Current through Register Vol. 63, No. 9, September 1, 2024
The Board will use the following procedure for Extensive
Procurements, except as provided for under OAR
111-005-0046 or
111-005-0048.
(1) Announcement. The Board will post
Solicitation notices for Benefit Plans or services on ORPIN. The Board may also
post Solicitation notices for Benefit Plans or services in trade periodicals or
newspapers of general or specialized circulation. The Solicitation notice will
include a description of the Benefit Plans r services sought, the scope of the
services required, evaluation and selection criteria, and a description of any
special requirements. The notice will invite qualified prospective Proposers to
submit Proposals. The notice will specify when and where to obtain the RFP,
where to return the Proposal, the method of submission, and the closing date.
(2) No remuneration will be
offered to prospective Proposers for attendance, travel, document preparation,
etc. unless otherwise specified in the RFP.
(3) Pre-proposal conference. Unless otherwise
specified in the RFP, the pre-proposal conference will:
(a) Be voluntary; and
(b) Be held in Salem, Oregon.
(4) Protest of RFP specifications;
request for change; request for clarification.
(a) Protest of RFP specifications.
(A) A Proposer may deliver a protest to the
SPC not less than ten calendar days prior to closing, unless otherwise
specified in the RFP.
(B)Protests
must be in writing and must include:
(i) A
detailed statement of the legal and factual grounds for the protest;
(ii) A description of the resulting prejudice
to the Proposer; and
(iii) A
statement of the desired changes to the RFP.
(C) OEBB will not consider a protest after
the submission deadline.
(D) OEBB
will provide notice to the protestor if it entirely rejects a protest. If OEBB
agrees with the protest, in whole or in part, it will issue an addendum
reflecting its determination under OAR 137-030-0055 and 137-047-0430 or cancel
the solicitation under 137-030-0115.
(E) If OEBB receives a written protest that
meets this rule's requirements, the closing may be extended if OEBB determines
an extension is necessary to consider the protest and to issue any addendum to
the RFP.
(b) Request
for change.
(A) A Proposer may submit a
written request to change the RFP specifications, unless otherwise specified in
the RFP. If the RFP allows requests for change and does not specify otherwise,
Proposer must deliver the written request for change to the SPC not less than
ten calendar days prior to closing.
(B) A request for change must include a
statement of the requested changes to the RFP specifications as well as the
reason for the requested change.
(C) OEBB will not consider a request for
change after the submission deadline.
(D) OEBB will provide notice to the requestor
if it entirely rejects a change. If OEBB agrees with the request for change, in
whole or in part, OEBB will issue an addendum reflecting its determination
under OAR 137-030-0055 and 137-047-0430 or cancel the Solicitation under
137-030-0115.
(E) If OEBB receives
a written request for change that meets this rule's requirements, closing may
be extended if OEBB determines an extension is necessary to consider the
request and to issue any addendum to the RFP.
(c) Request for clarification.
(A) A Proposer may submit a written request
for clarification of the RFP specifications, unless otherwise specified in the
RFP. If the RFP allows a request for clarification and does not specify
otherwise, a Proposer must deliver the written request for clarification to the
SPC not less than ten calendar days prior to closing.
(B) A Proposer may request that OEBB clarify
any provision of the RFP.
(C) OEBB
will not consider a request for clarification after the submission deadline.
OEBB's clarification to a Proposer, whether orally or in writing, does not
change the RFP and is not binding on OEBB unless the RFP is amended by
addendum.
(5)
Addenda to an RFP following a protest of RFP specifications, request for
change, or request for clarification.
(a)
Issuance; receipt. OEBB may change an RFP only by written addenda. A Proposer
must provide written acknowledgement of receipt of all issued addenda with its
Proposal, unless otherwise specified in the RFP.
(b) Notice and distribution. The RFP must
specify how OEBB will provide notice of addenda and make the addenda available.
(c) Timelines; extensions. OEBB
will issue addenda within a reasonable time to allow potential Proposers to
consider the addenda in preparing their Proposals. OEBB may extend the closing
if it determines potential Proposers need additional time to review and respond
to addenda. OEBB will not issue addenda less than 72 hours before the closing
unless an addendum also extends the closing, except to the extent required by
public interest.
(d) Request for
change or protest. A potential Proposer may submit a written request for change
or protest to the addendum by the close of OEBB's next business day after
issuance of the addendum, unless otherwise specified in the addendum.
(6) Submission. All
Proposals must comply with the RFP's specifications.
(a) If portions of a Proposal are deemed
unacceptable or non-responsive to the RFP's specifications, the Proposal in its
entirety will be deemed non-responsive and will not be given further evaluation
or consideration, unless a clarification of portions of the Proposal results in
a determination that it meets the RFP's specifications. If a Proposal is
delivered late, it will be deemed non-responsive, will not be given further
evaluation or consideration, and will be returned to the Proposer unopened.
(b) Submission of Proposals must
be in written hard copy or electronic format and must be delivered according to
the RFP's specifications. OEBB is not responsible for unreadable or incomplete
electronic transmissions or for electronic transmissions that are not received
by the SPC or designee as specified in the RFP by the closing date and time
stated in the RFP.
(7)
Evaluation. Proposals will be evaluated in accordance with the criteria set
forth in the RFP and applicable law. OEBB staff, Consultants, or other persons
designated by OEBB may provide recommendations to the Board on determining the
Competitive Range and selecting the ASP(s).
