RFP - DEFINED BENEFIT ADMINISTRATION BENCHMARKING ANALYSIS

RFP - DEFINED BENEFIT ADMINISTRATION BENCHMARKING ANALYSIS DEFINED BENEFIT ADMINISTRATION BENCHMARKING ANALYSIS REPORTS OregonBuys Bid # 45900-00015401 Page 1 of 16 STATE OF OREGON COVER PAGE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) is issuing this Request For Proposal under PERS-RFP # 25004 for DEFINED BENEFIT ADMINISTRATION BENCHMARKING ANALYSIS REPORTS Date of Issue: November 19, 2025 Opening Date: January 7, 2025 Single Point of Contact (SPC) Ryan Ellis, Procurement and Contracts Specialist Address: 11410 SW 68th Parkway City, State, Zip Tigard, OR 97223 E-mail: ryan.ellis@pers.oregon.gov OregonBuys Bid # 45900-00015401 Page 2 of 16 TABLE OF CONTENTS SECTION 1: GENERAL INFORMATION ........................................................................................................ 3 1.1 INTRODUCTION ................................................................................................................................................................................................... 3 1.2 SCHEDULE ............................................................................................................................................................................................................... 3 1.3 SINGLE POINT OF CONTACT (SPC) .......................................................................................................................................................... 3 SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE ............................................................................... 4 2.1 AUTHORITY AND METHOD .......................................................................................................................................................................... 4 2.2 DEFINITION OF TERMS ................................................................................................................................................................................... 4 2.3 OVERVIEW AND PURPOSE ........................................................................................................................................................................... 4 2.4 SCOPE OF WORK/SPECIFICATIONS ........................................................................................................................................................ 5 SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION ................................................ 5 3.1 MINIMUM OFFER REQUIREMENTS......................................................................................................................................................... 5 3.2 MINIMUM SUBMISSION REQUIREMENTS ........................................................................................................................................... 6 3.3 PROCUREMENT PROCESS ............................................................................................................................................................................. 7 3.4 OFFERS CONTENT REQUIREMENTS ................................................................................................................................................... 10 3.5 EVALUATION PROCESS ................................................................................................................................................................................ 11 3.6 COST EVALUATION......................................................................................................................................................................................... 12 3.7 NEXT STEP DETERMINATION ................................................................................................................................................................. 12 3.8 PREFERENCES ................................................................................................................................................................................................... 13 3.9 RANKING OF OFFERORS ............................................................................................................................................................................. 13 SECTION 4: AWARD AND NEGOTIATION .................................................................................................. 13 4.1 AWARD NOTIFICATION PROCESS ......................................................................................................................................................... 13 4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS .......................................................................................................... 14 4.3 CONTRACT NEGOTIATION ........................................................................................................................................................................ 14 SECTION 5: ADDITIONAL INFORMATION................................................................................................. 15 5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION ..................................................................................................... 15 5.2 CERTIFIED FIRM PARTICIPATION ........................................................................................................................................................ 15 5.3 GOVERNING LAWS AND REGULATIONS ........................................................................................................................................... 15 5.4 OWNERSHIP/PERMISSION TO USE MATERIALS ......................................................................................................................... 15 5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES. ............................................................ 16 5.6 COST OF SUBMITTING AN OFFER ......................................................................................................................................................... 16 5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE ....................................................................................................................... 