RFP 24-002-PSC Cultural Resource Studies – Carmen-Smith

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Cultural Resource Studies and Technical Support for Carmen-Smith Hydroelectric Project

A&E

RFP No.: 24-002-PSC Closing Date: February 1, 2024 Time: 2:00 PM PT

Description: Cultural resource consulting services for various capital improvement projects and resource management programs at the Carmen-Smith Hydroelectric Project, Oregon.

Purchasing Contact: Tim Rogers (541) 685-7109 tim.rogers@eweb.org

Pre-Proposal Conference: NO This is a COMPETITIVE SEALED PROCUREMENT. ELECTRONIC PROPOSALS ARE ENCOURAGED ON OREGONBUYS.

SEALED PROPOSALS will be received until the closing date and time noted above, either electronically on the OregonBuys website, or to the EWEB PURCHASING OFFICE at:

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted electronically on the OregonBuys website, via a Commercial Carrier such as UPS or FedEx, or if in-person by appointment with the Purchasing Contact.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Request for Proposal process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above, unless otherwise stated.

Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Contact listed above. EWEB’s official response to any questions or requests will be in writing on the OregonBuys website, through direct letters, or the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Proposers”

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Proposers 4

2 Statement of Services 10

3 Minimum Qualifications and Requirements 14

4 Evaluation Process & Proposer Selection 16

5 Evaluation Criteria 21

6 Proposal Form 23

ATTACHMENTS

C Sustainability Questionnaire 27

EXHIBITS

Sample Contract with Exhibit A Non-Disclosure Agreement

LEGAL ADVERTISEMENT

RFP #24-002-PSC

CULTURAL RESOURCE STUDIES AND TECHNICAL SUPPORT FOR CARMEN-SMITH HYDROELECTRIC PROJECT

The Eugene Water & Electric Board (EWEB) requests proposals from engineering consulting firms interested in providing cultural resource services for various capital improvement projects at the Carmen-Smith Hydroelectric Project on the McKenzie River in Linn and Lane Counties, Oregon.

Proposals shall be submitted on the State of Oregon – OregonBuys website (https://oregonbuys.gov/bso/), or to Tim Rogers, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before 2:00 PM PT on Thursday, February 1, 2024. Proposals will not be accepted after this hour and date.

RFP documents may be obtained by downloading the RFP documents from the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/. (Search for bid # 24-002-PSC. For navigation help, please call 1-855-800-5046.)

All proposals shall be submitted as set forth in Section 1 - Instructions to Proposers. EWEB is not responsible for proposals submitted in any manner, format or to any delivery point other than as required by the Solicitation Document.

No proposal may be withdrawn after the hour set for the opening thereof until the elapse of thirty (30) days from the date and time set for opening.

EWEB reserves the right to waive any or all informalities and irregularities (EWEB Rule 3-0470); may cancel the Request for Proposals; and may reject any or all proposals pursuant to EWEB Rule 3-0640.

Date: January 2, 2024

Tim Rogers, Purchasing Contact https://oregonbuys.gov/bso/

1. INSTRUCTIONS TO PROPOSERS

All proposals and contracts are subject to the provisions and requirements of the Oregon Revised Statutes 279A and 279B and EWEB Public Contracting Rules Divisions 1, 2, 3 and 6.

INFORMATION OF RECORD

The official source of information for this project until the Intent to Award is posted is located at the State of Oregon's bid site, located at: https://oregonbuys.gov/bso/. IT IS THE SOLE RESPONSIBILITY OF THE PROPOSER TO CHECK THE

WEBSITE ON A TIMELY BASIS.

1.1 PROPOSAL FORMAT

Proposals shall be typewritten or prepared in ink and shall be submitted per Section 1.10 below.

EWEB’S environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, EWEB encourages the Proposer to submit their response electronically via the OregonBuys website, or by using materials (i.e. paper, dividers, brochures, supplemental information, etc.)

that contain postconsumer recycled content, are readily recyclable, and to avoid use of binders, PVC and plastic.

Proposers are responsible for all costs they may incur in connection with submitting a Proposal.

1.2 OREGONBUYS ELECTRONIC RESPONSE

In order to submit an electronic proposal on the OregonBuys website, Proposer must be registered with OregonBuys and able to submit an electronic proposal.

If you experience any issues registering, please contact OregonBuys at:

Phone: 1-855-800-5046 Email: support.oregonbuys@das.oregon.gov

If Proposer elects to submit proposal electronically, Proposer should follow the procedures outlined in https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf for electronic submission.

A video presentation on submitting an electronic proposal may be found at: Supplier - Submitting a Quote - Overview (periscopeholdings.com)

Terminology specific to the OregonBuys system may be found at:

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

The Pricing Proposal will not be submitted via the OregonBuys website, and must be submitted to the Purchasing

Contact within 24-hours of request.

1.3 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments shall be submitted with the proposal and in the required format.

1.4 QUESTIONS/REQUESTS FOR CLARIFICATION

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the Purchasing Contact listed above via an OregonBuys submission, email, or hard copy;

• Reference the bid number ;

• Identify Proposer’s name and contact information;

mailto:support.oregonbuys@das.oregon.gov https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

• Refer to the specific area of the RFP being questioned (i.e., page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section

1.19.

1.5 PROTEST OF SPECIFICATIONS / REQUIREMENTS

A Proposer who believes that the procurement process is contrary to law, or that the solicitation is unnecessarily restrictive in that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of EWEB, or that the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or that the solicitation improperly specifies a brand name as defined in ORS 279B.200, may submit a protest, via email, to tim.rogers@eweb.org. Insert the following in the subject header:

RFP SPECIFICATION PROTEST, RFP #24-002-PSC

To be considered, protests shall be received no less than 5 business days before close (EW-3-0700(2)).

Protest of specifications shall include the reason for protest, any and all evidence and documented factual information that supports Proposer’s protest, and any proposed changes to the requirements. The EWEB Purchasing department shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via Addenda to all Proposers. Proposers must exhaust all administrative remedies before seeking judicial review.

1.6 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b)

Proposers may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions in the Sample Contract (Exhibit 1), or the Scope of Work included in this RFP document. Proposers may not protest or request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

Terms included with Proposer’s proposal documents, or in OregonBuys, will not be considered unless they are listed in the Cover Letter as requested terms to negotiate.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL TERMS AND CONDITIONS MAY BE MADE AT TIME OF PROPOSAL SUBMISSION. THERE MAY BE NO OPPORTUNITY TO DO SO AT A LATER DATE.

NO PROPOSED TERMS OR CONDITIONS SHALL BECOME A PART OF THE AWARDED CONTRACT UNLESS ACCEPTED BY

EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.7 SIGNATURE ON PROPOSAL

Proposals shall be signed by an authorized representative of the Proposer. Signature on a proposal certifies that the proposal is made without connection with any person, firm or corporation making a proposal for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a proposal also certifies that the Proposer has read, fully understands and agrees with all solicitation requirements, terms and conditions. No consideration will be given to any claim resulting from proposing without fully comprehending all requirements of the Request for Proposals.

Proposers shall only enter information within the proposal document where it is requested or required. Proposers shall NOT make any alterations to the original solicitation document. Any proposal that has been altered may be rejected.

1.8 CANCELLATION, REJECTION, DELAY OF RFP

Pursuant to Rule 3-0640, EWEB may cancel, reject in whole or in any part any proposals, if EWEB determines it is in the best interest of EWEB to do so.

mailto:tim.rogers@eweb.org

1.9 RESERVED

1.10 PROPOSAL SUBMISSION

Proposer is solely responsible for ensuring its Proposal is received by the Purchasing Contact in accordance with the RFP requirements before Closing. EWEB is not responsible for any delays by transmission errors or interruptions, or for any mis-delivery for any reason. Proposals received after the closing date and time will not be considered and will be rejected. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

(a) Electronically via Oregon Buys. See Section 1.2 for instructions on how to submit an electronic proposal.

(b) If Electronic Submission on the OregonBuys website is not used, Sealed proposals containing a minimum of one

(1) original signed proposal response, including any Addenda to be acknowledged, and one (1) electronic copy WITHOUT pricing proposal/information (one combined pdf on a flash drive), shall be received and date/time-stamped by the EWEB Purchasing department prior to RFP closing. To ensure that your proposal receives priority treatment within our mailing system, it should be labeled with the following information:

RFP #24-002-PSC, THURSDAY, FEBRUARY 1, 2024, 2:00 PM PT

Eugene Water & Electric Board/Purchasing 4200 Roosevelt Blvd.

Eugene, OR 97402

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted via a Commercial Carrier such as UPS or FedEx, or in person by appointment with the Purchasing Contact.

(c) REQUIRED PROPOSAL PACKAGE Complete, sign, and return the following documents as proposal response. Failing to include these documents could lead to rejection of proposal.

• Cover Sheet, with:

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation and the Sample Contract (Exhibit 1). Statement may also include request for negotiation of proposed terms and conditions as allowed per Section 1.6.

Termination for Default: Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of Proposer’s past performance.

• Proposal Form (Section 6)

• Response to Minimum Requirements (Section 3)

• Response to All Evaluation Criteria (Section 5)

• Attachment C – Sustainability Questionnaire

• All Addenda Acknowledged

• Non-Disclosure Form

• Important Note re Pricing – DO NOT submit pricing proposal with your submission. All Proposers should be prepared to submit their pricing within 24 hours of final shortlist notification.

Below Requirements are for Proposals Not Submitted Using the OregonBuys Website:

• Flash Drive Copy, as detailed in Section 1.10(b) (Do NOT include pricing as a separate file in flash drive copy.)

• If submitting a hard copy proposal, please ensure you provide the original document(s), and a flash drive copy as detailed in Section 1.10(c).

(d) RESPONSIVENESS / RESPONSIBILTIY A “Responsive” proposal is a proposal that substantially complies with the Request for Proposals instructions and requirements.

A “Responsible” Proposer can demonstrate ability to meet the requirements of the Scope of Work, has the appropriate experience, is legally qualified to do the Work, has the required certifications required, has a satisfactory record of integrity and can meet the other requirements described in

ORS 279B.110(2).

1.11 ADDENDA

Any VERBAL communication cannot and shall not be construed as approval of the acceptability of any deviation to any requirement. All changes to requirements and/or the solicitation documents will be made in the form of Addenda.

The Proposer is responsible for ensuring that all Addenda have been downloaded and are acknowledged in their RFP Response. Proposer may sign each issued Addendum and include with response or acknowledge in the space provided on the Proposal Form.

All Addenda can be obtained electronically at the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/. As a courtesy, EWEB will send Addenda to registered Proposers via e-mail.

1.12 PROPOSAL MODIFICATION

- If Submitting Electronically Through OregonBuys:

If a Proposer wished to withdraw or make modifications to a submitted Proposal, Proposer must do so through

OregonBuys, using the “Withdraw Quote” button prior to the Proposal Due Date and Time stated on the Cover Page for this RFP.

- If NOT Submitting Electronically Through OregonBuys:

Modifications or erasures made before proposal submission shall be initialed by the person signing the proposal.

Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers may not modify proposals after RFP closing date and time.

1.13 PROPOSAL WITHDRAWALS: Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the EWEB Purchasing Office prior to RFP closing time. Proposals may also be withdrawn in person before RFP closing time upon presentation of appropriate identification.

1.14 PROPOSAL OPENING: Unless otherwise provided by Law or Rule, proposals received in response to this Request for

Proposals shall be opened at the scheduled closing date and time at the EWEB Purchasing department located at 4200

Roosevelt Blvd, Eugene, Oregon 97402. Proposal submittal information will be posted on OregonBuys, and will contain the names of Proposers submitting proposals. No other information shall be available at that time. Award decisions will NOT be made at the opening.

1.15 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.5 PROTEST OF

SPECIFICATIONS / REQUIREMENTS. Exceptions submitted with your proposal, or in any manner other than the process provided herein, may cause your proposal to be ruled non-Responsive and rejected.

1.16 ALTERNATE PROPOSALS

Proposers may submit more than one proposal. All proposals must comply with the requirements of the RFP except that additional proposals may incorporate, by reference, repetitive information which is provided in the complete proposal.

1.17 PROPRIETARY DATA/PUBLIC RECORD

This Request for Proposal, together with copies of all documents pertaining to the award of a contract, shall be kept by EWEB and made a part of a file or record which shall be open to public inspection. If a proposal contains any information that is considered a trade secret under ORS 192.345(2), each sheet of such information shall be marked with the following legend:

"This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192."

The Oregon Public Records Law exempts from disclosures only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance" ORS 192.345(2).

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.

The above restriction may not include cost or price information, which shall be open to public inspection.

1.18 RESERVED

INSTRUCTIONS TO PROPOSERS CONTINUED ON NEXT PAGE:

1.19 SCHEDULE OF EVENTS

The schedule of events set out herein represent Eugene Water & Electric Board’s best estimate of the schedule that will be followed.

Request for Proposal released January 2, 2024

Last Date for EWEB to receive Protest of Requirements/Specifications January 9, 2024

Last day for EWEB to receive questions from Proposers January 23, 2024

Last day EWEB will post Addenda January 26, 2024

Closing date (last day to submit proposals to EWEB) February 1, 2024

Responses evaluated February 1 – 7, 2024

Pricing evaluated February 8, 2024

Intent to Award announcement February 12, 2024

Board approval March 5, 2024

Contract award March 6 - 8, 2024

2. STATEMENT OF SERVICES

2.1 BACKGROUND /OBJECTIVES

EWEB owns and operates the Carmen-Smith Hydroelectric Project (Project) on the McKenzie River in Linn and Lane Counties, Oregon, located approximately 70 miles east of the Eugene/Springfield metropolitan area. The Project consists of three separate developments (Carmen Diversion Dam, Smith Dam, and Trail Bridge Dam, which includes the Carmen Power Plant and Trail Bridge Power Plant), and a 19-mile long transmission line. The Project’s affected project area (APE) contains a number of archaeological sites and built resources considered eligible for listing in the National Register of Historic Places.

EWEB operates the Project under a license from the Federal Energy Regulatory Commission (FERC) on National Forest System Lands administered by the U.S.D.A. Forest Service. The original license, issued in 1958, is due for renewal, and EWEB has applied to FERC for a new license covering the next 50 years. In developing its relicensing application, EWEB entered into a settlement agreement with 16 stakeholder groups, including the Forest Service and three Tribes. The 2016 Carmen-Smith Settlement Agreement contains a Historic Properties Management Plan (HPMP) that provides for the identification, protection, and monitoring of archaeological resources. The Carmen- Smith Manual for Built Resources provides guidelines for protecting built resources in the APE. As Project facilities are operated, maintained, and constructed over the term of the FERC license, EWEB will need to address cultural resources in accordance with these plans.

The Project APE was previously surveyed in 2006 in preparation for the FERC license application (Archaeological Investigations for the Eugene Water and Electric Board, Carmen-smith Hydroelectric Project, Heritage Research Associates Report No. 290, April 2006). Although the area has been initially surveyed, the HPMP requires additional surveys of specific areas, periodic monitoring of sites, and consultation with a qualified archaeologist and historic preservation specialist regarding certain potential Project impacts.

Background materials available for review: Related reference materials are available online and described as follows:

a) The Project’s Historic Properties Management Plan (Exhibit F of the 2016 Carmen-Smith Hydroelectric Project

Settlement Agreement) includes the Manual for Built Resources, and further describes the requirements for cultural resource protection at the Project.

b) The 2016 Carmen-Smith Settlement Agreement and its exhibits contain background information about facilities improvements, maintenance activities, and other programs anticipated to be completed under the FERC license, that may affect actions related to cultural resource protection.

These documents are available upon receipt of EWEB's non-disclosure agreement (Exhibit 2). Please forward to Purchasing Analyst and the documents will be forwarded from there.

EWEB is seeking a qualified firm to provide technical consulting services that support protection of cultural resources as required in the Carmen-Smith Historic Properties Management Plan (HPMP), Manual for Built Resources, and FERC license for the Project.

a) The selected consultant will work closely with EWEB to identify potential impacts of construction, maintenance and operations activities on cultural resources, to develop and implement mitigation measures for protecting cultural resources, and to meet monitoring, consulting, and reporting requirements of the FERC license. The consultant will also provide technical advice on the development of other programs included in the Settlement Agreement and FERC license that require coordination with cultural resources protection goals. The selected consultant will demonstrate familiarity with the requirements and planned facilities described in the 2016 Carmen-Smith Settlement Agreement as those affect cultural resources.

b) As provided in the HPMP, cultural resource studies and recommendations will be developed in consultation with the Forest Service, the Carmen-Smith HPMP Work Group, and the Oregon State Historic Preservation Office. The selected consultant will demonstrate the ability to communicate effectively with staff, contractors, agencies, Tribes, and other stakeholders.

c) Over the next several years, there will be a relatively high volume of construction activity at the Project, as a number of new facilities will be constructed, such as new fish passage facilities, recreation area upgrades, transmission corridor changes, and other improvements. The successful consultant will demonstrate the ability to provide field support, documentation and recommendations in a timely manner for multiple, concurrent projects.

2.2 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start from approximately May 9, 2024, and will last until June 30, 2029.

2.3 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Consultant’s business location and the Carmen-Smith Hydroelectric Project, located on the McKenzie River in Linn and Lane Counties, Oregon and operated by EWEB.

EWEB WILL NOT provide workspace for the Consultant. The Consultant must provide its own workspace.

2.4 ENGINEERS ESTIMATE

The EWEB estimate for this project is $400,000.00.

2.5 SCOPE OF WORK

a. General

Consultant performance is based on deliverable products and outcomes (“Deliverables”). The selected Proposer and EWEB will negotiate the final description of work tasks and Deliverables, within the scope of what is advertised here, for inclusion in the Contract.

b. SCOPE OF WORK The scope of work and associated tasks are intended to cover a variety of cultural resource studies that will be needed over the next few years, generally 2024 through 2029, in order to implement the requirements of the new FERC license for the Project. FERC issued the new license in 2019. However, this scope of work is not intended to limit the services to be provided in this contract. The scope of work may be amended after the 2024, 5-year review, to address any new requirements prescribed by FERC and not included in the current Carmen-Smith Historic Properties Management Plan (HPMP). The HPMP provides additional information on the projects and actions for which cultural resource studies will be required.

Specific work efforts will be initiated through Work Order Contracts that identify scope, cost and schedule.

SCOPE OF WORK CONTINUED ON NEXT PAGE:

TASKS

Task 1: Cultural resource studies and assessments (80%). Conduct cultural resource studies and assessments and prepare reports related to archaeological resources and built resources within the Project’s affected project area (APE) including:

• Archaeological surveys, field investigations, and research to identify cultural resources; evaluation of archaeological resources for significance and NRHP eligibility; and evaluation of potential Project effects, and recommendations on treatment measures for resource protection; Archeological surveys of the revised project boundary (as submitted to FERC in exhibit G 2022) including the expanded T-line corridor, private conservation easements, and the designated portion of the Leaburg Forest;

Investigations of unevaluated sites identified during 2021 project reach surveys; Evaluation of potential fire impacts to protected sites and recommendations for future protections;

• Recommendations on interpretation and implementation of the HPMP as it applies to proposed projects at Carmen-Smith; Assistance preparation of the 5-year review of the HPMP;

• Historic preservation assessments related to potential impacts to built resources, and recommendations on protection measures for built resources;

• Recommendations on interpretation and implementation of the Manual for Built Resources (Appendix

A of the HPMP) as it applies to proposed projects at Carmen-Smith;

• Obtaining required agency permits for field work and collection (ie. ARPA);

• Development of monitoring protocols for archaeological sites consistent with Forest Service standards; collecting additional baseline data for use in monitoring sites; and conducting periodic monitoring of archaeological resources as required in the HPMP;

• On-site construction monitoring and post-construction surveys as needed; Tracking of construction monitoring needs as assigned;

• Recommendations regarding compliance with statues and regulations related to cultural resources, utility and federal policies and guidelines, Tribal policies and guidance.

• Develop and update Cultural/Historic protections Database including confidential and redacted geo-referenced protections maps compatible with EWEB GIS systems.

Task 2: Agency consultation support (5%). Participate as needed in Section 106 consultations with EWEB, the Forest Service, State Historic Preservation Office, and Tribes. This task includes:

• Preparation of cultural resource assessments and recommendations as needed to support compliance with Forest Service and FERC requirements for Section 106 consultations, consistent with the HPMP;

• Participation in meetings and on-site consultations with EWEB, agencies and Tribes during Section 106 consultations, as needed.

Task 3: Additional program support (5%). Provide recommendations on, and participate as needed in other

EWEB plans and programs described in the 2016 Carmen-Smith Settlement Agreement that affect cultural resources. This task includes, but is not limited to:

• Assisting staff in the development of presentation materials for an EWEB employee awareness training program, and interpretive and educational programs related to cultural resources;

• Participation in meetings with EWEB staff and EWEB contractors as needed to present basic concepts and best management practices related to cultural resources protection;

• Assisting in the development of protocols and best management practices related to unanticipated discoveries , emergency actions, and vandalism prevention.

Task 4: Additional Section 106 compliance support (5-10%). Provide archaeological surveys, recommendations and reports related to protection of cultural resources in the event of unanticipated finds and emergency actions, and as needed, including:

• Providing emergency response support and recommendations on mitigation measures as needed during emergency events;

• Preparation and implementation of data recovery plans if determined necessary.

Deliverables: Deliverables will vary depending on the project and will be identified through a Work Order Contract for the particular project. In general, deliverables will consist of written reports, geo-referenced maps, field data sheets, required Oregon SHPO forms and agency permits, written monitoring reports and post-disturbance evaluations, data recovery plan and reports meeting federal ACHP standards, guidelines on best management practices, comments on drafts of EWEB training and interpretation materials, and occasional presentations to EWEB staff and contractors.

All work shall meet the standards outlined in National Park Service Standards and Guidelines issued at 48 Federal Register 44,716, September 29, 1983; 2) other applicable state and federal laws pertaining to cultural resource surveys and protection measures; and 3) requirements for investigations and reporting outlined in the Carmen- Smith Historic Properties Management Plan (Exhibit F of the 2016 Carmen-Smith Settlement Agreement).

3. MINIMUM REQUIREMENTS (PASS/FAIL)

Following are the “Minimum Requirements” that shall be met by all Proposers. Response to this section will be considered on a pass or fail basis. Response to each and all requirements must pass before a proposal will be reviewed and scored by the evaluation team.

Proposers shall respond to each of the Minimum Requirements in writing in a brief and concise manner. (See Submittal section following.) EWEB does not pre-qualify Proposers; your proposal must show that your firm meets the requirements.

EWEB will attempt to answer questions or clarify the requirements if needed.

1. Proposer must have been in business providing consulting services for projects similar in scope and nature to the requirements specified in Section 2 - Scope of Work, continuously for at least 5 years. Proposer will provide client references for at least 3 of these contracts within the last 5 years.

2. Proposer must demonstrate access to professional and credentialed staff with the following qualifications:

- At least 8-years of experience in the field of Archaeology;

- At least 5-years of experience in Archaeological field investigations;

- At least 8-years of experience in historic preservation, or a combination of 5-years’ experience of historic preservation in related fields, such as history or architecture;

- Dedicated GIS specialist with at least 5-years of experience developing and maintaining database materials and producing varied geo-referenced mapping of protection zones for project management needs; and

- Internal review team for survey and reporting of required deliverables.

3. Sub-Consultants - Proposer must also provide background information of any proposed key sub-consultants under this Contract, if awarded, including city/state of office location, a description of at least 3 projects that sub-consultant worked on with Proposer in the last 5-years, and 3 client references.

4. Proposer should not have had a contract terminated for default or breach in the last 5 years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of Proposer’s past performance.

Submittal for Minimum Requirements

Please provide the following information in a separate file labeled “Minimum Requirements”.

1. Company Information

a. Indicate whether Proposer is a sole proprietor, partnership, LLC, corporation or other (specify).

b. Indicate how many years Proposer has continuously been in business.

c. Indicate the number of years Proposer has had experience providing consulting services comparable to that required by the Contract documents.

2. Resumes and certifications of all key personnel to be involved with the resulting work.

3. Client References - Proposer shall provide references for 3 clients ordering consulting services in the past 10 years similar in nature to the requirements specified and required for this proposal, EWEB references may also be submitted but please list in addition to the other 3 projects. For each client reference, the following information shall be provided:

a. Name of client

b. Description of services furnished

c. Order due date & actual completion date

d. Original contracted cost and actual cost at time of Final Completion

e. Client contact person who can attest for Proposer’s performance, including email address, telephone number, and city/state located in. (This person should be notified by Proposer that EWEB may contact him/her for purposes of checking references.)

4. Sub-Consultants - Provide names of any proposed key sub-consultants under this Contract, if awarded, city/state of office location, and describe at least 3 projects that sub-consultant worked on with Proposer in the last 5 years. For each project, provide references with the same information (a through e) required in item 3 above.

4. EVALUATION PROCESS & PROPOSER SELECTION

EWEB intends to use a Qualifications Based Selection (QBS) process appropriate for A&E projects. A Multi-Step Evaluation Process will be used to determine scores and final rankings. The following is a high-level view of the process:

STEP ONE: Minimum Requirements responses will be reviewed for a Pass / No Pass assessment. Proposals that earn a Pass assessment will move forward to Step Two.

STEP TWO: Written proposals are evaluated, and preliminary scores are ascertained. Up to 3 of the most qualified Proposers will be included on the shortlist and interviews / presentations may be utilized. (These are optional to EWEB.)

Pricing will NOT be evaluated during this step.

STEP THREE: At the completion of Step Two, EWEB will release scoring and rankings of the qualified Proposers. Proposers may elect to withdraw from further consideration at this point. Pricing information for all remaining candidates will be reviewed and added to the final scores and a Finalist will be selected for negotiation of a contract.

The total possible number of points are as follows:

Criteria Possible Points

Step One - Minimum Requirements Pass / No Pass only

Step Two - Qualifications Each Sub-total Project Approach 50 Team Experience & References 35 85

Step Three - Pricing 15

TOTAL POSSIBLE POINTS 100

4.1 Review and Acknowledgment of Defective Proposals

Due to limited resources, EWEB generally will not completely review or analyze proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will EWEB generally investigate the references or qualifications of such proposals. Therefore, EWEB will not acknowledge whether or not an unsuccessful proposal was complete, Responsive, Responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are established and required by Oregon law and EWEB adopted rules.

Proposers are advised to strictly follow the process, procedures, and requirements as set forth in the RFP documents and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

4.2 Right of Rejection

Proposers must comply with all of the terms of the RFP, EWEB Rules, and all applicable local, state, and federal laws, administrative rules, and regulations. The Purchasing Contact may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Proposers may not make stipulations or restrict the rights of EWEB. If a Proposer does so, the Purchasing Contact may determine the proposal to be a non-Responsive counteroffer and the proposal may be rejected.

The Purchasing Contact may waive minor informalities that:

• do not affect Responsiveness

• are merely a matter of form or format

• do not change the relative standing or otherwise prejudice other offers

• do not change the meaning or scope of the RFQ/RFP

• are trivial, negligible, or immaterial in nature

• do not reflect a material change in the work

• do not constitute a substantial reservation against a requirement or provision

EWEB reserves the right to refrain from making an award if it determines that to be in its best interest.

A proposal from a debarred or suspended Proposer shall be rejected.

4.3 References

EWEB reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers.

EWEB reserves the right to check any and all sources for information and to include sources other than the references provided in the Proposer's proposal. EWEB may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents, including past experience EWEB has had with the Proposer.

4.4 Responsibility

EWEB reserves the right to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Proposer’s responsibility for performing the Contract, as defined in Rule 3-0500. Submission of a signed proposal shall constitute approval for EWEB to obtain any information EWEB deems necessary to conduct the evaluation. EWEB reserves the right to request additional information or documentation from the successful Proposer prior to award of a contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in the rescission of EWEB's Intent to Award.

EWEB may postpone the award of the Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

4.5 Clarification of Response

EWEB reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. All requests for clarification and responses shall be in writing.

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of that Proposer’s Proposal.

EVALUATION PROCESS & PROPOSER SELECTION CONTINUED ON NEXT PAGE:

4.6 Evaluation Process

STEP ONE

Proposer responses to Minimum Requirements (Section 3) will be reviewed and evaluated on a Pass/No Pass basis.

Those proposals that Pass will move forward for a review of written responses.

STEP TWO

Qualifications

Proposals will be evaluated and shortlisted for up to 3 Proposers or at a natural break in scoring. Proposals will be ranked from highest score to lowest. EWEB reserves the right to conduct interviews to further refine scores or to move forward to Step Three at this point.

Interviews / Presentations

In Step Two, the outcome of the written proposal evaluations may result in placement on a shortlist of finalists. EWEB may invite up to three (3) of the highest-ranked firms to interview / present. Each Proposer’s representatives, as identified by EWEB, shall be prepared to attend the interview within five (5) business days of notification by EWEB, and shall be provided with information regarding what to prepare for.

The points awarded for the written proposals will be re-evaluated in light of interview responses and scores may be revised and updated.

STEP THREE

Pricing Evaluated

Upon completion of the written evaluation and any optional interviews, EWEB will begin Step 3 and will forward a Shortlist Notification to all participating Proposers, stating the evaluation scores and rank for each shortlisted Proposer. At this point in the RFP process, any of the shortlisted Proposers will be permitted to withdraw from the solicitation process and consideration for award.

EWEB will request a pricing proposal for the scope of work related to the project. PROPOSERS SHOULD BE PREPARED

TO EMAIL PRICING PROPOSALS TO THE PURCHASING CONTACT WITHIN 24 HOURS.

4.7 Notice of Intent to Award

After the completion of the evaluation and rankings, the Purchasing Contact will issue a written notice of Intent to

Award and send copies to all shortlisted Proposers. The notice will set out the names and ranks of the Proposers and identify the highest ranked Proposer selected for award (“Finalist”).

4.8 Contract Negotiation

EWEB will begin negotiating a Contract with the Finalist and will direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The Contract price as it is affected by negotiating the Statement of Work; and

c) Any other terms and conditions reasonably related to those expressly authorized for negotiation in Section 1.4 of this Request for Proposal.

A sample contract (Exhibit 1) is attached for Proposer reference.

At any time during discussions or negotiations, EWEB may terminate such discussions or negotiations with the highest-ranked Proposer if it reasonably believes that:

a) The Proposer is not discussing or negotiating in good faith; or

b) Further discussions or negotiations with the Finalist will not result in the parties agreeing to the terms and conditions of a final Contract in a timely manner.

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest ranked Proposer (the new “Finalist”) and continue the process until EWEB has determined to award the Contract to the Proposer with whom it is currently discussing or negotiating. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may reject all proposals and cancel the RFP. Nothing in the rule precludes EWEB from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

4.9 Proposer Selection

The firm with the highest total score as a result of written proposal/pricing scoring will be awarded the Contract.

4.10 Ties Among Proposers

Pursuant to Rule 4-0230, If determines after the ranking of potential firms, that two or more of them are equally qualified, EWEB may select a candidate through any process that the utility believes will result in the best value for EWEB taking into account the scope, complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of EWEB and Proposers and shall protect the integrity of the Public contracting process.

As part of the procedure for choosing between two or more equally qualified candidates, EWEB may follow the procedure set forth in Rule 3-0300, (Preferences for Oregon Goods and Services; Nonresident bidders to select the firm) and may choose to give a reference to a local potential firm.

4.11 Protests and Judicial Review of Competitive Bidding and Proposals

Pursuant to Rule 3-0740, a bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if the bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and the reason for the protest is that all higher ranked proposals are Non-Responsive; EWEB has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials; EWEB has abused its discretion in rejecting the protestor's proposal or proposal as Non-Responsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules. The protest process may not be used to protest non-inclusion in the Competitive Range.

Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures will not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers.

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract.

EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the

EWEB Purchasing Contact listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

c) Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered.

Protests based on procedural matters will not be considered.

d) EWEB’s Purchasing Supervisor will review the protest and will email or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email or postal address provided in Proposer’s proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the

Purchasing Supervisor’s determination (response) by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Supervisor’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall email or mail, the protesting party a written response within three (3) business days of receipt of written appeal to the email/postal address provided in Proposer’s RFP response,

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the

Purchasing Supervisor and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

i) An adversely affected or aggrieved Proposer must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Consultant selection or Contract award decision.

5. EVALUATION CRITERIA

Instructions - Include in your proposal package a response to the following questions, listing the question first and the response directly beneath. Failure to respond to one or more questions could lower total score or cause the response to be deemed Non-Responsive and rejected.

5.1 Project Approach (50 points possible)

Demonstrate Proposer’s ability to clearly define the desired action to be taken and to perform the…