc.) and a summary of the proposer’s resources (such as staff, equipment, expertise) sufficient to demonstrate that the proposer would be able to execute the Contract satisfactorily. 2.3.1 Samples. A proposer shall submit with the Proposal samples of work that the proposer believes meets the specifications or resembles the type of work described in the Scope of Work and the Statement of Work set forth in the Contract (see Appendix B). As the most appropriate sample, Agency suggests that the proposer submit at least two consecutive volumes from a matched set of volumes that share a cover design and type of binding. Agency may use the samples in evaluating the proposer’s quality of work and ability to meet the specifications set forth in the Scope of Work and the Statement of Work. The proposer shall indicate whether the proposer wishes to have the samples that the proposer submitted returned to the proposer and, if so, shall provide appropriate self-addressed shipment materials along with the samples. 2.3.2 References. On the Proposal Cover Sheet (Appendix A), the proposer shall provide the names, addresses, telephone numbers, and contact information for three (3) customers for whom the proposer has provided, within the last five (5) years, Supplies and Services equivalent to those described in this RFP. Agency recommends that the proposer provide references who will be available to respond to reference checks during the period after this RFP is issued and before the Notice of Intent to Award, as described in section 4.5. 2.3.3 COBID Certified Businesses. If the proposer is not certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business, the proposer shall document the proposer’s determination as to whether a subcontractor could feasibly perform any portion of the Work described in the Scope of Work and, if so, the extent of the proposer’s good faith efforts to encourage required participants, as defined in ORS 200.045, to participate in any Contract that results from this RFP. If the proposer intends to subcontract out a portion of the Work to a subcontractor and has not made good faith efforts to include required participants at the time the proposer submits a Proposal, the proposer shall submit with the Proposal an outreach plan that will guide the proposer’s efforts to subcontract the work and that meets the requirements set forth in ORS 200.045 (3). 2.4 Price Proposal Requirements A proposer shall submit a price proposal consisting of two parts: 1. A total price proposal; and 2. A price proposal that separately prices the following items: a. Text stock b. Cover stock, including film lamination and one-color printing c. All prepress charges Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 9 of 58 d. Printing charges e. Binding charges f. Carton charges g. Packaging charges (if separate from carton charge), including shrink-wrapping h. Shipping costs i. Charges to print attachable insert pages j. Any other charges or expenses In addition, the proposer shall submit a per-volume cost for overruns. See Appendix D for the Price Proposal Form. A proposer shall submit the proposer’s price proposal separately from the remainder of the Proposal. Proposers shall address price proposals to the primary POC and clearly identify the document as a “Price Proposal to Request for Proposals #2025-1.” Price proposals must be firm offers for a period of 120 days from the deadline for Proposal submission. Section 3: Solicitation Process 3.1 Procurement Authority and Method Agency is issuing this RFP pursuant to Agency’s authority under ORS 171.275 and 173.130 (6). Agency intends to use a Competitive Sealed Proposals method similar, but not identical, to the method set forth in ORS 279B.060. Agency intends to use a single-step Competitive Sealed Proposal method. See reservations of rights in section 3.10. 3.2 OregonBuys Agency shall post this RFP, including all Addenda, Appendices and Attachments, on the OregonBuys procurement site. Agency is not required to mail this RFP or Addenda, Appendices or Attachments to this RFP to any person. Agency will provide notification of any substantive clarifications in response to questions at the OregonBuys website below. For complete RFP documentation, please go to the OregonBuys website: (https://oregonbuys.gov/bso/) . Proposers without electronic access to OregonBuys may obtain copies of this RFP and associated documents at the address listed on the front page of this RFP. Agency may charge a fee for providing copies of these documents. 3.2.1 Documents Outside of OregonBuys. Agency does not anticipate issuing documents outside of OregonBuys. 3.2.2 Addenda on OregonBuys. The provisions of Addenda are incorporated within and may supersede identified provisions of this RFP. Addenda may be viewed and downloaded on OregonBuys by registered suppliers. Each proposer should consult OregonBuys regularly until Closing to ensure that the proposer has not missed any Addenda. Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 10 of 58 Any oral communications are unofficial and are not binding. Proposers may rely only on written statements issued by the primary or secondary POC. 3.2.3 OregonBuys Usage. Proposers unfamiliar with OregonBuys may contact support for OregonBuys at (855) 800- 5046 or by email at support.oregonbuys@das.oregon.gov. 3.2.4 OregonBuys Registration. Proposers are responsible for ensuring that their registration information is current and correct. Agency accepts no responsibility for missing or incorrect information contained in the supplier’s registration information in OregonBuys. 