010-25-22955 Water Acquisition RFP.pdf

Oregon Watershed Enhancement Board - Request for Proposals Water Acquisition Application Reviews

S-69100-00007838 (010-25-22955)

STATE OF OREGON

Oregon Watershed Enhancement Board

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S-69100-00007838 for Water Acquisition Application Reviews.

Date of Issue: 8/18/2023

Opening Date and Time: 9/15/2023 at 2:00pm

Single Point of Contact (SPC): Tara Choate

Address: 775 Summer St. NE, Suite 360

City, State, Zip: Salem, OR 97301

Phone: (971) 345-7232

E-mail: tara.choate@oweb.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

TABLE OF CONTENTS

Section 1: GENERAL INFORMATION

Section 1.01: Schedule

Section 1.02: Single Point of Contact (SPC)

Section 2: AUTHORITY, OVERVIEW, AND SCOPE

Section 2.01: Authority, Method, and Terms

Section 2.02: Overview and Purpose

Section 3: SCOPE OF WORK/SPECIFICATIONS

Section 3.01: Contractor Responsibilities

Section 4: Proposer/Contractor REQUIREMENTS

Section 4.01: Experience

Section 4.02: Abilities

Section 5: Proposal & Submission Requirements

Section 6: SOLICITATION PROCESS

Section 6.01: Public Notice

Section 6.02: Questions / Requests for Clarifications

Section 6.03: Proposal Delivery Options

Section 6.04: Proposal Modification or Withdrawal

Section 6.05: Proposal Due

Section 6.06: Public Opening

Section 6.07: Proposal Rejection

Section 7: Responsiveness

Section 7.01: Responsiveness determination

Section 7.02: Responsibility Determination

Section 8: Evaluation

Section 8.01: Scoring Guidelines

Section 8.02: Evaluation Items

Section 8.03: Point and Score Calculations

Section 8.04: Ranking of Proposers

Section 8.05: Next Step Determination

Section 8.06: Preferences

Section 8.07: Additional Rounds

Section 9: Protests (Solicitation or Intent to Award)

Section 9.01: Protests to RFP

Section 9.02: Protests to Amendment(s)

Section 9.03: Intent to Award Protest

Section 9.04: Requirements for Protests

Section 10: AWARD AND NEGOTIATION

Section 10.01: Award Consideration

Section 10.02: Intent to Award Notice

Section 10.03: Apparent Successful Proposer Submission Requirements

Section 10.04: Contract / Price Agreement Negotiation

Section 10.05: Additional Information

Attachments

Attachment A: Disclosure Exemption Affidavit – Optional. No trade secrets expected to be offered. All proposals subject to public records request.

Attachment B: Offeror Information and Certification Sheet – Required before a contract is finalized.

Attachment C: Reference Check Form – Optional. If additional rounds of evaluation are needed, highest ranking Offerors will be contacted, and a form will be requested.

Attachment D: Certified Disadvantaged Business Outreach Plan – Optional.

Attachment E - Insurance Requirements if the Proposer is offered a contract. Non-negotiable.

Attachment F: Sample Contract.

Section 1: GENERAL INFORMATION

The State of Oregon, acting by and through the Oregon Watershed Enhancement Board (OWEB), (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Water Acquisition Application Reviews.

OWEB uses a coordinated funder-based framework to solicit and screen proposals for water acquisition programs, in conjunction with other funders. To continue implementing an effective water acquisition program, the Agency is proposing to contract with a consultant to assist with specific elements of the review of Water Acquisition grants.

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be two years with options to renew up to a cumulative maximum of six years. The Agency expects to spend around $15,000.00 per year on these reviews, with a total contract of up to $90,000.00.

Description of OWEB’s Water Acquisition grants, as well as links to statutes and rules, can be found on the website:

https://www.oregon.gov/oweb/grants/Acquisitions/Pages/water-acquisitions.aspx

Section 1.01: 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 RFP.

Event Date Time

Pre-Proposal Conference N/A N/A

Questions / Requests for Clarification Due 8/25/2023 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.)

9/1/2023 2:00 PM

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal 9/15/2023 1:00 PM

Presentations, Demonstrations, or Interviews N/A

Issuance of Notice of Intent to Award (approx.) 10/15/2023

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

Section 1.02: Single Point of Contact (SPC)

The SPC for this RFP is identified on the Cover Page (page 1), along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

Section 2: AUTHORITY, OVERVIEW, AND SCOPE

Section 2.01: Authority, Method, and Terms

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-0170(2). Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below. Terminology specific to the OregonBuys system may be found at: https://oregonbuys.gov/bso/

Section 2.02: Overview and Purpose

The Oregon Watershed Enhancement Board (OWEB)(“Agency”) provides grants to help Oregonians take care of local streams, rivers, wetlands and natural areas. The Agency is led by an 18-member citizen board drawn from the public at large, tribes, and federal and state natural resource agency boards and commissions.

The Oregon Constitution and/or Oregon Revised Statutes give Agency the authority to use funds for projects referred to collectively as the Water Acquisition Program. Additional Water Acquisitions funds were authorized in HB5202 in the 2022 Regular Session, and codified in Chapter 110, Section 304-305 (2022 Laws)

Section 2.02.a: Water Acquisition Program

OAR 695 Division 46 specifies the purpose of water acquisition grants, water acquisition expenses eligible for Agency funding, required matching funds, water acquisition evaluation criteria, the application review process, application requirements, and grant conditions. Contractor should be familiar with Water Acquisition programs and be aware of pertinent rules regarding the program.

Evaluation criteria come directly from OAR 695-046-0196 and include:

1) The significance of the projected ecological outcomes, including how the proposed Water Acquisition Project:

a) Achieves or helps to achieve any professionally accepted flow target during the period of use;

b) Addresses limiting factors identified in professionally accepted conservation plans for habitat conservation needs or water quality;

c) Provides benefits to impacted species and life stages;

d) Monitors and tracks project impacts over time, as appropriate for the transaction type and duration;

e) Monitors project compliance, as appropriate for the transaction type and duration; and

f) Contributes to climate change adaptation.

2) The alignment of proposed costs with the work necessary to accomplish the objectives described in the application, including:

a) The ownership, use, validity, and reliability of the water right;

b) How the proposed cost of the Legally or Contractually Protected Instream Flow is consistent with local or regional market conditions; and

c) How the term of the proposed Water Acquisition Project is appropriate to meet the habitat, species, or water quality needs.

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3) How the proposed activities are part of a strategic effort or long-term vision for restoring instream flows in the watershed, including how the proposed Water Acquisition Project:

a) Complements other habitat conservation actions and needs;

b) Will lead to future expansion of instream flow restoration; and

c) Addresses Oregon Department of Fish and Wildlife, or other federal or tribal fish and wildlife agency priorities for aquatic habitat, Oregon Department of Agriculture or Oregon Department of Forestry priorities for water quality, or Oregon Department of Environmental Quality water quality management or implementation plans, if established.

4) The capacity and qualifications of the applicant, including staff or consultants to be retained, to accomplish the proposed Water Acquisition Project activities described in the application and to sustain the projected ecological outcomes over the project term.

Section 3: SCOPE OF WORK/SPECIFICATIONS

This Scope of Work is intended to be a general description of the Agency’s requirements. At time of contract, the Scope of Work may be expanded, amended, or otherwise changed to describe the Work to be completed as agreed to by the parties.

Section 3.01: Contractor Responsibilities

Review proposals for water acquisition programs, in conjunction with Agency staff and other funders. The review processes must include, but is not limited to, the following conditions and steps described below.

Section 3.01.a: Review

Contractor will provide application reviews in accordance with the following criteria in OAR 695-046-0196:

1. The alignment of proposed costs with the work necessary to accomplish the objectives described in the application, including how the proposed cost of the Legally or Contractually Protected Instream Flow is consistent with local or regional market conditions; and

2. The capacity and qualifications of the applicant, including staff or consultants to be retained, to accomplish the proposed Water Acquisition Project activities described in the application and to sustain the projected ecological outcomes over the project term.

3. The contractor will review the following aspects of the application:

a. Applicant’s water transaction qualifications.

b. Transaction soundness.

c. Water valuation.

4. The contractor will provide a written evaluation and supporting data, where appropriate, that addresses the criteria listed above for each application reviewed.

5. Provide review results and funding recommendations, which are developed in a coordinated fashion with Agency staff and other funders, to the OWEB Board and Agency staff.

Section 3.01.b: Agency Assistance

Assist Agency staff with periodic updates of program materials, including but not limited to application forms and instructions, guidance documents, forms, and templates.

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Section 3.01.c: Final Report

Provide a final report with recommendations for improvements in subsequent solicitations.

Section 4: PROPOSER/CONTRACTOR REQUIREMENTS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section.

Section 4.01: Experience

1. Strong background in water rights transactions for water acquisition and flow restoration, and all aspects of due diligence work associated with them;

2. Extensive (more than ten (10) years) experience working on water transactions, including but not limited to temporary leases, permanent transfers, and contractual agreements of water rights for in-stream purposes, including valuations of water transactions;

3. Extensive (more than ten (10) years) experience working with non-profits, governments and/or other entities that acquire in-stream water rights; and

4. Demonstrated experience in developing and implementing solicitation and review processes for water acquisition/flow restoration grants.

5. If a subcontractor is utilized for a portion of the review process, identify the subcontractor and what experience they have for assisting with the review process.

Section 4.02: Abilities

1. Strong communication and negotiation skills;

2. Demonstrated ability to work with multiple types of organizations, including:

a. Funders

b. Implementers of water acquisitions

c. Regulators of water rights

3. Able to design and clearly document effective and efficient solicitation and review/evaluation processes for water acquisition proposals;

4. Able to review deliverables associated with due diligence, including but not limited to:

a. Title materials

b. Water rights certificates

c. Water rights assessments

d. Water rights valuations

5. Able to write understandable and technically sound reviews of water acquisition proposals;

6. Able to work and travel independently;

7. Able to travel to meetings and site visits in the state of Oregon; and

8. Able to meet all deadlines as established in each task order issued by the Agency.

Section 5: PROPOSAL & SUBMISSION REQUIREMENTS

To be considered for evaluation, Proposers must submit a letter of no more than three pages describing how they intend to provide the services and expertise described in this RFP. The letter may reference outside sources. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation.

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A Price Proposal with a clear outline of the price structure must be included within the three-page Proposal.

Proposal should follow the format and reference the sections listed in Section 4: Proposer/Contactor Requirements.

Responses to each section and subsection should be labeled to indicate the item being addressed.

A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposer should submit its Proposal electronically through OregonBuys. Proposer/Supplier resources can be found at:

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

Section 5.01.a: Additional Attachments and Information

A. Public Information Requests: All Responses will be eligible disclosure to Public Information Requests.

B. Reference Checks: If Agency reviewers deem a reference check is required, all responsive Proposers will be contacted and asked to fill out a Reference Check Form. See Attachment C for a sample of the form.

C. Insurance: If the Agency choses to award a contract, the Proposer will have to provide proof of required insurance. This insurance will be at the Proposer’s own cost. See Attachment F to see the sample contract with insurance requirements. Attachment E also details required insurance.

D. Independent Contractor Certification: If the Agency chooses to award a contract, the Proposer will have to fill out an Independent Contractor Certification Form (see Attachment B).

E. COBID: Proposers wishing to may fill out and return a COBID Certification / Outreach Plan (Attachment D). It will not be included in your page count. See Section 10.05: Additional Information for more information.

Section 6: SOLICITATION PROCESS

Section 6.01: Public Notice

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued.

Amendment(s) are incorporated into the RFP by this reference.

Section 6.02: Questions / Requests for Clarifications

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

• Be delivered to the SPC via an OregonBuys submission, email, or hard copy;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP 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 Section 1.01:

Schedule.

Section 6.03: Proposal Delivery Options

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected.

The following delivery options are permitted for this RFP:

Proposal submission should be electronically through OregonBuys at: https://oregonbuys.gov/bso/. Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf.

Section 6.04: Proposal Modification or Withdrawal

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 6.03: Proposal Delivery Options. To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440.

To be effective the notice must include the OregonBuys bid number.

Section 6.05: Proposal Due

A Proposal, including all required submittal items, must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening. A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

Section 6.06: Public Opening

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

Section 6.07: Proposal Rejection

Agency may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal 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 RFP or Amendment(s).

Section 7: RESPONSIVENESS

Section 7.01: Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Error! Reference source not found. Minimum Qualifications and Section 5: Minimum Submission Requirements. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

Section 7.02: Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. At any time prior to award, Agency may reject a Proposer found to be not Responsible.

Section 8: EVALUATION

Section 8.01: Scoring Guidelines

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 Proposer 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 Proposer.

1 – 4 FAIR – Proposer 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 RFP. Proposer has not demonstrated knowledge of the subject matter.

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for

S-69100-00007838 (010-25-22955) optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 8:

Evaluation Criteria up to the maximum points available as specified in Section 8.03: Point and Score Calculation.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Section 8.02: Evaluation Items

Proposals will be evaluated according to the criterion described in Section 4.01. These evaluations will focus on the how well the Proposer describes the desired Requirements.

Total Points Score Calculation

Quality of Proposal 15 0 to 10 Points x (Score/10)

Qualifications 70 0 to 10 Points x (Score/10)

Price Proposal 15 0 to 10 Points x (Score/10)

Total 100 Points

Section 8.02.a: Quality of Proposal

Examines if the Proposal meets the requirements as stated In Section 5 and evaluates if the Proposal seems error-free and professional. For example, a Proposal with many typos, referencing out-of-date URLS would score lower than a well-presented proposal.

Section 8.02.b: Qualifications

Reviewers will review the Proposal to see if the minimum qualifications have been met and the description of proposed tasks adequately covers the expected work. For example, a Proposal that did not, at least briefly, describe who will be working on the project and their expertise level would score lower than a Proposal that described who will be the key persons, what their experience is, and why they should lead the project.

Section 8.02.c: Price Proposal

Reviewers will review the Proposal to see if rates and other costs are described clear and seem reasonable for the work.

For example, a Proposal without a Price Proposal would receive fewer points than a Proposal that describes the proposed costs and fees in detail.

Section 8.03: Point and Score Calculations

Scores are the values (0 through 10) assigned by each evaluator. Points are the total possible for each section.

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%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

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EXAMPLE: Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

Section 8.04: Ranking of Proposers

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

Section 8.05: Next Step Determination

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

Section 8.06: Preferences

Reciprocal Preference: For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

Recycled Materials: Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

Tiebreakers: If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

Section 8.07: Additional Rounds

Proposers progressing to Round X will be invited to participate in Proposer interviews. Interviews may be in person at a location determined by Agency; however, Agency may elect to conduct interviews via teleconference. Further details will be included with Notice of Competitive Range.

Section 9: PROTESTS (SOLICITATION OR INTENT TO AWARD)

Section 9.01: Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

Section 9.02: Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

Section 9.03: Intent to Award Protest

An Affected Proposer shall have seven (7) calendar days from the date of the Intent to Award notice to file a Written protest. A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

Section 9.04: Requirements for Protests

All protests must:

• Be delivered to the SPC via email or hard copy;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

• Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

Section 10: AWARD AND NEGOTIATION

Section 10.01: Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP.

Section 10.02: Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

Section 10.03: Apparent Successful Proposer Submission Requirements

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

Section 10.03.a: Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Attachment E.

Section 10.03.b: Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

Section 10.03.c: Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

Section 10.03.d: Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit a Responsibility Inquiry Form, to be provided by the

SPC.

Section 10.03.e: Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

Section 10.03.f: Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment B - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

Section 10.04: Contract / Price Agreement Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment F).

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment F).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

If the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

If the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

Section 10.05: Additional Information

Certified Firm Participation: Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories:

disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment D) prior to execution.

Governing Laws and Regulations: This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon;

provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

Ownership / Permission to Use Materials: All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer 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 Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

Cancellation of RFP; Rejection of Proposal; No Damages: Pursuant to ORS 279B.100, Agency may reject any or all Proposals, in-whole or in-part, or may cancel this RFP 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 any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract award, or the rejection of any Proposal.

Cost of Submitting a Proposal: Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.