(8) Rejection of Proposal. OEBB may reject
any Proposal for good cause and deem it as non-responsive upon written finding
that it is in the best interest of Eligible Employees, Dependents, Eligible
Domestic Partners, and Eligible Early Retirees to do so or acceptance of the
Proposal may impair the integrity of the RFP process. OEBB will notify the
Proposer of the rejection in writing and provide the good cause justification
and finding. OEBB is not liable to any Proposer for any loss or expense caused
by or resulting from any rejection, cancellation, delay or suspension. Without
limiting the generality of the foregoing, OEBB may reject any Proposal upon
finding that the Proposal:
(a) Is contingent
upon OEBB's acceptance of terms and conditions (including the RFP
Specifications and requirements) that differ from the RFP;
(b) Takes exception to terms and conditions
set forth in the RFP;
(c) Attempts
to prevent public disclosure of matters in contravention of the terms and
conditions of the RFP or in contravention of applicable law;
(d) Offers services that fail to meet the
RFP's specifications or requirements;
(e) Is late;
(f) Is not in substantial compliance with the
RFP;
(g) Is not in substantial
compliance with all prescribed Procurement procedures;
(h) Is from a Proposer that has been debarred
as set forth in ORS 279B.130;
(i) Has failed to provide the certification
of non-discrimination required under ORS
279A.110(4); or
(j) Is from a Proposer found
non-responsible as described in OAR 111-005-0055.
(9) Intent to award, discuss, or negotiate.
After the protest period provided in subsection (4)(a) expires or after OEBB
has provided a final response to any protest, whichever date is later, OEBB may
engage in discussions and negotiations with Proposers in the Competitive Range.
(10) Discussions and negotiations.
If OEBB enters into discussions and negotiations with the Proposers in the
Competitive Range, it will proceed as follows:
(a) Initiating discussions. OEBB must
initiate oral or written discussions and negotiations with all of the Proposers
in the Competitive Range.
(b)
Conducting discussions. OEBB may conduct discussions and negotiations with each
Proposer in the Competitive Range as necessary to fulfill the purposes of this
section, but need not conduct the same amount of discussions or negotiations
with each Proposer. OEBB may terminate discussions and negotiations with any
Proposer in the Competitive Range at any time. In conducting discussions, OEBB
and its designees:
(A) Will treat all
Proposers fairly and will not favor any Proposer over another.
(B) Will not discuss Proposers' Proposals
with any other Proposers.
(C) Will
determine whether other factors such as Oregon residency of the primary
business office and Proposer demonstration of services and products, will be
used to determine the ASP, if a tie between Proposers occurs. OEBB may consider
any factors that it deems are in the public interest.
(c) At any time during the period allowed for
discussions and negotiations, OEBB may:
(A)
Continue discussions and negotiations with a particular Proposer or Proposers;
or
(B) Terminate discussions with
a particular Proposer and continue discussions with other Proposers in the
Competitive Range.
(d)
OEBB may continue discussions and negotiations with Proposers until determining
who will be awarded contracts.
(11) Notice of intent to award. OEBB will
provide written notice to all Proposers of its intent to award the contract or
contracts resulting from the RFP, unless otherwise specified in the RFP. OEBB's
award will not be final until the later of the following:
(a) Seven calendar days after the date of the
notice, unless the RFP provided a different period for protest; or
(b) OEBB's written response to all timely
filed protests that denies the protests and affirms the award.
(12) Right to protest award. An
adversely affected or aggrieved Proposer may submit a written protest of the
intent to award to the SPC. The protest must be made within seven calendar days
after issuance of the notice of intent to award the contract, unless otherwise
specified in the RFP.
(a) The protest must be
in writing and must specify the grounds upon which the protest is based.
(b) A Proposer is adversely
affected or aggrieved only if the Proposer would be eligible to be awarded the
contract in the event that the protest were successful, and the reason for the
protest is that:
(A) All higher ranked
Proposals are nonresponsive;
(B)
OEBB has failed to conduct the evaluation of Proposals in accordance with the
criteria or processes described in the RFP;
(C) OEBB has abused its discretion in
rejecting the protestor's Proposal as nonresponsive; or
(D) OEBB's evaluation of Proposals or OEBB's
subsequent determination of award is otherwise in violation of OEBB's rules or
ORS 243.860 to
243.886.
(c) OEBB will not consider a protest
submitted after the time period specified in this rule or after the time period
specified in the RFP, if different than the time period specified in this rule.
(d) The Board, OEBB staff, or
their designee has the authority to settle or resolve a written protest meeting
the submission requirements of this rule.
(e) If a protest is not settled, the Board,
OEBB staff, or their designee will promptly issue a written decision on the
protest. Judicial review of this decision will be available only as provided by
statute.
(13) Award of
contracts. OEBB will approve the ASP(s), taking into consideration any
recommendations made by OEBB staff, Consultant, or designees and the evaluation
criteria included in OAR
111-002-0005(3)
and the RFP. Selection criteria may include, but is not limited to, Contractor
or Consultant availability; capability; experience; approach; compensation
requirements; financial standing; previous litigation and remedy applied;
customer service history with OEBB and the members and customers it serves;
debarment status; and references.
(14) Contract. The ASP(s) must promptly
execute the contract after the award is final and all contractual terms and
conditions have been negotiated and agreed upon, consistent with any
timeline(s) included in the RFP. OEBB will execute the contract only after it
has obtained all applicable required documents and approvals.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7 OL
2007