16 5.8 RECYCLABLE PRODUCTS ............................................................................................................................................................................ 16 SECTION 6: LIST OF ATTACHMENTS .......................................................................................................... 16 ATTACHMENT A SAMPLE CONTRACT .............................................................................................................................................................. 16 ATTACHMENT B AFFIDAVIT OF TRADE SECRET ....................................................................................................................................... 16 ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET ................................................................................ 16 ATTACHMENT D REFERENCE CHECK FORM ................................................................................................................................................ 16 ATTACHMENT E COST SHEET ................................................................................................................................................................................ 16 ATTACHMENT F COBID FORM ............................................................................................................................................................................... 16 ATTACHMENT G TAX AFFIDAVIT......................................................................................................................................................................... 16 OregonBuys Bid # 45900-00015401 Page 3 of 16 SECTION 1: GENERAL INFORMATION 1.1 INTRODUCTION The State of Oregon, acting by and through the Public Employees Retirement System, (“Agency”), is issuing this RFP for Defined Benefit Administration Benchmarking Analysis Reports. Additional details on the Scope of the goods or services or both are included in the Scope of Work section. Agency anticipates the award of one Contract from this solicitation. The initial term of the Contract is anticipated to be four years with options to renew up to a maximum of ten years. 1.2 SCHEDULE The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation. Event Date Time Issuance of RFP November 19, 2025 Questions / Requests for Clarification Due December 1, 2025 2:00 PM PST Answers to Questions/Requests for Clarification (approx.) December 4, 2025 RFP Protest Period Ends December 8, 2025 2:00 PM PST Closing (Proposals due) January 7, 2026 2:00 PM PST Interviews (TBD)(approx.) January 21, 2026* Issuance of Notice of Intent to Award February 11, 2026* Award Protest Period Ends 7 days after Notice of Intent to Award* Contract Execution (services begin 7/1/26) March 10, 2026 1.3 SINGLE POINT OF CONTACT (SPC) The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. The Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC. OregonBuys Bid # 45900-00015401 Page 4 of 16 SECTION 2: AUTHORITY , OVERVIEW , AND SCOPE 2.1 AUTHORITY AND METHOD Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140. Agency is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 125-247-0260. 2.2 DEFINITION OF TERMS For the purposes of this solicitation, capitalized words will refer to the following definitions. 2.2.1 General Definitions Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110. 2.2.2 Project Specific Definitions 1. “DOJ” means Oregon Department of Justice. 2. “Proposal” means a written response to this RFP. 3. “Proposer” means an individual or other commercial entity that has submitted a Proposal. 4. “RFP” means this Request for Proposal. 5. “Successful Proposer” means the individual to whom the award is made. 2.3 OVERVIEW AND PURPOSE  Oregon PERS is a $100+ billion public pension system, serving 95% of the public employees and employers in the state of Oregon  We are seeking to meet the needs of ~270k pre-retired members, ~170k retirees and nearly 1000 employees.  With hundreds of other public pension systems across the US and internationally trying to do the same thing, there’s a wealth of collective knowledge to share and access.  To assist PERS in assessing our own circumstances and making strategic decisions, peer knowledge and data can play a huge role:  Using a benchmarking consultant gives PERS key tools in understanding how we stack up on cost and performance.  An annual pension admin peer benchmarking report is an important tool in understanding how and why we compare or differ from our peers  We can learn about the best practices in the industry. OregonBuys Bid # 45900-00015401 Page 5 of 16  Conferences and networking establish key peer contacts for information sharing.  A peer communication forum (like CEM’s PIN) provides key opportunities for seeking peer input and sharing knowledge and ideas. 2.4 SCOPE OF WORK/SPECIFICATIONS Provide annual comprehensive benchmarking of PERS compared to global pension systems and provide analysis of peer systems [10 to 15] of relative size. Provide the annual report to the agency, PERS board and management presented by vendor. Provide industry best practices and information regarding topics of interest. Provide an interactive way that clients can ask or respond to questions of other systems for insights on their processes and best practices. Provide an organized conference of the pension systems to share best practices, lessons learned and networking opportunities. The benchmarking analysis should contain:  Deep, quantifiable analysis of PERS  Staffing/resource levels  Service levels and performance  Complexity  Costs o Costs per member o Cost per activity or function SECTION 3: PROCUREMENT REQUIREMENTS AND EV ALUATION 3.1 MINIMUM OFFER REQUIREMENTS  Wide array of total participating peers, both domestic US/North American pension systems, as well as worldwide international pension systems.  Core peer group including 10-15 similarly sized US systems.  Benchmarking report with comparisons to core peer group as well as full participant group.  Comparisons of cost, service, transaction volumes, surveying.  At least 10 years of data history.  Online access to database, including our own historical values and results, as well as peer comparisons.  Member-focused analysis, including efforts like Voice of the Customer (VoC).  