082-23 RFP for Clackamas Hatchery Siphon Analysis.pdf

ODFW Tracking #: 835-082-23 Clackamas Hatchery Siphon Analysis - Phase 2 OregonBuys #: S-63500-00006662

REQUEST FOR PROPOSALS

Professional Services and Related Services for the Clackamas Hatchery Siphon Analysis - Phase 2

STATE OF OREGON

STATE OF OREGON ACTING BY AND THROUGH ITS

DEPARTMENT OF FISH AND WILDLIFE

RFP No: S-63500- 00006662

Issuance Date: April 24, 2023

PROPOSALS DUE: May 10, 2023, Not Later Than 3:00 PM (PST)

LATE PROPOSALS WILL NOT BE ACCEPTED

Purchaser/Single Point of Contact: Jake Howard PCS III Address: 434 Fairview Industrial Drive SE City, State, Zip: Salem, OR 97302 Phone (voice): (503) 947-6130 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.

Purchaser/Single Point of Contact: See “Purchaser” and “Info Contact” for this RFP in OregonBuys.

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

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 CERTFICATION

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 SOLICITATION PROTESTS AND RQUESTS FOR CLARIFICATION OR 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 SUCESSFUL 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 CERTIFICATIONS FORM

ATTACHMENT C LOCATION MAP AND PRELIMINARY BUILDING LAYOUT

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 (“ODFW” or “Contracting Agency”) is seeking Proposals from Professional Services Consultants to provide Architectural and Engineering Services (“Services”) in support of the Clackamas Hatchery Siphon Pipeline Lowering Project (“Project”). ODFW is issuing this RFP under the authority of the Department of Administrative Services (DAS) delegation pursuant to OAR 125-246-0170(2)(d)(R) for architectural and engineering (A&E) services.

The selected Consultant will undertake the design for the Project to lower a portion of the existing 42” HDPE pipeline and the drafting of the associated construction documents. Additional details on the Scope of the Services are described in Section 3.02 (Services Sought) of this RFP and in the attached Exhibit A, the Sample Contract. The Project is described in more detail in Section 3.01 (General Background and Project Description) of this RFP.

ODFW anticipates the award of one (1) contract from this RFP.

See Sections 3.05 (Contract Duration) and 6.03 (Contract) for information about contract terms and duration.

1.02 OREGONBUYS

1.02.1 Electronic Procurement System. This solicitation is being conducted through OregonBuys, an electronic procurement as authorized by OAR 125-247-0330 (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 (https://oregonbuys.gov/bso). For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.p

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

1.02.3 User Guides.

See(https://www.oregon.gov/Agency/Business/Procurement/Pages/HowTo.aspx https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf https://www.oregon.gov/odot/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 125-247-0330(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, Contracting Agency 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.

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 at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys.

Prospective Proposer is solely responsible for regularly checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into this RFP by this reference.

1.04 RFP ATTACHMENTS

The following are attached to this RFP and incorporated herein by this reference:

ATTACHMENT A - SAMPLE CONTRACT

ATTACHMENT B - PROPOSER INFORMATION AND CERTIFICATIONS FORM

ATTACHMENT C - LOCATION MAP AND PRELIMINARY BUILDING LAYOUT

ATTACHMENT D - CERTIFIED DISADVANTAGED BUSINESS FORM AND OUTREACH PLAN

ATTACHMENT E - RESPONSIBILITY INQUIRY FORM

ATTACHMENT F - [RESERVED]

https://oregonbuys.gov/

In addition to the provisions set forth and linked within this 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 N/A

Deadline for Proposer questions May 3, 2023 @12:00pm PST

Deadline for RFP protests May 5, , 2023 @ 5:00pm PST

Proposal submittal deadline May 10, 2023 @ 3:00pm PST

Proposal Opening May 10, 2023 @ 3:30pm PST

Completion of Proposal evaluations Estimated 5 calendar days after Proposal Opening

Completion of interviews (if conducted) Estimated 5 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 (Contract).

1.06 PREPROPOSAL CONFERENCE

Contracting Agency WILL NOT conduct a pre-Proposal conference for this RFP.

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 this 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 DEI values in all procurement solicitations. See Executive Order No. 22-15 for additional information.

https://www.oregon.gov/gov/eo/eo_22-15.pdf https://www.oregon.gov/gov/eo/eo_22-15.pdf

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 PROCUREMENT AUTHORITY

Contracting Agency is conducting this RFP according to its authority under delegated authority pursuant to OAR 125-246-0170(2)(d)(R).

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).

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 125 Division 246 and OAR Chapter 125 Division 248). This RFP and resulting Contract may be subject to other laws and rules.

2.03 PROCUREMENT METHOD – PROFESSIONAL SERVICES

Contracting Agency is conducting this RFP in conformance with ORS 279C.110 and OAR 125-248- 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

For purposes of this RFP:

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

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

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

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

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

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

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

“days” means calendar days;

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

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

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

“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 Proposals (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 the State of Oregon;

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

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

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

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

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

This RFP includes two objectives: Develop design and construction documents to lower a portion of the existing 42” HDPE pipeline and provide oversight and direction for the Federal Energy Regulatory Commission (“FERC”) consultation process for FERC approval to lower the existing HDPE pipeline. The portion of the pipeline to be lowered is in the vicinity of the River Mill Dam flood control berm, which is owned by Portland General Electric (“PGE”). This lowering activity will require a large incision into the berm and foundation of the dam to achieve this realignment.

Given that the flood control berm is part of the River Mill Dam (FERC No. 2195) and falls under FERC jurisdiction, any work performed that impacts this flood control berm must be approved by FERC. Any consultation with FERC must be coordinated through PGE, as any documents requiring FERC approval have to be submitted by PGE.

3.02 SERVICES SOUGHT

I. Develop and draft all construction drawings and specifications needed for use in bidding per the Kleinschmidt Conceptual Level Design Drawings (Attachment C). The activities to be included in the construction drawings and specifications include the following:

− Locating all existing facilities. Pothole existing pipeline connection points to verify location and depth.

− Protect and Remove existing 42” HDPE pipeline. This portion of pipeline will be reused.

− Trench pipeline alignment to desired depth.

− Construct River Mill Dam flood control berm penetration per the Kleinschmidt Conceptual Level Design Drawings (Attachment C).

− Install previously removed 42” HDPE. The lowered section of 42” HDPE will be a single field fusion wielded section of pipe. All points of connection to existing 42” HDPE will be flanged. Reuse existing flange joints as needed. The current siphon pipe shall be lowered 9’-0” in vertical elevation from the current location. All plans, profiles, connection, and construction details shall be provided in the final design plan set.

− Relocate the existing siphon building. Either pour new concrete pad and move existing building or construct new building entirely. See the Kleinschmidt Conceptual Level Design Drawings (Attachment C).

− The contents of the existing siphon building shall be reused in the relocated siphon building. All existing conduit from the existing siphon building to existing intake screen will be extended to proposed siphon building location. The existing intake screen power will be extended to the proposed siphon building location. Conductor sizes may need to be changed due to increased length.

− Pipeline shall be vacuum tested for air leaks prior to covering connection points on pipeline.

Note: any ground disturbance at the site requires prior authorization from PGE and possibly the need for a site monitor for archaeological inspection. Hiring of the site monitor would be the responsibility of the consulting engineering firm performing the work on site.

II. Oversee the PGE/FERC consultation process for ODFW. This task includes:

− Providing finalized drawings for penetration of the flood control berm to PGE.

ODFW will submit the drawings and specifications to PGE and FERC for comment and review.

− Design the Potential Failure Mode Analysis (“PFMA”) to meet FERC requirements and for FERC approval. A facilitator that meets the FERC requirements will be required by the FERC review process. The facilitator will need to submit a record of experience for approval by FERC.

Develop a Quality Control Inspection Plan (“QCIP”) for the Project. The QCIP shall include the following parts:

− Description of the work and required inspections

− Temporary Emergency Action Plan (“EAP”)

− Sediment and Erosion Control Plan

− Organization Chart of site staff showing roles & responsibilities

− Resume of key personnel that will be present during construction

− Final Drawings and Specifications for the Project

− Example Report Cover Letters (Conformance and Non-Conformance)

Develop an excavation plan with contingency measures for excavating the dam embankment.

Include in the FERC submittal documents that Monthly Construction Reports will be submitted that meets the FERC guidelines. Also, that a Final Construction Report that meets FERC guidelines will be submitted as well.

Include 30%, 60% and 90% design review meetings with PGE and FERC. All feedback from FERC shall be incorporated into the design documents after each design review meeting. This review process is a FERC requirement for the Project.

Include 3 additional meetings with PGE and FERC for potential follow up questions during the final review process with FERC.

Consultant will be responsible for addressing all comments from either PGE and/or FERC and providing updated documents to PGE for resubmission. This process may require numerous rounds of review and revision of the Project documents.

3.03 CONTRACT PHASES [Reserved]

3.04 PERFORMANCE SCHEDULE

Below are the anticipated Milestone Dates for the Project:

Design Kick-Off Meeting: May 25, 2023

Schematic Design: June 15, 2023

Design Development: September 30, 2023

Construction Documents: November 30, 2023

Bidding Assistance: December 30, 2023

Construction Assistance: January 1, 2024, through April 1, 2025

3.05 CONTRACT DURATION

The resulting Contract is anticipated to be effective on May 20, 2023, and terminate on June 30, 2025.

Contingent upon Contracting Agency’s need and Consultant’s performance, Contracting Agency 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 resulting public improvement or public works project, if applicable, unless the Contract is terminated or suspended.

3.06 FUNDING SOURCE(S)

State funding will be used for this Project.

3.07 PROJECT REQUIREMENTS/DESIGN REQUIREMENTS

3.07.1 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 125- 246-0321.

3.07.2 Build America/Buy America [RESERVED]

3.08 SILENCE OF SPECIFICATION

The apparent silence of the scope of work, any specification, and any supplemental specification 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 this 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 SOLICITATION PROTESTS AND REQUESTS FOR CLARIFICATION OR 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. Contracting Agency 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.

Contracting Agency will resolve all timely protests submitted in accordance with OAR 125-248- 0240. Contracting Agency 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 to the Proposer who submitted the request. The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of addenda to this RFP, unless the addenda specify 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 Contracting Agency 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 Contracting Agency 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 Contracting Agency 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 Contracting Agency 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 Contracting Agency may contain “Electronic Signatures”. Contracting Agency 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 10 pages. Any pages exceeding the maximum number of pages shall not be evaluated. If there is any question as to format requirements contact SPC for clarification, prior to submittal of the Proposal.

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

A public Opening will be held on the date and time listed in the Solicitation Schedule set forth in Section 1.05. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time.

The public Opening will be held via virtual meeting and interested parties may attend the public Opening through the following link: TEAMS

5.00 EVALUATION AND SELECTION

Contracting Agency will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 125-248-0220 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 Contracting Agency with respect to this RFP. Alternatively, Contracting Agency may determine it will take further steps to gather additional information for evaluation, (e.g. notice of interviews, requesting clarification).

Contracting Agency 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. Contracting Agency 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 Contracting Agency 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 is Responsive to the RFP 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, Contracting Agency may waive minor informalities (see Section 5.03, Minor Informalities).

5.02 CLARIFICATION OF RESPONSES

Contracting Agency 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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzJmOGM1NDgtZTFiOC00ODhkLWIyZTUtM2NhMjgzNTE2Zjdj%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22bf053dd9-6b73-4ef7-a5b7-dcbc926fc86d%22%7d 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 Contracting Agency 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

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 should include a statement that Proposer agrees to accept the terms and conditions of the contract provisions.

2.) Proposer Experience, Key Personnel and Qualifications

Available Points: 30

Proposer shall provide an overview of Proposer’s experience and qualifications with respect to the delivery of the Services described in this RFP. Proposer shall list individual team members and subconsultant team members the Proposer proposes to assign to or utilize for the Services. Proposer shall 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 for each (not to exceed two (2) pages each).

(Note – Resumes are not included in the Proposal page count).

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

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

3.) Understanding of Requested Services, Approach and Implementation

Available Points: 25

Proposer shall 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 shall prepare an example design concept for evaluation. The Proposer shall prepare a conceptual implementation of an architectural aesthetic design of a mock office building that utilizes the concepts outlined in this RFP.

Proposer shall 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 shall describe its methods of coordinating and expediting all elements to meet delivery schedules without sacrificing quality. Proposer shall 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 shall describe how subcontractors will be selected, utilized and managed to complete the Project. Include a list or organization chart showing all subconsultants and their proposed roles/disciplines.

4.) Statement of Work

Available Points: 35

Using the baseline document found in Exhibit A, Statement of Work, of the Sample Contract (RFP Attachment A), Proposer shall provide a proposed Statement of Work.

The Statement of Work shall identify all work and services described in this RFP, including Section 3.02 (Services Sought) and shall address all design considerations and requirements described therein.

5.) DEI Values and Practices

Available Points: 5

Pursuant to Executive Order 22-15, Contracting Agency 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.

6.) Required Forms:

Available Points: Pass/Fail

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

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

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

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

5.05 PRICE PROPOSAL EVALUATION [RESERVED]

5.06 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 must also make a visual presentation of the firm’s overall approach to the Project. This presentation should highlight the firm’s design style and approach to aesthetics.

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 shall be in attendance.

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

The total maximum available interview points are 50 points.

5.07 SCORING AND RANKING OF PROPOSERS; DETERMINATION OF APPARENT SUCCESSFUL

PROPOSER

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 Evaluation Criteria Score plus Total Interview or Presentation Questions Score (if conducted).

5.08 SELECTION NOTICE and PROTEST OF PROPOSER SELECTION

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

Any Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked/higher ranked Proposer(s) must submit a written protest of the selection via email to the SPC for this RFP in OregonBuys no later than the deadline for selection protests as set forth in Section 1.05, Solicitation Schedule. Contracting Agency will not consider any protest submitted after this submittal deadline. Contracting Agency will not consider selection protests based on terms or requirements contained in this RFP – solicitation protests must be submitted during the solicitation protest period described in Section 1.05. The protesting Proposer must claim that protesting Proposer is the highest ranked Proposer or is within the class of higher ranked Proposers with whom Contracting Agency will negotiate Contracts because the Proposals of all higher ranked Proposers failed to meet the requirements of this RFP or because the higher ranked Proposers otherwise are not qualified to perform the Services.

Contracting Agency will resolve all timely submitted protests in accordance with OAR 125-248-0240.

Proposers may contact the SPC to request copies of the evaluation documentation.

All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's expense. The State and Contracting Agency shall not be liable for the Proposer's damages or costs for filing the protest or to any participant in the protest, on any basis, express or implied.

6.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

6.01 RESPONSIBILITY DETERMINATION

Prior to award, Contracting Agency will determine if an apparent successful Proposer is Responsible, which may include investigation of references. Contracting Agency reserves the right to investigate references including others than those provided in the Responsibility Inquiry Form (Attachment E).

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, Contracting Agency 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 by the Proposer Information and Certifications Form (Attachment B), the following information to Contracting Agency within ten (10) calendar days of the Notice of Intent to Award. Contracting Agency 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 (electronically via email) Certificates of Insurance to Contracting Agency for levels of Insurance coverage shown in Exhibit C of the Sample Contract (RFP 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 Contracting Agency will not be required to resubmit these. Contracting Agency may determine that project-specific insurance coverage is required on a case-by-case basis.

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 Contracting Agency 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.

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 its Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) if either of the following apply:

• When requested by Contracting Agency (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. 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 an assessment that the Proposer 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 Proposer 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 substantially the same form as the Oregon Professional Services and Related Service Agreement (“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.

Contracting Agency will not consider Contract exceptions stated in the Proposal. Unless an official addendum has modified or reserved the right to negotiate any terms and 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 conditions contained in the Contract or exhibits thereto, Contracting Agency will not negotiate any term or condition after the solicitation protest deadline, except the SOW and pricing with the apparent successful Proposer(s) per Subsection 6.03.2, Negotiations, below.

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

6.03.2 Negotiations

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

(A) 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

(C) Payment methodology, Consultant’s rates and number of hours, and a maximum amount payable to the Consultant for the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services required under the Contract that is fair and reasonable to the Contracting Agency as determined solely by the Contracting Agency, taking into account the value, scope, complexity and nature of the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services.

6.03.3 Funding Contingency

Proposers are advised that the award and potential dollar amount of the Contract, including as may be amended within the Scope of Work identified in this RFP, are contingent upon Contracting Agency receiving approval of funding for use under this RFP as determined by Contracting Agency in its sole discretion.

6.03.4 Amendment.

Contingent upon Contracting Agency’s need, Consultant’s performance, and the availability of approved funding, Contracting Agency may later amend the Contract for additional tasks, Contract phases and compensation as necessary to complete the Services needed for the Project, provided the amendments are within the Scope of Work described in this

RFP.

6.04 SUBSEQUENT NEGOTIATIONS

Contracting Agency will, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if Contracting Agency and Proposer are unable for any reason to reach agreement on a Contract within 14 days. Contracting Agency may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time (as determined in the sole discretion of Contracting Agency), Contracting Agency may end this solicitation. Contracting Agency, in its sole discretion, may proceed with a new solicitation for the same Services or consider any other options available under the applicable rules, laws, and policies.

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

ORS 279A.105): Participation by Disadvantaged Business Enterprises, Minority-Owned Businesses, Woman-Owned Businesses, Businesses Owned by Service-Disabled Veterans and Emerging Small Businesses.

Consultant must complete the Certified Disadvantaged Business Form and Outreach Plan, Attachment D. If there may be opportunities for subcontractors to work on the Project, Proposer must develop an outreach plan to describe its good faith efforts to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any contract resulting from this procurement or any subcontracts associated with Services to be performed under any contract resulting from this procurement.