246-25 RFP for Luck Creek Flat Stage 0 Design Complete.pdf

FORMAL

REQUEST FOR PROPOSALS

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design

By the STATE OF OREGON acting by and through its

DEPARTMENT OF FISH AND WILDLIFE

OREGONBUYS RFP #: S-63500-00015701

Issuance Date: January 7, 2026

PROPOSALS DUE: February 18, 2026 NOT LATER THAN 2:00 PM PST (or as updated in OregonBuys)

LATE PROPOSALS WILL NOT BE ACCEPTED

Single Point of Contact: Jake Howard

Address: 4034 Fairview Industrial Drive SE

City, State, Zip: Salem, Oregon 97302

Phone (voice): 971-600-4697

E-mail: jake.e.howard@odfw.oregon.gov

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

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

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25 OregonBuys #: S-63500-00015701

TABLE OF CONTNTS

1.00 GENERAL INFORMATION

1.01 INTRODUCTION AND PUBLIC NOTICE

1.02 OREGONBUYS

1.03 OBTAINING RFP DOCUMENTS

1.04 RFP ATTACHMENTS

1.05 SOLICITATION SCHEDULE

1.06 PREPROPOSAL CONFERENCE

1.07 SINGLE POINT OF CONTACT (“SPC”)

1.08 STATEMENT OF DEI VALUES

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 PROCUREMENT AUTHORITY

2.02 APPLICABLE LAW

2.03 PROCUREMENT METHOD – PROFESSIONAL SERVICES

2.04 DEFINITIONS

2.05 PROPOSER CERTFICATION

3.00 PROJECT INFORMATION AND SERVICES SOUGHT

3.01 GENERAL BACKGROUND AND PROJECT DESCRIPTION

3.02 SERVICES SOUGHT

3.03 CONTRACT PHASES

3.04 PERFORMANCE SCHEDULE

3.05 CONTRACT DURATION

3.06 FUNDING SOURCE

3.07 PROJECT REQUIREMENTS/DESIGN REQUIREMENTS

3.08 SILENCE OF SPECIFICATION

4.00 PROCUREMENT PROCEDURES AND REQUIREMENTS

4.01 SOLICITATION PROTESTS AND RQUESTS FOR CLARIFICATION OR CHANGE

4.02 DISPUTES

4.03 COST OF PREPARATION OF PROPOSAL

4.04 OREGON PUBLIC RECORDS LAW; CONFIDENTIAL OR PROPRIETARY INFORMATION

4.05 FIRM OFFER

4.06 PROPOSAL FORMAT AND CONTENTS

4.07 MODIFICATION OR WITHDRAWAL OF PROPOSAL

4.08 PUBLIC OPENING

5.00 EVALUATION AND SELECTION

5.01 RESPONSIVENESS REVIEW

5.02 CLARIFICATION OF RESPONSES

5.03 MINOR INFORMALITIES

5.04 POINT AND SCORE CALCULATIONS

5.05 PRICE PROPOSAL EVALUATION RESERVED

5.06 INTERVIEWS AND PRESENTATIONS

5.07 SCORING AND RANKING OF PROPOSERS; DETERMINATION OF APPARENT

SUCCESSFUL PROPOSER

5.08 SELECTION NOTICE AND PROTEST OF PROPOSER SELECTION

6.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

6.01 RESPONSIBILITY DETERMINATION

6.02 APPARENT SUCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.03 CONTRACT

6.04 SUBSEQUENT NEGOTIATIONS

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

279A.105)

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

1.00 GENERAL INFORMATION

1.01 Introduction And Public Notice

The Oregon Department of Fish and Wildlife (“ODFW”) is seeking Proposals from Professional Services Consultants to provide Restoration Engineering Services (“Services”) in support of the Luck Greek Flat Stage 0 Design (“Project”). ODFW is issuing this Request for Proposals (“RFP”) under the authority of ORS 279A.050(c), ORS 279A.075 and outlined in ORS 279C.110 for architectural and engineering (A&E) services.

The selected Consultant will undertake preparing of designs and plans for the Project. Additional details of the Scope of the Services are described in Section 3.02 (Services Sought) section of this RFP, and in Attachment A – Sample Contract at Exhibit A. This Project is described in further detail in Section 3.01 (Project Description).

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

See Sections 3.05 (Contract Duration) and 6.03 (Contract) for information about contract terms and duration. Definitions are located in Section 2.04.

