The State of Oregon



STATE OF OREGON

DEPARTMENT OF ADMINISTRATIVE SERVICES

HUMAN RESOURCES SERVICES DIVISION Statewide Training and Recruitment

Issues the Following

REQUEST FOR PROPOSAL

Number 107-1557-08

Wise Installation Studio Training

Date of Issuance: May 01, 2008

Proposals Due Date: May 28, 2008, 4:00 p.m., PST

Issuing Office: State of Oregon, Dept. of Administrative Services

Operations Division, Contract Services

Robert L Shike, Contract Specialist

155 Cottage Street NE, U90

Salem, OR 97301-3966

Voice: (503) 378-2350 ext. 389

Fax: (503) 373-1273

TABLE OF CONTENTS

ITB Introduction, Closing Date and Time, etc..……….Page 1

Table of Contents…………………………………………………Page 2

Section 1: Purpose of Solicitation……..…………………..Page 3

Section 2: Scope of Work……………………………………..Pages 4-9

Section 3: Proposal Requirements ………………………..Pages 10-12

Section 4: Evaluation of Proposals…………………….…..Pages 13-16

Section 5: Selection and Award……………………………..Page 16

Section 6: Solicitation Schedule and Procedures……..Page 17-19

Attachment 1: Sample Contract……………………………..Pages 20-30

Exhibit A: Statement of Work…………………………………Pages 31-36

Exhibit B: Insurance Requirements…………….………….Page 37

Exhibit C: Independent Contractor Form………………..Page 38-39

Exhibit D: Contractor Personnel…………………………….Page 40

Exhibit E: Agency Personnel…………………………………..Page 41

Attachment 2: Sample Bidder’s Pricing Worksheet…..Page 42

Attachment 3: Invoicing Sample….………………….……...Page 43

Attachment 4: Reference Form……………………….……...Page 44

Section 1: Purpose of this Solicitation

This Request for Proposals (“RFP”) solicits competent and experienced instructors from qualified vendors to provide intensive training for “Wise Installation Studio Training” for state and local government employees in the State of Oregon. The Department of Administrative Services (DAS), Human Resource Services Division (HRSD) anticipates one or more sessions, but does not guarantee that any classes or workshops will result for this contract.

1. Sole Point of Contact (SPC)

All questions relating to this solicitation shall be directed to the person listed below:

Robert L. Shike

Contract Services Section

Department of Administrative Services

155 Cottage Street NE, U90

Salem, Oregon 97301-2556

Telephone: (503) 378-2350 ext. 389

Fax: 503-373-1273

E-mail: robert.shike@state.or.us

1.2 Addenda

Any change or modification to the specifications, terms and conditions, or the procurement process will be made in the form of an Addendum to this RFP and will be advertised on the Oregon Procurement Information Network (ORPIN) system.

3. Project Completion Date

We expect the selected vendors to be partners and provide training as needed, potentially up to one year contract with the option of one year extension.

Section 2: Scope of Work

2.1 Detailed Description of Work:

DAS has provided below a skeletal topical outline of the material it expects Proposer to discuss in the curriculum. However, this outline does not define or limit Proposer’s responsibilities of choices in developing and structuring a curriculum that will meet DAS objectives.

The successful Proposer must be flexible and willing to work with DAS to provide a curriculum of training that meets evolving DAS standards and needs. The Proposer must be proactive in suggesting tactics to meet DAS training objectives—providing recommendations on specific workshops and class formats, for example.

2.2 Proposer Responsibilities

The Proposer shall be responsible for providing the following deliverables:

A. Provide on-site instructor-led instruction at the Oregon State Training facility on the topics listed below:

1. Windows Installer Review

•About Windows Installer

•Advantages of Windows Installer

•About logo certification

• About the Windows Installer service

• About the Windows Installer relational database

• About Windows Installer functionality

• Obtaining Windows Installer

2. Wise for Windows Installer Overview

• Look at an existing .MSI file

• Interface overview

3. Building a Complete Project with Installation Expert

• Before you start a project

• Create a new installation

• Build your installation

• Set system information

• Customize the installation for users

• Define releases

• Compile and test your installation project

• Distribute your installation

4. MSI Script

• About MSI Script

• Adding and editing action

• Guidelines for using custom actions

5. Setup Editor

• Setup Editor overview

6. About .NET Framework

• .NET overview

• Using the Visual Studio Integrated Editor

• Creating installations for .NET

7. Merge Modules and Transforms

• Merge module overview

• Transform overview

8. Patches and Upgrades

• Updating installations

• Preparing to patch and upgrade

• Applying a patch

• Adding an upgrade

9. Component Rules

• About component rules

• Selecting a component rule set

• Customizing component rules

• Using component rules to align GUIDs in an upgrade

10. Software Manager

• Introduction to Software Manager

• Introduction to the Software Manager database

using the Software Manager database Share Point

• Using Software Manager

• Importing packages

• Grouping packages

11. Tools

• Tools overview

• ApplicationWatch

• Package Distribution

• MSI to WSI Conversion Wizard

• Package Validation

• Visual MSIDiff

12. Validating Packages

• Package validation

13. Advanced Dialogs

• Dialog control properties

14. Debugger

• Debugger for Windows Installer overview

15. WiseScript Package Editor

• Script Editor overview

• Standard script actions

• Using expressions to evaluate actions

• Using the Debugger

• Designing a script

16. Wizard Loops

• Wizard loop overview

17. Custom Dialogs

• Custom Dialog Editor overview

• Working with the Custom Dialog Editor

18. Uninstalling an Application

• Uninstall support overview

• Customizing the uninstall

19. WiseUpdate Client

• WiseUpdate Client process

• Using WiseUpdate

• Tips and troubleshooting

20. Virtual Package Editor

• Understanding Software Virtualization Solution

• Creating SVS layers

• Understanding layer exclusions

• Understanding data layers

21. Resources

• Customize the classes and workshops, as requested by DAS

B. Provide workbooks or training manuals and other written materials and handouts, as necessary, for each course, for each participant, to include explanations and the instructions for the classroom exercises for students to take back to their work site. The Table of Contents in the student course manual must align w/ the topics to be covered from course outline.

C. Provide one page cheat-sheets for software programs, upon request of participant.

D. Provide hands-on/non instruction in a laboratory or classroom situation.

E. Coordinate with DAS/ Statewide Training and Development Services to establish a schedule of courses for each training need(s).

F. Provide written course descriptions and written course outlines so that staff know what to expect in each class and which class is most appropriate for their skill level.

G. Customize the training so that it matches the software and server configuration for the Agency served.

H. Discuss with DAS management IT training consultant any changes or improvements that could be made to make the training more effective, such as class size, scheduling, topics covered, and software configuration.

2.3 Special Considerations

1. Contractor will provide an instructor(s) who has: prior experience teaching this course and a thorough understanding of the concepts and information necessary to answer participant questions. DAS shall have the right, in its sole discretion, to reject any instructor at any time. Upon such request from DAS, the instructor shall immediately leave the training facility, and Contractor shall arrange with DAS to replace the instructor at a mutually agreeable future date with an instructor acceptable to DAS. DAS retains the right to request a different instructor for future workshops, if the result of the participants’ evaluation indicated more than 50% dissatisfaction for that instructor.

2. Instructors must arrive at least one half hour prior to the start of each class or workshop on the first day of the course for briefing from the DAS class coordinator and computer technician. On subsequent days, instructors must arrive at least 15 minutes prior to the start of the class or workshop to be available for participants’ questions before the start of the class or workshop.

3. Instructors must wear business casual dress attire.

4. DAS will prepare and provide certificates of completion for participant Contractor shall not ask students to complete evaluation form. DAS will conduct course evaluations and provide Contractor with a summary.

5. Contractor shall not advertise, in any fashion, the resulting award of a Contract without prior consent of DAS.

6. Contractors may not market or sell their services during class. If it appears that participants are interested in another type of class, Contractor or Contractor’s instructor should pass this information to the DAS Training Unit Education Coordinator.

7. Contractor or Contractor’s instructor must not initiate contact with participants after the class. However instructors may talk to participants (or return calls) if the participant is initiating contact after the class (i.e., for clarification or assistance on the course materials/information).

8. Contractor shall provide software within the offered costs if the training facility does not have the software.

9. Contractor will not bill DAS for any class cancellation, if DAS has provided 30 days notice.

Contractor may agree to a shorter notice period at no cost to agency. Any change in notice shall be agreed to in writing. If the revised notice is not provided, within the agreed upon period, cancellation charges may apply.

2.4 Course Location, Facility, & Hours:

Location: Classes will primarily be conducted at DAS Training Facility (Capitol Learning Center). It is located at the State Library Building, 250 Winter Street NE, Salem, Oregon 97301-2556. DAS will provide the training facility at no charge to Contractor. However, classes may need to be delivered at other venues across the state as needed.

Facility, Classroom Systems & Software:

The Capitol Learning Center has a computer lab with seating capacity of up to 16 students, and a classroom that has a seating capacity of up to 20 students. The facility has the following equipment/software installed in the training room:

• The classroom and computer laboratory are set up with Instruction Station that has a PC with:

- Adobe Pagemaker 7.0

- Acrobat Reader 6.0.2

- Adobe Acrobat 5.0

- MS Office XP (Access, Excel, Powerpoint, Word)

- MS Office 2003 Professional (Access, Excel, Powerpoint, Word)

- MS Office 2007 (only upon request)

- MS Outlook XP

- Internet Explorer 6.1

- T1 connection

- Infocus projector and screen

- White board

- Flip charts

- Laptop connectivity to the projector

- Other Microsoft products, available upon request

Session Schedule and Hours: As requested by DAS and pursuant to a schedule to be agreed upon by DAS and Contractor, Contractor will provide training classes or workshops. Each session is one (1) business day of seven hours: from 8:30 am to 4:30 pm, with one (1) hour for lunch (normally noon to 1:00) and two (2) fifteen minute breaks (one mid-morning and one mid-afternoon).

2.5. Payment Provisions

a. The total not to exceed amount is $ xxxx which includes travel expenses. DAS will pay contractor the amount based on the pricing worksheet (Attachment 2) for each on site class or workshop.

b. DAS reserves the right to renegotiate the price.

c. DAS will not reimburse Contractor for travel expenses. All travel expenses must be included in the price per workshop (per day basis - see Attachment 2) the Cost Proposal.

d. Contractor may seek a Unit price increase by submitting a written request to DAS, including all appropriate price documentation, within the period specified in the Renewal Notice. If approved, the Unit price increase shall be firm for the duration of the Extension Term. Provided, however, no more than one Unit price increase shall be allowed during any twelve-month period regardless of the number of Extension Terms entered into during that time. Maximum percentage increase shall not exceed the Consumer Price Index (CPI) rate, as published by the U.S. Bureau of Labor Statistics, for the latest period reported for Portland/Salem, Oregon, under classification "Urban Consumers."

e. Contractor shall submit invoice for work performed, as requested by Authorized Purchaser using the invoice format in Attachment 3.

f. Invoice Acceptance Criteria:

1. Confirmation that class occurred;

2. Contractor evaluation rating for each class shall include student

feedback, instructor performance, quality and use of materials, delivery

of all learning objectives, instructor preparedness and expertise;

3. The pricing provided is the agreed upon price.

2.5. Contract Amendments

This is a one year contract with one year extension. DAS reserves the right to amend the Contract for the Anticipated Amendments, listed below, in accordance with the rules of OAR 125-246-0560.

ANTICIPATED AMENDMENTS

1. Amendment to extend the term of the Contract.

2. Amendment to add additional services, or classes or workshops.

3. Amendment to change the total maximum compensation.

Section 3: Proposal Requirements

3.1 Format, signatures, and copies

3.1.1 Terms and Conditions

By submitting a proposal, the Proposer agrees:

a. That no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not submit a proposal.

b. That any submitted response and costs shall remain valid for a minimum of ninety (90) days after the proposal due date or until a Contract is executed, whichever comes first.

c. To be bound by all Contract terms and conditions stated in the RFP, including those stated in the sample Contract attached to the RFP and those negotiated, if any.

d. That Proposer, if awarded the Contract, will be authorized to do business in the State of Oregon at the time of the Contract Award.

3.1.2 Due Date

Proposals shall be received by the SPC (see 1.1 of RFP) no later than the closing date and

time specified in ORPIN at the address listed on the front page of the RFP. Proposals may

be delivered via U.S. Mail or courier, or hand-delivered. Proposals shall be sent to the

attention of the SPC’s name. Late, faxed or electronically transmitted Proposals shall not

be accepted.

Request for Proposal for Solicitation # 107-1557-08 must be received by

4/28/08, on or before 4:00 pm, Pacific.

Address label must include:

The RFP Title and Opportunity #

Due Date and Time

Proposal will be received only at:

State of Oregon, Dept. of Administrative Services

Robert L. Shike, Contract Services

155 Cottage St NE, U90

Salem, OR 97301-2556

Voice: (503) 378-2350 ext. 389

Fax: (503) 373-1273

3.1.3 Format, Signatures, and Copies

Submissions in response to this RFP should be in the form of a Proposal

Package containing:

a. One original copy

b. Two copies of the proposal, and all required supporting information and completed documents.

3.1.4 DAS will accept proposals submitted by mail or in person. No electronic, faxed

or late Proposal submissions. Mis-deliveries, late, faxed or electronic submittals will

be considered non-responsive, with no exceptions.

3.2 Mandatory Workshop Proposal Response Requirements

Responses to this Solicitation must include:

3.2.1 A cover sheet (Please see Attachment 4 for cover sheet template) signed by a duly

authorized representative empowered to bind the Proposer.

3.2.2 Provide written course descriptions and written course outlines so that staff know

what to expect in each class and which class is most appropriate for their skill level.

3.2.3 A Workshop Proposal (Three (3) copies to be provided) that addresses:

a) All requirements of “Section 2: Scope of Work”;

b) Workshop Questions (full, direct & substantive answers are

required):

b.1.) How do you ensure high quality instructors?

b.2) Provide a current resume of the instructor who will be assigned that clearly

shows the instructor’s period of experience teaching and training this workshop(s).

b.3) Full outlines of a complete training.

b.4.) Describe your ability to meet our scheduling needs;

b.5.) Describe your process in providing a response to unsatisfactory ratings.

c) Responses to any additional requirements reflected in the RFP or

any of its subsequent Addenda.

3.2.4 A separate Cost Proposal (Three (3) copies to be provided). Please provide a fixed, all inclusive price for each complete training segment as outlined in the cost information template in Attachment 2. This means all inclusive pricing for the training delivery (instructor included), training materials (including development, duplication, and shipping), instructor’s travel & expenses, etc.), software, and other related materials or expenses. The proposed agenda should form the basis for the cost proposal information provided in the cost information template in Attachment 2.

3.2.5.Submit on a separate sheet, in redaction form or copy, if needed, when claiming exemption from the disclosure pursuant to Oregon Public Records Law, ORS 192.410 through 192.505 (list sections, paragraphs, pages, etc.).

6. Submit Three (3) references (per Attachment 4):

Proposers shall provide the names, addresses, telephone numbers, and contact information for

three (3) customers for whom Proposer has provided within the last three years services equivalent to

those described in the RFP.

3. Separate Cost Proposal Response Requirements (Three (3) copies to be provided)

DAS Contract Services plans to award cost points based on a fixed, all inclusive price for completed training session proposed and the proposed per day training rate or rates. The proposed costs must be included in the cost proposal and submitted in printed and electronic format. Proposers shall provide cost information for a one (1) day training session. A training day session is a minimum of seven (7) hours, not to exceed eight (8) hours. Refer to “Attachment 2” of this RFP for an example.

Section 4: EVALUATION OF PROPOSAL

4.1 Evaluation Process

DAS Contract Services will conduct an evaluation of the responses received from this solicitation. An Evaluation Committee will be established to evaluate and score the submitted proposals.

The evaluation of the responses will be conducted in six (6) phases:

Phase 1: Evaluation of Minimum Proposal Requirements/

Responsiveness to RFP (Pass/Fail)

Phase 2: Evaluation of Workshop Questions (30 points)

Phase 3: Evaluation of Cost Proposals (10 points)

Phase 4: Evaluation of Demonstration (30 points)

Phase 5: Evaluation of Reference Checks (30 points)

Phase 6: Ranking of Proposals

Each Phase is explained in more detail below.

Phase 1: Evaluation of Minimum Proposal Requirements

The purpose of this phase is to determine if the Proposal meets the solicitation minimum requirements. Proposers will be awarded either a “Pass” or “Fail” rating.

Proposals will be reviewed by DAS to determine if they are complete. Proposer’s failure to comply with the instructions or to submit a complete Proposal may result in it being deemed non-responsive, except that DAS Contract Services reserves the right to waive minor informalities.

Only those Proposals determined as being responsive to the Minimum Requirements will be considered for further evaluation in Phase 2. DAS Contract Services reserves the right to reject any or all proposals if it is deemed in the public interest to do so. Please see Section 3.2 for mandatory workshop proposal response requirements.

Phase 2: Evaluation of Workshop Questions

Proposals will be scored according to how well the Proposer responded to each of the requirements in Section 2, Statement of Work, and Section 3.1.1, Workshop Proposal. Workshop Proposal evaluation points given by each evaluator will be summed and divided by the number of evaluators to compute an average performance score for each Proposal. Cost Proposal information will not be available to the Evaluation Committee during the Workshop Proposal evaluation phase.

Points possible: Point Basis:

10 Ensure high quality instructors and a written description of instructor’s

Qualifications (education, experience, & certifications)

10 Ability to meet our scheduling needs

10 Response to unsatisfactory ratings

Maximum Points: 30

Phase 3: Evaluation of Cost Proposals

Proposals will be evaluated to assess the Proposer’s Cost Proposal. Cost Proposal points will be awarded based upon total price. The lowest Cost Proposal price or rate will be awarded the Maximum Cost points. Cost Proposals with higher prices or rates will be awarded a percentage of the Maximum Cost points available based on the percentage of their Cost Proposal price or rate relative to the lowest Cost Proposal price or rate.

The scores will be determined by the following formula for each classification for each subject matter area for which Proposer is submitting a Proposal:

P= Possible Points

L= Lowest Cost Proposed

X=Cost Being Scored

S=Awarded Score

Awarded Score = Possible Points multiplied by the result of the lowest Cost Proposed divided by the Cost Being Scored.

(L/X)P=S

Example: If P=10, L=$20, and X=$30; then S=6.6 points

Maximum Cost points: 10

Phase 4: On-Site Presentation (Demo)

If further evaluation is needed, DAS reserves the right to request an on-site presentation. If this is the case, Proposer(s) scoring 60% or higher in Phase 2 and 3 will be invited to provide an on-site presentation to the evaluation committee. In the event that there is only one Proposer, DAS reserves the right to waive the demonstration and award the contract directly to the Proposer based on past positive experience and/or references. All costs associated with the presentation will be the responsibility of the Proposer. Proposer must provide any necessary equipment (laptop, projector, etc.) for the presentation. DAS will provide a room equipped with a T-1 connection; however, Proposer shall have a back-up presentation (visual aids, handouts) prepared in unforeseen connection failure. Presentations will not be rescheduled due to technical difficulties absent extraordinary conditions.

Each Proposer will be given a maximum of forty (40) minutes for its presentation. Following the presentation, the Proposer will allow a maximum of twenty (20) minutes for the Evaluation Committee to ask questions. Items to be covered in the presentation shall include, but not be limited to:

1. Demonstration of adult learning techniques (5 points)

2. Content and Expertise of the subject matter (10 points)

3. Classroom Management (5 points)

4. Question and Answer (guide questions will be provided when setting up the appointment for demonstration) (10 points)

Note: The Evaluation Committee will also require the Proposer to provide three (3) sets of materials for the demonstration to be reviewed by the committee. These materials will not be returned to Proposer.

Each member of the Evaluation Team will award points based on his or her assessment of how well the demonstration covers each subject area. Evaluation points provided by each Evaluation Committee member will be added together and divided by the total number of Evaluation Committee members to compute an average score for the on-site demonstration. Cost Proposal information will not be available to the Evaluation Committee during the on-site demonstration evaluation phase.

Maximum Points: 30

Phase 5: Evaluation of Reference Checks

Reference checks will be completed by the evaluation committee for the top Proposer(s) scoring highest in Phase 4. If this reference is not satisfactory, references will be checked on the next highest scoring Proposer(s). References listed by the Proposer in addition to other known customers will be considered by the Evaluation Committee.

Questions will be used to rate the Proposer’s performance regarding the specific questions identified below. Each proposer may receive 30 points.

Proposer must provide references that can rate Proposer’s performance in these categories:

a. Instructor’s knowledge of subject matter & training delivery skills (up to 4 points)

b. How well Proposer met the terms of the contract (i.e. orders and billing (up to 4 points)

c. Whether the reference would choose to contract from Proposer again (up to 2 points)

The Agency Evaluation Committee will attempt to contact two ( 2 ) out of three (3) references.

For references contacted and questioned, each reference will be asked questions from the categories above (the same questions to all Proposers’ references). Students who attended the training will only be asked questions related to the instructor’s performance (see above response categories).

DAS reserves the right to choose and investigate any customer references whether or not furnished by the Proposer. DAS reserves the right to investigate the past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a product or service on schedule, and its lawful payment of suppliers, subcontractors and employees. DAS reserves the right to postpone the award or execution of the Contract after the announcement of the apparent successful Proposer in order to complete its investigation. DAS may reject a Proposal if it finds that overall reference responses indicate inadequate performance.

Maximum Points: 30

Phase 6: Ranking of Proposals

The points awarded in Phases 2-5 will be added together to determine the total score and ranking of each Proposal.

Reciprocal Preference: In accordance with OAR 125-246-0310, when evaluating Proposals, DAS will add a percentage increase to the Proposal price of a Non-Resident Proposer equal to the percentage, if any, of the preference that would be given to that Proposer in the state in which Proposer resides.

Preference for Oregon Supplies And Services: In the event DAS receives identical Proposals in price, fitness, availability and quality, and chooses to award a Contact, DAS will award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

Section 5: SELECTION AND AWARD

1. Award Notification

DAS Contract Services will notify the Apparent Successful Proposer(s) and request a signed contract. If all Proposals are rejected, all Proposers will be promptly notified.

5.2 Disqualification

Any attempt by a Proposer to improperly influence a member of the Evaluation Committee during the Proposal review and evaluation process will result in the elimination of that Proposer’s Proposal from consideration.

Section 6: SOLICITATION SCHEDULE AND PROCEDURES

The following represents the proposed time line for the solicitation process for this project. Note: These dates represent a tentative schedule of events. DAS Contract Services reserves the right to modify these dates at any time, with appropriate notice to prospective Proposers. All times are local (Pacific) times.

6.1 Schedule

Solicitation Application Period Opens May 1, 2008

Written Pre-Proposal Questions Due Date and Time May 13, 2008 by 4 PM

Answers to Pre-Proposal Questions Due (approx.) May 15, 2008

Closing Date and Time for Submittal of Proposals May 28, 2008 by 4 PM

Notice of Award (approximate) May 30, 2008

Award Protests Due Date and Time (approximate) June 6, 2008 by 4 PM

Contract Award (approximate) June 8, 2008

6.2 Pre-Proposal Questions Relating to This Solicitation

Questions, requests for exceptions and/or explanations of the meaning or interpretation of provisions of this RFP or the terms and conditions contained in the sample contract attached to this RFP, should be submitted in writing and must arrive at the Issuing Office by the Written Pre-Proposal Questions Due Date and Time.

Proposers may submit questions and requests to DAS Contract Services, Contract Specialist (see p. 10 of RFP for information) via:

• Mail service to 155 Cottage Street NE U90, Salem, OR 97301-2556; or

• Fax transmission to (503) 373-1273; or

• Email transmission to robert.shike@state.or.us

The responsibility for accurate transmission rests with the Proposer. Direct all questions relating to this Solicitation to Robert L Shike, DAS Contract Services. Answers to Pre-Proposal Questions are expected to be issued by the Answers to Pre-Proposal Questions due date.

6.3 Closing Date and Time for Submittal of Proposals

Proposals must be received by the DAS Contract Services Contracts Coordinator no later than May 28, 2008, Pacific Standard Time, on TBD, 2008 at 155 Cottage St NE 4th floor, Salem, OR 97301. , Proposals may be delivered via U.S. Mail or courier, or hand-delivered. Please address Proposals to the attention of Robert Shike, DAS Contract Services Contracts Coordinator. Late, faxed or electronically transmitted protests will not be accepted.

6.4 Notice of Award

DAS Contract Services will notify the Apparent Successful Proposer and request that the Apparent Successful Proposer sign a Contract in substantially the form set forth as Exhibit A attached to this RFP. If the Apparent Successful Proposer is not able to execute the Contract offered within ten (10) business days of Apparent Successful Proposer's receipt of the Contract, or such later date as DAS Contract Services may authorize, DAS Contract Services may make another selection. If all Proposals are rejected, all Proposers will be promptly notified.

6.5 Reservation of DAS Contract Services Rights

DAS Contract Services reserves all rights regarding this solicitation, including, without limitation, the right to:

a) Amend, delay or cancel this solicitation without liability if it is in the best interest of the public to do so;

b) Reject any and all Proposals received by reason of this request upon finding that it is in the best interest of the public to do so;

c) Waive any minor irregularity, informality, or non-conformance with the provisions or procedures of this solicitation, and to seek clarification of each proposal, if required;

d) Reject any Proposal that fails to substantially comply with all prescribed solicitation procedures and requirements;

e) Negotiate a statement of work described in this solicitation and to negotiate separately in any manner necessary to serve the best interest of the public;

f) Amend any contracts that are a result of this solicitation;

g) Engage Consultants by selection or procurement independent of this solicitation process and/or any contracts/ agreements under it;

h) To extend any contracts that result from this solicitation without an additional solicitation process for up to a total of 5 years;

i) If there is only one response to this solicitation and that response is judged a qualified respondent, DAS Contract Services will enter into direct negotiations with that respondent. In the event that the sole respondent is not judged a qualified respondent, DAS Contract Services reserves the right to solicit other Proposers;

j) Although price is a consideration when engaging a Proposer, the intent is to provide DAS Contract Services with a Proposer who has a given level of specialized skill, knowledge and resources. Qualifications, performance history, expertise, knowledge and the ability to exercise sound professional judgment are primary considerations in the selection process. Due to the highly technical nature of some of these tasks, the Proposer with the lowest rate will not necessarily be awarded the contract. DAS Contract Services reserves the sole right to make this determination.

6.6 Solicitation Amendments

Any interpretation, correction or change to this solicitation will be made by written amendment and will be issued by DAS Contract Services and posted on the ORPIN System. Interpretations, corrections or changes to this solicitation made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections or changes.

6.7 Contract Form

The Apparent Successful Proposer shall be asked to sign a contract similar to the contract form that is attached as Exhibit A. The initial contract period shall be for 1 year (12 months). DAS Contract Services may extend the contract, at its option, for a one year period, without further solicitation.

6.8 Withdrawal

If a Proposer wishes to withdraw a submitted Proposal, it must be withdrawn prior to the Proposal due date and time. A written request to withdraw must be signed by the Proposer and submitted to DAS Contract Services at the address specified in Section 6.2.

6.9 Release of Information

No information shall be given to any Proposer (or any other individual) relative to their standing with other Proposers during the solicitation process.

6.10 Public Information

All Proposals are public information after the Proposals have been opened and all protests are public information after the protest period ends. Proposals will be opened by the issuing office identified on page 1 of this document at 4 p.m. (Pacific Time) on May 1, 2007. However, copies of Proposals will not be provided until the evaluation process has been completely closed and an Apparent Successful Proposer has been selected. Copies of public information may be requested by any person. Proposer shall label the information and documentation qualifying as trade secrets under ORS 192.501(2) that it wishes to protect from disclosure to third parties with the following: "This data constitutes a trade secret under ORS 192.501(2) and is not to be disclosed except as required by law." Agency will take reasonable measures to hold in confidence all such labeled information and documentation. Provided, however, the State shall not be liable for release of any information when required by law or court order to do so, whether pursuant to Oregon Public Records Law or otherwise. Further, the State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

6.11 Cost of Proposals

All costs incurred in preparing and submitting a Proposal in response to this solicitation will be the responsibility of the Proposer and shall not be reimbursed by DAS Contract Services.

6.12 Contractual Obligation

All Proposers who submit a Proposal in response to this solicitation understand, acknowledge and agree that DAS Contract Services is not obligated thereby to enter into an agreement with any Proposer and, further, has absolutely no financial obligation to any Proposer.

ATTACHMENT 1 – CONTRACT FORM

STATE OF OREGON PERSONAL/PROFESSIONAL SERVICES CONTRACT

FOR THE DEPARTMENT OF ADMINISTRATIVE SERVICES (DAS)

CONTRACT # XXX-XXXX-07 CONTRACTOR NAME:___________________

This Contract is between the State of Oregon, acting by and through its Department of Administrative Services, Enterprise Information Strategy and Policy Division, hereafter called Agency,

and

Contractor Name

Contractor Address

Contractor Address

Contractor Phone Number

Contractor Fax Number

Contractor E-mail Address

Contractor Home Page URL

Hereafter called Contractor.

Agency's Contract Administrator for this Contract is:

Contract Administrator

Of the Department of Administrative Services, HRSD

155 Cottage St NE – U30

Salem OR 97301-2556

Phone: 503-378-5393

Fax: 503-378-5731



Contract Administrator E-mail Address

1. Contract Period. This Contract shall become effective on the date this Contract has been fully executed by every party and, when required, approved by the DAS State Procurement Office and the Department of Justice. Unless extended or terminated earlier in accordance with its terms, this Contract shall terminate when Agency accepts Contractor's completed performance or on ____________, whichever date occurs last. Contract termination shall not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Statement of Work. Contractor shall perform the work (the “Work”) as set forth in the Statement of Work, which includes the delivery schedule for such Work, and that is attached hereto as Exhibit A. Contractor shall perform the Work in accordance with the terms and conditions of this Contract.

3. Consideration

a. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $___________. Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work, and will not pay for Work performed before the date this Contract becomes effective or after the termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

b. Interim payments to Contractor shall be subject to ORS 293.462, and shall be made in accordance with the payment schedule and requirements in Exhibit A.

c. Agency will pay only for completed Work that is accepted by Agency.

d. Contractor shall submit monthly invoices to Agency’s Contract Administrator for Work performed. The invoices shall describe all Work performed with particularity and by whom it was performed and shall itemize and explain all expenses that this Contract requires Agency to pay and for which Contractor claims reimbursement. Each invoice also shall include the total amount invoiced to date by Contractor prior to the current invoice. Contractor will specifically note in the appropriate invoice when it has requested payment for one-third and two-thirds of the maximum, not-to-exceed compensation. Contractor shall send invoices to Agency’s Contract Administrator.

4. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence: this Contract less all exhibits, attached Exhibit A (the Statement of Work), Exhibit B (Required Insurance), and Exhibit C (Independent Contractor Certification Statement). Exhibits A-C are attached hereto and incorporated herein by this reference.

5. Independent Contractor; Responsibility for Taxes and Withholding

a. Contractor shall perform all Work as an independent contractor. The Agency reserves the right (i) to determine and modify the delivery schedule for the Work and (ii) to evaluate the quality of the Work Product, however, the Agency may not and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of performing the Work.

b. If Contractor is currently performing work for the State of Oregon or the federal government, Contractor by signature to this Contract, represents and warrants that: Contractor’s Work to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no statutes, rules or regulations of the state or federal agency for which Contractor currently performs work would prohibit Contractor’s Work under this Contract.

c. Contractor understands and agrees that it is not an "officer", "employee", or "agent" of the Agency, as those terms are used in ORS 30.265.

d. Contractor shall be responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless Contractor is subject to backup withholding, Agency will not withhold from such compensation or payments any amount(s) to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual.

6. Subcontracts, Successors, and Assignments

a. Contractor shall not enter into any subcontracts for any of the Work required by this Contract without Agency's prior written consent. In addition to any other provisions Agency may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that Agency will receive the benefit of subcontractor performance as if the subcontractor were the Contractor with respect to Sections 5, 6, 7, 9, 10, 11, 14, 15, 16, 18, and 23. Agency’s consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract.

b. The provisions of this Contract shall be binding upon and inure to the benefit of the parties, their respective successors, and permitted assigns, if any.

c. Contractor shall not assign, delegate or transfer any of its rights or obligations under this Contract without Agency’s prior written consent.

7. No Third Party Beneficiaries. Agency and Contractor are the only parties to this Contract and are the only parties entitled to enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

8. Funds Available and Authorized; Payments. Contractor shall not be compensated for Work performed under this Contract by any other agency or department of the State of Oregon. Agency certifies that it has sufficient funds currently authorized for expenditure to finance the costs of this Contract within the Agency's current biennial appropriation or limitation. Contractor understands and agrees that Agency's payment of amounts under this Contract is contingent on Agency receiving appropriations, limitations, allotments or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.

9. Representations and Warranties.

a. Contractor’s Representations and Warranties. Contractor represents and warrants to Agency that (1) Contractor has the power and authority to enter into and perform this Contract, (2) this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (3) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor will apply that skill and knowledge with care and diligence to perform the Work in a professional manner and in accordance with standards prevalent in Contractor’s industry, trade or profession, (4) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work, (5) all computer hardware and software delivered under this Contract will, individually and in combination, correctly process, sequence, and calculate all date and date-related data for all dates prior to, through and after January 1, 2000, (6) any software products delivered under this Contract that process date or date-related data shall recognize, store and transmit date data in a format which explicitly and unambiguously specifies the correct century, and (7) Contractor prepared its proposal related to this Contract, if any, independently from all other Proposers, and without collusion, fraud, or other dishonesty.

b. Warranties cumulative. The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided.

10. Ownership of Work Product.

a. Definitions. As used in this Section 10, and elsewhere in this Contract, the following terms have the meanings set forth below:

(i) “Contractor Intellectual Property” means any intellectual property owned by Contractor and developed independently from the Work.

(ii) “Third Party Intellectual Property” means any intellectual property owned by parties other than Agency or Contractor.

(iii) “Work Product” means every invention, discovery, work of authorship, trade secret or other tangible or intangible item and all intellectual property rights therein that Contractor is required to deliver to Agency pursuant to the Work.

b. Original Works. All Work Product created by Contractor pursuant to the Work, including derivative works and compilations, and whether or not such Work Product is considered a work made for hire or an employment to invent, shall be the exclusive property of Agency. Agency and Contractor agree that such original works of authorship are “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act. If for any reason the original Work Product created pursuant to the Work is not “work made for hire,” Contractor hereby irrevocably assigns to Agency any and all of its rights, title, and interest in all original Work Product created pursuant to the Work, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon Agency’s reasonable request, Contractor shall execute such further documents and instruments necessary to fully vest such rights in Agency. Contractor forever waives any and all rights relating to original Work Product created pursuant to the Work, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.

In the event that Work Product created by Contractor under this Contract is a derivative work based on Contractor Intellectual Property, or is a compilation that includes Contractor Intellectual Property, Contractor hereby grants to Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the Contractor Intellectual Property employed in the Work Product, and to authorize others to do the same on Agency’s behalf.

In the event that Work Product created by Contractor under this Contract is a derivative work based on Third Party Intellectual Property, or is a compilation that includes Third Party Intellectual Property, Contractor shall secure on the Agency’s behalf and in the name of the Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the Third Party Intellectual Property employed in the Work Product, and to authorize others to do the same on Agency’s behalf.

c. Contractor Intellectual Property. In the event that Work Product is Contractor Intellectual Property Contractor hereby grants to Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property, and to authorize others to do the same on Agency’s behalf.

d. Third Party Works. In the event that Work Product is Third Party Intellectual Property, Contractor shall secure on the Agency’s behalf and in the name of the Agency, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property, and to authorize others to do the same on Agency’s behalf.

11. Indemnity.

a. GENERAL INDEMNITY. CONTRACTOR SHALL DEFEND, SAVE, HOLD HARMLESS, AND INDEMNIFY THE STATE OF OREGON AND AGENCY AND THEIR OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEYS FEES, RESULTING FROM, ARISING OUT OF, OR RELATING TO THE ACTIVITIES OF CONTRACTOR OR ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR AGENTS UNDER THIS CONTRACT.

b. INDEMNITY FOR INFRINGEMENT CLAIMS. WITHOUT LIMITING THE GENERALITY OF SECTION 11.a, CONTRACTOR EXPRESSLY AGREES TO DEFEND, INDEMNIFY, AND HOLD AGENCY, THE STATE OF OREGON AND THEIR AGENCIES, SUBDIVISIONS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LOSSES, LIABILITIES, COSTS, EXPENSES, INCLUDING ATTORNEYS FEES, AND DAMAGES ARISING OUT OF OR RELATED TO ANY CLAIMS THAT THE WORK, THE WORK PRODUCT OR ANY OTHER TANGIBLE OR INTANGIBLE ITEMS DELIVERED TO AGENCY BY CONTRACTOR THAT MAY BE THE SUBJECT OF PROTECTION UNDER ANY STATE OR FEDERAL INTELLECTUAL PROPERTY LAW OR DOCTRINE, OR THE AGENCY’S USE THEREOF, INFRINGES ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS, MASK WORK, UTILITY DESIGN, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY; PROVIDED, THAT STATE SHALL PROVIDE CONTRACTOR WITH PROMPT WRITTEN NOTICE OF ANY INFRINGEMENT CLAIM.

c. CONTROL OF DEFENSE AND SETTLEMENT. CONTRACTOR SHALL HAVE CONTROL OF THE DEFENSE AND SETTLEMENT OF ANY CLAIM THAT IS SUBJECT TO SECTIONS 11.a OR 11.b; HOWEVER, NEITHER CONTRACTOR NOR ANY ATTORNEY ENGAGED BY CONTRACTOR SHALL DEFEND THE CLAIM IN THE NAME OF THE STATE OF OREGON OR ANY AGENCY OF THE STATE OF OREGON, NOR PURPORT TO ACT AS LEGAL REPRESENTATIVE OF THE STATE OF OREGON OR ANY OF ITS AGENCIES, WITHOUT FIRST RECEIVING FROM THE OREGON ATTORNEY GENERAL, IN A FORM AND MANNER DETERMINED APPROPRIATE BY THE ATTORNEY GENERAL, AUTHORITY TO ACT AS LEGAL COUNSEL FOR THE STATE OF OREGON, NOR SHALL CONTRACTOR SETTLE ANY CLAIM ON BEHALF OF THE STATE OF OREGON WITHOUT THE APPROVAL OF THE ATTORNEY GENERAL. THE STATE OF OREGON MAY, AT ITS ELECTION AND EXPENSE, ASSUME ITS OWN DEFENSE AND SETTLEMENT IN THE EVENT THAT THE STATE OF OREGON DETERMINES THAT CONTRACTOR IS PROHIBITED FROM DEFENDING THE STATE OF OREGON, OR IS NOT ADEQUATELY DEFENDING THE STATE OF OREGON’S INTERESTS, OR THAT AN IMPORTANT GOVERNMENTAL PRINCIPLE IS AT ISSUE AND THE STATE OF OREGON DESIRES TO ASSUME ITS OWN DEFENSE.

12. Insurance. Contractor shall maintain insurance as set forth in Exhibit B, which is attached hereto.

13. Default; Remedies; Termination.

a. Default by Contractor. Contractor shall be in default under this Contract if:

(i) Contractor institutes or has instituted against it insolvency, receivership or

bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or

(ii) Contractor no longer holds a license or certificate that is required for Contractor to

perform its obligations under the Contract and Contractor has not obtained such license or certificate within fourteen (14) calendar days after Agency’s notice or such longer period as Agency may specify in such notice; or

(iii) Contractor commits any material breach or default of any covenant, warranty,

obligation or agreement under this Contract, fails to perform the Work under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Contractor's performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within 14 calendar days after Agency's notice, or such longer period as Agency may specify in such notice.

b. Agency’s Remedies for Contractor’s Default. In the event Contractor is in default under Section 13.a, Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, including, but not limited to:

(i) termination of this Contract under Section 13.e(ii);

(ii) withholding all monies due for Work and Work Products that Contractor has failed to

deliver within any scheduled completion dates or has performed inadequately or defectively;

(iii) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief;

(iv) exercise of its right of setoff.

These remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If a court determines that Contractor was not in default under Sections 13.a, then Contractor shall be entitled to the same remedies as if this Contract was terminated pursuant to Section 13.e(i).

c. Default by Agency. Agency shall be in default under this Contract if:

(i) Agency fails to pay Contractor any amount pursuant to the terms of this Contract,

Agency fails to cure such failure within thirty (30) calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice; or

(ii) Agency commits any material breach or default of any covenant, warranty, or

obligation under this Contract, and such breach or default is not cured within thirty (30) calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice.

d. Contractor’s Remedies for Agency’s Default. In the event Agency terminates the Contract under Section 13.e(i), or in the event Agency is in default under Section 13.c and whether or not Contractor elects to exercise its right to terminate the Contract under Section 13.e(iii), Contractor’s sole monetary remedy shall be (a) with respect to services compensable on an hourly basis, a claim for unpaid invoices, hours worked within any limits set forth in this Contract but not yet billed, authorized expenses incurred and interest within the limits permitted under ORS 293.462, and (b) with respect to deliverable-based Work, a claim for the sum designated for completing the deliverable multiplied by the percentage of Work completed and accepted by Agency, less previous amounts paid and any claim(s) that Agency has against Contractor. In no event shall Agency be liable to Contractor for any expenses related to termination of this Contract or for anticipated profits. If previous amounts paid to Contractor exceed the amount due to Contractor under this Section 13.d, Contractor shall pay immediately any excess to Agency upon written demand provided in accordance with Section 20.

e. Termination.

(i) Agency’s Right to Terminate at its Discretion. At its sole discretion, Agency may terminate this Contract:

(A) For its convenience upon thirty (30) days’ prior written notice by Agency to Contractor;

(B) Immediately upon written notice if Agency fails to receive funding, appropriations, limitations, allotments or other expenditure authority at levels sufficient to pay for the Work or Work Products; or

(C) Immediately upon written notice if federal or state laws, regulations, or guidelines are modified or interpreted in such a way that the Agency’s purchase of the Work or Work Products under this Contract is prohibited or Agency is prohibited from paying for such Work or Work Products from the planned funding source.

(ii) Agency’s Right to Terminate for Cause. In addition to any other rights and remedies Agency may have under this Contract, Agency may terminate this Contract immediately upon written notice by Agency to Contractor, or at such later date as Agency may establish in such notice, or upon expiration of the time period and with such notice as provided in Section 13.e(ii)(B) and 13.e(ii)(C) below, upon the occurrence of any of the following events:

(A) Contractor is in default under Section 13.a(i) because Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis;

(B) Contractor is in default under Section 13.a(ii) because Contractor no longer holds a license or certificate that is required for it to perform services under the Contract and Contractor has not obtained such license or certificate within fourteen (14) calendar days after Agency’s notice or such longer period as Agency may specify in such notice; or

(C) Contractor is in default under Section 13.a(iii) because Contractor commits any material breach or default of any covenant, warranty, obligation or agreement under this Contract, fails to perform the Work under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Contractor's performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within 14 calendar days after Agency's notice, or such longer period as Agency may specify in such notice.

(iii) Contractor’s Right to Terminate for Cause. Contractor may terminate this Contract with such written notice to Agency as provided in Sections 13.e(iii)(A) and 13.e(iii)(B) below, or at such later date as Contractor may establish in such notice, upon the occurrence of the following events:

(A) Agency is in default under Section 13.c(i) because Agency fails to pay Contractor any amount pursuant to the terms of this Contract, and Agency fails to cure such failure within thirty (30) calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice; or

(B) Agency is in default under Section 13.c(ii) because Agency commits any material breach or default of any covenant, warranty, or obligation under this Contract, fails to perform its commitments hereunder within the time specified or any extension thereof, and Agency fails to cure such failure within thirty (30) calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice.

(iv) Return of Property. Upon termination of this Contract for any reason whatsoever, Contractor shall immediately deliver to Agency all of Agency’s property (including without limitation any Work or Work Products for which Agency has made payment in whole or in part) that is in the possession or under the control of Contractor in whatever stage of development and form of recordation such Agency property is expressed or embodied at that time. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract, unless Agency expressly directs otherwise in such notice of termination. Upon Agency's request, Contractor shall surrender to anyone Agency designates, all documents, research or objects or other tangible things needed to complete the Work and the Work Products.

14. Records Maintenance; Access. Contractor shall maintain all financial records relating to this Contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records pertinent to this Contract in such a manner as to clearly document Contractor's performance. Contractor acknowledges and agrees that Agency and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives shall have access to such financial records and other books, documents, papers, plans, records of shipments and payments and writings of Contractor that are pertinent to this Contract, whether in paper, electronic or other form, to perform examinations and audits and make excerpts and transcripts. Contractor shall retain and keep accessible all such financial records, books, documents, papers, plans, records of shipments and payments and writings for a minimum of six (6) years, or such longer period as may be required by applicable law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

15. Compliance with Applicable Law. Contractor shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Contract. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to the Contract: (i) Titles VI and VII of the Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Americans with Disabilities Act of 1990, as amended; (iv) Executive Order 11246, as amended; (v) the Health Insurance Portability and Accountability Act of 1996; (vi) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended; (viii) ORS Chapter 659, as amended; (ix) all regulations and administrative rules established pursuant to the foregoing laws; and (x) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. Department’s performance under the Contract is conditioned upon Contractor's compliance with the provisions of ORS 279B.220, 279B.225, 279B230, 279B235, and279B.270,which are incorporated by reference herein. Contractor shall, to the maximum extent economically feasible in the performance of this Contract, use recycled paper (as defined in ORS 279A.010(ee)), recycled PETE products (as defined in ORS 279A.010(ff)), and other recycled products (as “recycled product” is defined in ORS 279A.010(gg)).

16. Foreign Contractor. If Contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this Contract. Contractor shall demonstrate its legal capacity to perform the Work under this Contract in the State of Oregon prior to entering into this Contract.

17. Force Majeure. Neither Agency nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, terrorist acts, or other acts of political sabotage, or war where such cause was beyond the reasonable control of Agency or Contractor, respectively. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Contract.

18. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the rights and obligations set forth in Sections 1, 7, 8, 9, 10, 11, 12, 13, 14, 18, 23, and 24.

19. Time is of the Essence. Contractor agrees that time is of the essence under this Contract.

20. Notice. Except as otherwise expressly provided in this Contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing by email, personal delivery, facsimile, or mailing the same, postage prepaid, to Contractor or Agency at the address, number or email address set forth in this Contract, or to such other addresses or numbers as either party may indicate pursuant to this Section 21. Any communication or notice so addressed and mailed shall be effective five (5) days after mailing. Any communication or notice delivered by facsimile shall be effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours, or on the next business day, if transmission was outside normal business hours of the recipient. To be effective against Agency, any notice transmitted by facsimile must be confirmed by telephone notice to Agency’s Contract Administrator. Any communication or notice given by personal delivery shall be effective when actually delivered. Any communication or notice given by email shall be effective upon the sender’s receipt of confirmation generated by the recipient’s email system that the notice has been received by the recipient’s email system.

21. Severability. The parties agree that if any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid.

22. Counterparts. This Contract may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of the Contract so executed shall constitute an original.

23. Governing Law; Venue; Consent to Jurisdiction. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between Agency (and/or any other agency or department of the State of Oregon) and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it shall 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 it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS.

24. Merger Clause; Waiver. This Contract and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Contract. No waiver, consent, modification or change of terms of this Contract shall bind all parties unless in writing and signed by both parties and all necessary State approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of Agency to enforce any provision of this Contract shall not constitute a waiver by Agency of that or any other provision.

25. Amendments. Agency may amend this Contract to the extent permitted by applicable statutes and administrative rules. Additionally, for Anticipated Amendments (as defined in OAR 125-246-0560(2)(a)(A) Agency may amend this Contract to the extent i) provided in the solicitation document, if any, from which this Contract arose, and ii) to the extent described in Exhibit A. No amendment to this Contract shall be effective unless it is in writing signed by the parties, and all approvals required by applicable law have been obtained before becoming effective.

26. Contractor Data and Certification.

a. Contractor Tax Identification Information. Contractor shall provide Contractor's Social Security number or Contractor’s federal tax ID number and the additional information set forth below. This information is requested pursuant to ORS 305.385 and OAR 125-246-0330(3). Social Security Numbers provided pursuant to this Section will be used for the administration of state, federal and local tax laws.

Name (tax filing):

Address:

Citizenship, if applicable: Non-resident alien [ ] Yes [ ] No

Business Designation (check one):

[X] Professional Corporation [ ] Partnership [ ] Limited Partnership [ ] Limited Liability Company [ ] Limited Liability Partnership [ ] Sole Proprietorship [ ] Other

Federal Tax ID#: __ - _______

Agency may report the information set forth above to the Internal Revenue Service (IRS) under the name and social security number or taxpayer identification number provided.

b. Certification. The individual signing on behalf of Contractor hereby certifies and swears under penalty of perjury that: (a) the number shown on this form is Contractor’s correct taxpayer identification; (b) Contractor is not subject to backup withholding because (i) Contractor is exempt from backup withholding, (ii) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup withholding; (c) s/he is authorized to act on behalf of Contractor, s/he has authority and knowledge regarding Contractor’s payment of taxes, and to the best of her/his knowledge, Contractor is not in violation of any Oregon tax laws named in ORS 305.380(4), including without limitation the state inheritance tax, gift tax, personal income tax, withholding tax, corporation income and excise taxes, amusement device tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, the homeowners and renters property tax relief program and local taxes administered by the Department of Revenue, including the Multnomah County Business Income Tax, Lane Transit District Tax, Tri-Metropolitan Transit District Employer Payroll Tax, and Tri-Metropolitan District Self-Employment Tax; (d) Contractor is an independent contractor as defined in ORS 670.600; and (e) the supplied Contractor data is true and accurate.

CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY ACKNOWLEDGES THAT CONTRACTOR HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

CONTRACTORS: YOU WILL NOT BE PAID FOR SERVICES RENDERED PRIOR TO NECESSARY STATE APPROVALS

CONTRACTOR

By:____________________________________Title:___________________________

Date: __________________

DEPARTMENT OF ADMINISTRATIVE SERVICES

DAS HRSD/Statewide Training and Recruitment Manager, (or Authorized Designee):

___________ _______

Date: _________________

DAS Contracts Manager, (or Authorized Designee): ___________ _______

Date: _________________

EXHIBIT A

STATEMENT OF WORK

Part 1. General Information

Contractor will provide Wise Installation Studio Training to state and local government employees in the State of Oregon as set forth herein. DAS anticipates one or more sessions, but does not guaranty that any classes or workshops will result from this Contract.

Part 2. Work; Acceptance Criteria; Deliverables and Delivery Schedule.

Location: Classes will primarily be conducted at DAS Training Facility (Capitol Learning Center). It is located at the State Library Building, 250 Winter Street NE, Salem, Oregon 97301-2556. DAS will provide the training facility at no charge to Contractor. However, classes may need to be delivered at other venues across the state as needed.

Facility, Classroom Systems & Software:

The Capitol Learning Center has a computer lab with seating capacity of up to 16 students, and a classroom that has a seating capacity of up to 20 students. The facility has the following equipment/software installed in the training room:

• The classroom and computer laboratory are set up with Instruction Station that has a PC with:

- Adobe Pagemaker 7.0

- Acrobat Reader 6.0.2

- Adobe Acrobat 5.0

- MS Office XP (Access, Excel, Powerpoint, Word)

- MS Office 2003 Professional (Access, Excel, Powerpoint, Word)

- MS Office 2007 (only upon request)

- MS Outlook XP

- Internet Explorer 6.1

- T1 connection

- Infocus projector and screen

- White board

- Flip charts

- Laptop connectivity to the projector

- Other Microsoft products, available upon request

DAS will also provide a projector at the Capitol Learning Center.

Contractor shall provide appropriate software for each student.

Session Schedule and Hours: As requested by DAS and pursuant to a schedule to be agreed upon by DAS and Contractor, Contractor will provide training classes or workshops. Each session is one (1) business day of seven hours: from 8:30 am to 4:30 pm, with one (1) hour for lunch (normally noon to 1:00) and two (2) fifteen minute breaks (one mid-morning and one mid-afternoon).

Topics: Training will include the following topics:

1. Windows Installer Review

•About Windows Installer

•Advantages of Windows Installer

•About logo certification

• About the Windows Installer service

• About the Windows Installer relational database

• About Windows Installer functionality

• Obtaining Windows Installer

2. Wise for Windows Installer Overview

• Look at an existing .MSI file

• Interface overview

3. Building a Complete Project with Installation Expert

• Before you start a project

• Create a new installation

• Build your installation

• Set system information

• Customize the installation for users

• Define releases

• Compile and test your installation project

• Distribute your installation

4. MSI Script

• About MSI Script

• Adding and editing action

• Guidelines for using custom actions

5. Setup Editor

• Setup Editor overview

6. About .NET Framework

• .NET overview

• Using the Visual Studio Integrated Editor

• Creating installations for .NET

7. Merge Modules and Transforms

• Merge module overview

• Transform overview

8. Patches and Upgrades

• Updating installations

• Preparing to patch and upgrade

• Applying a patch

• Adding an upgrade

9. Component Rules

• About component rules

• Selecting a component rule set

• Customizing component rules

• Using component rules to align GUIDs in an upgrade

10. Software Manager

• Introduction to Software Manager

• Introduction to the Software Manager database

Using the Software Manager database Share Point

• Using Software Manager

• Importing packages

• Grouping packages

11. Tools

• Tools overview

• ApplicationWatch

• Package Distribution

• MSI to WSI Conversion Wizard

• Package Validation

• Visual MSIDiff

12. Validating Packages

• Package validation

13. Advanced Dialogs

• Dialog control properties

14. Debugger

• Debugger for Windows Installer overview

15. WiseScript Package Editor

• Script Editor overview

• Standard script actions

• Using expressions to evaluate actions

• Using the Debugger

• Designing a script

16. Wizard Loops

• Wizard loop overview

17. Custom Dialogs

• Custom Dialog Editor overview

• Working with the Custom Dialog Editor

18. Uninstalling an Application

• Uninstall support overview

• Customizing the uninstall

19. WiseUpdate Client

• WiseUpdate Client process

• Using WiseUpdate

• Tips and troubleshooting

20. Virtual Package Editor

• Understanding Software Virtualization Solution

• Creating SVS layers

• Understanding layer exclusions

• Understanding data layers

21. Resources

• Customize the classes and workshops, as requested by DAS

Description of Work.

1. Provide workbooks or training manuals and other written materials and handouts, as necessary, for each course, for each participant, to include explanations and the instructions for the classroom exercises for students to take back to their work site. The Table of Contents in the student course manual must align w/ the topics to be covered from course outline.

2. Provide one page cheat-sheets for software programs, upon request of participant.

3. Provide hands-on/non instruction in a laboratory or classroom situation.

4. Coordinate with DAS/ Statewide Training and Development Services to establish a schedule of courses for each training need(s).

5. Provide written course descriptions and written course outlines so that staff know what to expect in each class and which class is most appropriate for their skill level.

6. Customize the training so that it matches the software and server configuration for the Agency served.

7. Discuss with DAS management IT training consultant any changes or improvements that could be made to make the training more effective, such as class size, scheduling, topics covered, and software configuration.

Part 3. Special Considerations

1. Contractor will provide an instructor(s) who has: prior experience teaching this course and a thorough understanding of the concepts and information necessary to answer participant questions. DAS will have the right, in its sole discretion, to reject any instructor at any time. Upon such request from DAS, the instructor will immediately leave the training facility, and Contractor will arrange with DAS to replace the instructor at a mutually agreeable future date with an instructor acceptable to DAS. DAS retains the right to request a different instructor for future workshops, if the result of the participants’ evaluation indicated more than 50% dissatisfaction for that instructor.

2. Instructors must arrive at least one half hour prior to the start of each class or workshop on the first day of the course for briefing from the DAS class coordinator and computer technician. On subsequent days, instructors must arrive at least 15 minutes prior to the start of the class or workshop to be available for participants’ questions before the start of the class or workshop.

3. Instructors must wear business casual dress attire.

4. DAS will prepare and provide certificates of completion for participant Contractor shall not ask students to complete evaluation form. DAS will conduct course evaluations and provide Contractor with a summary.

5. Contractor shall not advertise, in any fashion, the resulting award of a Contract without prior consent of DAS.

6. Contractors may not market or sell their services during class. If it appears that participants are interested in another type of class, Contractor or Contractor’s instructor should pass this information to the DAS Training Unit Education Coordinator.

7. Contractor or Contractor’s instructor must not initiate contact with participants after the class. However instructors may talk to participants (or return calls) if the participant is initiating contact after the class (i.e., for clarification or assistance on the course materials/information).

8. Contractor will be expected to provide software within the offered costs if the training facility does not have the software.

9. Contractor will not bill DAS for any class cancellation with 30 days notice.

Part 4. Payment Provisions.

a. The total not to exceed amount is $XXXX which includes travel expenses. DAS will pay contractor the amount based on the pricing sheet in Attachment 2 for each on site class or workshop.

b. DAS reserves the right to renegotiate the price.

c. Contractor may seek a Unit price increase by submitting a written request to DAS, including all appropriate price documentation, within the period specified in the Renewal Notice. If approved, the Unit price increase shall be firm for the duration of the Extension Term. Provided, however, no more than one Unit price increase shall be allowed during any twelve-month period regardless of the number of Extension Terms entered into during that time. Maximum percentage increase shall not exceed the Consumer Price Index (CPI) rate, as published by the U.S. Bureau of Labor Statistics, for the latest period reported for Portland/Salem, Oregon, under classification "Urban Consumers."

d. Contractor will submit invoice for work performed, as requested by Authorized Purchaser using the invoice format in Attachment 3.

e. Invoice Acceptance Criteria:

1. Confirmation that class occurred;

2. Contractor evaluation rating for each class will include student feedback,

instructor performance, quality and use of materials, delivery of all learning

objectives, instructor preparedness and expertise;

3. The pricing provided is the agreed upon price per Contract (may use Attachment 3) .

f. Contract Amendments

This is a one year contract with one year extension. DAS reserves the right to amend the Contract for the Anticipated Amendments, listed below, in accordance with the rules of OAR 125-246-0560.

ANTICIPATED AMENDMENTS

1. Amendment to extend the term of the Contract.

2. Amendment to add additional services, or classes or workshops.

3. Amendment to change the total maximum compensation.

EXHIBIT B

INSURANCE REQUIREMENTS

PERSONAL/PROFESSIONAL SERVICE CONTRACT # XXX -XXXX-XX

During the term of this Contract Contractor shall maintain in force at its own expense, each insurance noted below:

1. X Required by Agency of contractors with one or more workers, as defined by ORS 656.027.

Workers' Compensation: All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements.

2. Required by Agency Not required by Agency.

Professional Liability insurance with a combined single limit, or the equivalent, of not less than $200,000, $500,000, $1,000,000, or $2,000,000 each claim, incident or occurrence this is to cover damages caused by Error, omission or negligent acts related to the professional services to be provided under this Contract.

3. Required by Agency Not required by Agency.

General Liability insurance with a combined single limit, or the equivalent, of not less than $200,000, $500,000, $1,000,000, or $2,000,000 each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this Contract. It shall provide that the State of Oregon, Department of Administrative Services and their divisions, officers and employees are Additional Insureds but only with respect to the Contractor's services to be provided under this Contract;

4. Required by Agency Not required by Agency.

Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Oregon Financial Responsibility Law (ORS 806.060), $200,000, $500,000, or $1,000,000 each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.

5. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or

intent not to renew the insurance coverage(s) without 30 days prior written notice from the Contractor or it

insurer(s) to _Department of Administrative Services, Office of Business Administration – Contract Services

Section.

6. Certificates of insurance. As evidence of the insurance coverages required by this Contract, the Contractor

shall furnish acceptable insurance certificates to the Department of Administrative Services prior to

commencing the work. The certificate will specify all of the parties who are Additional Insureds. Insuring

companies or entities are subject to State acceptance. If requested, complete copies of insurance policies, trust

agreements, etc. shall be provided to the State. The Contractor shall be financially responsible for all pertinent

deductibles, self-insured retentions and/or self-insurance.

EXHIBIT C

INDEPENDENT CONTRACTOR CERTIFICATION

(OAR 125-246-0330(2))

PERSONAL SERVICES CONTRACT[1] No. XXXX

Part A. CONTRACTOR IS AN INDEPENDENT CONTRACTOR

(An Independent Contractor Certification is required, regardless of corporate status. OAR 125-246-0330(2)(b).)

1. I am free from direction and control over the means and manner of providing the services, subject only to the right of the person for whom the services are provided to specify the desired results;

2. I am registered under ORS Chapter 58, 60, 62, 63, 65, 67, 70 or 648 to provide the services, if such registration is required.

3. I am responsible for obtaining other licenses or certificates necessary to provide the services.

4. I am customarily engaged in an independently established business because ______[2] of the following requirements are satisfied:

A. I maintain a business location:

1) That is separate from the business or work location of the person for whom the services are provided; or

2) That is in a portion of my residence, and that portion is used primarily for business.

B. I bear the risk of loss related to the business or the provision of services as shown by factors such as:

1) Entering into a fixed-price contract;

2) Being required to correct defective work;

3) Warranting the services provided; or

4) Negotiating indemnification agreements, or purchasing indemnification liability insurance, performance

bonds or errors and omissions insurance.

C. I provide contracted services for two or more different persons within a 12-month period, or routinely

engage in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new

contracts to provide similar services.

D. I make a significant investment in the business, through means such as:

1) Purchasing tools or equipment necessary to provide the services;

2) Paying for the premises or facilities where the services are provided; or

3) Paying for licenses, certificates or specialized training require to provide the services.

E. I have the authority to hire other persons to provide or to assist in providing the services and have the authority to fire those persons.

(Section 4 does not apply if a Person files a Schedule F as part of an income tax return and the Person provides farm labor or farm services that are reportable on Schedule C of an income tax return.)

Contractor Signature__________________________________________________ Date

Name:

Title:

EXHIBIT D

CONTRACTOR’S PERSONNEL

Authorized Representative:

Project Manager:

Other Key Persons:

EXHIBIT E

AGENCY PERSONNEL

Authorized Representative:

Project Manager:

ATTACHMENT 2

SAMPLE BIDDER’S PRICING WORKSHEET

Information Technology Training

Bidder Instructions:

1) You may add an additional column at the end of the worksheet titled

“Explanation and Comments”. Use this column to indicate additional

information we may need to know related to this particular course.

2) After the contract award, the Agency will determine which “Workshop Format”

(i.e., consecutive or non-consecutive class days) would best fit students

schedule (the Agency may also select to do both formats).

3) You may add additional rows to indicate other options, however, these will not

be considered as part of the scoring. We will only score the two “workshop

format” options as shown below. This is necessary so we can compare

“apples to apples” when scoring. The additional options would be considered

if you are picked as the successful bidder.

| |NUMBER OF CLASS HOURS TO COVER COURSE | |PRICING |

| |OUTLINE | |PLEASE BREAK DOWN THE PRICE BY “Class Day” (*See below |

|COURSE | |NUMBER OF STUDENTS |forExplanation) |

| | | |PRICING IS ALL-INCLUSIVE |

| | | |(includes instructor, travel, expenses, student materials|

| | | |(including preparation, duplication and shipping, |

| | | |software, etc.) |

|Wise Installation Studio |14 |1-10 |$XXXX/per day |

|Wise Installation Studio |14 |11-16 |$XXXX/per day |

|Using the example above: The all-inclusive price for the 2 day class (for 10 students) is $2,000. Divided by 2 class days equals $1,000 per “training |

|day”. Breaking down the cost to a “price per day” insures bidders aren’t penalized due to the number of class days included in the Course. |

|If have a lower class size, Contractor and Agency can discuss and agree upon a lower price. |

Please use the Form below for your Cost Proposal.

| |NUMBER OF CLASS HOURS TO COVER COURSE | |PRICING |

| |OUTLINE | |PLEASE BREAK DOWN THE PRICE BY “Class Day” (*See below |

|COURSE | |NUMBER OF STUDENTS |forExplanation) |

| | | |PRICING IS ALL-INCLUSIVE |

| | | |(includes instructor, travel, expenses, student materials|

| | | |(including preparation, duplication and shipping, |

| | | |software, etc.) |

|Wise Installation Studio |14 | |$ /per day |

| | |1-10 | |

|Wise Installation Studio |14 |11-16 |$ /per day |

|Using the example above: The all-inclusive price for the 2 day class (for 10 students) is $XXXX. Divided by 2 class days equals $XXXX per “training day”.|

|Breaking down the cost to a “price per day” insures bidders aren’t penalized due to the number of class days included in the Course. |

|If have a lower class size, Contractor and Agency can discuss and agree, in writing, upon a lower price. |

Attachment 3

Contractor (Name and Address) [or print on letterhead] Invoice No.

Date of Invoice:

Contract No. :

Contract Expiration Date:

Contractor Project Manager & Phone: ____________________ ____________

Contact for Billing Questions & Phone : ____________________ ____________

Bill To: Rhea Rodriguez, Contract Administrator

155 Cottage St NE

Salem, Oregon 97301

503-378-5393

| | | | |

|Name of Class and number of attendees |Class Date(S) |cost per Day |Total |

|Name | | | |

|Name | | | |

Total Work Order Amount $________________

Total Previously Invoiced $________________

Amount Remaining on Task Order $________________

Total Amount Due This Invoice $________________

________________________________________________________________________

For DAS accounting use only:

PCA ____________

Obj ____________

Proj ____________

PH ____________

CA initial ________

Supervisor’s Approval: __________________ Date: __________

Attachment 4

COVER SHEET

(Return With Proposal)

Oregon Department of Administrative Services

Legal Name of Proposer:_________________________________________________________

Mailing Address: ___________________________________________________________

Contact Person: Email Address:

Telephone: Fax:

|Secretary of State, Corporations Division, Registration No.: | |

Business Designation: (check one box)

[ ] Corporation [ ] Professional Corporation [ ] Partnership [ ] Limited Partnership

[ ] Limited Liability Company [ ] Limited Liability Partnership [ ] Sole Proprietorship [ ] Other

Provide at least three (3) references

|REFERENCE No. 1: | | |

|Organization Name: | |Telephone: |

|Their Contact Person: | |Fax: |

|Project Title: | |Email: |

|REFERENCE No. 2: | | |

|Organization Name: | |Telephone: |

|Their Contact Person: | |Fax: |

|Project Title: | |Email: |

|REFERENCE No. 3: | | |

|Organization Name: | |Telephone: |

|Their Contact Person: | |Fax: |

|Project Title: | |Email: |

DAS reserves the right to obtain a reference from any source known to DAS in addition to the above references.

Type name of person(s) authorized to negotiate contracts Type name of person(s) authorized to sign contracts

Type name of authorized representative Firm’s Federal Tax ID Number

Signature of Authorized Representative Date

-----------------------

[1] See OAR 125-246-0110 for the definition of “Personal Services Contract” and other capitalized words used in this form.

[2] Agency: ORS 670.600 mandates the selection of at least three (3) requirements. An Agency may require a higher number.

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