Annual or regular best practices research and white papers on a variety of pension admin topics.  Respondent shall provide an example benchmark report. This example report can be shared in a redacted format to protect any information that identifies another pension system. OregonBuys Bid # 45900-00015401 Page 6 of 16 3.1.1 BUSINESS EVALUATION To be considered for evaluation, Offeror must demonstrate how Offeror meets all of the following business requirements:  Peer comparisons  Service  Cost  Transactions  Staffing  Member-focused comparisons  Surveying  Voice of the Customer  Member-focused service criteria  Historical comparisons  Confidentiality of systems within peer comparison charts 3.1.2 TECHNICAL EVALUATION To be considered for evaluation, Offeror must demonstrate how the proposed solution meets all of the following technical requirements:  Secure online portal for entering survey/data responses  Secure online access for historical data and reports  Peer communication forum  Benchmarking report with charting for performance and comparisons 3.2 MINIMUM SUBMISSION REQUIREMENTS 3.2.1 Offeror Format and Quantity Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file. Offeror shall submit one electronic copy of its Offer. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Affidavit of Trade Secret (Attachment B), and Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version. 3.2.2 Authorized Representative A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency. OregonBuys Bid # 45900-00015401 Page 7 of 16 3.3 PROCUREMENT PROCESS 3.3.1 Public Notice The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Offerors. Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference. 3.3.2 Questions / Requests for Clarification All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must include the following: OregonBuys Bid # 45900-00015401 Page 8 of 16  Be emailed to the SPC  Reference the OregonBuys bid number  Identify Offeror’s name and contact information  Be sent by an authorized representative  Refer to the specific area of the solicitation 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 SOLICITATION PROTESTS 3.3.3.1 Protests to RFP Offeror 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 sample Contract. This is Offeror’s only opportunity to protest the provisions of the RFP, except that Offeror may submit protests of Addenda as provided below. Offeror may take exception to the terms and conditions of the Sample Contract (Attachment A) marked as negotiable as set form in the Negotiations Section. 3.3.3.2 Protests to Addenda Offeror may submit a Written protest of anything contained in the respective Amendment. Protests to Amendments, if issued, must be submitted by the date/time specified in the respective Amendment, or they will not be considered. Protests of matters not added or modified by the respective Amendment will not be considered. 3.3.3.3 Requirements for Solicitation Protests All protests to the RFP or to Amendment, if any, must be delivered to the SPC via email or hard copy, must be sent by an authorized representative, must be received by the due date and time identified in the Schedule or as set forth in the respective Amendment and must: 1. Reference the OregonBuys bid number. 2. Identify prospective Offeror name and contact information. 3. Be sent by an authorized representative. 4. State the reason for the protest, including: a. the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and b. evidence or documentation that supports the grounds on which the protest is based. 5. State the proposed changes to the RFP provisions or other relief sought. OregonBuys Bid # 45900-00015401 Page 9 of 16 3.3.3.4 Protest Response Agency 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. 3.3.4 Offer Submission Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected. 3.3.4.1 Submission – Oregonbuys Portal OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf The vendor will need to register in the PERS portal for goods and services, OregonBuys. This portal is used for procurement and vendor payment as well. PERS asks that you review the link below to register: https://oregonbuys.gov/bso/view/login/login.xhtml The cost sheet must be submitted as a separate electronic response file. Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Affidavit of Trade Secret (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature. 3.3.5 Modification or Withdrawal of Quotes or Offers Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission. If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC. OregonBuys Bid # 45900-00015401 Page 10 of 16 3.3.6 Offer Opening Date Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening. Offers received after Opening are considered LATE and will NOT be accepted for evaluation. Late Offers will be returned to the respective Offeror or destroyed. 3.3.7 Offer Rejection Agency may reject an Offer for any of the following reasons:  Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.  Offeror fails to meet the responsibility requirements of ORS 279B.110.  Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.  Offeror makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.  Offeror attempts to inappropriately influence a member of the Evaluation Committee.  Offeror is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment. 3.3.8 Opening of Offers There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identity of all Offerors after Opening. 3.4 OFFEROR CONTENT REQUIREMENTS Offeror must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Goods to be provided or the Services to be performed or both. An Offer that merely offers to provide the goods or services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further. 3.4.1 Minimum Offer Requirements. The Offeror shall indicate how it meets the minimum offer requirements of Section 3.1 of this RFP. 3.4.2 Offeror Information and Certification Sheet The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C). OregonBuys Bid # 45900-00015401 Page 11 of 16 3.4.3 References Provide at least three (3) references from current or former clients for similar projects performed for any clients within the last five (5) years. References must verify the quality of previous, related Work. Each offeror must submit the Reference Check Form (Attachment D) with their submission. Agency may check to determine if references provided support Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications. 