1.02 OregonBuys

1.02.1 Electronic Procurement System. This solicitation is being conducted through OregonBuys, an electronic procurement as authorized by OAR 125-247-0330 (E- Procurement).

1.02.2 Registration Required. All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website. If registration assistance is needed, click here for see vendor registration guidance.

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

1.02.3 User Guides. Click here for quick reference information regarding common questions from vendors when using OregonBuys.

1.02.4 Electronic Signatures. By submitting a Proposal to this RFP, the Proposer (and if selected for award, also as the Consultant) agrees with ODFW that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

1.02.5 Failure of Electronic Procurement System. Per OAR 137-47-0330(6) in the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals; to protest or to otherwise participate in the procurement, ODFW may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

https://oregonbuys.gov/bso/ file:///C:/Users/mccormr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/J8AZSSR6/(https:/www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf) https://www.oregon.gov/Agency/Business/Procurement/Pages/HowTo.aspx

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

1.02.6 Technical Difficulties; Late Submission. Larger files may take additional time to upload to OregonBuys. Proposers are responsible for allowing sufficient time to navigate the OregonBuys system, upload files, and finalize and submit its Proposal via OregonBuys prior to the Bid Opening Date.

If technical difficulties occur that are of no fault of the Proposer that prevent submission of a Proposal via OregonBuys, the Proposer may notify the SPC in writing, via email, immediately to describe the difficulties encountered and to seek SPC approval of an alternative submission method.

As circumstances warrant, SPC may, at its discretion, allow for an alternative Proposal submission method.

A Proposal received after the Bid Opening Date is considered late and late submissions due to any reason will not be accepted.

1.03 Obtaining RFP Documents

The RFP and attachments are published in the State of Oregon’s electronic eProcurement system OregonBuys. No Documents will be mailed to prospective Proposers.

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

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

1.04 RFP ATTACHMENTS

The following are attachments to this RFP:

ATTACHMENT A-- SAMPLE CONTRACT

ATTACHMENT B--PROPOSER INFORMATION AND CERTIFICATIONS FORM

ATTACHMENT C-- RESERVED

ATTACHMENT D--CERTIFIED DISADVANTAGED BUSINESS FORM AND OUTREACH PLAN

ATTACHMENT E-- RESPONSIBILITY INQUIRY FORM

ATTACHMENT F-- REFERENCE QUESTIONNAIRE

ATTACHMENT G-- PACIFIC NORTHWEST REGION AQUATIC RESTORATION PROJECT

ENVIRONMENTAL ASSESSMENT

ATTACHMENT H -- Maps of Area of Stage 0 Project

In addition to the provisions set forth and linked within the RFP, the RFP incorporates by this reference the information published on the OregonBuys “Bid Solicitation” page for this RFP, including but not limited to:

• Details entered in the Header Information section;

• All RFP attachments, “Amendments” (if any), and any other files linked in the File Attachments and Form Attachments subsections; and

• Information, if any, entered in the “Questions” and “Item Information” sections.

https://oregonbuys.gov/bso/

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

1.05 Solicitation Schedule

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. “N/A” denotes that event is not applicable to this RFP.

Schedule Item Date

Pre-Proposal Conference See Section 1.06

Deadline for Proposer questions 10 calendar days prior to the Bid Opening Date in

OregonBuys Bid Solicitation page for this RFP

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

Proposal submittal deadline See “Bid Opening Date” and time in OregonBuys Bid

Solicitation page for this RFP

Proposal Opening February 18, 2026 @2:00pm

Completion of Proposal evaluations Estimated 14 calendar days after Bid Opening

Completion of interviews (if conducted)

Estimated 20 calendar days after Bid Opening

Intent to award notice Estimated 3 business days after all scoring complete

Deadline for selection protest No later than 7 calendar days after intent to award notice

*Negotiations completed Estimated 30 calendar days after intent to award notice

Contract execution Estimated within 7 calendar days of negotiation completion

* Proposer, by submitting a Proposal, commits to and will be expected to make best efforts to accommodate the negotiation schedule above if selected for intent to award. See Section 6.03.2 Negotiations.

1.06 Preproposal Conference

ODFW will conduct a pre-Proposal conference for this RFP. ODFW has scheduled a pre-Proposal conference on Tuesday January 20, 2026, at 11:00am, to be held via virtual TEAMS meeting Attendance is mandatory. The purpose of the conference is to provide additional information regarding this solicitation and to answer any questions Proposers may have. Proposers are cautioned that the official RFP requirements will change only by written amendment issued by ODFW.

1.07 Single Point Of Contact (“SPC”)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

https://teams.microsoft.com/meet/25919473693263?p=IfVyrGJqXRv6T3Gm8b

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

1.08 Statement Of DEI Values

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Proposals for this contracting opportunity.

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 Procurement Authority

ODFW is conducting this RFP according to its authority under ORS 279A.050(6)(c) and ORS 279A.050(n).

2.02 Applicable Law.

This RFP and any resulting Contract are governed by Oregon Law. The Services subject to this RFP are “Professional Services” as defined in ORS 279C.100(2), and ORS 279C.100(3).

Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and OAR Chapter 137 Division 46 and OAR Chapter 137 Division

48. The RFP and resulting Contract may be subject to other laws and rules.

2.03 Procurement Method – Professional Services.

ODFW is conducting this RFP in conformance with ORS 279C.110, OAR 137-048-0220. – Formal Selection Procedure.

2.04 Definitions

In addition to terms defined elsewhere in this RFP, the following definitions apply to this RFP.

Terminology specific to the OregonBuys system may be found Here:

For purposes of this RFP:

“Amendment” as used in OregonBuys means “Addendum or “Addenda”, as defined in OAR 137- 046-0110(1);

“Business Days” means 8:00 a.m. to 5:00 p.m., Pacific Time, Monday through Friday, excluding State of Oregon holidays;

“Bid Opening Date” means “closing” as defined in OAR 137-046-0110(26). Proposal “Opening” as defined in OAR 137-046-0110(99) will immediately follow;

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

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

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

“Days” means calendar days, unless Business Days is specified;

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

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

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

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

"Proposal" (referred to as “Quote” in OregonBuys) means a written response to a Request for Proposals;

“Proposers” – (referred to as “Vendor” in OregonBuys) All firms submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”;

“Qualifications Based Selection” or “QBS” means evaluation and scoring of Proposals based on qualifications, experience and project approach, without considering cost.

“Related Services” has the meaning provided in ORS 279C.100;

“RFP” means Request for Proposal (referred to as “Bid Solicitation” in OregonBuys);

“Scope of Work” means the general character and range of Services and supplies needed, the work’s purpose and objectives, and an overview of the performance outcomes expected by ODFW;

“Services” means the services to be performed under the Contract;

“State” means State of Oregon;

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

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

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

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

2.05 Proposer Certification

By participating in the procurement process and submitting a Proposal for Services, Proposer must abide by all requirements and provide all certifications listed herein and in the Proposer Information and Certifications Form (Attachment B). Any Proposal that is received conditioned on ODFW’s acceptance of any other terms and conditions or rights to negotiate will be rejected.

3.00 PROJECT INFORMATION AND SERVICES SOUGHT

ODFW is soliciting proposals from qualified Proposers to provide professional design and planning services for a Stage 0 stream and floodplain restoration project in the Umpqua National Forest.

The goal of this project is to restore natural hydrologic, geomorphic, and ecological processes by reestablishing a dynamic, self-sustaining wetland-stream complex that reflects a Stage 0 condition.

The selected consultant will be responsible for conceptual through permit-ready designs that support the reestablishment of valley-bottom connectivity, promote multi-threaded channel development, and enhance habitat for native aquatic and riparian species. More detailed requirements can be found in Attachment A “Sample Contract”. The total estimated budget for design services is between $450,000 and $550,000 dollars and the Project is planned to complete restoration construction in 2027.

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

3.01 General Background And Project Description

Jackson Creek is a major tributary (160 square mile watershed) of South Umpqua River and provides spawning and rearing habitat for Coho and Spring Chinook Salmon, Steelhead, Cutthroat and Lamprey along with other aquatic organisms including sensitive Western pond turtles. USGS StreamStats program shows a 2-year flow of 4,220 cfs and 100-year flow of 16,000 cfs at the mouth of the river. Recordings also showed a maximum 7-day average stream temperature near the mouth of the river recorded between 1978 and 2024 show a range from 68.8 to 78.8 degrees Fahrenheit.

The Jackson Creek Watershed Analysis (U.S.D.A., 1995, p.13) describes conditions for fish stocks of the South Umpqua: “South Umpqua River anadromous salmonid stocks are regionally unique because they live in a coastal basin but must carry out exceptionally long migrations (125- 200 miles) to reach their inland spawning grounds (Nehlsen, 1994). In addition, the extremely low summer flows and high summer water temperatures make for an exceptionally harsh environment for salmonids to endure. Salmonids living in such environments make important contributions to genetic diversity of their species. This is because harsh environmental conditions select for an unusual genetic makeup which allows these fish to be more fit to survive the harshest conditions (Lichatowich as cited by Nehlsen, 1994). Conservation of populations in such marginal habitats is one of the best ways to conserve the genetic diversity of fish species (Scudder [ 1989] as cited by Nehlsen (1994).”

Jackson Creek has a variety of channel habitat types, including narrow steep walled colluvial and bedrock canyons and moderately wide flat floored alluvial canyons with narrow floodplains; in a few places, including in the vicinity of the confluence of Luck Creek, wider low gradient segments have well-developed floodplains.

Past land management including logging, road building, wood jam removal and resulting peak flow increases have degraded habitat in Jackson Creek. Excessive channel scour from increased peak flow and removal of large wood jams have likely resulted in disconnection with floodplain, coarsening of substrate, simplification of habitat and reduction of side channel habitat. FS Road 2900 follows along Jackson Creek for approximately 16 miles, often immediately adjacent and dispersed campsites have been developed within floodplain, including a road and large dispersed recreation site adjacent to Luck Creek Flat within the floodplain. A level II stream survey of Jackson Creek in 2022/2023 found 47 large wood pieces per mile (including some placed wood) in the Luck Creek Flat reach, reflecting a deficit resulting from past jam removal, and loss of large riparian wood from logging and road construction. The survey also found an average mapped stream gradient of 1.6% and the highest rate of bank erosion in Jackson Creek due to the easily erodible volcanic ash/pumice soils. Channel substrate estimates showed a gravel and cobble dominated channel with considerable bedrock, and several side channels. Salmonid fish (steelhead/rainbow trout) density was found from snorkel surveying to be 0.105 fish/square yard.

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

There is a need to restore the Luck Creek Flat reach of Jackson Creek to improve habitat that has been degraded by past practices; these improvements could greatly enhance adjacent and downstream habitat. Objectives include:

• increase floodplain connection to channel during higher flows

• restore log jams

• improve access to side channels,

• Increase hyporheic exchange

• add habitat diversity and complexity

• provide refuge for fish and other aquatic species.

• reduce bed and bank erosion

• lower velocity during high flows

• enhance spawning gravel deposition

The Luck Creek Flat project area is approximately 114 acres and includes approximately 2.6 miles of mainstem channel of Jackson Creek, much of which is Coho Critical habitat.

3.02 Services Sought

ODFW is seeking a Professional Consultant to design a Stage 0 restoration project that meets habitat improvement objectives. Consultant will conduct surveys, data collection, cut and fill volume estimates, hydraulic analysis, wood estimates and other analyses needed to create design plans, then put together a package that can be used by a future contractor to implement the project. Design considerations should be included to protect roads, culverts and other infrastructures from damage. ODFW may seek the Consultant to perform optional pay items to include; preparing a monitoring plan to assess effectiveness in meeting project objectives, Design actions to restore floodplain characteristics—elevation, width, gradient, length, and roughness—in a manner that closely mimics, to the extent possible, those that would naturally occur at that stream and valley type.

The Services and associated deliverables for the prospective Contract are further described in Exhibit A, Statement of Work of the Sample Contract (RFP Attachment A).

3.03 Contract Phases.

The design should provide for a phased approach to the construction of the Project. The construction project should include 3 separate construction project areas (or “phases”) which are roughly geographically equal. The construction phases of roughly equal areas allows for flexibility of design implementation as funding becomes available. Contractor will also prepare all permits (for submittal by ODFW) necessary to carry out the project.

ODFW anticipates the Design Services will be performed in the following phases in support of the Project:

• Phase I – On-Site Surveys and Analysis

• Phase II – Design Plans

• Phase III – Documentation Reports

• Phase IV – Permitting

• Phase V – Consulting during Construction

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

The resulting contract is anticipated to include Phase I through Phase V. The ODFW may, at its discretion:

• Amend the Contract to add the next phase (or various elements), or

• Elect to complete subsequent phase tasks with in-house staff

Each added or removed phase will require an amendment to the Contract.

3.04 Performance Schedule. (Dates will be set during award negotiations)

• Plan review by ODFW is expected to be a within of 7 business days.

• On Site Surveys and Analysis are planned to start XX/XX/2026, or as soon as weather and road conditions allow

• Contractor will deliver the 15% plan set (and conceptual alternatives if this optional pay item is exercised) for review to ODFW no later than XX/XX/2026

• Contractor will deliver the 30% plan set for review to ODFW no later than XX/XX/2026

• Contractor will deliver the 60% plan set for review to ODFW no later than XX/XX/2026

• Contractor will deliver the 90% plan set for review to ODFW no later than XX/XX/2026

• Contractor will deliver the 100% plan set to ODFW no later than XX/XX/2026

• Contractor will deliver the prepared draft permits to ODFW no later than XX/XX/2026

• Contractor will deliver the monitoring plan (if this option is exercised) to ODFW no later

XX/XX/2026

3.05 Contract Duration:

The Contract is anticipated to be effective by March 2026 and is expected to last approximately Three years.

Contingent upon ODFW’s need and Consultant’s performance, ODFW may elect to amend the Contract for additional time as necessary. The successful Consultant shall perform their obligations through final completion of all Services required under the Contract, and through completion of all warranty work for the public improvement or public works Project, if applicable, unless the Contract is terminated or suspended.

3.06 Funding Source(s):

ODFW is funding this project with Federal funds through a Good Neighbor Agreement with the United States Forest Services (USFS) (160GN-11062754-011).

3.07 Project Requirements/Design Requirements

3.08 Silence of Specifications

The apparent silence of this scope of work, any specifications and any supplemental specifications as to any detail, or the apparent omission from one of these areas of a detailed description concerning any point, shall be regarded as meaning that only the best commercial and industrial practice is to prevail and that only materials and workmanship of first quality are to be used.

Services not specifically mentioned in the RFP, but which are necessary to provide the functional capabilities described by the Proposer, must be itemized in the Proposal.

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

4.00 PROCUREMENT PROCEDURES AND REQUIREMENTS

4.01 Requests For Clarification; Solicitation Protests/ Requests For Change

A. Requests for Clarification. Any Proposer may make a request for clarification of RFP terms or requirements or information. Requests for clarification must be submitted in writing (via e-mail) to the SPC no later than the deadline for RFP protests set forth in RFP section 1.05, Solicitation Schedule. Clarifications, whether verbal, in Writing, or included in an Amendment as a “clarification,” will be issued at the discretion of the SPC and do not change contractual terms, or procurement requirements. If a request for clarification raises an issue that ODFW determines should be handled by formally amending the RFP, ODFW will do so only by announcing such a change in an Amendment posted on OregonBuys, not through information identified as “clarification.”

B. Solicitation Protests/Requests for Change. Prospective Proposers may submit a written protest of anything contained in this RFP and may request a change to any provision, specification or Contract term contained in this RFP. Protests and requests for change of any provision, specification or Contract term must be submitted in writing (via e-mail) to the SPC no later than the deadline for RFP protests set forth in RFP section 1.05, Solicitation Schedule. ODFW will not consider any protest to this RFP or request for change of any provision, specification or Contract term submitted after this deadline. Each protest and request for change must include the reasons for the protest or request (supported by factual documentation) and any proposed changes to this RFP provisions, specifications, or Contract terms.

ODFW will resolve all timely protests submitted in accordance with OAR 125-048-0240. ODFW will address all timely submitted requests for change within a reasonable time following ODFW’s receipt of the request and once addressed, will promptly issue a written decision on the request via OregonBuys.

The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of an amendment to this RFP, unless the amendment specifies a different deadline.

4.02 Disputes

In case of any doubt or differences of opinion as to the items or Service(s) to be furnished hereunder, or the interpretation of the provisions of the RFP, the RFP on file with ODFW shall govern and the decision of the State of Oregon shall be final and binding upon all parties.

4.03 Cost Of Preparation Of Proposal

Proposer is responsible for all costs incurred in Proposal preparation and participation in the Proposal evaluation, Award and Contract negotiation processes.

4.04 Oregon Public Records Law; Confidential Or Proprietary Information

This RFP, and one copy of every Proposal received in response to it, together with copies of all documents pertaining to the award of the Contract(s), shall be kept by ODFW and made a part of ODFW’s records. Proposals shall be open to public inspection in accordance with ORS 279C.107.

If a Proposer believes that any portion of a Proposal contains any information that may be considered exempt from disclosure as a trade secret under ORS Chapter 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate the portions of its Proposal that Proposer believes are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal, as a trade secret, confidential or otherwise exempt from disclosure

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25 is not acceptable. Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under Oregon Public Records Law. If Proposal fails to identify the portions of the Proposal that Proposer believes are exempt from disclosure, Proposer is deemed to have waived any later claim of an exemption or request for non-disclosure of that information.

Application of the Oregon Public Records Law shall determine whether any information is actually exempt from disclosure. Proposer is advised to consult with legal counsel regarding disclosure issues.

The State and ODFW will not be liable for any disclosure or release of information that Proposer considers to be exempt from disclosure if required by applicable law or court order. The State and ODFW shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

4.05 Firm Offer

Submission of a Proposal constitutes Proposer’s affirmation that all terms and conditions of the Proposal constitute a binding offer that shall remain firm for a period of no less than ninety (90) days from the Proposal Due Date and Time specified on the cover page of this RFP.

4.06 Proposal Format And Contents

All Proposal documents requiring Signature must be signed by an authorized representative of the Proposer. The Proposal documents received by ODFW may contain “Electronic Signatures”.

ODFW reserves the right at any time to require the submission of hard copy originals of any documents included in the Proposal.

Proposals must be submitted through the OregonBuys system as described in more detail in section 1.02 of this RFP. No oral, telephone, or e-mail Proposals will be accepted.

Proposals must not exceed 30 pages of 8.5” x 11” paper. Font size must be between 11-12 pt for body, 14-16 pt for headings and 8-10 pt for footnotes and captions. Margins must be 1” from top.

Margins from bottom also must be 1”. Any pages exceeding the maximum number of pages shall not be evaluated. If there are any questions as to format requirements contact SPC for clarification.

Proposer shall provide required information on the forms specified in this RFP. Any information Proposer submits that is not required to be included on forms prescribed by this RFP must be formatted in the manner called for in this RFP and submitted on Proposer’s letterhead.

Proposals must be prepared providing a concise description of the Proposers’ ability to meet the requirements of this RFP. Emphasis should be placed on completeness, clarity and organization.

Proposals must be arranged and organized in separate sections according to the Proposal evaluation criteria requirements listed below in Section 5.04, Point and Score Calculations.

4.07 Modification Or Withdrawal Of Proposal

If a Proposer wishes to withdraw or make modifications to a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button prior to the Proposal Due Date and Time stated on the Cover Page for this RFP.

4.08 Public Opening RESERVED

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

5.00 EVALUATION AND SELECTION

ODFW will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 137- 048-0210 OAR 137-048-0130(2) and this RFP.

Responsive Proposals (see Section 5.01) will be forwarded to an evaluation committee that will independently review, score and rank Proposals according to the Evaluation Criteria set forth in Section 5.04. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in this RFP with the responsiveness and the relevance of experience/qualifications presented in the Proposal.

The outcome of the evaluation process may, in ODFW’s sole discretion, result in: (a) notice to Proposer(s) of selection for Contract negotiation and possible award; or (b) cancellation of this RFP and either re-issuance of this RFP in the same or revised form or no further action by ODFW with respect to this RFP. Alternatively, ODFW may determine a need to take further steps to gather additional information for evaluation (e.g. notice of interviews, requesting clarification).

ODFW may reject any or all Proposals and may cancel this RFP at any time if doing either would be in the public interest as determined by ODFW. ODFW is not liable for any costs a Proposer incurs while preparing or presenting the Proposal or during further evaluation stages. All unreturned Proposals submitted in response to this RFP will become property of ODFW and part of the public file.

5.01 Responsiveness Review.

Proposals must be considered responsive for further evaluation. A Proposal received prior to the Bid Opening Date will be reviewed by the SPC to determine if it responsive to the requirements set forth in this RFP. If the Proposal is unclear, the SPC may request clarification from Proposer (See Section 5.02, Clarification of Responses). If the SPC finds the Proposal non-responsive, the Proposal may be rejected; however, ODFW may waive minor informalities (see Section 5.03, Minor Informalities).

5.02 Clarification of Responses.

ODFW reserves the right to request clarification of any item in a Proposal to properly evaluate the Proposal. All requests for clarification and responses shall be in writing. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal. Clarifications cannot be used to supplement or rehabilitate a non-responsive Proposal. Except for requests and responses related to a clarification necessary to evaluate whether a Proposal has met minimum requirements, all requests for clarification and responses will be provided to each selection committee member.

5.03 Minor Informalities.

ODFW, in its sole discretion, may waive minor informalities or allow a Proposer to correct them.

Minor informalities are: (1) matters of form rather than substance when evident in the Proposal, or (2) insignificant mistakes that can be waived or corrected without prejudice to other Proposers.

Examples of minor informalities include Proposer’s failure to:

• Submit the required number of originals or copies, or both, of Proposals

• Sign the Proposal in the designated block provided an authorized signature appears elsewhere in the Proposal evidencing an intent to be bound.

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

5.04 Point And Score Calculations.

Each responsive proposal will be evaluated and scored by an evaluation committee as set forth in this Section. Available points are shown in the evaluation criteria section below. Evaluation Committee members may change and ODFW may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below up to the maximum points available. The SPC will then average all the evaluator scores for each evaluation criterion.

Evaluation Criteria

5.04.1 Cover Letter Available Points: 5

The Cover letter should address the Proposer’s willingness and commitment, if selected to provide the services offered and a brief description of why the Proposer believes it should be selected. The letter should include the name of the firm and the name, title, telephone number, and email address of the individual(s) authorized to represent the Proposer with respect to the RFP, Proposal, and any resulting contract negotiations. The letter must be signed by the Proposer, if an individual, or a legal representative of the Proposer’s entity authorized to bind the entity in contractual matters. The letter must include a statement that Proposer agrees to accept the terms and conditions of the contract provisions.

5.04.2 Proposer Experience, Key Personnel and Qualifications Available Points: 30

Proposer should provide an overview of Proposer’s experience and qualifications with respect to the delivery of the Services described in this RFP. Proposer should list individual team members and subconsultant team members the Proposer proposes to assign to or utilize for the Services. Proposer should provide relevant information for each of the proposed team members, including names of staff and position, professional qualifications, and relevant experience. Provide any applicable experience and certifications and include a current resume for each (not to exceed two (2) pages each). (Note – Resumes are not included in the Proposal page count).

Proposer should also provide a list and description of similar projects. When selecting projects, proposers should seek to submit past projects that are similar in size, scope, complexity, dollar value, design services provided, and design disciplines. Projects must have been completed within the last five (5) years.

Proposer should send the Reference Questionnaire (Attachment F) to three references from prior projects that Proposer provided services for that were similar in nature and complexity to the Services sought in this RFP. A separate form must be completed by each reference, returned to the Proposer and submitted with the Proposal.

Note - Reference Questionnaire forms are not included in the Proposal page count.

5.04.3 Understanding of Requested Services, Approach and Implementation

Available Points: 25

Proposer should describe its understanding of the intent and the requirements of the Services being requested in this RFP, the scope of the Services and its overall plan to complete the Services in support of the Project. Proposer should prepare an example design concept for evaluation.

Proposer should describe the firm’s management and organizational structure, and how that structure aids the delivery of the Services sought - including the firm’s chain of command.

Proposer should describe its methods of coordinating and expediting all elements to meet delivery schedules without sacrificing quality. Proposer should describe its approach to

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25 adjusting schedules when needed or adjusting its level of effort in order to meet a schedule while staying within a stated budget.

Proposer should describe how subcontractors will be selected, utilized and managed to complete the projects. Include a list or organization chart showing all subconsultants and their proposed roles/disciplines.

5.04.4 Statement of Work Available Points: 35

Utilizing the baseline document found in Exhibit A, Statement of Work of the Sample Contract (RFP Attachment A), Proposer should develop its proposed Statement of Work by adding sufficient detail to included items and eliminating those not needed. The Statement of Work should include and describe in sufficient detail all work and services required by this RFP, including Section 3.02 (Services Sought), and should address all design considerations and requirements described therein.

5.04.5 DEI Values and Practices Available Points: 5

Pursuant to Executive Order 22-15, ODFW is considering Proposer’s DEI values and practices as part of this evaluation. Please describe Proposer’s DEI values and practices. Note: please do not include any information contained within the Certified Disadvantaged Business Form and Outreach Plan addressed in Section 7.0 and Attachment D to this RFP, as this evaluation criterion is separate and apart from that requirement. The Certified Disadvantaged Business Outreach Plan will not count towards the available points for this evaluation criterion.

5.04.6 Required Forms: Available Points: Pass/Fail

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

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

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

d. Reference Questionnaire (Attachment F to this RFP)

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

5.05 PRICE PROPOSAL EVALUATION. RESERVED

5.06 INTERVIEWS and PRESENTATIONS

ODFW, at its sole discretion, may arrange Proposer interviews. Proposers should be prepared to provide a brief presentation of their Proposal, lasting no more than 10 minutes. Proposers should also be prepared to respond to questions related specifically to their Proposals and other pertinent matters regarding the RFP.

Questions may be directed to the Proposer’s key Project staff regarding qualifications, experience and the firm’s overall approach. At a minimum, the project manager and the key individuals responsible for delivering the Services should be in attendance.

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

The total maximum available interview points: 50 points.

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

5.07 SCORING AND RANKING OF PROPOSERS; DETERMINATION OF APPARENT

SUCCESSFUL PROPOSER

The SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score. The scores for Proposer ranking and tentative award will be determined as follows:

• Total Evaluation Criteria Score = Total of all evaluator scores for a given Proposal.

• Total Interview or Presentation Questions Score (if conducted) = Total of all evaluator scores for a given Proposer, divided by the number of evaluators.

• Final Score = Total Proposal Score plus Total Price Proposal Score plus Total Interview (if conducted).

5.08 SELECTION NOTICE and PROTEST OF PROPOSER SELECTION

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

A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the ODFW no later than the date set forth in RFP Section 1.05. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services described in the RFP.

Protests based on terms or requirements contained in this RFP – are solicitation protests (Section 4.01B) that must be submitted during the solicitation protest period described in Section 1.05 and will not be considered in Selection Protests.

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

All costs of a protest shall be the responsibility of the protesting Proposer and undertaken at its expense. The State and ODFW shall not be liable for any of the Proposer's costs or expenses incurred or related to filing the protest, on any basis, express or implied.

6.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

6.01 Responsibility Determination.

Prior to award, ODFW will determine if the apparent successful Proposer is responsible, which may include investigation of references. ODFW reserves the right to investigate references including others than those provided in the Responsibility Inquiry Form (Attachment E) and the Proposal Reference Questionnaire (Attachment F). Investigation may include past performance of any Proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers. At any time prior to award, ODFW may reject a Proposer found to be not responsible.

6.02 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

The highest-ranked Proposer who is found to be responsible and selected for a Contract award under this RFP will be required to submit, in addition to any information or certifications required pursuant to the Proposer Information and Certification Sheet (Attachment B), the following information to ODFW within 10 calendar days of Selection Notice. ODFW will, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if Proposer is unable to provide this information within this timeframe or as otherwise deemed reasonable by the ODFW.

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

6.02.1 Certificates of Insurance.

The apparent successful Proposer shall provide (electronically via email) Certificates of Insurance to ODFW for levels of Insurance coverage shown in Exhibit C of the Sample Contract (RFP Attachment A, Exhibit C).

6.02.2 Business Registry Number/Registered Agent

If selected for Contract award, Proposer must be duly authorized by the State to transact business in the State before executing the Contract. Firms that contract with ODFW are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration. The apparent successful Proposer(s) (unless you are an individual operating as your real and true name or otherwise exempt under applicable laws) shall submit a current Oregon Secretary of State Business Registry number.

See process for obtaining a Business Registry number click here. All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents click here.

For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available on the Secretary of State’s Business site by clicking here.

6.02.3 W-9 Form

The apparent successful Proposer(s) shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form if either of the following apply:

• When requested by ODFW (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any

• No payment can be made until a properly completed W-9 is on file with ODFW.

6.02.4 Joint Venture/Partnership Information

An apparent successful Proposer, if a Joint Venture/Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to propose and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

6.02.5 Certificate of Pay Equity Compliance

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

https://sos.oregon.gov/business/Pages/register.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/pages/laws-rules.aspx https://sos.oregon.gov/business/Pages/default.aspx https://www.irs.gov/pub/irs-pdf/fw9.pdf

Professional Services and Related Services for the Luck Creek Flat Stage-0 Design ODFW Tracking #: 825-246-25

6.03 CONTRACT

6.03.1 Form of Contract.

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

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

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

6.03.2 Negotiations.

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

(A) The…