RFP - DEFINED BENEFIT ADMINISTRATION BENCHMARKING ANALYSIS

RFP - DEFINED BENEFIT ADMINISTRATION BENCHMARKING ANALYSIS

DEFINED BENEFIT ADMINISTRATION BENCHMARKING ANALYSIS REPORTS

OregonBuys Bid # 45900-00015401
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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

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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

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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.

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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.

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 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.

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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.

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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:

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 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.

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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.

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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).

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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.

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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

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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.

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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:

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 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,

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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