053-24 RFP Klaskanine Hatchery Intake 1 Redesign Complete.pdf

Request For Proposals of

Professional Services and Related Services for the Klaskanine Hatchery Intake #1 Redesign

By the STATE OF OREGON acting by and through its

DEPARTMENT OF FISH AND WILDLIFE

OREGONBUYS RFP #: S-63500- 00012911

Issuance Date: February 21, 2025

PROPOSALS DUE: March 19, 2025 NOT LATER THAN 2:00 PM PST (or as updated in OregonBuys)

LATE PROPOSALS WILL NOT BE ACCEPTED

Single Point of Contact: Jake Howard

Address: 4034 Fairview Industrial Drive SE

City, State, Zip: Salem, Oregon 97302

Phone (voice): 971-600-4697

E-mail: jake.e.howard@odfw.oregon.gov

Purchaser/Single Point of Contact: Is also displayed as “Purchaser” and “Info Contact” in OregonBuys for this RFP.

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

ODFW Tracking #: 835-053-24 OregonBuys #: S63500-00012911

TABLE OF CONTENTS

1.00 GENERAL INFORMATION

1.01 INTRODUCTION AND PUBLIC NOTICE

1.02 OREGONBUYS

1.03 OBTAINING RFP DOCUMENTS

1.04 RFP ATTACHMENTS

1.05 SOLICITATION SCHEDULE

1.06 PREPROPOSAL CONFERENCE

1.07 SINGLE POINT OF CONTACT (“SPC”)

1.08 STATEMENT OF DEI VALUES

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 PROCUREMENT AUTHORITY

2.02 APPLICABLE LAW

2.03 PROCUREMENT METHOD – PROFESSIONAL SERVICES

2.04 DEFINITIONS

2.05 PROPOSER CERTIFICATION

3.00 PROJECT INFORMATION AND SERVICES SOUGHT

3.01 GENERAL BACKGROUND AND PROJECT DESCRIPTION

3.02 SERVICES SOUGHT

3.03 CONTRACT PHASES

3.04 PERFORMANCE SCHEDULE

3.05 CONTRACT DURATION

3.06 FUNDING SOURCE

3.07 PROJECT REQUIREMENTS/DESIGN REQUIREMENTS

3.08 SILENCE OF SPECIFICATION

4.00 PROCUREMENT PROCEDURES AND REQUIREMENTS

4.01 REQUESTS FOR CLARIFICATION; SOLICITATION PROTESTS/REQUESTS FOR CHANGE

4.02 DISPUTES

4.03 COST OF PREPARATION OF PROPOSAL

4.04 OREGON PUBLIC RECORDS LAW; CONFIDENTIAL OR PROPRIETARY INFORMATION

4.05 FIRM OFFER

4.06 PROPOSAL FORMAT AND CONTENTS

4.07 MODIFICATION OR WITHDRAWAL OF PROPOSAL

4.08 PUBLIC OPENING

5.00 EVALUATION AND SELECTION

5.01 RESPONSIVENESS REVIEW

5.02 CLARIFICATION OF RESPONSES

5.03 MINOR INFORMALITIES

5.04 POINT AND SCORE CALCULATIONS

5.05 RESERVED

5.06 INTERVIEWS AND PRESENTATIONS

5.07 SCORING AND RANKING OF PROPOSERS; DETERMINATION OF APPARENT SUCCESSFUL

PROPOSER

5.08 SELECTION NOTICE AND PROTEST OF PROPOSER SELECTION

6.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

6.01 RESPONSIBILITY DETERMINATION

6.02 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.03 CONTRACT

6.04 SUBSEQUENT NEGOTIATIONS

7.00 CERTIFIED FIRM PARTICIPATION (ORS 200.005 to 200.075; ORS 200.160 to 200.200;

ORS 279A.105)

1.00 GENERAL INFORMATION

1.01 INTRODUCTION AND PUBLIC NOTICE

The Oregon Department of Fish and Wildlife (“Agency” or “ODFW”) is seeking Proposals from

Professional Services Consultants to provide Engineering services in support of the

Klaskanine Hatchery Intake #1 Redesign (“Project”). ODFW is issuing this RFP under its authority as set forth in ORS 279A.050(6)(c) ORS 496.146(11) and ORS 279A.050(n)for architectural and engineering (A&E) services.

ODFW desires to hire an Engineering Design Firm to design a new water intake at the hatchery’s #1 intake, along with designing a new diversion dam and fishway. These designs are intended to create a more efficient water intake for the rearing and raising of fish. The latest version of state and federal regulations shall be used in the design and development of the new intake, diversion dam, and fishway.