3.4.4 Costs Submit a detailed Cost Sheet (Attachment E) electronically through OregonBuys stating the price for each deliverable. 3.4.5 Public Record/Confidential or Proprietary Information All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer. Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues. If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information. 3.5 EVALUATION PROCESS 3.5.1 Responsiveness and Responsibility Determination Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Offer Requirements (section 3.1), Minimum Submission Requirements (Section 3.2) and Offeror Content Requirements (section 3.4). If the Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470. In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting an offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1. At any time prior to award, Agency may reject an Offeror found to be not Responsible. OregonBuys Bid # 45900-00015401 Page 12 of 16 3.5.2 Evaluation Criteria Offers meeting the Responsiveness and Responsibility Determination will be evaluated by the Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section. SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of offers. A response to a clarification request must be to clarify or explain portions of the already submitted Offer and may not contain new information not included in the original Offer. Evaluation Criteria Max Points Business Evaluation (3.1.1. above) 32 Technical Evaluation (3.1.2 above) 32 Cost Proposal 28 Total Points 100 3.6 COST EVALUATION The SPC will conduct the cost evaluation. The cost evaluation will be based on the sum of the four years of cost to be provided by the Offeror in Attachment E. The SPC will award a score to each Cost Sheet based upon the percentage of the proposed cost as compared to the lowest Offeror’s cost using the following formula: lowest cost of all Offerors X cost points possible = cost score cost being scored 3.7 NEXT STEP DETERMINATION Agency may conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:  Establishing a Competitive Range  Presentations/Demonstrations/Additional Submittal Items  Interviews  Best and Final Offers If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest OregonBuys Bid # 45900-00015401 Page 13 of 16 ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation. 3.8 PREFERENCES 3.8.1 Oregon Supplies and Services Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the cost for any Offeror proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the cost score. 3.8.2 Recycled Materials In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference. 3.8.3 Tiebreakers Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300. Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows: 3.9 RANKING OF OFFERORS The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score. SECTION 4: AWARD AND NEGOTIATION 4.1 AWARD NOTIFICATION PROCESS 4.1.1 Award Consideration Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation. 4.1.2 Notice of Award Agency will notify all Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions. OregonBuys Bid # 45900-00015401 Page 14 of 16 4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS 4.2.1 Insurance Prior to execution of the Contract, the apparent successful Offeror shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated. Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements set forth as Exhibit C in the Sample Contract (Attachment A) prior to offer submission. 4.2.2 Taxpayer Identification Number The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:  When requested by Agency (normally in an intent to award notice), or  When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any. Agency will not make any payment until Agency has a properly completed W-9. 4.2.3 Business Registry If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable. All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm. 4.3 CONTRACT NEGOTIATION 4.3.1 Negotiation After selection of a successful Offeror, Agency may negotiate the Statement of Work. By submitting a Proposal, Offeror agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), except for those terms listed below for negotiation. By submitting an offer, Offeror agrees to comply with the requirements of the solicitation. Any Offer 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. Agency will only negotiate the following provision: OregonBuys Bid # 45900-00015401 Page 15 of 16  Term of the contract  Descriptions of goods and services  Compensation In the event that the parties have not reached mutually agreeable terms within thirty (30) calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Offeror. SECTION 5: ADDITIONAL INFORMATION 5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity. 5.2 CERTIFIED FIRM PARTICIPATION Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman- owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= oregon4biz If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed COBID Form (Attachment F) prior to execution. 5.3 GOVERNING LAWS AND REGULATIONS This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court. 5.4 OWNERSHIP/PERMISSION TO USE MATERIALS All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror 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 Offer solely for the purpose of evaluating the Offer, OregonBuys Bid # 45900-00015401 Page 16 of 16 negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). 5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES. Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part, or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer. 5.6 COST OF SUBMITTING AN OFFER Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests. 5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window. 5.8 RECYCLABLE PRODUCTS Offeror 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) SECTION 6: LIST OF ATT ACHMENTS ATTACHMENT A SAMPLE CONTRACT ATTACHMENT B AFFIDAVIT OF TRADE SECRET ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET ATTACHMENT D REFERENCE CHECK FORM ATTACHMENT E COST SHEET ATTACHMENT F COBID FORM ATTACHMENT G TAX AFFIDAVIT