3.3 Questions About, Modifications to and Protests of Solicitation Documents 3.3.1 Submission of Questions and Requests. Prospective proposers must submit questions, including requests for explanations of the meaning or interpretation of provisions of this RFP, in writing to the attention of the primary POC by the date and time specified in section 1.2. Faxes (including the proposer’s fax number to which Agency may direct replies) and email messages are acceptable. With the exception of negotiations of those portions of the Statement of Work and those Contract terms and conditions as provided in sections 1.4 and 4.7 of this RFP, the procedure outlined in this section is the proposer’s only opportunity to request any change or protest any requirement of this RFP, including but not limited to the solicitation process, proposal requirements or terms and conditions. Agency will consider as not Responsive Proposals that take exception to the requirements of this RFP, including but not limited to the solicitation process, proposal requirements or terms and conditions and will reject such Proposals. 3.3.2 Methods of Seeking Modifications to the Solicitation Documents. 3.3.2.1 Procedure. The appropriate means of seeking modifications to provisions of this RFP are through a written (a) request for clarification of a provision of this RFP or of the contractual terms or specifications; (b) formal submission of a request for changes to this RFP or to the contractual terms or specifications; or (c) formal submission of a protest of this RFP or of the contractual terms or specifications. 3.3.2.2 Request for Clarification. Proposers that require clarification of a provision of this RFP, contractual terms or specifications may submit to the primary POC a written request for clarification. For Agency to consider the request for clarification, the primary POC must receive the request by the deadline specified in section 1.2 or by any extension of the deadline made by subsequent Addenda. 3.3.2.3 Request for Changes to RFP, Contractual Terms or Specifications. Any proposer may submit to the primary POC a written request for changes to this RFP, contractual terms or specifications. For Agency to consider the request for Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 11 of 58 changes, the primary POC must receive the request by the deadline specified in section 1.2 or by any extension of the deadline made by subsequent Addenda. The request must include the reason for requested changes, supported by factual documentation, and specify any proposed changes. 3.3.2.4 Protest of RFP, Contractual Terms or Specifications. Proposers may submit to the primary POC a written protest of this RFP, contractual terms or specifications. To be considered, a protest must contain all information required by ORS 279B.405 and OAR 137-047-0730 and must: 3.3.2.4.1 Identify the proposer’s name and refer to the number of this RFP; 3.3.2.4.2 Contain evidence that supports the grounds on which the protest is based and specify the relief sought, including a statement of the proposed changes to the process or RFP provisions, requirements or terms and conditions that the proposer believes will remedy the conditions upon which the protest is based; 3.3.2.4.3 Be signed by the proposer’s Authorized Representative; 3.3.2.4.4 Be submitted to the primary POC by the due date for RFP Protests specified in section 1.2; and 3.3.2.4.5 Be delivered, e-mailed, or faxed to the primary POC at the address specified on the front page of this RFP. (Legislative Counsel recommends e- mailed protests include a read receipt) Agency will not consider protests that do not meet the requirements of this section. Agency will resolve all protests in accordance with OAR 137-047- 0730. Agency is not responsible for the successful transmission of faxed protests. Unless Agency extends the due date by Addenda to this RFP, Agency will not consider protests to the originally issued RFP submitted after the due date for RFP Protests specified in section 1.2. Agency will not accept late protests. 3.3.2.5 Method of Submitting Requests for Modification of RFP Provisions. Messages that are requests for clarification or requests for change, and envelopes that contain written protests , must be titled or marked , as appropriate, and include the following information: Request for Clarification/Change/Protest RFP Number Closing Date The primary POC must receive the request or protest by the date and time specified in section 1.2. Agency may extend this deadline by Addendum. Agency will not consider a request for clarification, a request for change or a protest regarding this RFP, contractual terms or specifications if Agency receives the request or protest after the date specified in this RFP or the date specified in a subsequent Addendum. Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 12 of 58 3.3.2.6 Response to Requests for Clarification or Change and Protests. Agency shall respond to each properly submitted written request for clarification, request for change, and protest in accordance with ORS 279B.405. Where appropriate, Agency shall issue revisions and clarify RFP provisions via Addenda posted on OregonBuys. Agency may also informally respond to a proposer’s questions. Informal responses, however, do not affect the provisions of this RFP. This RFP, the contractual terms or the specifications may change only via formal Addenda issued by Agency. 