2025 Seedling Growing Services RFP_FINAL.pdf

S-62900-00013110- 2025 ODF Forest Tree Seedling Growing Services RFP

REQUEST FOR PROPOPALS (RFP)

APPLICATION

for 2025 ODF Forest Tree Seedling Growing Services Price Agreement S-62900-00013110

SINGLE POINT OF CONTACT:

Proposers/Applicants 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

Summary of Need: The Oregon Department of Forestry (ODF) State Forest Division procures annually over

2.6 million tree seedlings grown under contract with state and private reforestation nurseries, with annual estimated expenditures at over $1.2 million. ODF will consider nurseries that grow either bareroot or container (or both) seedlings to meet our needs for seedling growing services under this procurement process.

Method of Procurement: In order to meet this need for tree seedling growing services, ODF may enter into price agreements with multiple contractors around the State. “Price agreement” is defined in ORS 279A.010 and means: a public contract for the procurement of goods or services as a set price with no guarantee of a minimum or maximum purchase. ODF is conducting this procurement under authority of ORS 530.050(4) and using a Multistep Proposal as defined in ORS 279B.060 and OAR 137-047-0261, whereby in step one, a contractor submits an application and, if the proposal/application is a “responsive proposal.” as defined in ORS 279B.005, and if the contractor is determined by ODF to be “responsible” as defined in ORS 279B.110 (See Section 1 for additional information), the contractor moves on to step two, which is a scored interview. After ranking proposals in accordance with the evaluation criteria in the interview to determine Competitive Range, ODF intends to enter into a price agreement, which incorporates terms and conditions and specifications for tree seedling growing services (see attachments), with each contractor within that Competitive Range. ODF anticipates awarding multiple price agreements as a result of this RFP. The initial term of the price agreements will be 10 years, unless terminated earlier, with optional biennial extensions (every 2 years) up to 20 years. ODF may also contact applicants and request an application from them.

For purposes of complying with applicable aspects of ORS 279A and 279B regarding procurement of goods and services, an applicant for a seedling growing price agreement is considered a “proposer” as that term is used in the statutes or related administrative rules.

Proposal/Application Pricing: For the purposes of this RFP scoring evaluation, ODF will award points based on 2024 seedling pricing. Awarded Contractors will then be requested to provide 2025 prices in late summer (August or September) for evaluation during ODF’s WOC assignment process. 2024 prices will be considered an offer only for the purposes of RFP scoring. 2025 prices will constitute binding offers, which will be binding until modified, if at all, in compliance with the terms and conditions of the Price Agreement (as one example, 2025 prices would be binding until the next year’s prices are considered and accepted by September 15th of the following year during the Price Agreement term).

TO APPLY:

1. Step One Applications (Proposals) are due by April 25, 2025 at 2:30 PM PT.

a. Fill out sections 1, 2, and 3 completely. Be sure to carefully review Section 4, RFP Process Steps and Terms, and Step 5, Sample Price Agreement, and Sections 6 and 7, Terms and Conditions for Forest Tree Seedling Growing Services and Sample Work Order Contract (respectively) as you must agree to these terms, conditions, and specifications upon submitting your application.

b. Submit your application to the Single Point of Contact: Burke Mayer, ODF Procurement Office, 2600 State Street, Salem, Oregon 97310. Phone: 503-301-0510, Email:

burke.mayer@odf.oregon.gov. Applications must be submitted by email. When submitting by email, please send all application documents as one PDF attached to the email. Revisions of proposals/applications may be permitted after the submission of proposals/applications and before award for the purpose of obtaining best offers or best and final offers. See OAR 137- 047-0261(7)(d)(C).

2. Step Two: If your application is accepted, ODF will then contact proposers for an “on-site” interview or to answer further application questions to determine which Contractors offer the “best value” for ODF to offer mmediate Work Order Contracts (WOCs) in the fall of 2025 (contractors selected at the completion of this process will be placed on a list that is referred to hereinafter as the “Immediate WOC recipient list”). Please see Section 3, “Contractor Selection” of the Price Agreement Terms and Conditions, for a more detailed description of the criteria that ODF may look at to determine “best value”.

3. Step Three: If evaluated and determined to be within the “Competitive Range”, ODF will offer a price agreement document for your signature. Once this document is signed by you and ODF, your price agreement will be in effect through the date specified therein.

ODF reserves the right to award additional Price Agreement(s) after initial WOC awards are made. If ODF chooses to exercise this discretion, ODF will re-post an opportunity on OregonBuys to allow other potential contractors to submit applications (“rolling application” process). Any applications received after initial award will be evaluated to determine responsiveness and Responsibility, and whether within Competitive Range.

Contractors put on the price agreement list after the initial WOC awards will not be put on the Immediate WOC recipient list. Instead, they will be put into the pool of contractors that are eligible to receive WOC’s through the price agreement. However, when contractors are re-evaluated at the yearly interval, such contractors will have the opportunity to move onto the Immediate WOC recipient list.

APPLICATION TABLE OF CONTENTS:

Section 1 – Proposer Information and Qualifications Section 2 – Pricing Section 3 – Certifications and Signature of Applicant’s Duly Authorized Representative Section 4 – RFP Process Steps and Terms of the Solicitation Section 5 – Sample Price Agreement Section 6 – Price Agreement Terms Section 7 – Work Order Contract Sample mailto:burke.mayer@odf.oregon.gov

SECTION 1 – APPLICANT INFORMATION AND QUALIFICATIONS

Business Name: Phone:

Owner(s) Name: Email:

Business Address:

RESPONSIBILITY: ORS 279B.110 requires contracting agencies to determine whether a bidder or proposer (applicant in this case) for a public contract meets the following standards of responsibility:

• Has available the appropriate financial, material, equipment, facility and personnel resources and expertise necessary to meet all contractual responsibilities.

• Completed previous contracts of a similar nature with a satisfactory record of performance.

• Has a satisfactory record of integrity. Is legally qualified to contract with the contracting agency.

• Supplied all necessary information in connection with the inquiry concerning responsibility.

The information requested in this section is intended to assist ODF in making its evaluation of responsibility. In addition, ODF reserves the right to further investigate applicant’s responsibility using any available information, and requesting additional information from the applicant if necessary. An applicant’s failure to provide information requested by ODF in relation to the applicant’s responsibility may result in disqualification for award of a price agreement.

MINIMUM QUALIFICATION: Proposer must own (or lease) and operate a nursery for forest tree seedlings.

EXPERIENCE: Provide a description of your company’s experience providing the products and/or services described in the Terms and Conditions and specifications. Include number of years and the types of products/services you provide.

(Attach additional sheets if necessary):

REFERENCES: Provide below a list of three different customer references that can be contacted regarding the quality of products and services your company has provided within the past five years:

Reference #1 Customer Name (company name): ___________________________________________________

Products and/or services and dates provided:

Contact Person Name and Phone:

Reference #2

Reference #3

SECTION 2 – PRICING

Provide a spreadsheet of prices for all Forest Tree Seedling products that your company offered in 2024.

Example:

Unit Price includes all inspection and brokerage costs, if necessary.

1+1 standard density Douglas-fir Spring plant $ per thousand P+1 standard density Douglas-fir Fall plant $ per thousand P+1 low density Douglas-fir Fall plant $ per thousand (at 21/bdft) P+1 standard density Western Hemlock $ per thousand P+1 standard density Western Redcedar $ per thousand

Shipping rates will be determined at the scheduling of seedling pack out.

Any combination of Species and Stock type listed that your company would be willing to grow

Species Douglas fir Western hemlock Western red cedar Western red alder Grand fir Noble fir Sitka spruce Ponderosa pine Western white pine

Stock type Bareroot 1+1 Standard Density P+1 Standard Density P+1 Low Density

Plugs 6S-415B 8L-415C 10-415D 15-515A 20-615A

SECTION 3 – CERTIFICATIONS AND SIGNATURE OF APPLICANT’S DULY AUTHORIZED

REPRESENTATIVE

The undersigned acknowledges, attests and certifies individually and on behalf of the applicant that:

(1) He/she is a duly authorized representative of the applicant, and has been authorized by the applicant to make all representations, attestations, and certifications contained in this application, and to execute a contract;

(2) The applicant, acting through its authorized representatives, has read and understands all instructions, specifications, and terms and conditions contained or incorporated by reference herein;

(3) The pricing has been arrived at independently and has been submitted without any collusion designed to limit independent bidding or competition;

(4) The applicant is bound by and will comply with all requirements, specifications, and terms and conditions or incorporated by reference contained herein;

(5) Applicant will furnish the designated item(s) or service(s), or both, in accordance with the relevant Work Order Contract and Price Agreement requirements, and will comply in all respects with the terms of an awarded price agreement.

Business Name:

Authorized Representative (Type or Print):

Authorized Representative’s Signature:

Authorized Representative’s Title:

Contact Person (Type or Print):

Telephone Number: (____)_____________________Email Address: _____________

Section 4- RFP Process Steps and Terms of the Solicitation

Table of Contents

Section 1: Purpose and General Information

1.1 Definitions

1.2 Introduction

1.3 Schedule

1.4 Single Point of Contact

Section 2: Proposal Requirements

2.1 Minimum Proposal/Application Requirements

2.2 Mandatory Requirements

Section 3: Solicitation Process

3.1 Procurement Authority and Method

3.2 OregonBuys

3.3 Questions, Modifications and Protests Relating to the RFP, Contract Provisions or Scope of

Work

3.4 Submission of Proposals/Applications

3.5 Withdrawal of Proposals/Applications

3.6 Opening of Proposals/Applications

3.7 Evaluation and Award

3.8 Public Information, Confidentiality, and Trade Secrets

3.9 Cost of Preparing Proposals/Applications

3.10 Reservation of Agency Rights

3.11 Contract Form

3.12 Contractual Obligation

Section 4: Evaluation and Award

4.1 Evaluation Process

4.2 Negotiations

4.3 Evaluation Criteria

4.4 Evaluation of References for the Proposer’s Company (Scored)

4.5 Award Notification and Process

Section 5: Attachments Attachment A – Price Agreement (“PA”) Attachment B – Work Order Contract (“WOC”) Attachment C – Proposal Cover Sheet Attachment D – Qualifications and Experience Worksheet

Section 1: Purpose and General Information

1.1 Definitions.

For general definitions, see OAR 137-246-0110, which are incorporated by reference herein.

"Addenda" means an addition to, deletion from, a material change in, or general interest explanation of the Request for Proposal.

"Agency" means the Oregon Department of Forestry (ODF)

"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.

"ODF" means Oregon Department of Forestry.

"PA" means Price Agreement

"Proposal" means a competitive offer (here, an Application), binding on the Proposer and submitted in response to a request for proposals.

"Proposer" means an entity that submits a Proposal in response to a request for proposals.

"Purchase Order" means the purchase order submitted to Contractor for the ordering of Services under the Contract.

"RFP" means this Request for Proposals (here, an Application).

"Services" means the services to be performed under assigned Work Order Contracts.

"Statement of Work" means the specific provision in the final Work Order Contract which sets forth and defines in detail (within the identified Scope of Services) the agreed-upon objectives, expectations, performance standards, Services, deliverables, schedule for delivery and other obligations.

"Work Order Contract" or "WOC" means the contract formed between Contractor and Agency by an executed work order. The executed WOC includes the Statement of Work for a specific project, method of compensation, and incorporates required and applicable provisions of the PA.

1.2 Introduction

1.2.1 Scope of Services.

The Oregon Department of Forestry ("ODF" or “Agency”) is seeking Proposals (here, an Application) to carry out Forest Tree Seedling Growing Services through a Work Order Contract (“WOC”) issued under a Price Agreement (“PA”). ODF is seeking to establish a pool of Contractors to furnish all equipment and labor to perform forest tree seedling growing services, as detailed in this RFP. The scope of the PA is forest tree seedlings grown for all State Forests, owned and managed by ODF, where seedlings are required for replanting after timber harvest. ODF may also purchase seedlings that are surplus seedling inventory from nurseries on PA. ODF may also use these PA’s to secure forest tree seedlings for private, state and other public owners of forestland, in accordance with ORS 526.235(2).

ODF expects that this RFP will result in the award of Seedling Growing Agreements to a pool of Contractors. The initial contract term shall be until December 31, 2035. The Price Agreements (PAs) are anticipated to start in June of 2025. After the initial term, PA’s may be renewed biennially (every 2 years) upon mutual agreement of the parties through written amendment, up to a maximum term of 20 years.

ODF expects to award multiple WOCs per year under PA’s. WOCs may include bareroot or container seedlings (or both).

1.2.2 Quantity of PAs Awarded.

It is anticipated that approximately ten (10) Proposer(s) will be selected for PA award from this solicitation; however, Agency, in its sole discretion, may select more or fewer Proposers based on the Proposals/Applications submitted and the results of the evaluation. ODF may use a Competitive Range process, as described in OAR 137-047-0261, to determine the number of Price Agreements that are awarded as a result of this solicitation.

1.2.3 Offer Period.

A Proposer's Proposal (Application) is a firm offer, irrevocable, valid and binding on the Proposer for not less than 120 days following the Closing Date for this RFP. Agency may request, orally or in writing that Proposer extend, in writing, the offer period.

1.2.4 WOC Assignments.

Specific projects will be assigned as needed by Agency via WOCs. If more than one contractor under a Price Agreement provides services needed by ODF, then ODF will select the contractor(s) that provides the best value for that WOC considering any or all of the following criteria:

• Site conditions, overall appearance

• Facilities: Bed Space, Freezer storage, ability to frost irrigate

• Ability to grow small lots

• Number of nurseries in company (ability to split the stock/spread the risk)

• Annual Number of seedlings grown

• Years in business

• Experience of grower(s)- Number of growers (Key Personnel)

• References

• Price

• History of meeting contract specifications in terms of size, quality, survival and quantity

• Proximity to ODF Headquarters or District/Area Offices

Initial year/2025: For the purposes of WOC assignments in 2025, any Contractors following initial awards that are listed on the Immediate WOC recipient list must then provide 2025 prices in late summer (August or September) to be considered in the 2025 WOC assignment process.

After 2025, Agency will re-evaluate contractors receiving WOC’s once a year based on these criteria. Contractors may submit pricing adjustments on a yearly basis by September 15th, each year. Pricing changes will only affect WOCs entered into after their submission on September 15th of each year. Any price increases granted shall remain firm through September 15th of the following year. No Pricing changes will affect signed WOCs.

Price and performance on WOC’s will be key in determining if contractors will be awarded future WOC’s. Agency may employ a written or oral interview process with any contractor to determine what criteria may have changed over the course of a year. This re-evaluation process will likely take place after October 15th each year, after Agency receives any pricing changes for the next year.

In awarding WOC’s, Agency may also consider the need to spread seedlings evenly amongst contractors. ODF considers it to be in the best interests of the State to reduce the risks of potential crop failure by allocating seedlings to multiple nurseries.

There is no guarantee that any specific amount of Services will be assigned or overall dollar amounts will be expended through the duration of the PA and Agency may conduct a separate solicitation for any seedling goods or services, and may make assignments to contractors under other contracts or PAs.

A WOC is considered assigned when Agency has issued notice of WOC assignment to the selected contractor. All WOC assignments are tentative until negotiations are successfully completed and all required signatures have been obtained on the WOC.

Any WOCs may be amended within the scope of the assigned project, as reasonably necessary to complete the needed Services or subsequent phases of phased-development projects. Any WOCs assigned may be amended (including after expiration of the WOC assignment period), within the scope of the assigned project, as reasonably necessary to complete the needed Services or subsequent phases of phased-development projects. Any WOC assignments must be within the scope of the Services described in this RFP. Assigned WOCs will identify a schedule for delivery, and include (or incorporate by reference) a Statement of Work with clearly defined tasks and deliverables.

1.2.5 Non-Exclusive Agreement: Multiple Price Agreements may be established for the convenience of ODF. ODF may enter into Price Agreements at its discretion. ODF makes no guarantee as to any minimum or maximum purchases under any Price Agreement. ODF reserves the right to contract for the purchase of similar Goods and Services outside of the Price Agreements, in accordance with applicable law. ODF reserves the right to enter into new Price Agreements for the purchase of similar Goods and Services, while existing Price Agreements for similar Goods and Services are still active.

1.3 Schedule.

Event Due Date

Request for Proposal Issue Date---------------------------------- March 12, 2025 Deadline for Request for Clarification, Change, or Solicitation Protests- April 11, 2025 Proposals (Applications) Due (Closing Date and Time) ------April 28, 2025 at 2:30PM (PT) Opening of Proposals----------------------------------------------- April 28, 2025 Interviews/Site Visits-------------------------------------May 1 through May 30, 2025 (estimated) Intent to Award------------------------------------------------------June 2, 2025 (estimated) Award Protest Period: ----------------------------------------------June 9, 2025 (estimated) Price Agreement Award--------------------------------------------June 10, 2025 (estimated)

This Schedule of Events is subject to change. Any changes will be made through the issuance of Written Addenda.

1.4 Single Point of Contact (SPC).

All questions, whether about the technical requirements of the RFP, contractual requirements, the procurement process, or any other aspect of the work or needed services, shall be directed only to the person listed on the first page of the RFP as the Single Point of Contact (“SPC”).

Section 2: Proposal Requirements

See Proposal Application. Proposers must return Sections 1 through 3 in order to be considered (pages 3 through 5 of this document).

Section 3: Solicitation Process

3.1 Procurement Authority and Method

ORS 530.050(4) and ORS 279A.050(6)(n) provides the Agency with the procurement authority for this RFP. The Agency is conducting this procurement using the Competitive Sealed Proposal method set forth in ORS 279B.060 and OAR 137-047-0260 and -0261.

3.2 OregonBuys

The RFP, including all Addenda and Attachments, will be posted on the OregonBuys System. Agency is not required to mail the RFP, its Addenda or Attachments. Notification of any substantive clarifications provided in response to any question will be provided and published at the OregonBuys web site below. For complete RFP documentation please go to the OregonBuys web site:

https://oregonbuys.gov/ and view Agency Opportunity number S-62900-00013110.

3.2.1 Addenda on OregonBuys.

Addenda are incorporated within the RFP and may be viewed and downloaded on OregonBuys by registered suppliers. Proposers should consult OregonBuys regularly until Closing Date and time to ensure that they have not missed any Addenda announcements.

Any oral communications shall be considered unofficial and non-binding. Proposers shall rely only on written statements issued by the SPC.

3.2.2 OregonBuys Usage.

Proposers unfamiliar with OregonBuys may contact DAS Procurement Services (DAS PS) at 1225 Ferry St. Salem, Oregon 97301; telephone (503) 378-4642.

3.2.3 OregonBuys Registration.

Proposers are responsible for ensuring that their OregonBuys registration information is current and correct. ODF accepts no responsibility for missing or incorrect information contained in the supplier’s registration information in OregonBuys.

3.3 Questions, Modifications and Protests relating to the RFP, Contractual Provisions or Specifications.

3.3.1 Submittal of Questions, Requests or Modifications.

Questions, including requests for explanations of the meaning or interpretation of provisions of the RFP, shall be submitted in writing, arrive by the date and time specified in Section 1.3, and be addressed to the attention of the SPC.

Note: This is the Proposer’s only opportunity to request any change or protest any requirement of the RFP, including but not limited to the solicitation process, proposal requirements or terms and conditions of resulting PA or WOC, if any. Proposals that take exception to the requirements of the RFP, including but not limited to the solicitation process, proposal requirements or terms and conditions of PAs or WOCs may be deemed non-responsive and may be rejected at the sole discretion of Agency.

Methods of Seeking Modifications to RFP, Contractual Provisions or Specifications.

3.3.1.1 Procedure.

The appropriate means of seeking modifications to provisions of the RFP, contractual provisions or specifications are through a written (a) request for clarification; (b) formal submittal of requests for changes to the RFP, contractual terms or specifications; or (c) formal submittal of protests of the RFP, contractual terms or specifications.

3.3.1.2 Request for Clarification.

Any Proposer requiring clarification of any provision of the RFP, contractual terms or specifications may submit to the SPC a written request for clarification. To be considered, the request for clarification shall be received by the SPC by the deadline specified in Section 1.3 or any extension made by subsequent Addenda.

3.3.1.3 Request for Changes to RFP, Contractual Terms or Specifications.

Any Proposer may submit to the SPC a written request for changes to the RFP, contractual terms or specifications. To be considered, the request for changes shall be received by the SPC by the deadline specified in Section 1.3 or any extension made by subsequent Addenda. The request shall include the reason for requested changes, supported by factual documentation, any proposed changes and shall contain all other information required by ORS 279B.405 and OAR 137-047-0730.

3.3.1.4 Protest of RFP, Contractual Terms or Specifications.

Proposers may submit to the SPC a written protest of RFP, contractual terms or specifications. To be considered, Protests shall:

3.3.1.4.1 Identify the Proposer’s name and reference the RFP number;

3.3.1.4.2 Contain evidence that supports the grounds on which the protest is based and specify the relief sought, including a statement of the proposed changes to the process or RFP provisions, requirements or terms and conditions that the Proposer believes shall remedy the conditions upon which the protest is based;

3.3.1.4.3 Be signed by the Proposer’s authorized representative (electronic signature is acceptable);

3.3.1.4.4 Be submitted to the SPC by the RFP Protest due date specified in Section 1.3; and

3.3.1.4.5 Be emailed to the SPC at the address specified on the first page of the RFP.

Agency shall not consider solicitation protests that do not meet the requirements of this Section.

Agency shall resolve all solicitation protests in accordance with OAR 137-047-0730. Agency is not responsible for the successful transmission of emailed protests. Unless the specific due date is extended by Addenda to the RFP, Agency shall not consider solicitation protests to the originally-issued RFP submitted after the RFP Protest due date specified in Section 1.3.

3.3.1.5 Method of Submitting Requests for Modification of RFP Provisions. Emails containing requests for clarification, requests for change, and protests shall be marked as follows:

Request for Clarification /Change /Protest RFP Number Closing Date

Emails shall be received by the SPC by the date and time specified in Section 1.3. This deadline may be extended only by Addendum. No requests for clarification, requests for change, or protests regarding the RFP, contractual terms or specifications shall be considered if received after the date specified in Section 1.3 or the date specified in a subsequent Addendum.

3.3.1.6 Response to Requests for Clarification or Change and Protests. Agency shall respond to each properly-submitted written request for clarification, request for change, or protest in accordance with ORS 279B.405. Where appropriate, Agency shall issue revisions and clarify RFP provisions via Addenda posted on OregonBuys. Agency may also informally respond to Proposer questions.

Informal responses, however, do not affect the provisions of the RFP. The RFP, contractual terms and specifications can only be changed via formal addenda issued by Agency.

3.4 Submission of Proposals/Applications.

Proposals shall be received by the SPC at the email address listed on the front page of the RFP no later than the Closing Date and time specified in OregonBuys and in section 1.3 of this RFP.

Proposals must be emailed to the Single Point of Contact identified in Section 1.4. ALL PROPOPALS MUST BE SUBMITTED BY EMAIL AS ONE PDF ATTACHMENT. Please include the RFP number in the subject line of the email. If Proposer is unable to submit a Proposal via email, Proposer 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 proposals or proposals 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.

Note: ODF requires the submission of email bids (electronic procurement) for this solicitation;

however, if this is not possible, Bidder shall make other arrangements for bid delivery with the Single Point of Contact as specifically described above.

Proposals must be received by the Agency before the scheduled Solicitation Document Closing date and time, found in Section 1.3 to be listed on the Immediate WOC recipient list.

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

3.5 Withdrawal of Proposals/Application.

If a Proposer wishes to withdraw a submitted Proposal, it may do so before the Closing Date and time.

The Proposer shall submit a written request to withdraw via email, signed by the Proposer (electronic signature is acceptable), on the Proposer’s letterhead, to the SPC at the address listed on the front page of the RFP, as required by OAR 137-047-0440(2). Any request to withdraw must be received by Agency before the Closing Date and time.

3.6 Opening of Proposals/Applications.

A public proposal opening will be held “by appointment only”. Proposers who wish to attend a public opening of the bid must notify the Single Point of Contact at least 48 hours prior to proposal closing, to allow time for planning. Proposals received in response to this Solicitation Document will be opened during the scheduled Closing date and time designated in the 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 (or other video conference platform), if ODF believes it is in the best interests of ODF staff and proposers to do so. If ODF decides to hold a Zoom conference for the proposal opening, proposers will be sent instructions on how to join the meeting. The Proposers who choose to attend (in-person, or via Zoom) will be informed only of the names of Proposers submitting Proposals. ODF will post the list of Proposers who submitted Proposals on OregonBuys shortly after Opening.

Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 137-047-0610.

3.7 Evaluation and Award.

The evaluation and award process is described in Section 4.

3.8 Public Information, Confidentiality, and Trade Secrets.

All Proposals are public information after the Proposals have been opened, and all protests are public information after the protest period ends. Proposals shall be opened by the SPC at the date and time listed in Section 1.3. However, pursuant to OAR 137-047-0630, copies of Proposals shall not be provided until the evaluation process has been completely closed and a Notice of Intent to Award has been issued.

Copies of public information may be requested by any person. If a Proposal contains any information that is considered by the Proposer to be trade secret under ORS 192.345(2), or to be otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.498, each sheet of such information shall be marked by the Proposer with the following legend:

"This data is exempt from disclosure under ORS 192, and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.498."

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and some exemptions from disclosure apply only "unless the public interest requires disclosure in the particular instance." Therefore, non-disclosure of documents or any portion of a document submitted as part of a Proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

Proposers are cautioned that price information submitted in response to an RFP is generally not considered a trade secret under the Oregon Public Records Law.

Agency shall take reasonable measures to hold in confidence all such labeled information, but the State shall not be liable for release of any information when required by law or court order to do so, whether pursuant to the Oregon Public Records Law or otherwise and shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

3.9 Cost of Preparing Proposals/Applications.

All costs incurred in preparing and submitting a Proposal in response to the RFP is the responsibility of the Proposer and shall not be reimbursed by Agency.

3.10 Reservation of Agency Rights.

Agency reserves all rights regarding the RFP, including, without limitation, the right to:

a) Amend, delay or cancel the RFP without liability if Agency finds it is in the best interest of the Agency to do so;

b) Reject any or all Proposals received upon finding that it is in the best interest of the Agency to do so;

c) Waive any minor informality or non-conformance with the provisions or procedures of the RFP, and seek clarification of any Proposal, if required;

d) Reject any Proposal that fails substantially to comply with all prescribed RFP procedures and requirements;

e) Negotiate a Statement of Work based on the Scope of Work described in the Work Order Contract, Attachment B of this RFP, and to negotiate separately in any manner necessary to serve the best interest of the public;

f) Amend any Contracts that are a result of the RFP;

g) Engage consultants by selection or procurement independent of the RFP process or any Contracts or agreements under it to perform the same or similar services; and

h) Award additional Price Agreement(s) after initial WOC awards are made. (However, such contractors will not be placed on the immediate WOC recipient list for 2025).

ODF may also contact additional contractors providing the same or similar services and request an application from them.

The intent of the RFP is to identify Proposals/Applications from Proposers/Applicants that have a level of specialized skill, knowledge and resources to perform the work described in the RFP.

Qualifications, performance history, expertise, knowledge and the ability to exercise sound professional judgment are primary considerations in the selection process. Agency reserves the sole right to determine the best Proposals/Applications.

3.11 Contract Form.

The apparent successful Proposers must be prepared to sign a PA that is attached to this RFP as Attachment A.

3.12 Contractual Obligation.

Agency is not obligated as a result of the submission of a Proposal to enter into a PA with any Proposer, and has no financial obligation to any Proposer arising from the RFP.

Section 4: Evaluation and Award

4.1 Evaluation Process.

Agency shall conduct an evaluation of the Proposals received in response to the RFP.

The stages of review and evaluation are as follows:

a) Determination of Responsiveness: ODF will first review all Proposals to determine Responsiveness.

Proposals that do not comply with the instructions or are incomplete may be deemed non-Responsive.

Written notice will be sent to Proposers whose Proposal is deemed non-Responsive identifying the reason.

b) Evaluation: Those Proposals determined to be Responsive will be further evaluated using site visits and in-person or remote (phone or video conference) interviews. Proposal scores will be based on interview responses and information gathered from the site visits. Proposals will then be ranked, and a competitive range determined. The competitive range will be made of Proposers whose individual scores, when viewed together, form a group of the highest ranked Proposers above a natural break in the scores. ODF reserves the right to increase or decrease the number of Proposers in the competitive range at its sole discretion. ODF reserves the right to accept all proposers if they fall within the competitive range. Revisions of proposals may be permitted after the submission of proposals and before award for the purpose of obtaining best offers or best and final offers.

4.2 Negotiations.

ODF may negotiate the following items with all eligible Proposers:

a) The statement of work; and

b) Any other terms and conditions determined by ODF in its sole discretion to be reasonably related to those expressly authorized for negotiation. Accordingly, Proposers will not submit and ODF will not accept for negotiation, any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation.

c) Prices may be negotiated on a “Best and Final Offer” basis.

4.3 Evaluation Criteria.

Points will be given in each criteria and a total score will be determined. The maximum points available for each criteria are identified below.

Evaluation Criteria:

ODF will select the Contractor(s) that provides the best value for that WOC considering any or all of the following criteria:

• Site conditions, overall appearance

• Facilities: Bed Space, Freezer storage, ability to frost irrigate

• Ability to grow small lots

• Number of nurseries in company (ability to split the stock/spread the risk)

• Annual Number of seedlings grown

• Years in business

• Experience of grower(s)- Number of growers (Key Personnel)

• References

• Price

• History of meeting contract specifications in terms of size, quality, survival and quantity

• Proximity to ODF Headquarters or District/Area Offices

While ODF may consider any or all of the criteria listed above in determining “best value”, points will be weighted as follows:

Price 30 Points Facilities 30 Points Past Performance Growing Reforestation Stock 30 Points Willingness to grow lot orders 10 Points

4.4 Evaluation of References for the Proposer’s Company.

ODF reserves the right to investigate and to consider the references and the past performance of any Proposer with respect to such things as its performance or provision of similar goods or services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. ODF further reserves the right to consider past performance, historical information and facts, whether gained from the Proposal, Proposer interviews, references, ODF or any other source in the evaluation process. ODF may postpone the award or execution of the Contract after the announcement of the notice of intent to award in order to complete its investigation.

4.5 Award Notification and Process.

4.5.1 First Selection.

Following the identification of an apparent successful pool of Proposers, Agency may elect to notify these Proposers and request a signed PA substantially in accordance with the form set forth as Attachment A.

4.5.2 Successive Selection and Rejection.

All Proposers shall be notified of the status of their Proposals by a posting on the OregonBuys system when the Intent to Award Notice is issued. If all Proposals are rejected, the evaluation committee shall notify all Proposers. No information shall be given to any Proposer (or any other individual) relative to their standing with other Proposers during the RFP process.

4.5.3 Intent-to-Award Notice.

Agency reserves the right to announce its intent to award prior to award by posting the tabulation sheet of Proposal results and Intent to Award Letter on OregonBuys or by other written notice. ("Intent to Award Notice"). The Intent to Award Notice shall serve as notice to all Proposers that Agency intends to make an award.

4.5.4 Award Protests.

A Proposer who claims to have been adversely affected or aggrieved by the selection of a competing Proposer may protest the selection by submitting a written, signed protest, within seven (7) calendar days after the Intent to Award Notice is posted on OregonBuys, via email to the SPC at the address listed on the front page of the RFP. To be adversely affected or aggrieved, a Proposer shall demonstrate that all higher ranked Proposals were ineligible for selection under ORS 279B.410(1)(a) and (b). Agency shall not consider a protest submitted after the seven-day deadline set forth above.

Protests shall be resolved according to Oregon Administrative Rules.

4.5.5 Review of Proposal Files.

Proposers may have five (5) calendar days from the date of the Intent-to-Award Notice is posted on OregonBuys within which to view the proposal files (by appointment).

4.5.6 Response to Intent-to-Award Protests.

Agency intends to respond in writing to properly-filed intent-to-award protests submitted by Proposers claiming to be adversely affected or aggrieved. Any response provided by Agency, however, is not intended to, and may not in and of itself constitute, confirmation that the Proposer is in fact adversely affected or aggrieved and therefore entitled to protest an intent to award.

4.5.7 Insurance Certification.

The apparent successful Proposers shall provide all required proofs of insurance to Agency within seven (7) calendar days from when it is notified that ODF desires to enter into a Work Order Contract (WOC). Failure to present the required documents within the seven (7) calendar-day period may result in rejection. Proposers are encouraged to consult their insurance agent(s) about the insurance requirements contained in the RFP prior to proposal submission.

4.5.8 Award.

Agency intends to proceed with the final award after seven (7) calendar days have passed from when the Intent to Award Notice was posted on OregonBuys or after all protests have been resolved, whichever date comes later. ODF will award Price Agreements to responsive and responsible Proposers who fall within the Competitive Range as determined by ODF in its sole discretion.

Agency reserves the right to award a Price Agreement that it determines, in its sole and absolute discretion, to be in the best interest of the State. Agency reserves the right to withdraw any or all items from award consideration.

(Do not submit this Sample Price Agreement with your application. This is a sample of the price agreement you will be asked to sign if your application is accepted. By submitting your application, you agree to all certifications included in this document.)

SECTION 5 –SAMPLE PRICE AGREEMENT

Price Agreement Number: _______

Forest Tree Seedling Growing Services Between the Oregon Department of Forestry (“ODF”) and __________________ (“Contractor”)

ODF hereby awards a Price Agreement to the above-named Contractor under the following terms and conditions:

The latest edition of the following documents are incorporated into this Price Agreement in their entirety by this reference. Documents are available from ODF’s Price Agreement Administrator (PAA).

• Terms and Conditions for Forest Tree Seedling Growing Services (“Terms and Conditions”), including Exhibit A, “Statement of Work”

• Sample Work Order Contract (“WOC”)

• Seedling Pricing Spreadsheet (“Pricing”)

Contractor agrees to abide by all referenced Terms and Conditions (including Section 1.7 Growing Specifications in Exhibit A, “Statement of Work”), WOCs, and Pricing, and the following certifications and affirmations:

1. By my signature on this Price Agreement I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of Contractor in this matter, and to the best of my knowledge the Contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontract and that the Contractor is not in violation of any non-discrimination laws

2. By my signature on this Price Agreement, I, hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the Contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a state tax imposed by ORS

401.792 to 401.816, ORS Chapters 118, 314, 316, 317, 318, 320, 321, 323 and the elderly rental assistance program under ORS 310.630 to 310.706, and any local taxes administered by the Department of Revenue under ORS 305.620.

3. Contractor shall use recycled and recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. By my signature on this Price Agreement, I, the undersigned duly authorized representative of the Contractor, hereby affirm that Contractor will comply with the above recycled/recyclable products provision.

4. Contractor Certification. By execution of the Contract, Contractor certifies that it has a written policy and practice that meets the requirements described in HB 3060 (2017) Oregon Laws, chapter 212, for preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class and that the Contractor shall maintain the policy and practice in force during the entire term of this Contract.

CONTRACTOR, BY EXECUTION OF THIS PRICE AGREEMENT, HEREBY ACKNOWLEDGES THAT

CONTRACTOR HAS READ THIS PRICE AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND

BY ITS TERMS AND CONDITIONS.

Price Agreement No.: ___________________

Term of Price Agreement: through December 31, 2035.

Contractor (Company) name:

Contractor representative name: Phone: Email:

Contractor Address:

Contractor representative Signature Title Date

Issued by (ODF) Title Date

Authorized Signature (ODF) Title Date

SECTION 6-

PRICE AGREEMENT FOR FOREST TREE SEEDLING GROWING

SERVICES:

TERMS AND CONDITIONS

These Terms and Conditions apply to all Price Agreements awarded. The Oregon Department of Forestry (ODF) may revise these Terms and Conditions from time to time over the term of the Price Agreements. If ODF proposes any substantive changes, all Contractors with active Price Agreements will be notified and offered an opportunity to comment on the changes. If ODF makes any changes to the Terms and Conditions of the Price Agreements, any Contractor may terminate its Price Agreement immediately, without penalty, with written notice to ODF’s Price Agreement Administrator (“PAA”) set forth below. If Contractor chooses to terminate its Price Agreement, however, such termination does not affect Contractor’s existing obligations pursuant to any Work Order Contracts (“WOCs”), which will remain in effect until any such WOC expires or terminates in accordance with its terms.

DEFINITIONS:

“Contractor” means the person or organization with whom ODF enters into a Price Agreement to provide the Goods and Services through issuance of WOCs.

“Goods” means the forest tree seedlings Contractor agrees to provide to ODF according to the terms and conditions in this document, at the prices submitted by Contractor and listed on a pricing spreadsheet compiled by ODF.

“Price Agreement” means the agreement between the Contractor and ODF under which the Contractor agrees to hold prices, terms, and conditions firm for a specified period of time for the benefit of ODF.

“Price Agreement Administrator” or “PAA” means the ODF representative performing administrative functions relating to the Price Agreements.

“Services” means the forest tree seedling growing services that Contractor is required to perform under the Work Order Contracts in accordance with the terms and conditions in this document, at the prices submitted by Contractor and listed on a pricing spreadsheet compiled by ODF.

“State” means the State of Oregon. Alternatively, “ODF” or “Agency” may be used.

“Work Order Contract” or “WOC” means the contract formed between Contractor and Agency by a work order. Specific Services for particular projects will be described in the Work Order Contracts.

1. NON-EXCLUSIVE AGREEMENT; NO GUARANTEE: Multiple Price Agreements may be established for the convenience of ODF. Seedlings may be purchased through any active Price Agreement. ODF makes no guarantee as to any minimum or maximum purchases under this Price Agreement. ODF reserves the right to contract for the purchase of similar Goods and Services outside of the Price Agreement, in accordance with applicable law. ODF reserves the right to enter into new Price Agreements for the purchase of similar Goods and Services, while existing Price Agreements for similar Goods and Services are still active.

2. WORK ORDER CONTRACTS (WOCs): ODF will place orders on an as-needed basis over the life of the Price Agreements by issuing WOCs. Only the items listed on the pricing spreadsheet may be purchased under WOCs governed by Price Agreements. ODF may request additional items on the pricing spreadsheet and Contractor may add items to the pricing spreadsheet. WOCs issued under a Price Agreement incorporates and is subject to all of the Terms and Conditions set forth herein.

3. WOC ASSIGNMENT REQUIRED; PROCESS: No work may be conducted under a WOC until ODF has issued a WOC to Contractor, and Contractor has returned a signed WOC to ODF. Contractor understands and agrees that WOCs are issued consistent with the entirety of RFP section 1.2.4, including but not limited to the process whereby ODF will evaluate and select the Contractor(s) that provides the best value for that WOC considering any or all of the following criteria:

• Site conditions, overall appearance

• Facilities: Bed Space, Freezer storage, ability to frost irrigate

• Ability to grow small lots

• Number of nurseries in company (ability to split the stock/spread the risk)

• Annual Number of seedlings grown

•…