The purpose of this restoration project is to enhance 12 miles of upstream habitat to allow wild fish easier passage past the hatchery. In 2020 a study was conducted analyzing the stream intake, hydrology/hydraulic assessment, streambed characterization, site geomorphology, and sediment evaluation data. The data collected suggests the existing design of the hatchery’s lower dam blocks all upstream movement of all fish to capture hatchery broodstock. A Decision Support Document (Attachment G) was produced to provide a preliminary discussion of the opportunities and constraints associated with providing passage at the dam for wild fish and outlines the potential alternatives to achieve this goal.

The selected Consultant will be required to complete four (4) alternate design documents and technical specifications based on available data and reports. Consultant will develop design plans for temporary water management, bank stabilization, dam removal and roughened channel grade control, water intake screening, and infrastructure designs for hatchery fish trapping and sorting. Design drawings will meet State and Federal permitting requirements for fish passage, including lamprey passage guidelines (Pacific Lamprey

Technical Workgroup 2017). A Practical guideline for incorporating adult Pacific lamprey passage can be found online: https://www.fws.gov/pacificlamprey/mainpage.cfm.

Consultant will also prepare cost estimates based on final designs including a budget narrative. Consultant will produce quantitative estimates of fill and removal and other prudent environmental permit details. Consultant will meet with ODFW to discuss infrastructure and design details of the project.

Additional details on the Scope of the Services are described in Section 3.02 (Services Sought) of this RFP and in Exhibit A of the Sample Contract attached. The Project is described in more detail in Section 3.01 of this RFP.

Owner anticipates the award of one (1) Contract from this RFP.

See Section 3.05 (Contract Duration) and Section 6.03 (Contract) for additional information.

Definitions are located in Section 2.04.

https://www.fws.gov/pacificlamprey/mainpage.cfm

1.02 OREGONBUYS

1.02.1 Electronic Procurement System

This solicitation is being conducted through OregonBuys; an electronic procurement as authorized by OAR 137-247-0330 (E-Procurement).

1.02.2 Registration Required

All vendors must be registered in OregonBuys to do business with the state.

Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website. If registration assistance is needed, click here for see vendor registration guidance.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. ODFW shall not be responsible for defective registration or incorrect vendor information.

1.02.3 User Guides

Click here for quick reference information regarding common questions from vendors when using OregonBuys.

1.02.4 Electronic Signatures

By submitting a Proposal to this RFP, the Proposer (and if selected for award, also as the Consultant) agrees with the that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

1.02.5 Failure of Electronic Procurement System

Per OAR 137-247-0330(6) in the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals;

to protest or to otherwise participate in the procurement, ODFWmay cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

1.02.6 Technical Difficulties; Late Submission

Larger files may take additional time to upload to OregonBuys. Proposers are responsible for allowing sufficient time to navigate the OregonBuys system, upload files, and finalize and submit its Proposal via OregonBuys prior to the Proposal Opening Date.

If technical difficulties occur that are of no fault of the Proposer that prevent submission of a Proposal via OregonBuys, the Proposer may notify the SPC in writing, via email, immediately to describe the difficulties encountered and to seek SPC approval of an alternative submission method.

As circumstances warrant, SPC may, at its discretion, allow for an alternative Proposal submission method.

A Proposal received after the Proposal Opening Date is considered late and late submissions due to any reason will not be accepted.

https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

1.03 OBTAINING RFP DOCUMENTS

The RFP and attachments are published in the State of Oregon’s electronic eProcurement system OregonBuys. No documents will be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposers are solely responsible for regularly checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

1.04 RFP ATTACHMENTS

The following are attachments to this RFP:

ATTACHMENT A -- SAMPLE CONTRACT

ATTACHMENT B -- PROPOSER INFORMATION AND CERTIFICATIONS FORM

ATTACHMENT C -- RESERVED

ATTACHMENT D -- CERTIFIED DISADVANTAGED BUSINESS FORM AND OUTREACH PLAN

ATTACHMENT E -- RESPONSIBILITY INQUIRY FORM

ATTACHMENT F -- REFERENCE QUESTIONNAIRE

ATTACHMENT G -- DECISION SUPPORT DOCUMENT-OGEE INTAKE #1, NOVEMBER 2021

In addition to the provisions set forth and linked within the RFP, the RFP incorporates by this reference the information published on the OregonBuys “Bid Solicitation” page for this RFP, including but not limited to:

• Details entered in the Header Information section;

• All RFP attachments, “Amendments” (if any), and any other files linked in the File Attachments and Form Attachments subsections; and

• Information, if any, entered in the “Questions” and “Item Information” sections.