3.4 Proposal Submission Not later than the closing date and time specified in this RFP, the primary POC must receive Proposals via email and must receive copies of samples at the address listed on the front page of this RFP. Samples may be delivered via U.S. Mail, courier, hand-delivery, or any delivery service that will deliver a hard copy of the Proposal before the Closing date and time. Proposals may also be sent as described in section 1.6.1 of this RFP. Proposals must be sent to the attention of the primary POC. Agency will not accept late or faxed Proposals. 3.5 Proposal Withdrawal If a proposer wishes to withdraw a submitted Proposal, the proposer shall do so before the Closing date and time. The proposer shall submit a written request to withdraw, signed by the proposer, on the proposer’s letterhead, to the primary POC at the address listed on the front page of this RFP, as required by OAR 137-047-0440 (2). 3.6 Proposal Opening Agency shall open Proposals and read the names of all proposers at the date and time listed in the Schedule, section 1.2. Agency will not read Proposals aloud (OAR 137-047-0450 (2)). Agency shall open Proposals at the following location: 900 Court Street NE S-101 Salem, OR 97301 Please note: Because the location for opening Proposals may be closed at the time set for Proposal opening, Agency may instead choose to conduct the opening by remote video access via Microsoft Teams. If Agency does open Proposals as described in this paragraph, Agency shall notify proposers who have submitted Proposals. Proposers who wish to attend such an opening must contact the POC for an invitation to the Proposal opening. 3.7 Evaluation and Award The evaluation and award process is described in section 4. 3.8 Public Information, Confidentiality and Trade Secrets All Proposals are public information after Agency opens the Proposals and all protests are public Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 13 of 58 information after the protest period ends. Agency shall open Proposals at the date and time listed in the Schedule, section 1.2. Agency will not provide copies of Proposals, however, until after completing the evaluation process and issuing a notice of Agency’s intent to Award a Contract (“Notice of Intent to Award”) in accordance with OAR 137-047-0630. Any person may request copies of public information. Proposers shall label any information that the proposer wishes to protect from disclosure to third parties as a trade secret under ORS 192.345 (2) with the following: “This material constitutes a trade secret under ORS 192.345 (2) and is not to be disclosed except as required by law.” Agency shall take reasonable measures to hold in confidence all such labeled information, but the State of Oregon is not liable for release of any information when required by law or court order to do so, whether pursuant to the Oregon Public Records Law or otherwise. The State of Oregon is also immune from liability for disclosing or releasing information under the circumstances set out in ORS 646.473 (3). 3.9 Cost of Preparing Proposals Proposers are responsible for all costs proposers incur in preparing and submitting a Proposal in response to this RFP. Agency will not reimburse these costs. 3.10 Reservation of Agency Rights Agency reserves all rights regarding this RFP, including, without limitation, the right to: i. Amend, delay or cancel this RFP without liability if Agency finds that doing so is in Agency’s best interest; ii. Reject any or all Proposals Agency receives upon finding that doing so is in Agency’s best interest; iii. Waive any minor informality or non-conformance with the provisions or procedures of this RFP, and seek clarification of any Proposal, if required; iv. Reject any Proposal that fails substantially to comply with all prescribed RFP procedures and requirements; v. Negotiate a Statement of Work based on the Scope of Work described in section 1.4 and to negotiate separately in any manner necessary to serve the best interest of the public; vi. Amend any Contracts that are a result of this RFP; and vii. Engage a contractor by selection or procurement independent of this RFP process or any Contracts or agreements under this RFP to perform the same or similar services. Although price is a consideration in determining the apparent successful proposer, the intent of this RFP is to identify a Proposal from a proposer that has a level of specialized skill, knowledge and resources to perform the work described in this RFP. Qualifications, performance history, expertise, knowledge and the ability to exercise sound professional judgment are primary considerations in the selection process. Because of the highly technical nature of some of these tasks, the proposer with the lowest price proposal may not necessarily be awarded a Contract. Agency reserves the sole right to determine the best Proposal. 3.11 Contract Form The apparent successful proposer will be asked to sign a Contract substantially in the contract form Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 14 of 58 that is attached as Appendix B. The terms and conditions included in Appendix B, other than those identified in section 4.7.7 of this RFP, are not subject to negotiation. 3.12 Contractual or Financial Obligation Agency is not obligated as a result of a proposer’s submitting a Proposal to enter into a Contract with the proposer, and has no contractual or financial obligation to any proposer arising from this RFP. Section 4: Evaluation and Award 4.1 Evaluation Process 4.1.1 Evaluation Overview. Agency shall conduct an evaluation of the Proposals received in response to this RFP. Agency shall evaluate and score all Proposals on the completeness, quality, and applicability of the content of the Proposals in accordance with the following sections: 4.2: Evaluation of Minimum Requirements (Pass/Fail) 4.3: Evaluation of Technical Proposals (Scored) 4.4: Evaluation, Scoring and Ranking of Price Proposals 4.5: Reference Checks for the Proposer’s Company (Scored) 4.6: Ranking of Proposals Each section is explained in more detail below. 4.1.2 Evaluation Committee. Agency will establish an evaluation committee, which will consist of Agency staff, to review, evaluate and score each Proposal. 4.1.3 Disqualification. If a proposer attempts to improperly influence a member of the evaluation committee during the proposal review and evaluation process, Agency shall reject the proposer’s Proposal. 4.2 Evaluation of Minimum Requirements (Pass/Fail) The evaluation committee shall review all Proposals on a pass/fail basis to determine if each Proposal meets the minimum proposal requirements described in section 2.2 and Appendix A. A proposer’s failure to comply with the instructions or to submit a complete Proposal may result in Agency deeming the Proposal not Responsive. Agency shall consider for further evaluation under section 4.3 only those Proposals that Agency determines are Responsive to the Minimum Requirements. See the Reservation of Agency Rights in section 3.10. 4.3 Evaluation of Technical Proposals (Scored) The evaluation committee shall score all Proposals in accordance with this section on the quantity and quality of information provided in the Proposal. The evaluation committee shall add together the points that each committee member assigns and divide the total points by the total number of Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 15 of 58 evaluation committee members to compute an average score for the evaluation questions. Price proposal information will not be available to the evaluation committee during this evaluation of technical proposals. See section 2.3 for the technical proposal requirements. The evaluation committee may request additional clarification from a proposer for any portion of a Proposal. A proposer may not submit new information or documentation, however, and a proposer may not use a clarification to rehabilitate a Proposal that is not Responsive. Proposers must be available during the evaluation period to respond to requests for additional clarification. Proposers shall submit written signed clarification(s) within 24 hours, Monday through Friday, after receiving Agency’s request. A proposer’s failure to provide clarification may result in a lower score for the proposer’s Proposal. The evaluation committee will assign points to the committee’s evaluation of each Proposal as follows: Points Possible Point Basis 5 Written Proposal presentation–all items easily located and clearly identified 75 The proposer’s experience in providing requested supplies and services, including the proposer’s relevant work performance history, demonstrated quality of the proposer’s work and evidence from submitted work samples 15 The proposer’s approach and plans to meet the requirements and specifications set forth in this RFP 5 The extent to which the proposer has considered whether a subcontractor can feasibly perform a portion of the Work described in the Scope of Work and, if so, whether the proposer has made good faith efforts to encourage required participants to participate in the Contract or has submitted a realistic plan to do so. 4.4 Evaluation, Scoring and Ranking of Price Proposals Proposers shall provide a price proposal using the form attached to this document as Appendix D. The evaluation committee shall award the maximum number of Price Points available under this RFP to the price proposal with the lowest price. The committee will award a percentage of Price Points to each price proposal that has a price that is higher than the lowest price proposal using the following formula: (L/X)*100 = A where: X = The dollar amount of the price proposal that the committee is comparing with the lowest priced Proposal (in whole dollars, rounding up from .51 to .99 cents) L = The dollar amount of the lowest price proposal among all Proposals (in whole dollars, rounding up from .51 to .99 cents) A = Awarded points (0-100) If Agency requests clarification of pricing information included in a proposer’s price proposal, the proposer shall provide the clarification within two (2) business days (Monday through Friday, state- observed holidays excluded), otherwise Agency at Agency’s sole discretion may reject the Proposal as not Responsive. Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 16 of 58 4.4.1 Reciprocal Preference. In accordance with OAR 137- 046-0310, when evaluating Proposals, Agency will add a percentage increase to the price proposal of a non- resident proposer that is equal to the percentage, if any, of the preference that would be given to that proposer in the state in which the proposer resides. 4.4.2 Printing in Oregon. ORS 282.210 applies to this procurement. 4.5 Reference Checks for the Proposer’s Company (Scored) Proposers shall provide References that can rate the proposer’s performance in these categories: i. Ability to correctly interpret, impose and place .PDF files created from a variety of electronic sources (mainframe, InDesign, Word, etc.) (up to 5 points) ii. Consistency of ink density, trim quality, volume size and spine rule line alignment across a multi-volume set (up to 5 points) iii. Accuracy of color registration on covers (up to 5 points) iv. Timeliness of delivery (up to 5 points) v. Responsiveness of customer service (scheduling, replacement pages, proofs, packaging, shipping, etc.) (up to 5 points) Agency reserves the right to request references in addition to those provided by the proposer (References), to investigate any references whether or not furnished by the proposer, and to investigate the past performance of any proposer. Agency may investigate the qualifications of a proposer, including but not limited to: successful performance of similar services; compliance with specifications and contractual obligations; the proposer’s completion or delivery of services on schedule; and the proposer’s lawful payment of suppliers, subcontractors, and workers. Agency may postpone the award or execution of the Contract after the announcement of the apparent successful proposer in order to complete Agency’s investigation. See also the Reservation of Agency Rights, section 3.10. The evaluation committee may evaluate the References using a scale of 1 to 5, with 5 being the highest score. Each proposer may receive a maximum of 75 points from evaluation of the References (3 References x 5 questions x 5 points per question). The evaluation committee may attempt to contact two sources for each reference given. The committee may make up to three attempts to contact each of the reference sources. These attempts will be made during normal business hours. If the three attempts are unsuccessful, the proposer receives zero points for that Reference source. Agency shall ask each reference that Agency contacts those questions specified in the categories above. 4.6 Ranking of Proposals The evaluation committee shall rank all Proposals Agency receives by determining for each Proposal an optimal balance among the scores for each proposer’s Technical Proposal, price proposal and reference checks. For purposes of this section, an “optimal balance” is a determination Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 17 of 58 of the extent to which a combination of the proposer’s score in each category constitutes an offer that is most advantageous to Agency. The optimal balance is not necessarily the total of the proposer’s scores in each category but reflects Agency’s consideration of the relative values of each score for the purpose of carrying out Agency’s procurement. The evaluation committee may include a narrative description of the factors the committee considered in the committee’s ranking. 4.6.1 Preference for Oregon Goods and Services. If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300. 4.6.2 Responsiveness and Responsibility Determinations. 4.6.2.1 Responsiveness. To be considered Responsive, a Proposal must substantially comply with all requirements of this RFP and all prescribed public solicitation procedures. In evaluating whether a Proposal is Responsive, Agency may waive minor informalities and irregularities. Before awarding a Contract, Agency intends to evaluate whether the apparent successful proposer meets the applicable standards identified in OAR 137- 047-0500 to be considered Responsible. In doing so, Agency may investigate the proposer and request information in addition to information already required in this RFP, when Agency, in Agency’s sole discretion, considers additional information necessary or advisable. 4.6.2.2 Responsibility. Agency reserves the right, pursuant to OAR 137-047-0500, to investigate and evaluate, at any time prior to award and execution of the Contract, whether the apparent successful proposer is Responsible for the purposes of performing the Contract. Submission of a signed Proposal shall constitute approval for Agency to obtain any information Agency deems necessary to conduct the evaluation. Agency shall notify the apparent successful proposer in writing of any other documentation required, which may include but is not limited to: recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information; material; equipment; facility and personnel information; record of Contract performance; etc. Agency will reject a Proposal from a proposer that fails to provide this information promptly. Agency may postpone awarding the Contract after announcing the apparent successful proposer in order to complete Agency’s investigation and evaluation. The apparent successful proposer’s failure to demonstrate that the proposer is Responsible, as required under ORS 279B.110 and OAR 137-047-0500, will result in Agency’s deeming the proposer not Responsible and will constitute grounds for Agency to reject the Proposal under ORS 297B.100. 4.7 Award Notification and Process 4.7.1 Award Consideration. Agency may determine, at Agency’s sole and absolute discretion, whether the Contract is in Request for Proposals No. 2025-1 Printing ORS, Oregon Laws and Associated Publications Page 18 of 58 the best interest of the State. Agency reserves the right to withdraw any or all items from award consideration. 4.7.2 Notice of Intent to Award. Agency reserves the right to announce Agency’s intent to award a Contract before actually awarding the Contract by posting a Notice of Intent to Award on OregonBuys or by sending the notice by letter or fax. The Notice of Intent to Award serves as notice to all proposers that Agency intends to negotiate and to make an award. 4.7.3 Review of Proposal Files. Proposers may have five (5) calendar days from the date of the Notice of Intent to Award within which to view the proposal files (by appointment). 4.7.4 Protest of Intent to Award. A proposer that claims to have been adversely affected or