070-25 RFP Engineering Services for Fish Passage Alternatives at Keno Dam with Attach.pdf

Request for Proposals of

Engineering and Related Services for the Fish Passage Alternatives at Keno Dam

By the STATE OF OREGON acting by and through its

DEPARTMENT OF FISH AND WILDLIFE

OREGONBUYS RFP#: S-63500- 00014352

Issuance Date: July 15, 2025

PROPOSALS DUE: AUGUST 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

RFP Issue Date: See “Available Date” for this RFP in OregonBuys

Proposal/Quote Due Date: See “Bid Opening Date” and time for this RFP in OregonBuys.

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

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

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25 OregonBuys #: 00014352

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

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

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

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)

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B PROPOSER INFORMATION AND CERTIFICATION FORM

ATTACHMENT C [RESERVED]

1 ATTACHMENT D CERTIFIED DISADVANTAGED BUSINESS FORM AND OUTREACH

PLAN ATTACHMENT E RESPONSIBILITY INQUIRY FORM

ATTACHMENT F [RESERVED]

1.00 GENERAL INFORMATION

1.01 INTRODUCTION AND PUBLIC NOTICE

The Department of Fish and Wildlife (“Agency” or “ODFW”) is seeking Proposals from Professional Services Consultants to provide Engineering services in support of Fish Passage Alternatives at Keno Dam (“Project”).

Additional details of the Scope of the Services and milestones 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.

1.02 OREGONBUYS

1.02.1 Electronic Procurement System

This solicitation is being conducted through OregonBuys; an electronic procurement as authorized by OAR 137-047-0330 (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 (https://oregonbuys.gov/bso).

For registration assistance see vendor registration guidance https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf

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.

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

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

1.02.3 User Guides

See https://www.oregon.gov/Agency/Business/Procurement/Pages/HowTo.aspx 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 Contracting Agency 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 137-047-0330(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, ODFW may 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 Bid Opening Date.

If technical difficulties occur that are of no fault of the Proposer, preventing submission of a Proposal via OregonBuys, the SPC may, at its discretion, allow for an alternative Proposal submission method. However, the alternative submission method must be first approved by the SPC. The Proposer shall notify the SPC in writing, via email, immediately 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 Bid Opening Date is considered late and late submissions due to any reason will not be accepted.

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.

https://www.oregon.gov/Agency/Business/Procurement/Pages/HowTo.aspx https://oregonbuys.gov/bso/

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

1.04 RFP CONTENTS

ATTACHMENT G --

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

Pre-Proposal Conference July 23, 2025, at 9:00 AM PST

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

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

RFP

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

Completion of Proposal evaluations Estimated 14 calendar days after Bid Opening

Completion of interviews (if conducted) Estimated 20 calendar days after Bid 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.

1.06 PREPROPOSAL CONFERENCE

ODFW will conduct a pre-Proposal conference for this RFP. ODFW has scheduled a pre-Proposal conference for Thursday July 23, 2025, at 9:00am, to be held via virtual meeting. Attendance is mandatory.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTY4OTMyZGYtNjJmZS00ODNiLWIyODEtZTc5NTI5MjcyNzQ2%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22d22c3705-be62-4245-857c-1bfc38f3453c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTY4OTMyZGYtNjJmZS00ODNiLWIyODEtZTc5NTI5MjcyNzQ2%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22d22c3705-be62-4245-857c-1bfc38f3453c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTY4OTMyZGYtNjJmZS00ODNiLWIyODEtZTc5NTI5MjcyNzQ2%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22d22c3705-be62-4245-857c-1bfc38f3453c%22%7d

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

PROPOSERS ARE REQUIRED TO ATTEND THIS MANDATORY PREPROPOSAL

CONFERENCE, DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. PROPOSALS

WILL ONLY BE EVALUATED FROM PROPOSERS WHO ATTENDED THE MANDATORY

PREPROPOSAL CONFERENCE, AND ALL OTHER PROPOSALS WILL BE CONSIDERED

NONRESPONSIVE.

The purpose of the conference is to provide additional information regarding this solicitation and to answer any questions Proposers may have. Proposers are cautioned that the official RFP requirements will change only by written amendment issued by Contracting Agency.

1.07 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.

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

ORS 496.146(11).

2.02 APPLICABLE LAW

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

Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and the Model Rules of the Oregon Department of Justice (OAR Chapter 137 Division 46 and OAR Chapter 137 Division 48). 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 accordance with ORS 279C.110, OAR 137-48-0220. – 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 https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

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 137-46-0110(1);

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

“Bid Opening Date” means “closing” as defined in OAR 137-46-0110(26). Proposal “Opening” as defined in OAR 137-46-0110(99) will immediately follow;

“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 ;

“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;

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

“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

Oregon Department of Fish and Wildlife (ODFW) has received a grant from the National Oceanic and Atmospheric Administration (NOAA) through their “Restoring Fish Passage through Barrier Removal” program. Part of this grant is being used to conduct a preliminary feasibility study of Keno Dam that will evaluate alternatives for fish passage while retaining the other services provided by Keno Dam. ODFW is looking to contract engineering services to evaluate fish passage alternatives for feasibility and maintenance of key services provided by the dam.