1.05 SOLICITATION 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.

Schedule Item Date

Preproposal Conference N/A

Deadline for Proposer questions 10 calendar days prior to the Proposal Opening Date in OregonBuys Bid Solicitation page for this RFP

Deadline for RFP protests 10 calendar days prior to the Proposal Opening Date and time in OregonBuys Bid Solicitation page for this RFP

Proposal submittal deadline See “Proposal Opening Date” and time in OregonBuys Bid Solicitation page for this RFP

Proposal Opening March 19, 2025 at 2:00pm Completion of Proposal evaluations Estimated 14 calendar days after Proposal Opening Completion of interviews (if conducted)

Estimated 20 calendar days after Proposal Opening

Intent to award notice Estimated 3 business days after all scoring complete Deadline for selection protest No later than 7 calendar days after intent to award notice *Negotiations completed Estimated 30 calendar days after intent to award notice

Contract execution Estimated within 7 calendar days of negotiation completion

*Proposer, by submitting a Proposal, commits to and will be expected to make best efforts to accommodate the negotiation schedule above if selected for intent to award. See Section 6.03.2 Negotiations.

https://oregonbuys.gov/bso/

1.06 PREPROPOSAL CONFERENCE

ODFW will conduct a Preproposal conference for this RFP. ODFW has scheduled a Preproposal conference on March 4, 2025 at 9:00 am, to be held via virtual meeting at this link.

1.07 SINGLE POINT OF CONTACT

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.

1.08 STATEMENT OF DEI VALUES

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Proposals for this contracting opportunity.

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 PROCUREMENT AUTHORITY

ODFW is conducting this RFP according to its authority under ORS 279A.050(6)(c) and ORS 279A.050(n).

2.02 APPLICABLE LAW

This RFP and any resulting Contract are governed by Oregon Law. The Services subject to this RFP are “Professional Services” as defined in ORS 279C.100(2), and ORS 279C.100(3).

Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and Administrative Rules of the Oregon Department of Administrative Services (OAR Chapter 137 Division 246 and OAR Chapter 137 Division 248). The RFP and resulting Contract may be subject to other laws and rules.

2.03 PROCUREMENT METHOD – PROFESSIONAL SERVICES

ODFW is conducting this RFP in conformance with ORS 279C.110, OAR 137-248-0210. – Formal Selection Procedure.

2.04 DEFINITIONS

In addition to terms defined elsewhere in this RFP, the following definitions apply to this RFP.

Terminology specific to the OregonBuys system may be found at:

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

For purposes of this RFP:

“Agency” refers to Oregon Department of Fish and Wildlife, or ODFW.

“Amendment” as used in OregonBuys means “Addendum or “Addenda”, as defined in OAR 137-246-0110(1);

“Business Days” means 8:00 a.m. to 5:00 p.m., Pacific Time, Monday through Friday, excluding State of Oregon holidays;

“Proposal Opening Date” means “closing” as defined in OAR 137-246-0110(26). Proposal “Opening” as defined in OAR 137-246-0110(99) will immediately follow;

Contracting%20Agency%20will%20conduct%20a%20pre-Proposal%20conference%20for%20this%20RFP.%20ODFW%20has%20scheduled%20a%20pre%20Proposal%20conference%20on%20_______,%2020_,%20at%20__:__am/pm,%20to%20be%20held%20via%20virtual%20meeting%20%5binclude%20virtual%20meeting%20link%20or%20teleconference%20number.

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

“Calendar Days” means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State of Oregon 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 Department of Fish and Wildlife Services ;

“Days” means calendar days, unless Business Days is specified;

“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”;

“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 defines 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.

Note: Though not defined, the terms “subconsultant” and “subcontractor” are used interchangeably in this document.

2.05 Proposer Certification

By participating in the procurement process and submitting a Proposal for Services, Proposer must abide by all requirements and provide all certifications listed herein and in the Proposer Information and Certifications Form (Attachment B). Any Proposal that is received conditioned on Contracting Agency’s acceptance of any other terms and conditions or rights to negotiate will be rejected.

3.00 PROJECT INFORMATION AND SERVICES SOUGHT

3.01 GENERAL BACKGROUND AND PROJECT DESCRIPTION

ODFW operates 33 hatcheries with the purpose of sustaining opportunities for sport, commercial, and tribal fishing, while also contributing toward the sustainability of naturally produced native fish populations through the responsible use of hatcheries and hatchery-produced fish to assist in maintaining native fish populations spawned or reared in captivity.

Over the past several years, ODFW, US Fish and Wildlife Service (“USFWS”), and stakeholders have been engaged in a process to evaluate operational and engineering opportunities in addressing wild fish access above the Klaskanine Hatchery dams. In 2021, ODFW worked with a consultant to complete the survey, hydrology, hydraulic analysis, and basis of design report for the North Fork Klaskanine Intake 1 water diversion dam. ODFW will provide the survey in computer-aided design (CAD) files and provide the basis of design report to the selected Consultant. The NF Klaskanine Intake 1 fish passage engineering design project will complete the design phase of the project. The Scope of Work for this project will include:

1) Complete 100% engineering design drawings and technical specifications;

2) Provide cost estimate of the project with a budget narrative; and

3) Provide permit ready details for fill and removal, US Army Corps of Engineers (“USACE”) and other prudent environmental quantities.

Objective 1: Objective 1: Complete the 100% design drawings and technical specifications

TASK 1.1

ODFW will provide survey data and design drawings in a CAD file to the consultant. Consultant will use this data to prepare stamped engineering design plans with written technical specifications that will summarize the existing conditions of the intake to support ODFW’s future bidding process. Specifications will follow the standard format for specifications used by ODFW Engineering Section. This report will summarize all elements of technical specifications needed for the bidding process. This report will also document the design process for the project. Drawings will include the following:

• Title sheet and location Map(s);

• Existing site conditions;

• Temporary water management plan and structure details;

• Ordinary High Water (OHW) and relevant hydraulic elevations;

• Complete construction plan sheets in profile, cross-sectional, and plan view for all design elements outlined in Attachment G, Alternative 4;

• Pertinent details outlining construction of all elements of the project;

• Site access and staging plan;

• Erosion Control, bank stabilization, and Construction Best Management Practice

• (“BMP”) details including revegetation plan; and

• Water Intake Screening design plans.

Products: Final stamped construction-ready design drawings and technical specifications document.

Schedule: June 6, 2025, to January 1, 2026

Objective 2: Provide cost estimates of the project.

TASK 2.1

Complete line-item cost estimates for all elements of the design. Provide a detailed budget narrative explaining and justifying the costs by object class category.

Rationale: Cost estimates are needed to secure funding and plan for implementation of the project.

Products: Complete pricing submittal form for all bid items listed in the Technical Specifications document.

Schedule: January 1, 2026, to February 3, 2026

ODFW will provide to the Consultant information previously collected from onsite survey data, flow data, basis of design, and hatchery operational and structural information. ODFW will provide consultant with information necessary to deliver the required tasks including access to ODFW staff for interviews and information gathering. As required by procurement law for the State of Oregon, ODFW will post this project for formal bidding through the state procurement system, OregonBuys. ODFW has worked with the Department of Justice to develop standard formatting, terminology, and presentation of contract and technical information. The design team will be provided a copy of the ODFW’s standard technical specifications for use in the project. Any new technical specifications needed will follow the established terminology and formatting. Additionally, the design team will provide to ODFW electronic copies of all electronic drawings in a .dwg format to be compatible with the latest version of AutoCAD. The electronic drawings will reflect the final information that is reflected in the stamped plan sets. Any information not pertinent to the final design in the .dwg file shall be removed from model space and paper space. The design team will also provide an electronic copy and paper copy of all stamped plans in a 22 inch x 34 inch format. The Consultant will also provide electronic copies of all specifications in a .docx format to be compatible with the latest version of Microsoft Word.

Objective 3: Construction consultant.

Consultant will advise ODFW during the construction phase providing;

• Design and Construction Compliance

• Assist in Project Oversight and Site Inspections

• Problem Solving and Issue Resolution

• Change Order Review

SERVICES SOUGHT

ODFW is seeking proposers able to design intake screens, diversion dams, and fishways. A Consultant with proficient knowledge to complete this project will also possess knowledge related to land surveying and geotechnical engineering.

ODFW desires the completion date of this design project to be February 28th, 2026.

The Services and associated deliverables for the prospective Contract are further described in Exhibit A, Statement of Work of the Sample Contract (RFP Attachment A).

3.02 CONTRACT PHASES

ODFW anticipates the contracted Services will be performed in the following phases in support of the Project:

• Phase I – Survey and Design Phase: Consultant will conduct assessment of existing intake screen, fishway, and diversion dam:

− Report assessment findings to ODFW

− Design replacement plans for Intake Screen, Fishway and Diversion Dam

− Design to include all topographic survey information for the project and a geotechnical investigation of the project area

− Assist with permitting, and complying with all applicable laws and regulations

• Phase II – Construction consultant

− Assist ODFW with bidding process for construction by attending pre-bid meetings and answering questions during bidding process

− Assist ODFW with construction oversight, including regular conducting site visits, answering requests for information (RFIs), reviewing submittals, and determining solutions for construction issues that may arise

− Assist with plans and drawings, to include any amendments or changes during construction

The resulting contract is anticipated to include Phase I and II. The ODFW may, at its discretion:

• Amend the Contract to add additional phases (or various elements), or

• Elect to complete subsequent phase tasks with in-house staff, or

• Assign subsequent phase tasks to another consulting firm.

Added phases will require an amendment to add to the Contract.

3.03 PERFORMANCE SCHEDULE (All dates are anticipated, and will change)

Design Kick-Off Meeting: April 8, 2025

Schematic Design: May 1, 2025

Design Development: May 30, 2025

Construction Documents: June 15, 2025

Bidding Assistance: August 1, 2025

Construction Administration: May 20, 2026, through October 31, 2026

3.04 CONTRACT DURATION

The Contract is anticipated to be effective by April 3, 2025, and is expected to last until approximately October 31, 2026.

Contingent upon Contracting Agency’s need and Consultant’s performance, ODFW may elect to amend the Contract for additional time as necessary. The successful Consultant shall perform its obligations through final completion of all Services required under the Contract, and through completion of all warranty work for the public improvement or public works Project, if applicable, unless the Contract is terminated or suspended.

3.05 FUNDING SOURCE

This project is funded by a grant from the Resources Legacy Fund under the Open Rivers Fund, Grant Award Number: 20135.

3.06 PROJECT REQUIREMENTS/DESIGN REQUIREMENTS

3.06.1 Use of Recycled Products

Successful Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services, pursuant to OAR 137-246- 0321.

3.06.2 State Energy Efficiency Design (SEED) Program

It is the policy of the State that facilities to be constructed by authorized state agencies be designed, constructed, renovated and operated so as to minimize the use of energy resources and to serve as models of energy efficiency. Successful proposer shall be responsible for providing a design consistent with the requirements of the SEED Program, reducing building energy use 20% or more than the state energy code pursuant to ORS 276.900 and OAR Chapter 330, Division 130.

3.06.3 Green Energy Technology

Successful Proposer shall be responsible for providing a design that includes green energy technology, based on an amount equal to at least 1.5% of the total contract price for the Project, and all necessary documentation, consistent with the Green Energy Technology requirements provided under ORS 279C.527 and ORS 279C.528.

3.06.4 Build America/Buy America

For federally assisted infrastructure projects, the Build America, Buy America Act requires that all iron, steel, manufactured products, and construction materials used for the project be produced in the United States. Successful Proposer shall be responsible for providing a design that conforms to these requirements.

3.07 SILENCE OF SPECIFICATION

The apparent silence of this scope of work, any specifications and any supplemental specifications as to any detail, or the apparent omission from one of these areas of a detailed description concerning any point, shall be regarded as meaning that only the best commercial and industrial practice is to prevail and that only materials and workmanship of first quality are to be used. Services not specifically mentioned in the RFP, but which are necessary to provide the functional capabilities described by the Proposer, must be itemized in the Proposal.

4.00 PROCUREMENT PROCEDURES AND REQUIREMENTS

4.01 REQUESTS FOR CLARIFICATION; SOLICITATION PROTESTS/ REQUESTS FOR

CHANGE

A. Requests for Clarification. Any Proposer may make a request for clarification of RFP terms or requirements or information. Requests for clarification must be submitted in writing (via e-mail) to the SPC no later than the deadline for RFP protests set forth in RFP section 1.05, Solicitation Schedule. Clarifications, whether verbal, in Writing, or included in an Amendment as a “clarification,” will be issued at the discretion of the SPC and do not change contractual terms, or procurement requirements. If a request for clarification raises an issue that ODFW determines should be handled by formally amending the RFP, ODFW will do so only by announcing such a change in an Amendment posted on OregonBuys, not through information identified as “clarification.”

B. Solicitation Protests/Requests for Change. Prospective Proposers may submit a written protest of anything contained in this RFP and may request a change to any provision, specification or Contract term contained in this RFP. Protests and requests for change of any provision, specification or Contract term must be submitted in writing (via e-mail) to the SPC no later than the deadline for RFP protests set forth in RFP section 1.05, Solicitation Schedule. ODFW will not consider any protest to this RFP or request for change of any provision, specification or Contract term submitted after this deadline. Each protest and request for change must include the reasons for the protest or request (supported by factual documentation) and any proposed changes to this RFP provisions, specifications, or Contract terms.

ODFW will resolve all timely protests submitted in accordance with OAR 137-248-0240.

ODFW will address all timely submitted requests for change within a reasonable time following Contracting Agency’s receipt of the request and once addressed, will promptly issue a written decision on the request via OregonBuys.

The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of an amendment to this RFP, unless the amendment specifies a different deadline.

4.02 DISPUTES

In case of any doubt or differences of opinion as to the items or Service to be furnished hereunder, or the interpretation of the provisions of the RFP, the RFP on file with ODFW shall govern and the decision of the State of Oregon shall be final and binding upon all parties.

4.03 COST OF PREPARATION OF PROPOSAL

Proposer is responsible for all costs incurred in Proposal preparation and participation in the Proposal evaluation, Award and Contract negotiation processes.

4.04 OREGON PUBLIC RECORDS LAW; CONFIDENTIAL OR PROPRIETARY

INFORMATION

This RFP, and one copy of every Proposal received in response to it, together with copies of all documents pertaining to the award of the Contract(s), shall be kept by ODFW and made a part of Contracting Agency’s records. Proposals shall be open to public inspection in accordance with ORS 279C.107.

If a Proposer believes that any portion of a Proposal contains any information that may be considered exempt from disclosure as a trade secret under ORS Chapter 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate the portions of its Proposal that Proposer believes are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal, in whole, as a trade secret, confidential or otherwise exempt from disclosure is not acceptable. Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under Oregon Public Records Law. If Proposal fails to identify the portions of the Proposal that Proposer believes are exempt from disclosure, Proposer is deemed to have waived any later claim of an exemption or request for non-disclosure of that information.

Application of the Oregon Public Records Law shall determine whether any information is actually exempt from disclosure. Proposer is advised to consult with legal counsel regarding disclosure issues.

The State and ODFW will not be liable for any disclosure or release of information that Proposer considers to be exempt from disclosure if required by applicable law or court order.

The State and ODFW shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

4.05 FIRM OFFER

Submission of a Proposal constitutes Proposer’s affirmation that all terms and conditions of the Proposal constitute a binding offer that shall remain firm for a period of no less than ninety (90) days from the Proposal Due Date and Time specified on the cover page of this

RFP.

4.06 PROPOSAL FORMAT AND CONTENTS

All Proposal documents requiring Signature must be signed by an authorized representative of the Proposer. The Proposal documents received by ODFW may contain “Electronic Signatures”. ODFW reserves the right at any time to require the submission of the hard copy originals of any documents included in the Proposal.

Proposals must be submitted through the OregonBuys system as described in more detail in section 1.02 of this RFP. No oral, telephone, e-mail or facsimile Proposals will be accepted.

Proposals must not exceed twenty (20) pages. Any proposals exceeding the maximum number of pages shall not be evaluated. If there is any question as to format requirements contact the SPC for clarification.

Proposer shall provide required information on the forms specified in this RFP. Any information Proposer submits that is not required to be included on forms prescribed by this RFP must be formatted in the manner called for in this RFP and submitted on Proposer’s letterhead.

Proposals must be prepared providing a concise description of the Proposers’ ability to meet the requirements of this RFP. Emphasis should be placed on completeness, clarity and organization.

Proposals must be arranged and organized in separate sections according to the Proposal evaluation criteria requirements listed below in Section 5.04, Point and Score Calculations.

4.07 MODIFICATION OR WITHDRAWAL OF PROPOSAL

If a Proposer wishes to withdraw or make modifications to a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button prior to the Proposal Due Date and Time stated on the Cover Page for this RFP.

4.08 PUBLIC OPENING RESERVED

5.00 EVALUATION AND SELECTION

ODFW will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 137-248-0210/ OAR 137-248-0130(2) and this RFP.

Responsive Proposals (see Section 5.01) will be forwarded to an evaluation committee that will independently review, score and rank Proposals according to the Evaluation Criteria set forth in Section 5.04. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in this RFP with the responsiveness and the relevance of experience/qualifications presented in the Proposal.

The outcome of the evaluation process may, in Contracting Agency’s sole discretion, result in:(a) notice to Proposer(s) of selection for Contract negotiation and possible award; or (b) cancellation of this RFP and either re-issuance of this RFP in the same or revised form or no further action by ODFW with respect to this RFP. Alternatively, ODFW may determine it will take further steps to gather additional information for evaluation (e.g. notice of interviews, requesting clarification).

ODFW may reject any or all Proposals and may cancel this RFP at any time if doing either would be in the public interest as determined by Contracting Agency. ODFW is not liable for any costs a Proposer incurs while preparing or presenting the Proposal or during further evaluation stages. All unreturned Proposals submitted in response to this RFP will become property of ODFW and part of the public file.

5.01 RESPONSIVENESS REVIEW

Proposals must be considered responsive for further evaluation. A Proposal received prior to the Proposal Opening Date will be reviewed by the SPC to determine if it responsive to the requirements set forth in this RFP. If the Proposal is unclear, the SPC may request clarification from Proposer (See Section 5.02, Clarification of Responses). If the SPC finds the Proposal non-responsive, the Proposal may be rejected; however, ODFW may waive minor informalities (see Section 5.03, Minor Informalities).

5.02 CLARIFICATION OF RESPONSES

ODFW reserves the right to request clarification of any item in a Proposal to properly evaluate the Proposal. All requests for clarification and responses shall be in writing. 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. Clarifications cannot be used to supplement or rehabilitate a non-responsive Proposal. Except for requests and responses related to a clarification necessary to evaluate whether a Proposal has met minimum requirements, all requests for clarification and responses will be provided to each selection committee member.

5.03 MINOR INFORMALITIES

Contracting Agency, in its sole discretion, may waive minor informalities or allow a Proposer to correct them. Minor informalities are: (1) matters of form rather than substance when evident in the Proposal, or (2) insignificant mistakes that can be waived or corrected without prejudice to other Proposers.

Examples of minor informalities include Proposer’s failure to:

• Submit the required number of originals or copies, or both, of Proposals

• Sign the Proposal in the designated block provided an authorized signature appears elsewhere in the Proposal evidencing an intent to be bound.

5.04 POINT AND SCORE CALCULATIONS

Each responsive proposal will be evaluated and scored by an evaluation committee as set forth in this Section. Available points are shown in the evaluation criteria section below.

Evaluation Committee members may change and ODFW may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below up to the maximum points available. The SPC will then average all the evaluator scores for each evaluation criterion.

Evaluation Criteria

5.04.1 Cover Letter Available Points: 5

The Cover letter should address the Proposer’s willingness and commitment, if selected to provide the services offered and a brief description of why the Proposer believes it should be selected. The letter should include the name of the firm and the name, title, telephone number, and email address of the individual(s) authorized to represent the Proposer with respect to the RFP, Proposal, and any resulting contract negotiations. The letter must be signed by the Proposer, if an individual, or a legal representative of the Proposer’s entity authorized to bind the entity in contractual matters. The letter must include a statement that Proposer agrees to accept the terms and conditions of the contract provisions.

5.04.2 Proposer Experience, Key Personnel, and Qualifications

Available Points: 30

Proposer should provide an overview of Proposer’s experience and qualifications with respect to the delivery of the Services described in this RFP. Proposer should list individual team members and subconsultant team members the Proposer proposes to assign to or utilize for the Services. Proposer should provide relevant information for each of the proposed team members, including names of staff and position, professional qualifications, and relevant experience. Provide any applicable experience and certifications and include a current resume/Bio for each person that would be involved with the project (not to exceed two (2) pages per resume/Bio). (Note – Resumes/Bios are not included in the Proposal page count).

Proposer should also provide a list and description of similar projects that it has completed within the last five (5) years.

Proposer should provide a portfolio of three (3) previous projects that best highlight the concepts and design goals as outlined in the Scope of Work. The portfolio should consist of photographs and verbal descriptions of the projects explaining design concept and the approach to the design.

Proposer should send the Reference Questionnaire (Attachment F) to three references from prior projects that Proposer provided services for that were similar in nature and complexity to the Services sought in this RFP. A separate form must be completed by each reference, returned to the Proposer and submitted with the Proposal.

Note - Reference Questionnaire forms are not included in the Proposal page count.

5.04.3 Understanding of Requested Services, Approach and Implementation

Available Points: 25

Proposer should describe its understanding of the intent and the requirements of the Services being requested in this RFP, the scope of the Services, and its overall plan to complete the Services in support of the Project. Proposer should prepare an example design concept for evaluation. The Proposer should prepare a conceptual implementation of the design of a mock intake dam, screen, and fishway that utilizes the concepts outlined in this

RFP.

Proposer should describe the firm’s management and organizational structure, and how that structure aids the delivery of the Services sought, including the firm’s chain of command.

Proposer should describe its methods of coordinating and expediting all elements to meet delivery schedules without sacrificing quality. Proposer should describe its approach to adjusting schedules when needed or adjusting its level of effort in order to meet a schedule while staying within a stated budget. Proposer will provide their proposed project schedule for completion of the work in the form of a Gannt chart or something similar.

Proposer should describe how subconsultants will be selected, utilized, and managed to complete the projects. Include a list or organization chart showing all subconsultants and their proposed roles/disciplines.

5.04.4 Statement of Work Available Points: 35

Utilizing the baseline document found in Exhibit A, Statement of Work of the Sample Contract (RFP Attachment A), Proposer should develop its proposed Statement of Work by adding sufficient detail to included items and eliminating those not needed. The Statement of Work should include and describe in sufficient detail all work and services required by this RFP, including Section 3.02 (Services Sought), and should address all design considerations and requirements described therein.

5.04.5 DEI Values and Practices Available Points: 5

Pursuant to Executive Order 22-15, ODFW is considering Proposer’s DEI values and practices as part of this evaluation. Please describe Proposer’s DEI values and practices.

Note: please do not include any information contained within the Certified Disadvantaged Business Form and Outreach Plan addressed in Section 7.0 and Attachment D to this RFP, as this evaluation criterion is separate and apart from that requirement. The Certified Disadvantaged Business Outreach Plan will not count towards the available points for this evaluation criterion.

5.05 Required Forms: Available Points: Pass/Fail

a. Proposer Information and Certifications Form (Attachment B to this RFP)

b. Certified Disadvantage Business Form (“COBID”) and Outreach Plan (Attachment D to this RFP)

c. Responsibility Inquiry Form (Attachment E to this RFP)

d. Reference Questionnaire (Attachment F to this RFP)

Note - Required forms are not included in the Proposal page count.

5.06 RESERVED

5.07 INTERVIEWS and PRESENTATIONS

Contracting Agency, at its sole discretion, may arrange Proposer interviews. Proposers should be prepared to provide a brief presentation of their Proposal, lasting no more than 10 minutes. Proposers should also be prepared to respond to questions related specifically to their Proposals and other pertinent matters regarding the RFP.

Questions may be directed to the Proposer’s key Project staff regarding qualifications, experience and the firm’s overall approach. At a minimum, the project manager and the key individuals responsible for delivering the Services should be in attendance.

Contracting Agency, in its sole discretion, may elect to conduct interviews via teleconference, video conference, or in-person. ODFW will provide information regarding location, time, and format for the interview to Proposers at least seven (7) Days prior to interview.

The total maximum available interview points are 50 points.

5.08 SCORING AND RANKING OF PROPOSERS; DETERMINATION OF APPARENT

SUCCESSFUL PROPOSER

ODFW will notify all Proposers, through OregonBuys, of its selection status.

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. The scores for

Proposer ranking and tentative award will be determined as follows:

• Total Evaluation Criteria Score = Total of all evaluator scores for a given Proposal, divided by the number of evaluators,

• Total Interview or Presentation Questions Score (if conducted) = Total of all evaluator scores for a given Proposer, divided by the number of evaluators.

• Final Score = Total Proposal Score plus Total Interview (if conducted).

5.09 SELECTION NOTICE and PROTEST OF PROPOSER SELECTION

ODFW will notify all Proposers, through OregonBuys, of its selection status.

A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the ODFW no later than the date set forth in RFP Section 1.05. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services described in the RFP.

Protests based on terms or requirements contained in this RFP are solicitation protests (Section 4.01.B) that must be submitted during the solicitation protest period described in Section 1.05 and will not be considered in Selection Protests.

ODFW will resolve all timely submitted protests in accordance with OAR 137-248-0240.

All costs of a protest shall be the responsibility of the protesting Proposer and undertaken at its expense. The State and ODFW shall not be liable for any of the Proposer's costs or expenses incurred or related to filing the protest, on any basis, express or implied.

6.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

6.01 RESPONSIBILITY DETERMINATION

Prior to award, ODFW will determine if an apparent successful Proposer is responsible, which may include investigation of references. ODFW reserves the right to investigate references including others than those provided in the Responsibility Inquiry Form (Attachment E) and the Proposal Reference Questionnaire (Attachment F) Investigation may include past performance of any Proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers. At any time prior to award, ODFW may reject a Proposer found to be not responsible.

6.02 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

The highest-ranked Proposer who is found to be responsible and selected for a Contract award under this RFP will be required to submit, in addition to any information or certifications required pursuant to the Proposer Information and Certification Sheet (Attachment B), the following information to ODFW within ten (10) calendar days of Selection Notice. ODFW will, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if Proposer is unable to provide this information within this timeframe or as otherwise deemed reasonable by the Contracting Agency.

6.02.1 Certificates of Insurance.

The apparent successful Proposer shall provide via email Certificates of Insurance to ODFW for levels of Insurance coverage shown in Exhibit C of the Sample Contract (Attachment A). Apparent successful Proposers that have current Certificates of Insurance (with all required coverages and not specific to a particular project) on file with ODFW will not be required to resubmit these.

6.02.2 Business Registry Number/Registered Agent

If selected for Contract award, Proposer must be duly authorized by the State to transact business in the State before executing the Contract. Firms that contract with ODFW are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration. The apparent successful Proposer(s) (unless you are an individual operating as your real and true name or otherwise exempt under applicable laws) shall submit a current Oregon Secretary of State Business Registry number. See process for obtaining a Business Registry number:

https://sos.oregon.gov/business/Pages/register.aspx.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents:

https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx.

For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules (https://sos.oregon.gov/business/pages/laws-rules.aspx). The titles in this subsection are available on the Secretary of State’s Business site:

https://sos.oregon.gov/business/Pages/default.aspx.

6.02.3 W-9 Form

The apparent successful Proposer(s) shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form if either of the following apply:

• When requested by ODFW (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any

• No payment can be made until a properly completed W-9 is on file with Contracting Agency.

6.02.4 Joint Venture/Partnership Information

An apparent successful Proposer, if a Joint Venture/Partnership, shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to propose and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract.