2024 GNA Sun Pass Documentation and Analysis for NEPA Compliance_ITB_FINAL.pdf

S-62900-00009047- Sun Pass Documentation and Analysis ITB

OREGON

DEPARTMENT OF FORESTRY

Procurement Unit 2600 State Street, Building E

Salem, Oregon 97310

ISSUES THIS INVITATION TO BID (ITB)

FOR THE PURCHASE OF SERVICES

Oregon Department of Forestry Sun Pass GNA Analysis and Documentation for NEPA Compliance for the Sun Pass Timber Stand and Wildlife Habitat Improvement Project-

Fremont-Winema National Forest

OregonBuys Opportunity No. S-62900-00009047

TABLE OF CONTENTS

1. GENERAL INFORMATION

1.1 PURPOSE OF SOLICITATION AND SCOPE OF SERVICES

1.2 PROCUREMENT SCHEDULE

1.3 DEFINITIONS

1.4 SINGLE POINT OF CONTACT

1.5 OregonBuys

2. SOLICITATION PROCESS

2.1 QUESTIONS AND REQUESTS FOR CLARIFICATIONS

2.2 BID SUBMISSION

2.3 BID MODIFICATIONS OR WITHDRAWALS PRIOR TO CLOSING

2.4 BID OPENING

2.5 ACCEPTANCE OF BID

2.6 CANCELLATION OF SOLICITATION AND REJECTION OF BIDS; DELAY OR SUSPENSION OF

SOLICITATION

3. SPECIFICATIONS

4. BID PREPARATION

4.1 FORMAT AND CONTENT OF BID

4.2 BID REQUIREMENTS

5. EVALUATION OF BIDS

5.1 BID DETERMINATION

5.2 RESPONSIVENESS

5.3 PRICING

6. AWARD PROCESS

6.1 INTENT TO AWARD ANNOUNCEMENT

6.2 RESERVED

6.3 CONTRACT REQUIREMENTS

6.4 FINALIZATION OF AWARD AND COMMENCEMENT OF WORK

6.5 REVIEW OF AWARDED BID FILES

ATTACHMENTS:

ATTACHMENT 1 – SIGNATURE OF BIDDER’S AUTHORIZED REPRESENTATIVE FORM

ATTACHMENT 2 – PRICING SUBMITTAL FORM

ATTACHMENT 3 – SAMPLE CONTRACT FORM

EXHIBIT A – STATEMENT OF WORK (SERVICES)

EXHIBIT B – INSURANCE REQUIREMENTS

EXHIBIT C – INDEPENDENT CONTRACTOR CERTIFICATION

ATTACHMENT 4 – MAPS AND SAMPLE DOCUMENTS

1. GENERAL INFORMATION:

1.1 PURPOSE OF SOLICITATION AND SCOPE OF SERVICES:

Purpose of Solicitation: The purpose of this Invitation to Bid (ITB) is to establish a Contract to perform the required cultural and botanical survey, analysis, and documentation of the Sun Pass CE (Categorical Exclusion) on the Fremont-Winema National Forest (FWNF) to be performed by Contractor (the “project”).

The contract will be let and administered by the Oregon Department of Forestry (ODF) Federal Forest Restoration Coordinator or designated representative. Task specifications and project direction will be administered by the FWNF Project Manager (FWNF-PM).

All work must be completed on this project prior to May 31, 2024.

Background and Project Overview:

The Contractor will provide analysis and documentation assuring NEPA compliance for the Sun Pass Timber Stand and Wildlife Habitat Improvement Project that is anticipated to be “categorically excluded” from an EA or EIS but will require a Decision Memo (DM) and project file as described at 36 CFR 220.6(e). The DM will be completed by FWNF and is not considered a deliverable under the Contract resulting from this ITB. Analysis will provide documented support for the FS line officer to determine if extraordinary circumstances exist which would preclude use of a categorical exclusion. The resources that need to be analyzed for this are specified below. The Sun Pass Timber Stand and Wildlife Habitat Improvement Project must also comply with relevant environmental law and be consistent with the Fremont National Forest Land and Resource Management Plan as amended.

The Contractor will collect and analyze data necessary to inform those findings. Contract work will include contact with Oregon Department of Forestry (ODF) and FWNF personnel, assist with a public meeting and field trip, field survey and data collection, analysis of relevant environmental effects, report preparation. Fieldwork will be necessary to support the environmental analysis. The Forest will handle the NEPA process, prepare the Botany BE, and will manage the project record. ODF will prepare the Treatment Analysis and Description report.

For the project tasks listed below, the Contractor must provide all qualified personnel, transportation, labor, supervision, equipment, supplies, permits, licenses, and incidentals that are not provided as U.S.

Government Furnished Property, that are necessary to collect field data and complete the analysis documents. Key persons are identified below, and any changes must be made in accordance with Section 2.b of the Contract.

The project is in the Chemult Ranger District of the FWNF. The easiest access to sites is traveling from Klamath Falls on US-97 N for approximately 37 miles before turning left on NF-9740. NF-9740 will lead you to the location of the Sun Pass CE survey units and vicinity map. NF-9740 can be accessed from both US-97 N and US-97 S Milepost 236.

The Oregon Department of Forestry (“AGENCY”), is seeking contractors to review resource conditions in the project area, perform required resource analysis, and document that analysis in draft reports and project files for the Sun Pass GNA Projects. Work will include contact with Forest Service and AGENCY personnel, data collection, public involvement support, analysis of relevant environmental effects, maintenance of the project record, and preparation and submittal of a report to inform a Decision Memo. A variety of fieldwork will be necessary to support the environmental analysis. Contractor shall perform all services as described in Exhibit A of Attachment 3, Statement of Work for the Sun Pass GNA Projects.

The AGENCY will hold the contract and be responsible for payment, and USFS staff will act as AGENCY representatives, local contacts and contract field inspectors reporting to the AGENCY on contract implementation and accepting completed work. The Contractor will contact USFS staff for issues and questions regarding policy, analysis, format requirements or SOW tasks. The Contractor will contact the ODF Federal Forest Restoration Program Lead or designated representative for questions regarding contract specifications, contract-related issues, and contract payments.

As a result of this solicitation process, the Agency intends to award a single Contract for the Services described in this Solicitation Document. The form of the resulting Contract and applicable general provisions are included in Attachment 3 (Sample Contract Form). Additional consulting services may be added to or subtracted from the contract via amendment. The cost of those amendments will be determined using the rate per acre or hourly rate schedule entered by the successful Bidder in Attachment 2 (Pricing Submittal Form) to this ITB. The parties may need to modify selected terms, conditions, price(s) and types of work under circumstances related to the following illustrative, although not exhaustive, categories of amendments:

i. Amendments to extend the term of the Contract for additional periods;

ii. Amendments to increase or decrease the quantity of Work;

iii. Amendments to add new Work within the scope of the Solicitation, if any, at the prices specified within the Solicitation responses or at a discount to these prices, or if no Solicitation, within the scope of the Statement of Work;

iv. Amendments to increase the maximum, not-to-exceed compensation payable to Contractor to cover new Work or additional quantity of Work added to the Contract;

v. Amendments to delete Work;

vi. Amendments to decrease the maximum, not-to-exceed compensation payable to Contractor; and

vii. Amendments to change or add additional specifications

The term of the awarded Contract is intended to be in effect until May 31, 2024, but may be amended for additional time.

Unless otherwise specified, the selected Contractor shall be required to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate Services when performing under the Contract resulting from this Solicitation Document.

Procurement Authority and Method:

The Agency is conducting this bid pursuant to its authority under Good Neighbor Authority. The Agency is conducting this Procurement in accordance with OAR 125-247-0270, Intermediate Procurement.

1.2 PROCUREMENT SCHEDULE:

The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time. The Agency may modify the schedule at its sole discretion.

Solicitation Issued/Posted on OregonBuys: ......................................... January 2, 2024 Deadline for Inquiries (Requests for Clarification): ............................... January 5, 2024 Closing/Bids Due/Opening: ............................................................... January 10, 2024 2:00 PM PT

1.3 DEFINITIONS:

Capitalized terms in this Solicitation Document have the meaning set forth below, and if not defined below, the meaning set forth in the DAS Public Contracting Rules (OAR Chapter 125), and if not defined there, the meaning set forth in the Public Contracting Code (ORS Chapters 279A, 279B and 279C). Other capitalized terms may be defined in the section in which they appear.

"Addendum" or "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of this Solicitation Document.

“Agency" means the State agency subject to Department of Administrative Services (DAS) purchasing authority pursuant to ORS 279A.050 and ORS 279A.140. For purposes of this Solicitation Document the Agency is the Oregon Department of Forestry (ODF).

“Bid” or “Offer” means the Bidder's Written Offer submitted in response to this Invitation to Bid, including all necessary attachments.

“Bidder” or “Offeror” means a Person that submits a Bid in response to this Invitation to Bid.

“Closing” means the date and time specified in this Solicitation Document as the deadline for submitting Bids.

"Contract" means the entire agreement between the parties, including but not limited to these Standard Terms and Conditions, any Special Terms and Conditions and other provisions of this Solicitation Document, the Offer, any purchase order, work order, or price agreement document, and any terms and conditions contained in any exhibits, schedules and other attachments to and amendments and restatements of any of the above.

“Contractor” means the person or organization with whom the Agency enters into a Contract setting prices, terms, and conditions for the Services to be performed under the Contract.

“ITB” means this Invitation to Bid.

"ODF" means Oregon Department of Forestry.

“OregonBuys” means the Oregon Procurement Information Network, which is the State of Oregon’s automated procurement system. OregonBuys is the official publication forum for State procurement notices and advertisements by all agencies subject to DAS procurement authority.

“Person” means any of the following with legal capacity to enter into a contract: individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

“Responsible” means a Person who meets the standards of responsibility as described in ORS 279B.110.

“Responsive” means having the characteristic of substantial compliance in all material respects with applicable requirements of this Solicitation Document.

“Services” means all work required to be performed under the Contract resulting from this Solicitation Document.

“Solicitation Document” or “Invitation to Bid (ITB)” means this document, including all parts, sections, exhibits, attachments, and Addendums, which is issued to invite Offers from prospective Contractors pursuant to ORS Chapter 279B.

“State” means the State of Oregon.

“Written” or “Writing” means conventional paper documents, whether hand written, manuscript or printed, in contrast to spoken words. It also includes facsimile documents or electronic transmissions to the extent permitted by this Solicitation Document or the Contract.

1.4 SINGLE POINT OF CONTACT:

Bidders shall address ALL INQUIRIES related to this Solicitation Document to the individual identified below by any of the following methods:

NAME: Burke Mayer EMAIL: burke.mayer@odf.oregon.gov

PHONE: 971-301-0510

MAIL: OREGON DEPARTMENT OF FORESTRY, PROCUREMENT UNIT

2600 STATE STREET, BLDG. E, SALEM, OR 97310

1.5 OregonBuys:

This Solicitation Document, including attachments and any Addenda issued, is published on OregonBuys at https://oregonbuys.gov/bso/view/login/login.xhtml. Bidders should check OregonBuys regularly up until Closing for any changes made to the Solicitation Document. Agency is not responsible for any errors or omissions from downloading the Solicitation Documents, attachments, and any Addenda issued.

https://oregonbuys.gov/bso/view/login/login.xhtml

OregonBuys Usage:

Bidders unfamiliar with the OregonBuys system may contact the OregonBuys Help Desk located at the DAS Procurement Services Office at 1225 Ferry Street SE U140, Salem, OR 97301-4285; telephone (503) 378-4642; or email: support.oregonbuys@das.oregon.gov Bidders may also look for updates on the following website: https://oregonbuys.gov/bso/view/login/login.xhtml.

Solicitations:

Solicitations, including all Addenda and attachments, are posted on OregonBuys, in accordance with OAR 125-246-0500, as part of the Solicitation Document. Bidders who do not have access to OregonBuys may request to review or receive copies from the Single Point of Contact listed in Section 1.4.

Addenda:

Changes to the Solicitation Document will be made only by Written Addenda issued by the Agency and posted on OregonBuys. Addenda are incorporated with the original Solicitation Document and can be viewed and downloaded by registered Bidders. Bidders should consult OregonBuys system regularly until Closing to avoid missing Addenda.

2. SOLICITATION PROCESS:

The Agency will conduct this Solicitation in accordance with Competitive Sealed Bidding requirements set forth in ORS, Chapters 279A and 279B and OAR, Chapter 125, Divisions 246 and 247.

2.1 QUESTIONS AND REQUESTS FOR CLARIFICATIONS:

Questions and Requests for Clarifications:

Bidders may submit requests for clarification and questions regarding this Solicitation Document via email.

Such requests must:

(a) Identify the Bidder’s name;

(b) Clearly reference this ITB’s OregonBuys Opportunity number;

(c) Be in Writing and submitted to the Single Point of Contact identified in Section 1.4; and

(d) Be received by the Single Point of Contact by the deadline specified in Section 1.2 Procurement Schedule “Deadline for Inquiries” unless deadline changed by Addenda in accordance with Section

1.5 above.

The Agency is not responsible for the successful transmission electronic requests. Late requests will NOT be accepted. The Agency, at its sole discretion, will respond to such requests received by direct response to the requestor and may issue clarification(s) in the form of questions and answers posted on OregonBuys.

The Agency’s clarification to a request, whether orally or in Writing, does not change this Solicitation Document and is not binding on the Agency unless the Solicitation Document is amended by Addendum in accordance with Section 1.5 above.

2.2 BID SUBMISSION:

Bids must be emailed to the Single Point of Contact identified in Section 1.4. ALL BIDS MUST BE SUBMITTED BY EMAIL AS ONE PDF ATTACHMENT. Please include the Invitation to Bid number in the subject line of the email. If Bidder is unable to submit a Bid via email, Bidder must contact ODF’s Single Point of Contact within a reasonable time period (as determined by ODF) prior to the submission deadline to make arrangements for alternate delivery or an alternate format. ODF is not responsible for incomplete bids or bids that were not correctly addressed to email of Single Point of Contact identified in Section 1.4. Only approved alternative delivery or formats may be accepted.

Bids must be received by the Agency before the scheduled Solicitation Document Closing date and time, found in Section 1.2. Late Bids will not be considered.

mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso/view/login/login.xhtml

All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by Agency. The Agency will not accept Bids that require payment by the State.

Trade Secrets:

Any information Bidder submits in response to this Solicitation Document that Bidder considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure, must be clearly labeled by the Bidder with the following: "This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192." Bidders are cautioned that the entire Bid or price information submitted in response to this Solicitation Document is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidder that is already in the public domain is not protected. Bidders must label the specific Bid pages that are considered a trade secret. Bidder agrees to not hold the State or the Agency liable for disclosure or release of information submitted by Bidder when such release is authorized or required by law, or is pursuant to a court or administrative order. Bidder also agrees that the State and the Agency will be immune from liability for disclosure or release of information submitted by Bidder under the circumstances set out in ORS 646.473(3).

2.3 BID MODIFICATIONS OR WITHDRAWALS PRIOR TO CLOSING:

Bid Modification:

A Bid submitted in response to this Solicitation Document may be modified, in Writing, by the Bidder prior to Closing. Bid Modifications must be submitted electronically (via email) as a PDF document. Bid modifications submitted must be clearly marked as such and must comply with all Bid Submission requirements in Section 2.2. Bidder shall prepare modifications on Bidder’s letterhead. Each Bid modification must be signed by Bidder’s authorized representative and state that the modifications amend and supersede the identified portions of the Bid.

Bid Withdrawal:

A Bid submitted in response to this Solicitation Document may be withdrawn by the Bidder prior to Closing.

Bid Withdrawals must be submitted electronically (via email) as a PDF document. To withdraw a Bid, Bidder must submit a written notice on Bidder’s company letterhead signed by Bidder’s authorized representative.

Bid withdrawals must be clearly marked as such and must comply with all Bid Submission requirements in Section 2.2.

If Bidder is unable to submit a Bid Modification or Bid Withdrawal via email, Bidder must contact ODF’s Single Point of Contact to make arrangements for an alternate format prior to the submission deadline.

2.4 BID OPENING:

A public bid opening will be held “by appointment only”. Bidders who wish to attend a public opening of the bid must notify the Single Point of Contact at least 48 hours prior to bid closing, to allow time for planning.

Bids received in response to this Solicitation Document will be opened during the scheduled Closing date and time designated in Section 1.2 Procurement Schedule or as changed by Addendum. However, the date and time of the public opening may be held at a later date and time, due to safety concerns. Public opening may occur via Zoom video conference, if ODF believes it is in the best interests of ODF staff and bidders to do so. If ODF decides to hold a Zoom conference for the bid opening, bidders will be sent instructions on how to join the meeting. The Bidders who choose to attend (in-person, or via Zoom) will be informed only of the names of Bidders submitting Bids.

Duration of Bid:

Bids must be signed by an official Person authorized to bind the Bidder to its provisions. The Bid must remain valid for at least sixty (60) calendar days after Closing.

2.5 ACCEPTANCE OF BID:

The contents of this Solicitation Document and the Bid of the successful Bidder will become part of the Contract. The Bidder will be held to the terms submitted in its Bid. Failure to meet these obligations will result in rejection.

Disqualification of Bids:

Any attempt by a Bidder to improperly influence the evaluation process will result in the disqualification of that Bidder’s Bid from consideration.

Administrative Review:

Bids will be evaluated for compliance with the Bid requirements identified in Section 4 below. Bids deemed non-Responsive will be rejected. Bids deemed Responsive will be further evaluated as described in Section

5.2 below.

2.6 CANCELLATION OF SOLICITATION AND REJECTION OF BIDS; DELAY OR SUSPENSION OF

SOLICITATION:

In accordance with ORS 279B.100, OAR 125-247-0640 and OAR 125-247-0650, the Agency may cancel this Solicitation, or reject any or all Bids in whole or in part, when the Agency determines that such cancellation or rejection is in the Agency’s best interest. The Agency may delay or suspend this Solicitation when the Agency determines that such delay or suspension is in the Agency’s best interest.

3. SPECIFICATIONS – As Described in Attachment 3 (Sample Contract Form), Exhibit A (Statement of Work).

4. BID PREPARATION:

4.1 FORMAT AND CONTENT OF BID:

This section will be scored on a Pass or Fail basis by the Agency. Failure to meet the minimum Bid submission requirements may result in the Bid being deemed non-Responsive. Only those Bids determined as being Responsive to the minimum Bid submission requirements listed below will be considered for further evaluation.

Bid Format:

Bids must be submitted on the forms and in the format required by this Solicitation Document. Any specific forms required for Bid submittal are included as attachments to this Solicitation Document.

Bid Content:

To be considered for Contract award, Bids submitted in response to this Solicitation Document must be complete in all respects, including necessary signatures, certifications, documentation, and responses to any other information required by this Solicitation Document, including but not limited to Section 4.2 below.

4.2 BID REQUIREMENTS:

A. Contractual Acceptance Form

The Bid must contain a completed Contractual Acceptance Form (Attachment 1) including an original signature of the Bidder or a representative of the Bidder who is authorized to commit the Bidder to legal contracts. The person signing the Bid shall initial any alterations or erasures in ink. By submitting its Bid, a Bidder agrees to be bound by the terms and conditions contained in this Solicitation Document. A Bidder shall not make a Bid conditional upon the Agency’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document.

B. Pricing Submittal The Bid must contain a completed Pricing Submittal Form (Attachment 2). All Pricing Submittals must be valid for sixty (60) calendar days from Closing.

C. Minimum Requirements The Bid must comply with all minimum requirements and specifications described below.

1) Statement of Qualifications: Bidders must submit a Statement of Qualifications with their bid which will be evaluated on a pass/fail basis. The Statement of Qualifications (SOQ) must address the requirements outlined below. Bidders that do not demonstrate that they meet these minimum qualifications will not be considered for award. Each Bidder shall:

• Describe the knowledge, experience, and training of the Proposer and Key Personnel who will provide services under the Contract, in accordance with Section 3;

• Explain how the Key Personnel meet the minimum Personnel requirements listed below and provide resumes for the Key Personnel;

• Include a project organization chart or list detailing the Key Personnel;

• And include a Management Plan for the project.

2) Bidder Requirements:

The Bidder must demonstrate knowledge, experience, and training in:

• NEPA analysis and writing and editing of NEPA documents

• Planning and implementation of forest restoration and commercial thinning projects

• West Cascades or Western Oregon forest ecosystems

• Collection and analysis of various types of natural resource data

• Public engagement and collaboration

3) Key Personnel Requirements:

A team of specialists will be needed to provide the services required by this contract (e.g., archaeologists and a botanist). Proposers must provide an organizational chart or list demonstrating their team includes all necessary specialists and for each specialist role describe how the Key Person meets or exceeds the minimum requirements listed below.

Bidder must provide resumes for Key Persons, detailing their background, experience, education, accomplishments and expertise related to the specific work. If Proposer intends to utilize subcontractors to accomplish work under a resulting Contract, the Proposer must include a list of all subcontractors and include resumes for all subcontractor personnel who will provide services under the subcontract. AGENCY shall determine in its sole discretion if relevant experience may be substituted for degree requirements.

Archeology Requirements

The Contractor personnel shall meet the Secretary of the Interior’s Professional Qualification Standards for Archeology and Historic Preservation (36 CFR Part 61) https://www.nps.gov/history/local-law/arch_stnds_9.htm

• Principle Investigator: The minimum professional qualifications for the Principal Investigator are:

1) A graduate degree in anthropology with an archaeology emphasis;

2) Demonstrated ability to carry out research to completion as evidenced by timely completion of previous contracts undertaken within the past three years and no current contracts which are past their completion dates,

3) One year of full-time professional experience in archeological administration, research or management relevant to Northwest archeology,

4) Supervisory field and analytical experience,

5) Meet any current requirements of the State Historic Preservation Officer for a person functioning as a Principal Investigator.

https://www.nps.gov/history/local-law/arch_stnds_9.htm

• Field Supervisors/Crew Chiefs: A minimum of a bachelor's degree in anthropology, archeology, history or a closely related field with a minimum of six months general archeological field experience and three months of previous field archeological supervisory experience conducting similar work.

• Field or Laboratory Crew: Completion of or satisfactory progress toward a bachelor’s, degree in anthropology, archaeology, history or a closely related field, or six months previous experience in archeological field or laboratory work. (For example, completion of an archeological field school is considered satisfactory qualification for an initial position (first archaeological job) if that individual will be constantly supervised by a higher qualified individual).

Botanist Requirements

• An undergraduate degree in botany, or equivalent education and experience.

• Local botanical identification skills, skills in taxonomic classification of both vascular and non-vascular plans of the Inland Northwest are required. Orienteering and photo interpretation skills preferred.

• At least 2 years of experience in preparing biological evaluations or assessments.

4) Management Plan

The bid shall provide a plan that identifies the managerial effort, supporting staff, equipment, resources, and space that shall be committed to the timely and successful completion of the project.

BIDS:

5.1 BID DETERMINATION:

Bids received by Closing will be evaluated in accordance with the evaluation process described below and pursuant to OAR 125-247-0600, and any other applicable rules and statutes. Bids will be evaluated to make a determination of the number of Bidders, if any, to be awarded Contract(s). This Solicitation Document does not obligate Agency to award a Contract.

Substantial Compliance Required:

Incomplete Bids (e.g. Bids not in substantial compliance with the Solicitation Document requirements) cannot be considered and cannot be supplemented by submissions delivered after the Solicitation Document Closing date and time. However, the Agency may waive minor deviations from the requirements of this Solicitation Document, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

Bidder Availability Clarification of Bids:

During the evaluation process, the Agency may request clarification from Bidder regarding any portion of their Bid. Bidders must remain available during the evaluation period to respond to any requests for clarification that may be needed to complete the evaluation process.

If Bidder receives a request for clarification regarding their Bid, Bidder should respond to the requests in the format and timeframe required by the Agency. If the Agency is unable to contact or receive a requested clarification from a Bidder in a timely manner, it may result in a determination that the Bidder’s Bid is non- Responsive, and the Bid may be rejected.

5.2 RESPONSIVENESS:

Bids received in response to this Solicitation Document will be evaluated for compliance to determine the responsiveness to the minimum Bid submission requirements of this Solicitation Document. Bids deemed Responsive to this Solicitation Document will be further evaluated for cost. Bids deemed non-Responsive to the minimum Bid submission requirements of this Solicitation Document will not be further evaluated and will be rejected.

5.3 PRICING:

For all Responsive Bids, pricing submitted in accordance with the requirements described in Section 4.2.B Pricing Submittal, will be evaluated to determine the Bidders providing the lowest cost.

Applicable Preferences:

In accordance with ORS 279A.120 and 125, the Agency must:

(a) Give preference to goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are otherwise equal;

(b) Add a percent increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides; and

(c) Give preference to the procurement of goods manufactured from recycled materials.

For purposes of applying (a) and (b) above, Bidder must identify on Attachment 1 whether Bidder is a “Resident Bidder” as defined in ORS 279A.120(1)(b).

6. AWARD PROCESS:

Method of Award:

ODF shall award the Contract on an “All or None” basis to the responsible Bidder submitting the lowest responsive Bid, based upon the following method of calculation: All selected line items will be totaled for a final Bid price. The State reserves the right to withdraw any or all line items from award consideration.

6.1 INTENT TO AWARD ANNOUNCEMENT:

Agency will notify all Bidders via Notice on OregonBuys of its Intent to Award Contract(s) to selected Bidder(s). This announcement will serve as Notice to all Bidders that the Agency intends to award Contract(s) to the selected Bidder(s) subject to the successful negotiation of any negotiable provisions

6.2 – RESERVED.

6.3 CONTRACT REQUIREMENTS:

Contract Form:

The Bid is an Offer to enter into a contract that, if accepted for award, binds the Bidder to a contract and terms and conditions contained in this Solicitation Document.

The selected Bidder will be asked to sign a contract substantially in the form that is included as Attachment 3 (Sample Contract Form) to this Solicitation Document.

Bidder shall not make a Bid contingent upon the Agency’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document. The process for requesting changes to the Contract terms and conditions is described in Section 2.1 of this Solicitation Document.

Recyclable Products:

Contractor(s) shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

Insurance:

Bidders are encouraged to consult with their insurance agent(s) prior to Bid submission about the insurance requirements contained in this Solicitation Document. Prior to execution of the Contract, the selected Bidder shall provide the Agency certificates and additional insured endorsements of the insurance coverage’s identified in Attachment 3 (Sample Contract Form) Exhibit B (Insurance Requirements) or as otherwise specified in this Solicitation Document.

6.4 FINALIZATION OF AWARD AND COMMENCEMENT OF WORK:

After submission of the required information and insurances identified in the Solicitation Document by the awardee and obtaining all requisite approvals required by the Agency, the Agency may proceed with final award.

Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.

6.5 REVIEW OF AWARDED BID FILES:

Most information contained in Bid files are public records and available for review after the Intent to Award has been issued by contacting Single Point of Contact.

ATTACHMENT 1

SIGNATURE OF BIDDER’S AUTHORIZED REPRESENTATIVE FORM

THIS FORM MUST BE COMPLETED AND RETURNED WITH BID

**This form shall be signed by an authorized representative of Bidder. Any alterations or erasures shall be initialed by the undersigned authorized representative. Electronic signature is acceptable.**

CONTRACTOR DATA:

Bidder shall provide the information requested below, as applicable, including Bidder’s federal tax ID number. Tax information is requested pursuant to ORS 305.385 and will be used for the administration of state, federal and local tax laws. ODF may report the information provided to the Internal Revenue Service under the name and taxpayer identification number provided.

Bidder’s Legal Name (tax filing): _______________________________________________________

Mailing Address: ___________________________________________________________________

Citizenship (if applicable): Non-resident alien [ ] Yes [ ] No

Business Designation (check one):

[ ] Corporation [ ] Professional Corporation [ ] Partnership [ ] Limited Partnership

[ ] Limited Liability Company [ ] Limited Liability Partnership [ ] Sole Proprietorship

[ ] Other ___________________________________________

Federal Tax ID: ________________________

Bidder’s Contact Information:

Authorized Representative __________________________________________________________

Phone _____________________________ Fax _____________________________

E-mail __________________________________________________

RESIDENCY INFORMATION

In determining the lowest responsible bidder, and for the purpose of awarding a contract, Oregon law requires a public contracting agency to add a percentage increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. ORS 279A.120.

“Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the twelve

(12) calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a resident bidder. ORS 279A.120(1)(b).

A “Non-resident” bidder means a bidder who is not a “resident bidder” as defined above. ORS 279A.120(1)(a).

a. Check one: Bidder is a ( ) RESIDENT bidder ( ) NON-RESIDENT bidder.

b. If resident bidder, enter your Oregon business address: (physical and mailing address)

c. If a non-resident bidder, enter state of residency:_______________________________________________

d. If a non-resident bidder, do you or your firm receive, or are you or your firm eligible for, any preference in award of contracts with your state’s government or with other governmental bodies in your state?

CHECK ONE: ( ) YES ( ) NO

If yes, state the preference percentage: _________________%

If yes, but not a percentage of bid price, describe the preference:

If yes, state the law or regulation that allows the preference described (legal citation):

The individual signing on behalf of Bidder hereby acknowledges, attests and certifies individually and on behalf of the Bidder that:

• He/she is a duly authorized representative of Bidder, has been authorized by Bidder to make all representations, attestations and certifications contained in this Bid and all addenda, if any, issued, and to execute this Bid on behalf of Bidder;

• The information supplied by Bidder in this Bid is true and accurate;

• Bidder, acting through its authorized representatives, has completely read and understands all the provisions of the Solicitation, including all attachments and addenda, if any, issued;

• The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty;

• Bidder is bound by and will comply with all the provisions, requirements, specifications, and terms and conditions contained in the Invitation to Bid and Bid, including all attachments and addenda, if any, issued;

• Bidder agrees to provide all services required to be provided under the Contract in accordance with specifications and requirements, and will comply in all respects with the terms of the resulting Price Agreement upon award;

• Bidder has the available resources, including staffing if applicable, to provide the services in a reasonable timeframe to pursue ODF’s objectives;

• Bidder has not discriminated and will not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS

200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225; and

• Bidder has a written policy and practice that meets the requirements described in HB 3060 (2017) Oregon Laws, chapter 212, of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

• To the best of his other knowledge, Bidder is not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" are those tax laws listed in ORS 305.380(4), namely ORS Chapters 118, 314, 316, 317, 318, 320, 321 and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620.

Signature of Bidder’s Authorized Representative Date

ATTACHMENT 2

PRICING SUBMITTAL FORM

The undersigned submits the following bid for furnishing all equipment, travel and labor to perform survey, analysis and documentation services necessary for NEPA compliance for the Kinney and Humbug GNA Projects for the Oregon Department of Forestry Beginning January 15, 2024, and ending May 31, 2024. This form must be completed and returned or the bid may be rejected.

PRICING

Task Number

Task Description Price

1 Botanical survey

2 Cultural survey and report

Total Price

Bidder may add lines to this Bid Form, or attach a detailed budget as a separate schedule. Add lines as necessary to show additional staff. These rates may not be used for the purposes of award, but may be used to determine the cost of amendments to add or subtract work.

DATE SIGNATURE_____________________________________

NAME (Please print)________________________________________________

TELEPHONE NO. ( ) TITLE___________________________

Email_______________________________

ATTACHMENT 3

SAMPLE CONTRACT FORM

STATE OF OREGON PERSONAL/PROFESSIONAL SERVICES CONTRACT

This Contract is between the State of Oregon, acting by and through its Department of Forestry, hereafter called “Agency”, and Name of Company, hereafter called “Contractor”. Agency and Contractor shall collectively be referred to as the “Parties”.

1. Contract.

a. Term. This Contract shall become effective on the date this Contract has been fully executed by every party and, when required, approved by the Department of Justice. Unless extended or terminated earlier in accordance with its terms, this Contract shall terminate when Agency accepts Contractor's completed performance or on May 31, 2024, whichever date occurs last. Contract termination shall not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

b. Authority. Agency is authorized to enter into this type of contract under the authority granted in ORS 526.275 et seq.

2. Statement of Work; Key Persons/Key Personnel.

a. Contractor shall perform the work (the “Work”) as set forth in the Statement of Work, which includes the delivery schedule for such Work, and that is attached hereto as Exhibit A.

Contractor shall perform the Work in accordance with the terms and conditions of this Contract.

b. Contractor and Agency agree that each individual specified below is an individual whose special qualifications and involvement in Contractor’s performance of Services form part of the basis of agreement between the Parties for this Contract and is an individual through whom Contractor shall provide to Agency the expertise, experience, judgment, and personal attention required to perform Services (“Key Person” or “Key Personnel”). Each of the following is a Key Person under this Contract (indicate name and role or title):

Title Name

Neither Contractor nor any Key Person of Contractor shall delegate performance of Services any

Key Person is required to perform under this Contract to others without first obtaining Agency’s written consent. Further, Contractor shall not, without first obtaining Agency's prior written consent, re-assign or transfer any Key Person to other duties or positions so that the Key Person is no longer available to provide Agency with that Key Person’s expertise, experience, judgment, and personal attention. If Contractor requests Agency to approve a re-assignment or transfer of a Key

CONTRACTOR: DEPARTMENT OF FORESTRY

Administrator: Administrator:

Title: Title:

Address: Address:

Phone: Phone:

Fax: Fax:

Email: Email:

Federal ID #:

Person, Agency shall have the right to interview, review the qualifications of, and approve or disapprove the proposed replacement(s) for the Key Person. Any individual Agency approves as a replacement for a Key Person is deemed a Key Person under this Contract. Contractor understands and agrees that Agency may determine that the lack of experienced and qualified Key Persons constitute grounds to terminate this Contract.

3. Consideration

a. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $________________________. Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work, and will not pay for Work performed before the date this Contract becomes effective or after the termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

b. Interim payments to Contractor shall be subject to ORS 293.462, and shall be made in accordance with the payment schedule and requirements in Exhibit A.

c. Agency will pay only for completed Work that is accepted by Agency.

d. Contractor agrees to invoice Agency on the schedule and in accordance with the conditions set forth in Part IV of the Exhibit A (Statement of Work).

4. CONTRACT DOCUMENTS.

THIS CONTRACT CONSISTS OF THE FOLLOWING DOCUMENTS, WHICH ARE

LISTED IN DESCENDING ORDER OF PRECEDENCE: THIS CONTRACT LESS ALL

EXHIBITS, ATTACHED EXHIBIT A (THE STATEMENT OF WORK), EXHIBIT B

(REQUIRED INSURANCE), AND EXHIBIT C (INDEPENDENT CONTRACTOR

CERTIFICATION STATEMENT). EXHIBIT C INCLUDES FOUR APPENDICES,

INCLUDING APPENDIX A (APPENDIX A: BACKGROUND, PURPOSE, AND NEED),

APPENDIX B (PROJECT AREA MAP), APPENDIX C (DECISION MEMO

REQUIREMENTS), APPENDIX D (PROJECT RECORD CHECKLIST), APPENDIX E

(APPLICABLE DOCUMENTS), APPENDIX F (SILVICULTURAL RX TEMPLATE).

THESE EXHIBITS A-C, INCLUDING APPENDICES, ARE ATTACHED HERETO AND

INCORPORATED HEREIN BY THIS REFERENCE.

5. Independent Contractor; Responsibility

a. Contractor shall perform all Work as an independent contractor. The Agency reserves the right (i) to determine and modify the delivery schedule for the Work and (ii) to evaluate the quality of the Work Product, however, the Agency may not and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of performing the Work.

b. If Contractor is currently performing work for the State of Oregon or the federal government, Contractor by signature to this Contract, represents and warrants that: Contractor’s Work to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no statutes, rules or regulations of the state or federal agency for which Contractor currently performs work would prohibit Contractor’s Work under this Contract.

c. Contractor understands and agrees that it is not an "officer", "employee", or "agent" of the Agency, as those terms are used in ORS 30.265.

6. Subcontracts, Successors, and Assignments

a. Contractor shall not enter into any subcontracts for any of the Work required by this Contract without Agency's prior written consent. In addition to any other provisions Agency may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that Agency will receive the benefit of subcontractor performance as if the subcontractor were the Contractor with respect to Sections 5, 6, 7, 9, 10, 11, 14, 15, 16, 18, and 23. Agency’s consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract.

b. The provisions of this Contract shall be binding upon and inure to the benefit of the parties, their respective successors, and permitted assigns, if any.

c. Contractor shall not assign, delegate or transfer any of its rights or obligations under this Contract without Agency’s prior written consent.

7. No Third Party Beneficiaries. Agency and Contractor are the only parties to this Contract and are the only parties entitled to enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

8. Funds Available and Authorized; Payments. Contractor shall not be compensated for Work performed under this Contract by any other agency or department of the State of Oregon. Agency certifies that it has sufficient funds currently authorized for expenditure to finance the costs of this Contract within the Agency's current biennial appropriation or limitation. Contractor understands and agrees that Agency's payment of amounts under this Contract is contingent on Agency receiving appropriations, limitations, allotments or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract. Nothing in this Agreement is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon.

9. Representations and Warranties.

a. Contractor’s Representations and Warranties. Contractor represents and warrants to Agency that (1) Contractor has the power and authority to enter into and perform this Contract, (2) this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (3) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor will apply that skill and knowledge with care and diligence to perform the Work in a professional manner and in accordance with standards prevalent in Contractor’s industry, trade or profession, (4) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work, (5) all computer hardware and software delivered under this Contract will, individually and in combination, correctly process, sequence, and calculate all date and date-related data for all dates prior to, through and after January 1, 2000, (6) any software products delivered under this Contract that process date or date-related data shall recognize, store and transmit date data in a format which explicitly and unambiguously specifies the correct century, and

(7) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty.

b. Warranties cumulative. The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided.

10. Ownership of Work Product.

a. Definitions. As used in this Section 10, and elsewhere in this Contract, the following terms have the meanings set forth below:

(i) “Work Product” means every invention, discovery, work of authorship, trade secret or other tangible or intangible item and all intellectual property rights therein that Contractor is required to deliver to Agency or U.S. Forest Service pursuant to the Work.

b. Ownership. All Work Product created by Contractor pursuant to the Work, including derivative works and compilations, and whether or not such Work Product is considered a work made for hire or an employment to invent, shall be the exclusive property of the U.S. Forest Service, and such Work Product shall be made available to Agency, only upon its specific request. The U.S. Forest Service is an intended beneficiary of the this Section 10 of this Contract.

c. Future use of data. All field notes, maps, electronic data, photographs or digital images, and artifacts collected or generated from this procurement are considered property of the United States Government and will be submitted to the WNF-PM with the final inventory report at the conclusion of the project.