5396 RFP final~1.doc

State of Oregon

Cover Page OHA – Public Health Center for Health Protection, Drinking Water Services

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-44300-00003600 for

RFP 5396: Technical Assistance For Public Water Systems Date of Issue: 8/4/2022 Opening Date and Time: 9/8/2022 3:00pm Single Point of Contact (SPC): Paul Yakis Address:

635 Capitol Street NE, Suite 350

City, State, Zip Salem, OR 97301

Phone (voice) 503 509-5493 E-mail:

paul.yakis@dhsoha.state.or.us Table of Contents

SECTION 1:

GENERAL INFORMATION

1.1

INTRODUCTION

1.2

SCHEDULE

1.3

SINGLE POINT OF CONTACT (SPC)

SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

2.1

AUTHORITY AND METHOD

2.2

DEFINITION OF TERMS

2.3

OVERVIEW AND PURPOSE

2.4

SCOPE OF WORK/SPECIFICATIONS

SECTION 3:

PROCUREMENT REQUIREMENTS

3.1

MINIMUM QUALIFICATIONS

3.2

MINIMUM SUBMISSION REQUIREMENTS

SECTION 4:

SOLICITATION PROCESS

124.1

PUBLIC NOTICE

124.2

QUESTIONS / REQUESTS FOR CLARIFICATIONS

124.3

SOLICITATION PROTESTS

134.4

PROPOSAL DELIVERY OPTIONS

134.5

PROPOSAL MODIFICATION OR WITHDRAWAL

134.6

PROPOSAL DUE

134.7

PUBLIC OPENING

144.8

PROPOSAL REJECTION

144.9

PROPOSAL CONTENT REQUIRMENTS

174.10

EVALUATION PROCESS

SECTION 5:

AWARD AND NEGOTIATION

5.1

AWARD NOTIFICATION PROCESS

5.2

INTENT TO AWARD PROTEST

5.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4

CONTRACT NEGOTIATION

SECTION 6:

ADDITIONAL INFORMATION

6.1

CERTIFIED FIRM PARTICIPATION

6.2

GOVERNING LAWS AND REGULATIONS

6.3

OWNERSHIP/PERMISSION TO USE MATERIALS

6.4

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

6.5

COST OF SUBMITTING A PROPOSAL

6.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

236.7

RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A

SAMPLE CONTRACT

ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D

REFERENCE CHECK FORM

ATTACHMENT E

PROPOSAL FORM

ATTACHMENT F

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT G

RESPONSIBILITY INQUIRY

ATTACHMENT H

Sample Certification of Compliance with EO 21-29

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, Oregon Health Authority (OHA), Public Health Division (PHD), requests Proposals from qualified Offerors to provide services for tasks necessary to assist public water systems with completion of lead service line inventories to meet the requirements of the Lead and Copper Rule Revisions (LCRR), as adopted by U.S. Environmental Protection Agency (EPA) on December 16, 2021.

OHA expects to award one or more Contracts in the Not-to-Exceed (NTE) amount of $1,488,000.00 for the period October 3, 2022 through December 31, 2027.

The scope of the services and deliverables for the resultant Contract(s) is described in Section 2.4, “Scope of Work”. The parties will negotiate the final Statement of Work to be included in the Contract.

1.2 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.

1.3 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, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

OHA issues this RFP under the authority of ORS 413.033

Agency is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 137-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For purposes of this RFP and the resulting Contract, the terms below shall have the following meanings:

Contract means the Contract awarded as a result of this RFP.

Contractor means the Offeror selected through this RFP to enter into a Contract with OHA to perform the Work.

Key Personnel or Key Persons means the person or persons on Offeror’s staff to be assigned to perform the Work under the Contract. For Key Persons not identified prior to Proposal submission, a position description must be submitted.

Office of Contracts and Procurement (OC&P) means the entity that is responsible for the procurement process for OHA.

PDT means Pacific Daylight Time (PDT).

Professional Judgment means Applying knowledge, skills and experience, in a way that is also informed by professional standards / knowledge, laws and ethical principles, to develop an opinion or decision about what should be done to best serve clients Proposal means a written response submitted to OC&P in response to this RFP.

Offeror means the person or entity that submits a Proposal.

RFP means Request for Proposal.

Water System means a system for the provision of piped water for human consumption.

Work means the required activities, tasks, deliverables, reporting, and invoicing requirements, as described in Section 3-Scope of Work of this RFP.

2.3 OVERVIEW AND PURPOSE

Agency Overview and Background Drinking Water Services (DWS) reduces the incidence and risk of waterborne disease and exposure of the public to hazardous substances potentially present in drinking water supplies.

DWS administers and enforces state and federal safe drinking water quality standards for 3,600 public water systems in the state of Oregon. DWS prevents contamination of public drinking water systems by protecting drinking water sources; assuring that public water systems meet standards for design, construction, and operation; inspecting public water systems and assuring that identified deficiencies are corrected; providing technical assistance to public water suppliers; providing financial assistance to construct safe drinking water infrastructure; and certifying and training water system operators.

Project Overview and Background The national goal is to identify all lead service lines and to replace them with non-lead material. The LCRR (40 CFR Part 141.84) requires all Community Water Systems (CWSs) and Non-Transient, Non-Community Water Systems (NTNCs) to complete an inventory of the material type of all service lines within their system and to submit the results of the inventory to the State Primacy agency (Oregon Health Authority) by October 16, 2024. The inventory must include both the portion of the service line owned by the water system and the portion of the service line that is privately owned. Service line materials must be classified, at minimum, as: Lead, Non-lead, Galvanized Requiring Replacement or Unknown. Records, permits, codes and rules may be used to classify material type. Physical inspection is not required to identify material type though may be needed in the absence of other evidence to identify a service line as non-lead. Any identification method provided or required by the State may also be used.

There are 911 CWS and 338 NTNC systems in Oregon that are subject to the service line inventory requirements. Of the 911 CWSs, 93% serve fewer than 10,000 people, 70% serve fewer than 500, 47% fewer than 150. The affected water systems are predominantly small water systems that may be served by part-time operators with limited record-keeping or historical information about distribution system material type. All systems will be challenged to identify the material type of the privately owned side of service lines.

The Bipartisan Infrastructure Law (HR 3684) was signed into law on November 15, 2021. This is a historic investment that includes: $11.7 billion to the Drinking Water State Revolving Fund

2.4 SCOPE OF WORK/SPECIFICATIONS

Pursuant to ORS 279B.060(2)(c) OHA requires that the Contractor meets the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services; while performing work under the resultant Contract as awarded through this RFP shall include:

Services to be Performed

Contractor to provide assistance related to service line inventories to CWSs serving 10,000 people or fewer and non-profit NTNC systems. Two types of assistance are to be provided: i) training and outreach related to service line requirements, best practices and reporting requirements, and ii) individual assistance to public water systems (PWSs) in completing their service line inventories. Assistance provided to PWSs is strictly on a voluntary basis.

Training and Outreach.

Contractor to provide both online virtual training and in-person training to water systems operators. The training shall be appropriate for small water systems and shall clearly explain the service line inventory regulatory requirements, refer to available OHA and EPA guidance materials, describe acceptable methods for completing service line inventories and review how to compile the inventory and to submit the results to OHA. Contractor, in coordination with OHA, shall provide outreach to water system operators and representatives regarding training opportunities and available guidance.

Individual Technical Assistance.

OHA will work with the contractor to solicit interest from PWSs in receiving individual assistance. The Contractor assistance provided directly to individual PWSs in meeting service line inventory requirements will vary with each system depending on their size, staff capacity and available records. In general, the assistance would relate to compiling and reviewing available information, recording service line material information in a spreadsheet or database and displaying on a system map, developing and implementing a strategy to identify unknowns, and submitting the results of the inventory to OHA by the regulatory deadline.

Assistance With Record Review and Compilation.

Obtaining the historical information from several sources will aid in the development of an accurate inventory. Listed below are items and information for the PWS to review for the initial inventory. PWSs are expected to compile as much existing information as is readily available. Contractor assistance, as needed, may include providing a checklist to PWS, assisting with records searches and compilation and review of available information:

1. Determine the location and ownership of the service lines in the PWS: entire line public (PWS), entire line private (customer), or combination.

2. Determine if there is any local ordinance relating to use of lead in plumbing materials, and its effective date.

3. Identify service lines installed after Oregon prohibitions on use of lead in distribution piping and plumbing were adopted in 1985. Tax assessor records may be useful to identify age of structures.

4. System tap cards, which have significant information. Determine if they are available and have been maintained over time. The card typically has the meter replacement date, is listed by address or another unique identifier, and may list building usage (single-family residence, multi-family residence, K-12 school, child daycare, or business).

5. Private side records, if applicable, such as a permitting process or other process where records were returned to the PWS of work done on the private side of the service line.

6. Water main construction and replacement records, including dates of current water mains. Examples: In specific replacement projects were the service lines wholly replaced, partially replaced, or is that not known? Was there a standard practice of replacing the entire service line when a main was replaced? Are there any standard operating practices that would reliably inform service line composition? Would a newly constructed building be connected to an existing service line?

7. Review capital improvement projects over the years to determine if certain areas had work done that affected the service lines.

8. Data from the 1991 Lead and Copper Rule (LCR):

a. Review the initial LCR Materials Inventory and any updates, which may indicate areas with lead service lines or areas where service lines were replaced.

b. Any other distribution system inspection records or studies, such as leak studies, which may have reviewed service line composition

Data Management and Mapping.

Contractor to assist PWS with developing a spreadsheet or database and a system map. The required data elements shall be prescribed by OHA prior to any work but shall include at a minimum the following for public side and private side of service lines separately: address, location coordinates, unique service line identifier number, material type (Non-lead, Lead, Galvanized Requiring Replacement, or Unknown), evidence cited, date installed, date of construction of structure, physical or other verification. A system map shall include, at a minimum, the location of distribution system piping and valves, all service lines and parcels served by the system and denoting material type.

Strategy for Identifying Unknowns.

Contractor shall assist PWS, as needed, in developing a strategy to identify unknown service line materials using guidance from OHA and EPA. Identifying a service line as non-lead must be based on evidence. Examples of acceptable evidence include but are not limited to physical verification and documentation of material type based on field inspection or results from sequential water sampling. Physical verification of a statistical subset of service lines or use of predictive modeling are also methods being evaluated by OHA and guidance on use of these methods will be provided at a later date.

Reporting.

Contractor shall assist PWS, as needed, in summarizing service line inventory results on a report form or spreadsheet prescribed by OHA and submitting the summary electronically as prescribed by OHA. The initial inventory shall be submitted by October 16, 2024.

Updates to Initial Inventory.

Contractor shall assist PWS, as needed, with updates to the initial inventory, including verification of unknown service line materials using methods and techniques acceptable to OHA.

Deliverables.

1. All deliverables must be submitted to OHA electronically using a format approved by OHA.

2. Training. Training materials shall be reviewed by OHA prior to delivering training. A summary of training events shall be submitted to OHA that documents the date and attendance by participants.

3. Site Visits. Contractor shall make site visits to each of the PWS sites that requests assistance. The Contractor will interview appropriate water system personnel to identify needs and availability of records. Upon completion of each site visit, a contact report will be written summarizing work completed.

4. Service Line Inventories. Upon request by PWS, Contractor may track necessary information in a spreadsheet approved by OHA and submit the inventory electronically as established by OHA.

Monthly Reporting.

Contractor shall submit to OHA a monthly progress report which includes, at a minimum, the following:

(1) A summary of work performed during the reporting period, including, as applicable:

a. Any training materials developed, and training events conducted;

b. PWS contacts made and assistance with inventories provided;

c. PWS inventories completed; and

d. A summary of inventories that have complications and/or need additional work.

(2) An invoice for the hours worked during the period identified in the monthly progress report.

Final Summary Report.

Contractor shall submit to OHA a final summary report which must include, at a minimum, the following:

(a) Summary of work performed;

(b) Summary of “lessons learned”;

(b) Final summary of all inventories,

(c) Confirmation that all electronic copies of all final inventories and all associated documentation files that were submitted to OHA are complete; and

(d) Other information as requested by OHA.

SECTION 3: Procurement Requirments And Evaluation

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section.

MINIMUM Key Person Qualifications All Proposers must meet all of the following minimum qualifications as confirmed by the Proposer’s responses to these requirements in Attachment G, Part 1, and as confirmed by the Key Person’s(s’) resume(s) which must include applicable license and certificate numbers, submitted with this Proposal.

3.1.1.1 Proposer’s Key Persons must include one or more Registered Professional Engineer(s), Registered Environmental Health Specialists, or certified drinking water operators, who possess(es) a current Oregon registration and certificate to practice engineering pursuant to ORS 672.020, who will be assigned to work on the Project.

3.1.1.2 In addition, Proposer shall provide a copy of the current Oregon Operator Certificate issued pursuant to OAR 333-061-0235 for each Key Person named by Proposer in response to Section 3.3.7 Key Persons.

3.1.1.3 In addition, Proposers opting to submit Proposals to provide services to surface water systems must list at least one Key Person possessing a valid Oregon Level 3 or Level 4 Water Treatment Certificate, and a copy of the Key Person’s or Key Persons’ current Water Treatment Certificate(s).

3.1.1.4 Registered with Oregon Secretary of State, Corporations Division, to conduct business in Oregon, or express intent in the Proposal to register with the Corporations Division following issuance by OHA of a notice of intent to award a Contract to the Offeror.

3.1.1.5 Offeror must possess a minimum of three years of experience of the type(s) listed below. All experience must have occurred within the past seven (7) years. It is possible to attain the experience types listed below during the same time period. It is not necessary to have experience in all categories; however, Offeror must have experience in at least three of the categories below:

1) Experience in administration, management and/or operations with one or more community water systems serving populations under 10,000.

2) Experience developing & presenting technical training and outreach materials relevant to the Safe Drinking Water Act and water system operations.

3) Experience with asset management planning and implementation related to water system distribution piping.

4) Experience in preparing public water system service area, distribution and parcel maps using GIS systems or other relevant software.

5) Experience applying State and Federal regulations and standards of drinking water systems, including relevant plumbing codes.

6) Experience providing technical assistance to community water systems related to compliance or operational issues.

7) Sufficient knowledge of Access, Adobe, and Excel (may be different people) to input data into existing databases or spreadsheets, submit documents electronically, and upload data electronically to OHA.

3.1.1.6 Offeror must have Registered Professional Engineer(s) and / or an operator with a valid Oregon Level 2 or higher Water Distribution Certification is required in order for the Contractor to provide the desired assistance to water systems.

3.2 MINIMUM SUBMISSION REQUIREMENTS

PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP will be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

Proposal Format and Quantity Proposals should follow the format and reference the sections listed in the Proposal Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined on this page for electronic submission: How to electronically respond to a Bid in OregonBuys Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

Proposal Page Limits

There are no mandatory page limits. However, OHA recommends Proposers voluntarily limit their responses in Attachment E – Proposal Form for Sections 4.9.5 - 4.9.8 to 10 pages.

The following items do not count toward the recommended voluntary page limit:

Proposal Information and Certification Sheet (Attachment C)

Any other required forms

Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

References

Provide (3) references (Attachment D) from current or former client firms for similar projects performed for any clients within the last (3) years. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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 SPC via an OregonBuys submission.

· Reference the OregonBuys bid number.

· Identify Proposer’s name and contact information.

· 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.

4.3 SOLICITATION PROTESTS

Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

Protests to Amendment(s) Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 3:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

Requirements for Protests All protests must:

· Be delivered to the SPC via an OregonBuys submission.

· Reference the OregonBuys bid number;

· Identify prospective Proposer’s name and contact information;

· Be sent by an authorized representative;

· State the reason for the protest, including:

· the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and

· evidence or documentation that supports the grounds on which the protest is based; and

· State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.4 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys Proposal submission shall be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via an OregonBuys submission prior to the Opening in accordance with OAR 137-047-0440. To be effective the notice must include the OregonBuys bid number.

4.6 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.7 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 137-047-0610.

4.8 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

· Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

· Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

· Proposer fails to meet the responsibility requirements of ORS 279B.110.

· Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

· Proposer attempts to influence a member of the Evaluation Committee.

· Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.9 PROPOSAL CONTENT REQUIRMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP will be considered non-Responsive to this RFP and will not be considered further.

Proposal Information and Certification Sheet (Attachment C)

The Proposer shall complete and submit the Proposal Information and Certification Sheet (Attachment C).

4.9.2 Responsibility Inquiry (Attachment G)

The Proposer shall complete and submit a signed Responsibility Inquiry form (Attachment G) with the Proposal.

4.9.3 Reference Check Forms (Attachment D)

The Proposer shall submit 3 Reference Check forms (Attachment D) signed by customers or clients for whom Proposer has provided services similar to those described in Section 2.4 of this RFP within the last 3 years. References must verify the quality of previous, related Work. 3 completed Reference Check forms must be submitted with the Proposal.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

4.9.4 Proposal Form (Attachment E)

The Proposer shall complete and submit Attachment E Proposal Form responses to the RFP Proposal requirements for RFP 5396 as set forth in Section 3.1.1 (Minimum Key Person requirements) and Sections 4.10.5 through 4.10.8 below.

4.9.5 Organizational Capacity:

The Proposal must briefly describe Proposer’s experience and capacity to perform the Work described in this RFP, including, but not limited to: 1) experience with project coordination and evaluation; and 2) capacity to begin and continue the Work for the period described in this RFP. Include names and addresses of any government or private agencies with which the Proposer has contracted to provide services within the last three years.

4.9.6 Fiscal Stability:

The Proposal must briefly describe Proposer’s experience with, and current strategies for, ensuring that the Proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed Contract period. Identify the staff or board members that have fiscal responsibilities. Any Proposer that has generated financial statements shall submit copies for the most recent period. If financial statements have not been generated, then Proposer may submit an audit or fiscal review by a certified public accountant, or if the Proposer is a “new” business, include a copy of a business plan completed within the last year.

4.9.7 Key Persons:

The Proposal must specify Key Persons to be assigned to this Project and include a current resume (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience for the Work described in Section 2.4. Scope of Work (See also Section 3.1.1 Minimum Key Person Requirements and its certificate and license number submission requirements). For Key Persons not identified prior to Proposal submission, Proposers shall submit a detailed position description and explanation of how the Key Person position will be filled.

OHA reserves the right to approve or deny Key Persons submitted for review after award of the Contract.

4.9.8 Project Implementation Plan:

The Proposal must briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work, as described in Section 2.4 of this RFP. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the Proposer will serve to coordinate and accomplish the Work, furnishing the deliverables described in Section 2.4 Scope of Work. The Proposer must include at least the following in the management plan submitted in response to this RFP:

Project Management:

· Describe how the project team will interact, utilize and communicate with OHA.

· Explain how the project team will utilize their leadership to oversee the efficient and timely completion of project requirement tasks.

· Describe the level of direction provided by the Project Manager to the work team and any subcontractor used.

Project Schedule:

· Describe how Proposer will schedule, utilize resources, personnel hours, and travel to complete small water system requests for assistance. Include anticipated constraints of OHA and the contract framework.

Method/Approach:

· Describe how Proposer will achieve the project objectives including sources of water system records and information regarding service line materials,.

· Describe how Proposer will evaluate the effectiveness and efficiency of the services and training provided.

· Describe Proposer’s processes/procedures for responding to changes in small water system needs for assistance and or training.

· Describe how Proposer would prioritize competing requests for assistance.

· Proposer shall outline, by geographic region or area of specialty, how the response to the requests will be met.

4.9.9 Cost Proposal

No Cost Proposal is required for this RFP.

As consideration for the Work provided by Contractor during the period specified in Section 1., Effective Date and Duration, of this Contract, OHA will pay to Contractor up to the maximum not-to-exceed amount as specified in Section 3., Consideration of this Contract, to be paid as follows:

The Contractor will be compensated at an hourly rate of $150.00 for a maximum duration of 10 hours ($1,500.00) per water system. Additional hours may be authorized and approved by the OHA Drinking Water Program’s Project Manager on a case-by-case basis.

Contractor shall submit monthly invoices, or as determined by OHA, to OHA’s Contract Administrator at the address specified on page 1, or to any other address as OHA may indicate in writing to Contractor. Upon OHA’s review and approval of Contractor’s submitted invoice, OHA will have 45 days to make payment to Contractor. Contractor invoices that are not approved by OHA will be returned to the Contractor for correction. OHA will not make payment on any returned invoice until Contractor resubmits the corrected invoice and OHA approves of the corrected invoice. Contractor's claims to OHA for overdue payments on invoices are subject to ORS 293.462.

Contractor’s submitted monthly invoice must include, but is not limited to, the following:

(1) Contract number: XXXXXX

(2) Name of Public Water System(s) visited.

(3) Date(s) of Public Water System(s) site visit

(4) Name(s) of Contractor personnel who performed the inventory work.

(5) Hourly rate, total number of hours, and individual cost for the Contractor’s personnel who performed the work related to the inventory.

(6) “Total Amount Billed for This Invoice”

(7) “Total Amount Billed for contract / remaining funds for contract.”

Note: Failure of Contractor to include the above items on Contractor’s submitted invoice(s) will delay OHA’s payment of the invoice(s).

2. Travel expenses will not be reimbursed under this Contract.

4.9.10 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Affidavit of Trade Secret (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

4.10 EVALUATION PROCESS

Responsiveness and Responsibility Determination

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non‐Responsive proposal. If the SPC finds the Proposal Non‐Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 137‐047‐0470.

Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

Evaluation Criteria Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposals. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

1) Organizational Capacity (Maximum Score: 10 points): How well did Proposer describe Proposer’s experience and capacity to perform the Work described in this RFP including project coordination and evaluation, the ability to begin and continue the Work?

2) Fiscal Stability (Maximum Score: 10 points): How well did Proposer sufficiently address all elements of Fiscal Stability? How well did the Proposer demonstrate the ability for sound fiscal policy either based on successful completion of similar projects, successful audits, or a copy of a recent business plan?

3) Key Persons (Maximum Score: 10 points): How well has the Proposer demonstrated that its Key Persons possess the knowledge, understanding and experience of service delivery to perform the required Work? Did Proposer identify Key personnel to be assigned to the project and include resume(s) that demonstrate qualifications and experience necessary for performing the Work described in Section 2.4. Scope of Work? For Key Persons not yet hired, have detailed position descriptions been included?

4) Project Implementation Plan (Maximum Score: 60 points): How well has the Proposer demonstrated a thorough understanding of the purpose, scope and timelines to implement the project including Project Management, Project Schedule, and Method/Approach?

5) Reference Check Forms (Maximum Score: 10 points):

Each Proposer may receive a maximum of 10 points for the two Reference Check Forms (Attachment D) submitted by Proposer, which will be scored as follows:

Each Reference check form will be evaluated and score using a scale of 0 to 5, with 5 being the highest score:

0 = The Reference was Not satisfied with Proposer’s service.

3 = The Reference was Moderately satisfied with Proposer’s service.

5 = The Reference was Extremely satisfied with Proposer’s service.

The total points for each of the two References will be added for the Total References score.

Preferences

Reciprocal Preference [Reserved] Recycled Materials [Reserved]

Tiebreakers

Oregon Supplies: If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

POINT AND SCORE CALCULATIONS

Scores are the values (0 through 100) assigned by each evaluator.

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion.

The maximum score (points) possible are as follows:

1) Organizational Capacity:

2) Fiscal Stability:

3) Key Persons:

4) Project Implementation Plan

SCORING AND RANKING OF PROPOSERS

SPC will rank all Proposers advancing through all rounds of evaluation. The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members) from all rounds of competition, together with references, and final cost. After each applicable preference has been applied, SPC will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

· All higher ranked Proposals are non-Responsive.

· Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

· Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

· Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

Protest Requirements Protests must:

· Be delivered to the SPC via Oregonbuys.

· Reference the OregonBuys bid number;

· Identify Proposer’s name and contact information;

· Be signed by an authorized representative of Proposer;

· Specify the grounds for the protest; and

· Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to execution of the Contract, the apparent successful Proposer shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest-ranking Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit C of Attachment A) prior to Proposal submission.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Agency is willing to negotiate all items, except those listed below:

· Choice of law

· Choice of venue

· Constitutional requirements

· Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency.