intermediate rfp template - oregon.gov to new knowledge and ideas. these activities must be...

14
RFA #525-1051-18/ 17-223 Summer Conservation Corps Version 2.1 - April 18, 2016 Page 1 of 14 STATE OF OREGON COVER PAGE HIGHER EDUCATION COORDINATING COMMISSION OREGON YOUTH CONSERVATION CORPS 2018 SUMMER CONSERVATION Request for Grant Applications (RFA) #525-1051-18/ 17-223 Date of Issue: January 29, 2018 Closing Date: February 26, 2018 Single Point of Contact (SPC): Lisa Goonan Address: 255 Capitol Street NE City, State, Zip Salem, OR 97310 Phone (voice) 503-947-2426 E-mail: [email protected] In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio tape, oral presentation, and computer disk. To request an alternate format, call the SPC.

Upload: dinhkhanh

Post on 19-Apr-2018

216 views

Category:

Documents


3 download

TRANSCRIPT

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 1 of 14

STATE OF OREGON

COVER PAGE

HIGHER EDUCATION COORDINATING COMMISSION

OREGON YOUTH CONSERVATION CORPS 2018 SUMMER CONSERVATION

Request for Grant Applications (RFA)

#525-1051-18/ 17-223

Date of Issue: January 29, 2018

Closing Date: February 26, 2018

Single Point of Contact (SPC): Lisa Goonan

Address: 255 Capitol Street NE

City, State, Zip Salem, OR 97310

Phone (voice) 503-947-2426

E-mail: [email protected]

In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio tape, oral presentation, and computer disk. To request an alternate format, call the SPC.

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 2 of 14

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION ........................................................................................................ 3 1.1 INTRODUCTION ................................................................................................................................................................................................... 3 1.2 SCHEDULE ............................................................................................................................................................................................................... 3 1.3 SINGLE POINT OF CONTACT (SPC) .......................................................................................................................................................... 4

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE ............................................................................... 4 2.1 AUTHORITY ............................................................................................................................................................................................................ 4 2.2 DEFINITION OF TERMS ................................................................................................................................................................................... 4 2.3 OVERVIEW .............................................................................................................................................................................................................. 5 2.4 SCOPE OF WORK ................................................................................................................................................................................................. 5

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION ................................................ 8 3.1 MINIMUM REQUIREMENTS ......................................................................................................................................................................... 8 3.2 MINIMUM SUBMISSION REQUIREMENTS ........................................................................................................................................... 8 3.3 PROCUREMENT PROCESS ............................................................................................................................................................................. 8 3.4 APPLICATION CONTENT REQUIREMENTS ..................................................................................................................................... 10 3.5 EVALUATION PROCESS ................................................................................................................................................................................ 10 3.6 POINT AND SCORE CALCULATIONS..................................................................................................................................................... 11 3.7 RANKING OF APPLICANTS ......................................................................................................................................................................... 12

SECTION 4: AWARD AND NEGOTIATION .................................................................................................. 13 4.1 AWARD NOTIFICATION PROCESS ......................................................................................................................................................... 13 4.2 SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS ...................................................................................................... 13 4.3 AGREEMENT NEGOTIATION .................................................................................................................................................................... 13

SECTION 5: ADDITIONAL INFORMATION................................................................................................. 14 5.1 GOVERNING LAWS AND REGULATIONS ........................................................................................................................................... 14 5.2 OWNERSHIP/PERMISSION TO USE MATERIALS ......................................................................................................................... 14 5.3 CANCELLATION OF RFA; REJECTION OF APPLICATIONS; NO DAMAGES. ................................................................... 14 5.4 COST OF SUBMITTING A APPLICATION ............................................................................................................................................ 14

SECTION 6: LIST OF ATTACHMENTS .......................................................................................................... 14 ATTACHMENT A SAMPLE GRANT AGREEMENT ........................................................................................................................................ 14 ATTACHMENT B APPLICATION FORM ............................................................................................................................................................. 14

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 3 of 14

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Higher Education Coordinating Commission (“Agency” or “HECC”), is issuing this Request for Grant Applications for the 2018 Summer Conservation Corps.

The Oregon Youth Conservation Corps (OYCC) is a program housed within HECC. OYCC creates meaningful opportunities for youth through significant resource projects that enhance the Oregon community. OYCC provides grant funding, training and resources to youth-serving agencies across Oregon. OYCC is administered by HECC’s Office of Workforce Investments (OWI).

OYCC provides funding for youth work crews throughout Oregon to complete projects such as trail construction and maintenance, landscaping, planting, wetlands/bank/stream restoration, invasive species removal, construction, gardening, and greenhouse projects. The Summer Conservation Corps (SCC) is OYCC’s largest state-funded program, with the goal of having a local program in each of Oregon’s 36 counties. The primary objective of an SCC program is to provide paid summer employment opportunities for youth where they gain valuable job skills while completing natural resource projects.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

HECC anticipates the award of 36 Grant Agreements (the Agreement/s) for up to $12,500 each. HECC will provide an additional flat amount of $500 to each successful Applicant that opts to participate in Adopt-A-River.

Adopt-A-River is an optional component that is described in more detail here: http://www.solveoregon.org/. Applicants who elect not to participate in Adopt-A-River will not be penalized (monetarily or during application evaluation) for opting out of this activity during the RFA process. Applicants will not be eligible for the $500 incentive if they opt out during this application process, even if they complete the activity during the eligible work season.

The term of each Agreement will be from June 1, 2018 through September 30, 2018.

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 RFA.

Event Date Time

Questions/Requests for Clarification Due February 5, 2018 4:00 PM

Closing (Applications Due) February 26, 2018 4:00 PM

Notice of Award (approximate) April 16, 2018

Issuance of Grant Agreement (approximate) April 30, 2018

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 4 of 14

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFA is identified on the Cover Page, along with the SPC’s contact information. Applicants shall direct all communications related to any provision of the RFA, whether about the technical requirements of the RFA, Agreement requirements, the RFA process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY

Agency is issuing this RFA pursuant to its authority under ORS 418.657.

2.2 DEFINITION OF TERMS

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

2.2.1 General Definitions

Addendum/ Addenda means an addition to, deletion from, a material change in, or general interest explanation of this RFA.

Application means a written response to this RFA.

Applicant means a person who submits an Application in response to this RFA.

Closing means the date and time specified in this RFA as the deadline for submitting Applications.

State means the state of Oregon.

2.2.2 Project Specific Definitions

Positive Youth Development (PYD) is an intentional, pro-social approach that engages youth within their communities, schools, organizations, peer groups, and families in a manner that is productive and constructive; recognizes, utilizes, and enhances youths’ strengths; and promotes positive outcomes for young people by providing opportunities, fostering positive relationships, and furnishing the support needed to build on their leadership strengths (defined by the Interagency Working Group on Youth Programs).

Direct Program Costs are those expenditures that directly support the project. Examples include but are not limited to: salaries, tools, transportation of the crew, crew supplies, personal supplies (e.g. boots, gloves, etc.) or other costs that are tied directly to the project.

Administrative/Indirect Costs are those expenditures for activities that are necessary for the support of the program but are not directly tied to the program. Examples of these costs include but are not limited to: salary-related expenses, miscellaneous office supplies, costs incurred for grant reporting requirements, accounting costs, etc.

Leverage is a financial commitment toward the costs of a project from a source other than the granting organization through cash and/or in-kind contribution. Leverage can be achieved by a commitment from the grantee or through various partnerships.

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 5 of 14

Youth at-risk and disadvantaged are those who may be unable to achieve the educational, economic, or social expectations of their community.

Additional definitions can be found in the OYCC glossary of terms located at http://www.oyccweb.com.

2.3 OVERVIEW

OYCC has the responsibility of implementing ORS 418.650 through 418.663, the general purposes of which are:

To establish a disadvantaged and at-risk youth work program in order to perform conservation work of public value in the most cost-effective manner;

To utilize such a program as a means of needed assistance to protect, conserve, rehabilitate and improve the natural, historical and cultural resources of the state; and

To utilize such a program to increase educational, training and employment opportunities for disadvantaged and at-risk youth for the purpose of improving work skills, instilling the work ethic and increasing employability.

2.4 SCOPE OF WORK

OYCC SCC funds programs that provide summer employment for youth during which they gain valuable work skills training with an emphasis on education. OYCC’s goal is to fund programs that last approximately 6 weeks in order to provide a meaningful experience. Youth complete work projects focusing on natural resource enhancement in a crew setting. Work projects must protect, conserve, rehabilitate and improve the natural, historical, and cultural resources of Oregon.

Applicants must be physically located in the county for which the grant funds are targeted. For Applicants who serve a community that falls within two counties, project work will be allowed in both counties. Youth may also be hired from both counties. However, the majority of the work will need to be completed in the county for which the funds are targeted. For these purposes, a community is defined as a school district, city, county or sovereign nation.

Applicants must hire local youth from the county for which the grant funds are targeted, and youth must be paid at least Oregon’s minimum wage. Youth may not be paid a stipend.

Applicants must develop a community-based, community-focused program. Successful SCC programs involve the collaboration of many community organizations. It is highly recommended that Applicants partner with a local school district to provide credit to the youth who are working towards their high school diploma.

The number and types of credit differ between districts. If you are awarded a Grant Agreement, please contact OYCC if you have difficulty arranging for credit with your local schools.

Staff for the Applicant should include both a Crew Leader and a project funding development person. Someone with the time to develop projects and funding sources will enhance the program measurably. OYCC considers a crew to be no less than 4 youth (preferably at least 5) working together to achieve a common goal.

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 6 of 14

Crew Leaders must attend an OYCC-sponsored training in Bend, Oregon on June 19-21, 2018.

Summer Conservation Corps Goals:

The primary goals for SCC are:

Increased job skills (workforce development)

Paid, real job experience

Enhancement of the environment

Increased community stewardship opportunities for youth

Opportunity to earn academic credit

Positive Youth Development (PYD)

Educational/enrichment activities, defined as supplemental discovery and exposure to new knowledge and ideas. These activities must be intentional and go beyond the normal skill-building opportunities that are gained in day-to-day work activities. Examples include but are not limited to:

o Ropes course

o Journaling

o Plant/ animal identification

o First Aid/ CPR

o Food Handler’s Card

o Canoe/ rafting trips

o Camping trips

o Guest speakers

o Museum tours

o College tours

o Hiking/ backpacking

o Nutrition classes

o Taxes/ money management

o Map/ GPS reading

o Certifications

OYCC will not fund:

Individual placements

Capital projects

Third party beneficiaries in which grants are sub-granted or contracted out

Crews of less than 4 youth

Projects that span over multiple counties or are completed in a different county than the grant was approved for (an exception is described in Section 2.4)

Lobbying

Projects on private land (exceptions are described below)

Programs that charge tuition

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 7 of 14

Target Population:

Local Oregon youth ages 13 – 24 (Corpsmembers who will turn 25 during the course of employment are not eligible).

OYCC is committed to diversity in the crew setting. The crew makeup will reflect the local community and include a gender, ethnic, cultural, and social mix.

75% of youth served must meet OYCC’s disadvantaged and at-risk definition.

Successful Applicants must develop safety, work site, orientation, education, and emergency plans in compliance with state and federal law. These plans must be in place prior to operating a SCC crew. In addition, successful Applicants will be required to complete online surveys as well as provide a final project report to OYCC. These components will be described in detail in the Grant Agreements.

As per ORS 418.663, projects cannot displace currently employed workers, impair existing contracts, substitute jobs, or replace laid off workers.

Projects cannot exceed 20% of time spent on repetitive up-keep projects (e.g. cleaning bathrooms, mowing lawns). Fence and trail maintenance may be exempt from this requirement, at OYCC’s discretion. Projects should be meaningful.

Types of eligible projects include but are not limited to:

Rangeland conservation, rehabilitation, and improvement;

Endangered species and other wildlife habitat conservation, rehabilitation, and improvement;

Historical and cultural site preservation and maintenance;

Recreational area development, maintenance, and beautification;

Road and trail maintenance and improvement;

Soil conservation work, including erosion control;

Stream, lake, and waterfront improvement;

Fish culture and habitat maintenance and improvement;

Some fence maintenance and construction, at OYCC’s discretion;

Planting, tending, and harvesting a community garden; and

Energy conservation projects ORS 418.660(1)(n)

Projects on private land are not encouraged, but are allowed under certain circumstances. Projects must enhance the community. Therefore, projects completed on private land must meet all three of the following guidelines:

Corpsmember work skills and education objectives are increased;

Public benefit is clearly defined, and;

Public benefit is greater than any benefit to the private landowner.

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 8 of 14

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM REQUIREMENTS

To be considered for evaluation, Application must demonstrate how Applicant meets all of the following requirements:

Applicants must demonstrate they have expertise to operate a youth-serving program. Applicants are encouraged to partner with natural, social, cultural, and historical resource agencies to ensure a variety of projects and technical expertise.

Applicants must be physically located in the county for which the grant funds are targeted.

Applicants must agree to pay Oregon’s minimum wage.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Application Format and Quantity

Application must include everything listed in the Application Content Requirements section. Applicant shall submit one electronic copy of its Application.

3.2.2 Authorized Representative

A representative authorized to bind the Applicant shall sign the Application. Failure of the authorized representative to sign the Application may subject the Application to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

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

Agency will advertise all Addenda on ORPIN. Prospective Applicants are solely responsible for checking ORPIN to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFA by this reference.

3.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the RFA process, administration, deadline or method of award, or to the intent or technical aspects of the RFA must:

Be emailed to the SPC;

Reference the RFA number;

Identify Applicant’s name and contact information;

Be sent by an authorized representative;

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 9 of 14

Refer to the specific area of the RFA being questioned (i.e. page, section and paragraph number); and

Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule.

3.3.3 Pre-Application Conference

A pre-Application conference will not be held for this RFA.

3.3.4 Application Submission

Applicant is solely responsible for ensuring its Application is received by the SPC in accordance with the RFA requirements before Closing. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Applications submitted by any means not authorized may be rejected.

3.3.5 Modification or Withdrawal of Applications

Any Applicant who wishes to make modifications to an Application already received by Agency shall submit its modification in one of the manners listed in the Application Submission Options section and must denote the specific change(s) to the Application submission.

If an Applicant wishes to withdraw a submitted Application, it shall do so prior to Closing. The Applicant shall submit a written notice signed by an authorized representative of its intent to withdraw its Application. The notice must include the RFA number and be submitted to the SPC.

3.3.6 Application Due

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

Applications received after Closing are considered LATE and will NOT be accepted for evaluation. Late Applications will be returned to the respective Applicants or destroyed.

3.3.7 Application Rejection

Agency may reject an Application for any of the following reasons:

Applicant fails to substantially comply with all prescribed RFA procedures and requirements, including but not limited to the requirement that Applicant’s authorized representative sign the Application in ink.

Applicant makes any contact regarding this RFA with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

Applicant attempts to inappropriately influence a member of the evaluation committee.

Application 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 RFA or Addenda.

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 10 of 14

3.4 APPLICATION CONTENT REQUIREMENTS

Application must address each of the items listed in this section and all other requirements set forth in this RFA. Applicant shall describe the goods to be provided or the services to be performed or both. An Application that merely offers to provide the goods or services as stated in this RFA will be considered non-responsive to this RFA and will not be considered further.

3.4.1 Application Form

Applicant shall complete and submit the Application Form (Attachment B).

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Applications received prior to Closing will be reviewed for responsiveness to all RFA requirements including compliance with Minimum Requirements section and Application Content Requirements section. If the Application is unclear, the SPC may request clarification from Applicant. However, clarifications may not be used to rehabilitate a non-responsive Application. If the SPC finds the Application non-responsive, the Application may be rejected, however, Agency may waive minor mistakes in its discretion.

At any time prior to award, Agency may reject an Applicant found to be not responsible.

3.5.2 Evaluation Criteria

Applications meeting the requirements outlined in the Application Content Requirements section will be evaluated by an evaluation committee. Evaluators will assign a score of 0 to 10 for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the evaluation committee in gaining additional understanding of Applications. A response to a clarification request must be to clarify or explain portions of the already submitted Application and may not contain new information not included in the original Application.

SCORE EXPLANATION

10

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Applicant provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

5 ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Applicant.

1 – 4 FAIR – Applicant meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0 RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFA. Applicant has not demonstrated knowledge of the subject matter.

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 11 of 14

3.5.2.1 Evaluation Item 1 (Applicant’s Project)

o How well is the project(s) defined, and to what extent does the project support OYCC’s mission?

3.5.2.2 Evaluation Item 2 (Community Engagement)

o How well does the project provide connections and enhancements to the community?

o How well does Applicant describe what makes their project(s) unique?

3.5.2.3 Evaluation Item 3 (Impacts on Youth)

o How well does the project incorporate techniques that will empower youth, including but not limited to building competence, connection, character, and confidence?

o To what extent does the project help youth gain workplace skills (e.g. punctuality, communication, work ethic, etc) and address the primary goals listed in the statement of work?

o How well does the project incorporate enrichment activities that provide for supplemental discovery and exposure to new knowledge and ideas?

3.5.2.4 Evaluation Item 4 (Educational Outcomes)

o To what extent does the project(s) include a blend of youth education, both in academics and skill-building?

3.5.2.5 Evaluation Item 5 (Budget)

o To what extent does Applicant’s proposed budget reflect current cost trends and provide a majority of funding toward Corpsmembers’ salaries?

o How well does Applicant describe and itemize its proposed expenditures in the budget narrative?

3.5.2.6 Evaluation Item 6 (Partners)

o How well does the Applicant describe partners, including what role the partners play in the program?

3.6 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 12 of 14

Points possible are as follows:

EVALUATION ITEM POINTS

POSSIBLE

3.5.2.1 Applicant’s Project 20

3.5.2.2 Community Engagement 15

3.5.2.3 Impacts on Youth 25

3.5.2.4 Educational Outcomes 20

3.5.2.5 Budget 10

3.5.2.6 Partners 10

TOTAL POINTS POSSIBLE 100

EXAMPLE:

Applicant A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Applicant A’s points for the criterion is 45.

3.7 RANKING OF APPLICANTS

Agency’s intent is to provide funding that supports programs across the state. To support this effort, Agency will evaluate each county’s Applications as a standalone pool. For example, Applicants who target Multnomah County will not be competing against Applicants who target Wallowa County.

If there is only 1 Application for a given county, that Application will be evaluated using the same criteria; however, single Applications will receive scores of pass or fail rather than points. Applications that receive passing scores on at least 3 evaluation items will be eligible for award.

If there is a county that is not represented by an eligible Application, Agency reserves the right to reallocate funds in a manner that may cause a different county to receive more than 1 award. Agency also reserves the right to develop a program in a county not represented by an eligible Application.

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 cost (if applicable). SPC will determine rank order for each respective Application and Applicant, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 13 of 14

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

Agency, if it awards an Agreement, shall award an Agreement to the highest ranking responsible Applicants(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this RFA.

4.2 SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

4.2.1 Taxpayer Identification Number

The apparent successful Applicant(s) 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, or

When the backup withholding status or any other information of Applicants 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.

4.3 AGREEMENT NEGOTIATION

4.3.1 Negotiation

By submitting an Application, Applicant agrees to comply with the requirements of the RFA, including the terms and conditions of the Sample Agreement (Attachment A), with the exception of those terms reserved for negotiation. Applicant shall review the attached Sample Agreement and note exceptions. Unless Applicant notes exceptions in its Application, the State intends to enter into an Agreement with the successful Applicant(s) substantially in the form set forth in Sample Agreement (Attachment A). It may be possible to negotiate some provisions of the final Agreement; however, many provisions cannot be changed. Applicant is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Applications.

Any Application that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

All items, except those listed below, may be negotiated between Agency and the apparent successful Applicants in compliance with Oregon State laws:

Choice of law

Choice of venue

Constitutional requirements

All applicable Federal and State requirements

In the event that the parties have not reached mutually agreeable terms within 14 calendar days, Agency may terminate negotiations and commence negotiations with the next highest ranking Applicant.

RFA #525-1051-18/ 17-223 – Summer Conservation Corps

Version 2.1 - April 18, 2016 Page 14 of 14

SECTION 5: ADDITIONAL INFORMATION

5.1 GOVERNING LAWS AND REGULATIONS

This RFA is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFA, 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 from the jurisdiction of any court.

5.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Applications submitted in response to this RFA become the Property of Agency. By submitting an Application in response to this RFA, Applicant 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 Application solely for the purpose of evaluating the Application, negotiating an Agreement, if awarded to Applicant, or as otherwise needed to administer the RFA process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). Applications, including supporting materials, will not be returned to Applicant unless the Application is submitted late.

5.3 CANCELLATION OF RFA; REJECTION OF APPLICATIONS; NO DAMAGES.

Agency may reject any or all Applications in-whole or in-part, or may cancel this RFA 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 Applicant for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFA, award, or rejection of any Application.

5.4 COST OF SUBMITTING A APPLICATION

Applicant shall pay all the costs in submitting its Application, including, but not limited to, the costs to prepare and submit the Application, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE GRANT AGREEMENT

ATTACHMENT B APPLICATION FORM