Keno Dam is located on the Klamath River at river mile 236 (42.1347, -121.9484), Services provided by the dam extend upstream to Link River Dam and include flood control; assuring health and human safety; maintaining appropriate water surface elevation in Lake Ewauna for both private and Reclamation operated irrigation diversions and the waterfront for the City of Klamath Falls.

The fish passage ladder at Keno Dam does not meet current State of Oregon regulation ((OAR 635-412-0035 (2)) or Federal passage criteria for native migratory fish. Some modifications to the existing structure could improve the passage efficiency and this project would examine those modifications, as well as alternatives involving a new structure or facility through a collaborative, multi-party process.

Alternatives to be evaluated could range from retaining the existing dam structure with improvements to provide a new fish passage facility, to removal of Keno Dam with construction of a new roughened channel style structure that provides open fish passage as well as the irrigation and flood control requirements of the community. Improved passage will contribute to the recovery and reintroduction of native migratory fish species, including steelhead, lamprey, Chinook salmon, Redband trout and native suckers. This project will benefit long term conservation and recovery of native fish, which in turn will provide cultural, ecological, recreational, and economic benefits to many communities including basin tribes, irrigation interests, fishing interests and others.

https://oregon.public.law/rules/oar_635-412-0020 https://oregon.public.law/rules/oar_635-412-0020

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

3.02 SERVICES SOUGHT

ODFW is seeking the following services:

1. Develop a hydraulic model and flood risk assessment for the Klamath River at Keno Dam and include any potentially impacted river sections both up and downstream.

2. Develop design alternatives for fish passage at Keno Dam on the Klamath River following the United States Bureau of Reclamation (USBR) feasibility study process.

3. Develop planning level cost estimates for design alternatives for fish passage at Keno Dam that are deemed feasible. Presuming 3-4 alternatives will be evaluated.

4. Develop engineering designs at the 30% level for the final selected design alternative for fish passage at Keno Dam.

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

Milestones For Keno Dam Project

1. Beginning in the second quarter of 2025 and completed by the end of the third quarter of 2025, develop a hydraulic model and flood risk assessment for the Keno Impoundment at Keno Dam.

2. Beginning in the second quarter of 2025 through the final quarter of 2025, develop design alternatives feasibility analysis for fish passage at the Keno Dam on the Klamath River.

3. Beginning in the third quarter of 2025 through the final quarter of 2025, develop planning level cost estimates for design alternatives for fish passage at Keno Dam that are deemed feasible.

4. Beginning in the first quarter of 2026 through the second quarter of 2026, develop and complete engineering designs at the 30% level for the selected alternative for fish passage at Keno Dam.

3.04 CONTRACT DURATION

The Contract is anticipated to be effective by September 4, 2025, and is expected to last until approximately July 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 National Oceanic and Atmospheric Administration (NOAA) under the Restoring Fish Passage through Barrier Removal, Grant Award Number:

NA24NMFX463C0012-T1-01.

Special terms and conditions for working under this Federal Grant can be found in Attachment A “Sample Contract” EXHIBIT D.

3.06 PROJECT 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.

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

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

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25 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).

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

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 137-048-0210/ OAR 137-048-0130(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

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25 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 Bid 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.

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

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

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25 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 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.

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

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

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25 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 https://sos.oregon.gov/business/Pages/register.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/pages/laws-rules.aspx https://sos.oregon.gov/business/Pages/default.aspx https://www.irs.gov/pub/irs-pdf/fw9.pdf

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25 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. All partners and joint venturers will be required to sign the Contract awarded.

6.02.5 Certificate of Pay Equity Compliance

If selected Proposer employs 50 or more full time workers and the estimated contract price exceeds $500,000, Proposer shall supply the Certificate of Pay Equity Training issued by DAS (under ORS 279A.167) upon completion of the curriculum and assessment that the Proper understands the prohibitions set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payment. If selected Proposer does not employ 50 or more full time workers, Proposer must provide on company letterhead written certification that selected Firm does not employ 50 or more full-time workers.

6.03 CONTRACT

6.03.1 Form of Contract

The Successful Proposer will be required to execute of an agreement in the form of the Oregon Professional Services Contract, a sample of which is attached to this RFP as Attachment A.

If Proposer takes exception to any portion of the Contract, Proposer must have successfully requested a change to the Contract term as described in Section 4.01 of this RFP. ODFW will not consider Contract exceptions stated in the Proposal. Unless an amendment has modified or reserved the right to negotiate any terms and conditions contained in the Contract or exhibits thereto, ODFW will not negotiate any term or condition after the solicitation protest deadline, except the Statement of Work and pricing with the apparent successful Proposer(s) per Section 6.03.2, Negotiations, below.

If any discrepancies, inconsistencies, or ambiguities exist between the Proposal and the RFP, the RFP takes precedence.

6.03.2 Negotiations

The ODFW will begin negotiating in the best interest of the State a Contract with the highest ranked Proposer and will direct Contract negotiations toward discussing, refining, and finalizing the following:

(A) The Statement of Work, including the specific scope of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services to be provided by the Consultant;

(B) The Consultant’s performance obligations and performance schedule; and

Keno Dam Fish Passage Alternatives Analysis, Feasibility Study, and initial Design ODFW Tracking #: 825-070-25

(C) Payment methodology, Consultant’s rates and number of hours, and a maximum amount payable to the Consultant for the Architectural,…