025-24 RFP Telemetry Heli Flights for Inventory-Capture of Gray Wolves.pdf

STATE OF OREGON ACTING BY AND THROUGH ITS

DEPARTMENT OF FISH & WILDLIFE

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number

#S-63500-00009428 for

TELEMETRY HELICOPTER FLIGHTS FOR INVENTORY, AND CAPTURE OF GRAY

WOLVES THROUGHOUT EASTERN OREGON

Date of Issue: February 8, 2024

Opening/Closing Date: March 19, 2024 at 3:00 PM

Single Point of Contact (SPC): Jake Howard

ADDRESS: 4034 FAIRVIEW INDUSTRIAL DR SE

CITY, STATE, ZIP SALEM OR, 97302

PHONE (VOICE) (503) 947-6130

E-MAIL: JAKE.E.HOWARD@ODFW.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.

mailto:jake.e.howard@odfw.oregon.gov

RFP # S-63500-00009428- Telemetry Helicopter Flights for Inventory, And Capture of Gray Wolves Throughout Eastern Oregon Contract #: 025-24

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE ......................................................................................Error! Bookmark not defined.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION ........................................................................................Error! Bookmark not defined.

SECTION 5: AWARD AND NEGOTIATION

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5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

6.8 PRINTING, BINDING, AND STATIONERY WORK .............................................Error! Bookmark not defined.

6.9 CHECKLIST DISCLAIMER ....................................................................................................Error! Bookmark not defined.

LIST OF ATTACHMENTS

ATTACHMENT A CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H – SCORED PROPOSAL COMPONENTS FORM

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Fish and Wildlife, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060

The management of wolves in Oregon is directed by a Commission adopted plan that considers the mission of the agency, wolf management issues, and public needs. The Oregon Department of Fish and Wildlife (ODFW) has authorization to conduct wildlife management activities under ORS. 496.012 including wildlife research under ORS 496.164. Agency biologists will conduct future wildlife telemetry and census operations for wolves in Northeast Oregon, wolf capture is necessary to collect basic biological information and to install radio collars. In addition, in response to possible wolf depredation Agency may conduct lethal control actions on depredating wolves in Northeast Oregon per the Oregon Wolf Conservation and Management Plan.

The Oregon Department of Fish & Wildlife (ODFW), Wallowa District Office, is seeking a contractor (hereafter “Contractor”) to provide a helicopter, with experienced wolf capture pilot, fuel truck and driver to capture wolves and/or ferry agency biologist to various field locations to collar and collect data in Northeast Oregon.

Agency anticipates the award of no more than two Contracts from this RFP.

The initial term of the Contract is anticipated be two (2) years with options to renew every two (2) years up to a cumulative maximum of 10 years.

Agency may issue purchase orders or work orders pursuant to this Contract up to two (2) years from the effective date of the Contract.

Any purchases under the Contract must be authorized by purchase order or work order issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample Contract. Proposers are advised that there is no guarantee of any specific amount of purchase under the Contract. Notwithstanding the award of a Contract, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Questions / Requests for Clarification Due February 28, 2024 3:00 PM

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

March 5, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) March 29, 2024

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

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, 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

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS. 496.012, 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.

2.2 DEFINITION OF TERMS

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://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

For purposes of this RFP:

“Amendment” as used in OregonBuys means “Addendum” or “Addenda”, as defined in OAR 125-246- 0110(1);

“Business days” means calendar days, excluding Saturdays, Sundays and all State recognized holidays;

“Bid Opening Date” means “closing” as defined in OAR 125-246-0110(26). Proposal “Opening” as defined in OAR 125-246-0110(99) will immediately follow.

“Calendar days” means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State holiday or other day;

“Certified Firm” or “Certified Small Business” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity as “disadvantaged business enterprise”, “minority-owned business”, “woman-owned business”, “emerging small business” or “a business that a service-disabled veteran owns”;

“COBID” means Certification Office for Business Inclusion and Diversity;

"Contracting Agency” means the Oregon Department of Fish and Wildlife;

“days” means calendar days;

“DEI” means diversity, equity, and inclusion as described in Executive Order No. 22-15;

“Professional Services” means architectural, engineering, photogrammetric mapping, transportation planning or land surveying services that must be procured using qualifications-based selection procedures [see ORS 279C.100 and ORS 279C.110];

“Project” means the constructed facility or other improvement that Consultant has been retained to design or provide services for;

"Proposal" (referred to as “Quote” in OregonBuys) means a written response to a Request for Proposals;

“Proposers” – (referred to as “Vendor” in OregonBuys) All firms submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”;

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

“Qualifications Based Selection” or “QBS” means evaluation and scoring of Proposals based on qualifications, experience, and project approach, without considering cost.

“Related Services” has the meaning provided in ORS 279C.100;

“RFP” means Request for Proposal (referred to as “Bid Solicitation” in OregonBuys);

“Scope of Work” means the general character and range of Services and supplies needed, the work’s purpose and objectives, and an overview of the performance outcomes expected by Contracting Agency;

“Services” means the services to be performed under the Contract;

“State” means State of Oregon;

“Statement of Work” or “SOW” means the specific provisions in the final Contract which set forth and define in detail (within the identified Scope of Work) the agreed-upon objectives, expectations, performance standards, Services, deliverables, schedule for delivery and other obligations;

“Vendor” is a term used in OregonBuys and means any form of business entity registered in OregonBuys;

“Writing” means letters, characters and symbols made in electronic form or inscribed on paper and intended to represent or convey particular ideas or meanings.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The ODFW’s mission is to protect and enhance Oregon's fish, wildlife, and their habitats for use and enjoyment by present and future generations. Offers are being requested by the Agency’s Wildlife Division.

The Wildlife Division consists of three main programs: Conservation, Game, and Habitat.

• The Conservation Program is responsible for statewide species surveys, conservation and management of sensitive, threatened, and endangered species, marine mammal health, and implementation of the Comprehensive Wildlife Conservation Strategy.

• The Game Program is responsible for inventories of game species, game management, hunter surveys, harvest regulations, investigation of wildlife diseases, wildlife damage prevention and response, and predator control.

• The Habitat Program is responsible for management of the department’s 16 wildlife areas, development and restoration of fish and wildlife habitat, landowner assistance for habitat development, the Access and Habitat Program, and administration of Pittman-Robertson Act funds.

This proposal request is under the Wolf Management Program with the goal of supporting the Agency mission by conducting Gray Wolf management, research, population surveys.

2.3.2 Project Overview and Background

Information on Oregon’s Wolf Management Plan can be found at:

https://www.dfw.state.or.us//Wolves/management_plan.asp

2.4 SCOPE OF WORK/SPECIFICATIONS

Agency will use the outcome of this RFP Agreement to conduct wildlife telemetry, capture and census operations for wolves in Northeast Oregon. The wolf capture is necessary to collect basic biological information and to install radio collars. The management of wolves in Oregon is directed by a Commission adopted plan that considers the mission of the agency, wolf management issues, and public needs. The agency has authorization to conduct wildlife management activities under ORS. 496.012 including wildlife research under ORS 496.164

Description of work: The anticipated telemetry and capture locations are current or recently located wolf packs throughout Northeast Oregon, with possible operations in other parts of Oregon. Contractor will https://www.dfw.state.or.us/Wolves/management_plan.asp provide a helicopter, experienced wolf capture/survey pilot, fuel truck and driver to assist in the capture and monitoring of wolves (flight time estimated at 120 hours per year) and to ferry Agency biologist to various field locations to collar and collect data throughout Eastern Oregon. The wolves will be captured by darting using on-board Agency biologist as the darter. Contractor will ferry additional agency personnel to capture site. Immobilized wolves will be fitted with radio-collar and processed in the field by Agency personnel. Any wolf mortalities will be transported to appropriate field location. If the need arises, Contractor will provide a helicopter, experienced wolf capture pilot, fuel truck and driver to assist with the lethal control of wolves in Northeast Oregon. Neither capture nor lethal control operations are specifically planned at this time. Rather they will be conducted only if determined by Agency so estimated dates of operation are unpredictable throughout the Contract period.

Pilot(s), ground crews and anybody involved in this project will not be allowed to take photos during lethal control operations, nor be allowed to share wolf capture, collaring, and location information during any operation.

CONTRACTOR WILL:

1. Provide a helicopter with specifications outlined in Section 3, a pilot with wolf capture and survey experience and support services including fuel service truck and driver.

2. The Contractor’s pilot will conduct up to approximately 120 hours per year of agreement flying surveys throughout the wildlife management units in Northeast Oregon.

3. The Contractor’s Pilot will coordinate all flight days and start times with the designated Agency biologist.

Contractor understands that any efforts under this Contract will be on a short notice basis. The Contractor’s pilot will transport Agency biologist to designated locations.

AGENCY WILL:

1. Provide up to three (3) Agency Biologists as flight passengers/observers to conduct wolf capture, lethal control and processing. The Agency will provide the Contractor with detailed coordinates or instructions to specific areas where wolves are to be captured.

2. The Agency’s Biologists (observers) will instruct the pilot regarding survey locations, routes, approaches, flight patterns, and techniques to allow the observers to collect all the appropriate data.

The Contractor and an ODFW representative shall agree on a start date with 24 hours advance notice. The Contractor’s pilot will determine all conditions regarding safety prior to and during the flight. Should the Contractor’s pilot consider the conditions unsafe, he or she will either forego that particular flight or will return to base or any other site deemed more appropriate for safety reasons. The flight schedule is approximate and is subject to change for reasons of inclement weather, animal distribution as a result of range conditions and weather, and budget availability. Schedules may be adjusted between locations if necessary to complete project work in an effective manner. Actual departure sites may vary to facilitate efficient and safest use of helicopter time. The schedule may also require non-flight days to accommodate weather conditions; aircraft service schedules, and unforeseen events.

Work: Acceptance Criteria; Deliverables and Delivery Schedule:

The Agency will conduct wolf capture operations and potential lethal removal efforts at various times throughout the Contract’s period 9/15/2019 through 6/30/2021. Contractor will provide helicopter, fuel/service truck and driver, and experienced wolf capture pilot. Contractor will provide a helicopter with specifications outlined in the RFP. Helicopter flights will be based out of a variety of locations in Oregon, but primarily La Grande, Baker City, and Enterprise, OR. The Agency will provide up to three (3) biologists as observers and other necessary equipment. This Contract will become effective upon the last date of signature and shall expire on June 30, 2021. The helicopter flights for wolf capture may start as soon as a final Contract is authorized. Completion of any wolf capture or lethal removal as soon as possible given need for the Agency and weather constraints is necessary to assure the most accurate biological data collection and wolf management requirements. Helicopter and pilot should be capable of reaching La Grande, Oregon within 30 minutes of request by ODFW.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

This section of the RFP identifies areas that the Agency has determined are necessary to evaluate whether the Offeror can successfully accomplish the services covered by this RFP. Proposals shall clearly address each of the areas identified. Proposer’s failure to comply with the instructions or submittal of an incomplete Proposal may result in Proposal being deemed non-responsive, except that the Agency reserves the right to waive minor irregularities.

Proposals not in compliance with the following Minimum Offeror Requirements will be rejected. At a minimum, responses to the solicitation shall include:

Offeror must have a minimum of 5 years of successful professional experience performing services comparable to those required under this Contract provide at least three current professional references for work (from different firms and clients) supportive of Offeror’s ability to comply with the requirements of this Contract.

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

3.1.1 Aircraft to be provided by Offeror

The contractor is required to provide a Bell 206L, Hughes 500d, Robinson R44 or equivalent with minimum 340 horsepower to meet requirements for capture. Submit with bid airframe age of aircraft with the complete damage history. The aircraft is required to have radio communications between the pilot and ground crew, a G.P.S. navigational system, and Automated Flight Following (AFF) monitored by someone on the ground during operations. The aircraft must have telemetry antennas and the necessary wiring to hook up the Agency telemetry receiver. The aircraft must currently be FAA certified and maintained in accordance with Federal Aviation Regulations (FAR) Part 133 or 135 standards. Aircraft must be qualified for the work and terrain required in accomplishing our work and approved by FAA. The aircraft must have a supplemental passenger restraint system approved by the FAA under Emergency Order of Prohibition, Docket No. FAA-2018-0243 allowing for restraints that can be quickly released by the passenger with minimal difficulty when operating “doors off”. Substitute or back-up aircraft must meet the same standards as the original aircraft requirements we specified. All approved aircraft shall be authorized to perform the requirements of this Contract in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements. ODFW reserves the right to check the background of any aircraft and may reject any bid if unfavorable information is detected.

3.1.2 Pilot(S) Requirements – Attachment H

Have flight experience as follows, substantiated by pilot logbook:

- Minimum of 1000 hours of helicopter flight time with aircraft equivalent to this contract requirement

- Minimum of 100 hours of low elevation (<500 ft.) over variable and rough terrain.

- Minimum of 100 hours of flying altitudes up to 6,500 ft.

- Minimum of 25 hours of takeoffs and landings in remote areas.

- Minimum of 100 hours of wildlife inventory experience.

- Aircraft pilots must be qualified in accordance with FAR Part 135. Substitute or back-up pilots must meet the same standards as the original pilot requirements as specified. All approved pilots shall be authorized to perform the requirements of this Solicitation in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements. The Agency reserves the right to check the background of any pilot through the Federal Aviation

Administration. If substantiated information is found showing poor performance, safety violations, failure to fulfill contractual obligations, minimum requirements not being met, or any other unfavorable information; the Agency reserves the right to reject any pilot/proposal for purposes of this Solicitation and any resulting contract.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Quantity

Offers must be in the form of a An Offer “package” containing one (1) original copy of the Offer.

Offers should be prepared in a simple, economical manner, in PDF form. Responses to each section and subsection should be labeled to indicate the item being addressed. Offer must describe in detail how requirements of this Solicitation will be met and may provide additional related information.

In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer, clearly identified as the redacted version.

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

3.2.2 Authorized Representative

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

Proposal is limited to 10 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

3.3 PROCUREMENT PROCESS

3.3.1 Proposer Information and Certification Sheet

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued.

Amendments are incorporated into the solicitation by this reference.

3.3.2 Questions/Requests for Clarification

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

• Be emailed to SPC

• Reference the OregonBuys bid number

• Identify Offeror’s name and contact information;

• Be sent by an authorized representative

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

3.3.3 Pre-Offer Conference

A Pre-Offer conference will not be held for this solicitation.

3.3.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offer submitted by any means not authorized may be rejected.

3.3.4.1 Offer Submission

Delivery through OregonBuys (Preferred Method)

ODFW’s preferred method for submitting Offerors is through OregonBuys. Offeror should follow the procedures outlined in the detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), or Microsoft Word (docx). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure.

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

Delivery through Other Electronic Media Response (E-Mail)

If Offeror elects to submit its Offer by other electronic media, Offeror shall submit one copy of its Offer and all other submittal requirements, to the E-Mail address below:

E-Mail Address: ODFW.Bids@odfw.oregon.gov When E-Mailing: Offerors must address the Subject line as follows:

Subject: OFFER FOR RFP #S-63500-00009428

The total combined file size of all documents should be compressed so it does not exceed 10 megabytes.

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

3.3.5 Modification or Withdrawal Quotes or Offers

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

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.3.6 Offer Opening Date (Offer Due Date)

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation. Late Offers will be returned to the respective Offeror or destroyed.

3.3.7 Offer Rejection

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

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

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

• Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx mailto:ODFW.Bids@odfw.oregon.gov agencies, boards, commissions, departments or divisions.

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

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

• Offer is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment.

3.3.8 Opening of Offers

There will be no public Opening of Proposals. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identity of all Offerors after Opening.

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC 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.

4.2 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, or email;

• 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 the Schedule in Section 1.2.

4.3 SOLICITATION PROTESTS

4.3.1 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.

4.3.2 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.

https://oregonbuys.gov/

4.3.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• 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:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o 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.

4.4 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:

Delivery through OregonBuys (Preferred Method)

ODFW’s preferred method for submitting Offerors is through OregonBuys. Offeror should follow the procedures outlined in the detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), or Microsoft Word (docx). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure.

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

Delivery through Other Electronic Media Response (E-Mail)

If Offeror elects to submit its Offer by other electronic media, Offeror shall submit one copy of its Offer and all other submittal requirements, to the E-Mail address below:

E-Mail Address: ODFW.Bids@odfw.oregon.gov When E-Mailing: Offerors must address the Subject line as follows:

Subject: OFFER FOR RFP #S-63500-00009428

The total combined file size of all documents should be compressed so it does not exceed 10 megabytes.

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

4.5 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 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx mailto:ODFW.Bids@odfw.oregon.gov

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.

4.6 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.

4.7 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2. 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.

4.8 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).

4.9 EVALUATION PROCESS

4.9.1 Responsiveness and Responsibility Determination

4.9.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (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.

4.9.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) within 5 Business Days of receipt of Intent to Award notice.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the

Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

4.9.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this Section

4.10.2 up to the maximum points available as specified in Section 4.11 (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.

4.9.2.0 Understanding of Requested Services/Project (Use Attachment H) 10 Points

Demonstrate a clear and concise understanding of the project based on existing information. Address general description of the purpose and key issues.

4.9.2.1 General Qualifications (Attachment H) 30 Points

Demonstrate capability to complete the requested services. Response must list projects performed within the last three years, most comparable to the requested services. Include a description of their type, size, and duration. Also, for each project, indicate whether the work was accomplished within the original budget and deadlines, or needed to be revised. Briefly explain the reason for any revisions.

Does the Offeror clearly describe how their qualifications will allow them to successfully perform the scope of work and meet all the minimum requirements?

Does the proposal demonstrate services comparable to those required under this RFP?

Does the Offeror demonstrate comparable services required under this RFP?

4.9.2.2 Pilot(s) Qualifications, Primary and Back-up (Attachment H) 30 Points

List all Pilot(s) flight experience over and above the Mandatory Requirements listed in section 3.1.2.

SCORE EXPLANATION

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.

29-20 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.

19-11 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.

10-1 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

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.

4.9.3 PRICE EVALUATION 30 Points

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible price score price being scored

4.9.4 PREFERENCES

4.9.4.1 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.

4.9.4.2 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.

4.10 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE

4.10.2.1 Understanding of Requested Services/Project 10

4.10.2.2 General Qualifications (Attachment H) 30

4.10.2.3 Pilot(s) Qualifications, Primary and Back-up 30

4.10.3 PRICE POINTS POSSIBLE 30

4.11 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.

4.11.1 Competitive Range Determination

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.

https://www.naspo.org/reciprocity1

4.12 AWARD NOTIFICATION PROCESS

4.12.1 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.

4.12.2 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.

4.13 INTENT TO AWARD PROTEST

4.13.1 Protest Submission

An Affected Proposer shall have 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:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

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.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

4.13.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

4.14 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:

4.14.1 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 Exhibit B of Attachment A.

4.14.2 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.

4.14.3 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.

4.14.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry.

4.14.5 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.

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

4.14.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - 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.

4.15 CONTRACT NEGOTIATION

4.15.1 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 A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

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/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 A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx the negotiable provisions of the Sample Contract/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.

Agency is willing to negotiate ONLY the Statement of Work and the following terms and conditions:

In the event that 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.

4.15.2 Contractor Selection Methodology

In the event multiple Contracts are awarded, Agency will use the following methodology to determine from which Contractor to purchase.

• Issue all purchases to the highest ranked Contractor.

SECTION 5: ADDITIONAL INFORMATION

5.1 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 F) prior to execution.

5.2 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.

5.3 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.

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

All Proposals submitted in response to this RFP become the Property of Agency.