9467 Oak Release Scoping~1.docx
DOCX document 3 MB Posted
- Attached to
- 2023 OREGON BREEDING WATERFOWL SURVEYS
- Solicitation number
- S-63500-00006061
- Issued by
- Marion County, Oregon
About this file
This is an Informal/Intermediate Solicitation document issued by the Oregon Parks and Recreation Department (OPRD) for a Columbia River Gorge Oak Release Scoping project. OPRD seeks to contract with a consultant to conduct stand characterization and oak preservation scoping across OPRD-managed parks in the Columbia River Gorge, with work identified in the Columbia River Gorge Comprehensive Plan (2015) and the East Cascade Oak Partnership 2023 FIP grant proposal. The project involves evaluating oak stands experiencing competition from conifer species and collecting data to support future oak release treatments. The scope encompasses approximately 93 polygons comprising 227 acres of oak release scoping areas, with an estimated 50 project days (40 days field work and 10 days GIS and reporting). The project timeline runs from April 1, 2023, through June 30, 2023, with field data collection completing by June 1, 2023, and final reporting due by June 30, 2023. The offer closing date was March 28, 2023, at 1:00 PM Pacific Standard Time. The initial contract term ends June 30, 2023, with an option to renew for an additional year to perform contingency tasks identified by OPRD. The single point of contact is Nameun House, Procurement and Contract Specialist, at OPRD's Salem office.
The deliverables include comprehensive stand-level qualitative and quantitative data collection using OPRD's ESRI Survey 123 application, including stand characterization, cruise plot data, oak condition assessment, conifer species analysis, invasive species documentation, wildlife habitat features, and management feasibility recommendations. Data collection tasks require evaluation of biophysical features, natural features of interest, wildlife nest presence, cultural and historic resources, encroachment evidence, and logging system feasibility. The consultant must also provide plot-based cruise metrics with specified plot spacing, variable radius plots with appropriate BAF selection, fixed radius plots, and individual tree measurements including species identification, DBH, log grading, crown characteristics, and height. The solicitation document includes required offer forms (Contractual Acceptance Form and Pricing Proposal Form) and a sample contract, with time being essential to the project schedule.
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OREGON PARKS AND RECREATION DEPARTMENT (OPRD)
ISSUES THIS INFORMAL/INTERMEDIATE SOLICITATION FOR
COLUMBIA RIVER GORGE OAK RELEASE SCOPING
OregonBuys Bid No. S-63400-00006062 OPRD Procurement No. 9467 Date of Issue: 03/17/2023 Offer Closing/Offer Due: 03/28/2023, 01:00 PM (Pacific Standard Time)
| Single Point of Contact (SPC): |
| Nameun House, Procurement and Contract Specialist |
Oregon Parks and Recreation Department 725 Summer St. NE, Suite C Salem, OR 97301
Email: Nameun.House@oprd.oregon.gov
Phone: 971-375-8289
ATTACHMENT:
Attachment 1 OFFER FORMS (REQUIRED) on pages 17 and 18 of this solicitation
· PART I: Contractual Acceptance Form (page 17)
· PART II: Pricing Proposal Form (page 18) Attachment 2 SAMPLE CONTRACT
1.0 PROCUREMENT DESCRIPTION
1.1 PURPOSE
Oregon Parks and Recreation Department (OPRD) will contract with a consultant to implement a stand characterization and oak preservation scoping project identified in the Columbia River Gorge Comprehensive Plan (2015) and the East Cascade Oak Partnership 2023 FIP grant proposal. The purpose of the Gorge Oak Stand Data Collection project is to evaluate oak stands experiencing competition from other tree species on OPRD-managed parks in the Columbia River Gorge and collect information about each sufficient to:
1. Evaluate stand conditions according to data collection protocol provided by OPRD.
2. Determine needs and urgency for release of oaks from competition, through recommendations from consultant and review/decision by OPRD.
3. Identify other site needs, such as where site prep may be needed to address invasive species prior to or during release treatments.
4. Determine feasibility of oak release at a given site based on factors like access, slopes, etc.
5. Categorize stands into groups with a high priority (Tier 1), a lower priority (Tier 2), and a No Action group (based on lack of stand viability or feasibility), allowing OPRD to allocate resources in the future for oak release treatments using both contract crews and staff.
6. Document baseline stand conditions against which future stand conditions can be compared.
As a result of this solicitation process, OPRD intends to award one (1) contract for the services described in this Solicitation Document. The form of the resulting contract and applicable general provisions are included in section 1.2 SCOPE OF SERVICES below.
TIME IS ESSENSE OF THIS PROJECT.
· The anticipated Project Start Date is in early April 2023 and the Project Completion Date is June 30, 2023.
· The estimated project days are approximately 50 days – (1) 40 days of field work and (2) 10 days of GIS and reporting work.
· See 1.2.2 Project Timeline.
· Project Timeline for Contingency Tasks and funds will be updated by Amendments after the execution of the Contract.
· The initial term of this Contract is set for ending June 30, 2023 with an option to renew for an additional year to perform Contingency Tasks.
| 1.2 | SCOPE OF SERVICES |
| 1.2.1 | Oak Stand Management Objectives |
The objective of this assessment is to gather information necessary for OPRD to prioritize and make management decisions, budget allocations, permitting arrangements, etc. - as necessary to implement on-the-ground restoration in a later implementation phase. Among OPRD’s land management goals for priority oak stands are to:
1. Eliminate competition for light, water, and nutrients between Oregon white oak and Douglas fir and other tree species in viable oak stands starting in 2023 and making annual restoration plans to continue under the identified priorities are complete.
2. Improve understory conditions in priority oak stands where needed and where feasible.
3. Implement oak stand release with a prioritized approach, based on feasibility (including considerations of access, slopes, hazards) and urgency (degree of competition and stand viability).
| 1.2.2 | Project Timeline |
| Time Period | |
| Task |
| April 1, 2023-June 1, 2023 |
| · Complete field data collection |
| June 1, 2023-June 30, 2023 |
| · Create final report, revise based on OPRD’s review/feedback. |
| TBD |
| · Contingency Task: Additional acres of field data collection and reports in County(ies) identified by OPRD. |
1.2.3 Area of Focus
1. Oak Release Scoping Polygons:
Using a combination of remote sensing and some ground-truthing, locations have been identified with Oregon white oak that appear to have significant conifer presence in the canopy as visible on the aerial photo. These stands are the primary focus of the data collection effort and are the locations where the bulk of the data collection effort will take place. The remote sensing was done in 2014.
There are 93 individual polygons identified in the GIS feature class comprising 227 acres and additional acres (contingent upon funding availability) of mapped oak habitat; less than a dozen have been ground-truthed to confirm oak competition is occurring or evaluate conditions on the ground. Some of these polygons may be eliminated from evaluation and the need for a site visit due to factors such as: determining that access is impossible, or arrival at the site and finding no oaks present. Some locations that show up as individual polygons are likely part of the same oak stand, and in these cases, polygons can be lumped. Generally, the nearby clusters of oak release scoping polygons in the eastern Gorge can be lumped together when observed to be contiguous or nearly contiguous on the ground, and can be evaluated as larger units than were originally mapped.
2. Other Oak Stands:
Oak-dominated stands without conifers above the oak canopy have also been identified using remote sensing techniques. In some cases, these stands are adjacent to/in between the oak release scoping polygons described above. These stands should be evaluated in a less intensive manner than the oak release scoping polygons where they occur adjacent to those polygons, to identify general stand conditions qualitatively and identify management needs, such as the presence of Douglas fir below the canopy, or large amounts of invasives. The purpose of this work is to determine if preventative release work needs to happen in these stands to protect oaks; the intensity and quantity of data collection, and the distance into the polygons that data should be collected, should be determined on a case by case basis in order to make this determination.
1.2.4 Tasks
1. Review OPRD oak stand data collection ESRI Survey 123 collection application (app) with OPRD.
2. Train field crews in data collection app usage and project details.
3. Determine access routes for each target polygon.
4. Plan work to begin visits and order progression through the workload to follow phenology of vegetation in the gorge.
5. Data collection can continue from early April 2023 to June 1, 2023.
6. Create a project report summarizing: methods, general discussion of the project, difficulties encountered, recommendations for scope improvements, general narrative results, management recommendations for each polygon or group of adjacent polygons, and discussion of operational considerations for management and feasibility.
7. Review report with OPRD and revise as needed.
8. Contingency Tasks: Provide additional acres of oak stand data collection and report per OPRD’s request.
1.2.5 Deliverable – Oak Stand Data
1. Summary of data to be collected using OPRD data collection utilities. The following is a summary of the of attributes to be collected for each oak stand. OPRD will provide some of this data where indicated; the remainder shall be collected by Consultant. Each site evaluation will involve a qualitative/summative narrative and mapping element, as well as plot based “cruise” metrics:
a. Stand-level Qualitative/summative data Stand level data is to be collected for every remote-sensing-identified target polygon (or for an inscribing polygon encompassing multiple remote-sensing-identified targets) unless access is unsafe. Stands that are unsafe to access may be assessed from a distance (e.g., from across a canyon, from above, etc.) if the necessary data can be collected that way with the naked eye or with binoculars.
· Observer
· Site identification
· Reference Polygon number(s) – these numbers are in the Oak Release Scoping feature class. This shall serve as the reference identifiers to crosswalk each for each assessed unit with the remote-sensed targets. More than one polygon number from the oak reconnaissance feature class can be ascribed to “lumped” polygons.
· Site Boundary
· Digitize the boundary of the unit after lumping and otherwise editing the remote-sensed units
· One GPS-ed photopoint location per polygon with photos in the 4 cardinal directions
· List, characterize, and quantify biophysical features
· Drainage features (areas of waterlogging, waterbodies, wetlands, drainage patterns). OPRD will provide GIS data on likely streams and wetland locations. This data should be verified in the field and added to as needed.
· Percentage cover of these features within polygon as a whole
· These features may be digitized where their position is important to operational planning of forestry work
· List, characterize and quantify key natural features of interest that may support wildlife of interest, for example: talus slopes, caves, rocky cliffs, granary trees, boulder fields.
· Percentage cover of these features within polygon as a whole
· These features may be digitized where their position is important to operational planning of forestry work
· Narrative discussion of areas that contain remnant grassland or prairie species composition, including:1) still-existing native prairie or meadow patches or 2) recently encroached prairie or meadow habitats. Prairie or meadow may be indicated by the presence of wildflowers such as shooting star, camas, larkspur, etc.
· Percentage cover of these features within polygon as a whole
· These features may be digitized where their position is important to operational planning of forestry work
· Narrative discussion of granary trees and nest presence for raptors, cavity nesting bird species and Western grey squirrel.
· These features may be digitized where their location is discernable
· The presence may be simply noted if behaviors implying nest presence are observed but no nest is seen
· Narrative discussion of cultural and historic resources or evidence of past land uses, for example: any circular or rectangular depressions, barbed wire fencing, cattle troughs, roads and trails (not already mapped in OPRD data), logging equipment, evidence of past mining or farming activities, dumpsites, old structures or foundations.
· These features may be digitized where their position is important to operational planning of forestry work
· Narrative description of evidence of encroachments or trespass, for example: tent or other camping in undeveloped areas, active grazing, etc.
· Narrative discussion of appropriate logging systems, access & feasibility
· Generally, describe feasibility or why it isn’t feasible. If not feasible, then don’t collect detailed data (include items like… no roads, no access, extreme hazards)
· Observational subjective stand characteristics
· Stand level canopy closure for conifers, oaks, and other hardwoods
· Stand-level density (tpa)
· Stand-level approximate conifer density (tpa)
· Stand-level approximate shrub layer percent cover
· Stand-level approximate herb layer percent cover
· Stand-level median conifer DBH
· Stand-level minimum conifer DBH
· Stand-level maximum conifer DBH
· Stand-level narrative on degree of other tree species competition with oak
· Stand-level density of non-oak snags over 8" DBH (in TPA)
· Do trees in the stand show evidence of burn scars
· Root Disease rating for stand
· Insect Damage rating for stand
· Foliar Damage rating for stand
· Physical Damage rating for stand
· Relative Amount of Invasive Spp in stand
· Relative Amount of Invasive Spp
· List dominant invasive species and percent or areal covers
· List EDRR species and areal coverage
· Oak Characterization
· Stand-level density of oaks in TPA
· Stand-level percent of oak trees exhibiting open grown form
· Stand-level percent of oak trees exhibiting columnar form
· Stand-level percent of oak trees exhibiting vase form
· Stand-level percent of oak trees exhibiting doghair/pencil form
· Stand-level percent of oak trees exhibiting irregular form
· Percent of oak component made up of clones rather than individually seeded trees
· Average percent dead crown in oaks
· Percent of trees in stand that are oaks
· Stand-level oak average height
· Stand-level oak median DBH
· Stand-level oak DBH max
· Evidence of oak density being too high (intraspecific competition)
· Other notes on oak health, vigor, including acorn abundance if detectable
· Oak mistletoe abundance discussion
· Assessment of stand vulnerability and urgency of release from competition
· Presence of legacy oaks
· DF Characterization
· % DF Composition
· Avg DF Height
· Avg DF DBH
· Avg age of DF
· DF DBH max
· Form Class FC= DIB/DBH*100
· WH Characterization
· % WH Composition
· Avg WH Height
· Median WH DBH
· WH DBH max
· Avg age of WH
· Form Class FC= DIB/DBH*100
· PP Characterization
· % PP Composition
· Avg PP Height
· Median PP DBH
· PP DBH max
· Avg PP Age
· Form Class FC= DIB/DBH*100
· Other Conifer Characterization
· % other conifer spp composition
· Avg other spp. HT
· Median DBH
· OC DBH max
· Avg other conifer age
· Form Class FC= DIB/DBH*100
· General Stand-level comments and notes
b. Cruise data Cruise plots must be selected from every target unit identified in the remote sensing for which: 1) there is safe access; 2) oaks and encroaching conifers are present; and 3) some sort of encroachment mitigation entry is possible - whether that is commercial, drop/lop/scatter, or snag creation. Additional encroached oak units discovered in fieldwork that were not originally identified in the remote sensing may also have cruise plots installed if the stands are high priorities for management because of high ecological value and/or operation efficiencies with other neighboring stands.
· Plot Location
· Locate Plots no closer than ½ chain (33’) from stand boundaries and road corridors
· Relocate plots in ½ chain increments perpendicular from stand boundaries and road corridors
· DO NOT inventory unsafe plots, e.g., on cliff, in lake
· GPS each plot using the OPRD data collection utility
· Mark Plot Center with Pin Flag, Purple Flagging, Plot Number, and Cruiser’s Initials.
· Start plot from North and spin plot clockwise.
· Fixed radius sapling and Veg plot are nested at Variable Radius Plot center.
· Plots spaced to provide data resolution sufficient to achieve >=15% standard deviation on volume… coefficient of variation.
· In small stands there will be at least 1 plot/acre. And use an appropriate BAF to meet 15% standard deviation spec.
· If slope 10% or less then evenly space plot placement.
· If >10% slope plot then placements can be random.
· Variable Radius (VR) Plots
· Choose appropriate BAF for conifers in stand –
· Record BAF used
· An average of 8 trees per plot is desired
· Tally 5” (4.6”) DBH class and larger
· DBH by 1” class
· Grade each log segment in every tree, on every VR plot
· % Defect for each log segment.
· Use “U” for utility only if the log segment has too much defect (Usually sweep) to make a sawlog
· All log lengths are 40’ max
· Grades
· Do not grade Oak
· BAF plot data, individual trees
· Species
· Diameter @ Breast Height (4.5’) – Nearest Inch except for site trees
· Grade each log segment
· DF
· Sawmill grades
· SP (special mill) min length 17’/24” or more
· No. 1 min length 16’/ top dia 30” or more
· No. 2 min. len. 12’/ top dia. 12” or more
· No. 3 min len. 12’/top dia. 6” or more
· No. 4 none/none 33.3% merch.
· No. 5 cull
· Hemlock/true fir
· SP (special mill) min length 17’/24” or more
· No. 1 min length 16’/ top dia 24” or more
· No. 2 min. len. 12’/ top dia. 12” or more
· No. 3 min len. 12’/top dia. 6” or more
· No. 4 none/none 33.3% merch.
· No. 5 cull
· PP
· camp run (no grade)
· Length of log segment
· Defect % of log segment
· Total Height
· Percent Live Crown
· Oak Crown Form
· Comments
· Fixed Radius (FR) Plots
· Group tally by Species and DBH class
· Tally Saplings by 1-in class by species, 8” and less
· Record average Crown Ratio and average Height for group tally
· Plot size:
· hardwoods: 1/20 ac plot size= 23.55’ radius. Tally all oak <= 8” DBH in stand if stand is 1 ac or less
· For conifers: 1/50 ac plot size = 16.6’, all trees DBH <=8”
· Individual tree-size-group data
· Species
· DBH group
· Tree Count for Group Tally
· Vegetation (VEG) Plots
· Group Tally shrub vegetation by species, record percent cover, and height by group.
· Only record 4 most dominant veg species.
· Species
· Percent cover 0-100; record to nearest 5%
· Height; group tally to nearest 5ft
· Group Tally herbaceous vegetation by species, record percent cover, and height by group.
· Only record 4 most dominant veg species.
· Species
· Pctcover – Percent cover 0-100; record to nearest 5%
2. Nearby encroached oak stands not in remote sensing polygon
Note any observed nearby (within 500 ft) stands experiencing conifer competition not identified in original polygons and collect data to characterize general conditions and need for management. For these stands, use only the stand level characterization metrics and narrative. Other oak stands experiencing encroachment issues encountered along the path of travel to and from pre-identified oak assessment target polygons may also be assessed for stand level characterization fields in the app if the stands are high priorities for management because of high ecological value and/or operation efficiencies with other neighboring stands.
3. Conditions Where Polygon Data Should Not be Collected
In the following situations, it is acceptable that no data is collected for a polygon:
a. Access to the area is impossible and no stand-level narrative description can be done by viewing from the nearest safe location
b. There are no oak trees in the stand
4. Reports Contents
The project report should include the following section at a minimum:
a. Methods
b. General discussion of the project, difficulties encountered, recommendations for scope improvements, general narrative results, management recommendations for each polygon or group of adjacent polygons, discussion of operational considerations for management and feasibility
c. Revisions based on OPRD review
1.2.6 Oak Shape Examples
a. Open grown/mushroom shape – Rounded top, large or numerous lateral branches.
NOTE: the open grown/mushroom shape includes trees that have experienced lower branch dieback but were originally open grown/mushroom shaped, such as in the photos below.
More images of mushroom shape are shown on the following page
b. Columnar shape – Shaped like a cylinder with similar width in lower and upper canopy.
c. Vase shape – Fewer lower, lateral branches than mushroom or columnar shapes, canopy goes from narrow to wide as you move up trunk.
d. Doghair/pencil shape – Few or no lateral branches, small diameter trunk with “poof” of live canopy at the top.
e. Other/irregular shape – other shapes that do not fit into the other categories.
1.2.7 Significant Invasive Species to Map and Discuss Where Observed
| 1.3 | ADDITIONAL INFORMATION |
| 1.3.1 | Tobacco Free Properties. Offerors need to be aware that Executive Order 12-13 established statewide policy that properties wholly owned or leased by the State of Oregon shall be tobacco free. If Offeror is selected for contract award, Offeror, and its employees, agents and subcontractors will be expected to comply with established smoking restrictions while performing services on State property. |
| 2. | SOLICITATION PROCESS |
| 2.1 | PROCUREMENT AUTHORITY AND METHOD |
OPRD is conducting this Procurement under the authority granted in ORS 279A.050(6)(d). This Procurement is conducted under intermediate procurement procedures per ORS 279B.070 and in accordance with OAR 137-047-0270, Intermediate Procurements.
2.2 GENERAL DEFINITIONS
Capitalized terms in the Solicitation Document have the meaning set forth below, and if not defined below, the meaning set forth in the Attorney General’s Model Public Contract Rules (OAR Chapter 137), and if not defined there, the meaning set forth in the Public Contracting Code (ORS Chapters 279A, 279B and 279C). Other capitalized terms may be defined in the section in which they appear.
2.3 PROCUREMENT SCHEDULE
The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Standard Time. OPRD may modify the schedule at its sole discretion.
| Solicitation Issued/Posted on OregonBuys | March 17, 2023 |
| Questions for Clarifications Due …. | March 21, 2023 at 1:00 PM |
OPRD’s Answers to Questions (Approximate Date)…………………………..March 23, 2023
| Closing/Offers Due/Opening | March 28, 2023 at 1:00 PM |
| Intent to Award (Approximate Date) | March 31, 2023 |
| 2.4 | OREGONBUYS SYSTEM |
| 2.4.1 | Registration Requirement. 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 on the top right corner of the OregonBuys website: https://oregonbuys.gov/bso for registration assistance, see vendor registration guidance. Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. OPRD will not be responsible for defective registration or incorrect vendor information. |
| 2.4.2. | Obtaining ITB Documents. This ITB, ITB attachments and any Addenda and notices (“Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso Solicitation documents will NOT be mailed, emailed, faxed or otherwise transmitted or delivered to prospective Offerors. Offerors are solely responsible for checking OregonBuys regularly until the Offer Opening Date and time specified in OregonBuys to assure that they have not missed any Addenda or other notices issued as “Amendments” in OregonBuys for this ITB. | |
| 2.5 | INQUIRIES AND CHANGES | |
| 2.5.1 | Single Point of Contact. Offerors shall address ALL INQUIRIES related to this Solicitation to the individual identified below by email or phone: | |
| NAME, TITLE: | Nameun House, Procurement and Contract Specialist | |
| EMAIL: | Nameun.House@oprd.oregon.gov | |
| PHONE: | 971-975-8289 | |
| 2.5.2 | Requests for Clarification. A prospective Offeror may request clarification of any provision contained in this Solicitation Document. Any request for clarification must: |
· Be submitted in writing to the Single Point of Contact at: Nameun.House@oprd.oregon.gov and indicate OregonBuys Bid No. S-63400-00006062 / OPRD Procurement No. 9467 on the written request; and
· Be received by the deadline for inquiries designated in section 2.3 Procurement Schedule, or as changed by Amendment/Addenda.
At its sole discretion, OPRD will respond to such requests received by direct response to the requestor, by issuing clarification(s) in the form of Questions and Answers posted on OregonBuys, or by issuing changes in the form of Addenda posted on OregonBuys. OPRD’s clarification to an Offeror’s request, whether orally or in writing, does not change this Solicitation Document and is not binding on OPRD unless the Solicitation Document is amended by Addendum in accordance with section 2.5.3 below.
| 2.5.3 | Changes to Solicitation Document. Changes to the Solicitation Document will be made only by Addenda issued by OPRD and posted on OregonBuys https://oregonbuys.gov/bso. |
| 2.6 | OFFER REQUIREMENTS |
Offers must be completed and submitted via OregonBuys on the forms and in the format required in ATTACHMENT 1 – OFFER FORMS attached to this Solicitation Document:
2.6.1 Offer Content – ATTACHMENT 1 - OFFER FORMS (Pages 17 and 18 of this Solicitation Document/ITB) The Offer must be complete in all respects, including necessary signatures, certifications, documentation, and responses to any other information required by this Solicitation Document, including but not limited to the following:
A. OFFER FORMS PART I. Contractual Acceptance Form (Page 17 of this ITB) The Offer must contain a completed Contractual Acceptance Form (Attachment 1) including an original signature of the Offeror or a representative of the Offeror who is authorized to commit the Offeror to legal contracts. The person signing the Offer shall initial any alterations or erasures in ink. By submitting its Offer, an Offeror agrees to be bound by the terms and conditions contained in this Solicitation Document. An Offeror shall not make an Offer conditional upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document.
B. OFFER FORMS PART II. Pricing Proposal Form (Page 18 of this ITB) The Offer must contain a completed Pricing Proposal Form. All Pricing Proposals must be valid for 60 days from Closing.
2.6.2 Offer Submission
Acceptable Delivery and Receipt. To be considered Responsive, Offers must be submitted to OregonBuys https://oregonbuys.gov/bso prior to Closing date and time.
| 2.6.3 | Offer Withdrawal. An Offer submitted in response to this Invitation to Offer may be withdrawn by the Offeror prior to Closing. To withdraw an Offer, Offeror’s authorized representative must submit an email to the Single Point of Contact, Nameun House at: Nameun.House@oprd.oregon.gov. |
| 2.6.4 | Offer Costs. All costs associated with preparation, submission, modification and withdrawal of an Offer are the sole responsibility of the Offeror and will not be borne by OPRD. |
| 2.7 | OFFER OPENING |
Offers will be opened virtually via Microsoft Teams Meeting by Single Point of Contact accessing Offers submitted to OregonBuys at the Closing date and time designated in section 2.3 Procurement Schedule or as changed by Addendum. Only the names of the Offerors, if applicable, will be made available at time of opening.
3. PROCUREMENT REQUIREMENTS AND EVALUATION PROCESS
Offers received prior to Closing will be evaluated in accordance with the evaluation process described below, OAR 137-047-0270, and any other applicable rules and statutes.
3.1 DISQUALIFICATION OF PROPOSALS
Any attempt by an Offeror to improperly influence the evaluation process will result in the disqualification of that Offeror’s Offer from consideration.
3.2 CANCELLATION OF SOLICITATION
Any time during the Solicitation Process, OPRD may cancel this Solicitation or reject any and all Offers in accordance with ORS 279B.100.
3.3 ADMINISTRATIVE REVIEW
Offers will be evaluated for compliance with the Offer requirements identified in section 2.6 OFFER REQUIREMENTS for Responsiveness. Offers deemed non-responsive will be rejected. Offers deemed Responsive will be further evaluated as described below.
| 3.4 | RESERVED |
| 3.5 | PRICING |
For all Responsive Offers, Pricing submitted in accordance with the requirements described in section 2.6.1. B. OFFER FORMS PART II. Pricing Proposal Form and will be evaluated to determine the lowest total Offer for the selected items identified as those items to be used in award determination.
3.6 METHOD OF AWARD
Only Responsive Offers will be considered for award. In accordance ORS 279B.070(4), if a contract is awarded, OPRD shall award the contract to the Offeror whose Offer will best serve the interests of OPRD, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility.
3.7 OFFEROR RESPONSIBILITY
In accordance ORS 279B.110, OPRD may contact any references (whether or not provided by Offeror) and request any additional information deemed necessary to determine the Responsibility of the Offeror to provide the Goods or Services.
| 4. | AWARD PROCESS |
| 4.1 | INTENT TO AWARD |
OPRD will notify all Offerors via Notice (Amendment) posted on OregonBuys of the selected Offeror. This announcement will serve as notice to all Offerors that OPRD intends to award a contract to the selected Offeror subject to the successful negotiation of any negotiable provisions.
| 4.2 | CONTRACT REQUIREMENTS |
| 4.2.1 | Contract Form. The Offer is an offer to enter into a contract that, if accepted for award, binds the Offeror to a contract and the terms and conditions contained in this Solicitation Document. See Attachment 2 Sample Contract for reference. |
An Offeror shall not make an Offer contingent upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document. The process for requesting changes to the Contract terms and conditions is described in section 2.5 Inquiries and Changes of this Solicitation Document.
OregonBuys Bid No. S-63400-00006062 OPRD Procurement No. 9467
4.2.2 Insurance. Prior to execution of the Contract, the selected Offeror shall provide to OPRD certificates and additional insured endorsements of the insurance coverage identified in Attachment 2 – Sample Contract, Exhibit C (Insurance Requirements) or as otherwise specified in this Solicitation Document.
ATTACHMENT 1 – OFFER FORMS
PART I: CONTRACTUAL ACCEPTANCE FORM
OFFEROR SHALL PROVIDE ALL APPLICABLE INFORMATION REQUESTED BELOW
***THIS ATTACHMENT MUST BE COMPLETED AND UPLOADED INTO OREGONBUYS***
OFFEROR’S LEGAL NAME: (TAX FILING) __________________________________________________________ OFFEROR’S MAILING ADDRESS: ________________________________________________________________
OFFEROR’S BUSINESS DESIGNATION: (CHECK ONE)
| |_| | Partnership | |_| | Limited Partnership | |_| | Limited Liability Partnership |
| |_| | Corporation | |_| | Professional Corporation | |_| | Limited Liability Company |
| |_| | Sole Proprietorship | |_| | Other: ____________________________________________ |
OFFEROR’S FEDERAL TAX ID NUMBER: (NOT SOCIAL SECURITY NUMBER) _________________________ Tax information is requested pursuant to ORS 305.385 and will be used for the administration of state, federal and local tax laws. OPRD may report the information provided to the Internal Revenue Service (IRS) under the name and taxpayer identification number provided.
OFFEROR’S OREGON BUSINESS REGISTRATION NUMBER: _________________________________
(OREGON SECRETARY OF STATE, CORPORATIONS DIVISION)
Go to http://www.filinginoregon.com/ for information on how to register to do business in Oregon.
OFFEROR IS A RESIDENT OFFEROR: |_| YES |_| NO
ORS 279A.120(1)(b): “Resident Bidder” means an Offeror that has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of the Offer, has a business address in Oregon and has stated in the Offer whether the Offeror is a “resident bidder” under this paragraph.
OFFEROR IS AN OREGON CERTIFIED FIRM: (CHECK ALL THAT APPLY)
| |_| | Minority Business Enterprise (MBE) | |_| | Emerging Small Business (ESB) |
| |_| | Women Business Enterprise (WBE) | |_| | Disadvantaged Business Enterprise (DBE) |
Go to http://www.oregon4biz.com/Grow-Your-Business/Business-services/Minority-Owned-Business-Certification/ for information on the OMWESB certification program.
OFFEROR’S CONTACT INFORMATION:
AUTHORIZED REPRESENTATIVE TITLE
PHONE FAX EMAIL
THE INDIVIDUAL SIGNING ON BEHALF OF OFFEROR HEREBY ACKNOWLEDGES AND CERTIFIES THAT:
· He/she is authorized to act on behalf of Offeror;
· The supplied Contractor data is true and accurate;
· To the best of his/her knowledge, Offeror is not in violation of any Oregon tax laws;
For the purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620. [ORS 305.380(4)]
· Offeror has completely read and understands the provisions of the Solicitation, including any Addenda issued;
· The Offer was prepared independently from all other Offerors, and without collusion, fraud, or other dishonesty;
· Offeror has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against any minority, women or emerging small business enterprise certified under ORS 200.055 or a business that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining any required subcontract;
· Offeror accepts and agrees to be bound by all the terms and conditions of the Contract awarded;
· Offeror agrees to provide all Goods and Services required to be provided under the Contract;
· Offeror has the available resources, including staffing, to perform the Services in a reasonable timeframe to pursue OPRD’s objectives; and
· By submitting a response to this Solicitation, Offeror grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.
SIGNATURE OF OFFEROR’S AUTHORIZED REPRESENTATIVE DATE
PART II – PRICING PROOSAL FORM
***THIS ATTACHMENT MUST BE COMPLETED AND UPLOADED INTO OREGONBUYS***
PRICING REQUIREMENTS
· Offeror MUST provide (1) OFFEROR’S ESTIMATED TOTAL NOT-TO-EXCEED AMOUNT and (2) BREAKDOWN OF THE ITEMS and OFFEROR’S HOURLY RATES.
· OPRD reserves the right to award all, COST including part, or none of the Offer items, whichever is in the best interest of the State.
· Offeror provide its Staff Title/Role for this project under OFFEROR’S STAFF and enter hourly rates, estimated hours for working on the Project, and the Total Labor Cost per Staff.
· Offeror may provide descriptions of items and enter the total amount per each item.
· All pricing must be valid for 60 days from closing date indicated in the Procurement Schedule.
1. OFFEROR’S ESTIMATED TOTAL NOT-TO-EXCEEED AMOUNT (inclusive of equipment, mobilization, travel & misc. and sum of all labor. Excludes Contingency Task):
2. BREAKDOWN OF THE COST
| ITEMS |
| DESCRIPTION |
(Offeror may add description of each item)
TOTAL AMOUNT PER EACH ITEM
Equipment
Mobilization cost
Travel and misc.
| OFFEROR’S STAFF (e.g. Forester, GIS Tech, etc.) |
| HOURLY RATES |
| ESTIMATED HOURS |
| TOTAL LABOR COST PER EACH STAFF |
| Enter Staff Title/Role |
| $ /hour |
| hours |
| $ |
| Enter Staff Title/Role |
| $ /hour |
| hours |
| $ |
| Enter Staff Title/Role |
| $ /hour |
| hours |
| $ |
| Enter Staff Title/Role |
| $ /hour |
| hours |
| $ |
| Enter Staff Title/Role |
| $ /hour |
| hours |
| $ |
| Enter Staff Title/Role |
| $ /hour |
| hours |
| $ |
ATTACHMENT 2 – SAMPLE CONTRACT
State of Oregon Contract for Services OPRD Contract#: 9467 Project: Gorge Oak Stand Data Collection This Contract (“Contract”) is between the State of Oregon (“State”), acting by and through its Oregon Parks and Recreation Department (“OPRD” or “Agency”), and Company Name (“Contractor”).
Throughout the Contract, OPRD and Contractor are referred to individually as “Party” and collectively as “Parties.”
RECITALS
OPRD issued a solicitation (OPRD Procurement No. 9467 and OregonBuys No. S-63400-00006062) for Gorge Oak Stand Data Collection (“Project”) consisting of the following:
· Field observation and plot data collection for pre-identified oak stands using the OPRD-provided data collection Survey123 app.
· Preparation of a project report upon completion of field work.
Contractor submitted an offer (bid) in response to the solicitation offering to provide the Services pursuant to the terms and conditions set forth herein. OPRD desires to award the Contract to Contractor.
OPRD has authority to enter into this Contract pursuant to Oregon Revised Statute (“ORS”) 390.121. OPRD has authority to enter into procurement contracts pursuant to ORS 279A.050(6)(d).
CONTRACT
NOW, THEREFORE, in consideration of the foregoing recitals and subject to the covenants, terms, and conditions set forth below, the Parties agree as follows:
1. CONTRACT DOCUMENTS
This Contract consists of the following documents, which are listed in descending order of precedence, in the event of conflicts or discrepancies: this Contract less all exhibits; Exhibit A (Statement of Services); Exhibit B (Compensation); Exhibit C (Insurance). Exhibits A through C are attached and incorporated by this reference.
2. CONTRACT PERIOD
This Contract is effective on the date it has been signed by all parties and all required State of Oregon approvals have been obtained. Unless extended or terminated earlier, this Contract terminates on June 30, 2023 or until OPRD process the final invoice after accepting Deliverable – Oak Stand Data.
3. SERVICES REQUIRED
Contractor shall perform the services set forth in the attached Exhibit A (Statement of Services) according to the terms of this Contract.
| 4. | COMPENSATION |
| 4.1 | Contractor shall be compensated based on the provisions set forth in the attached Exhibit B (Compensation) subject to the terms of this Contract. |
| 4.2 | OPRD’s payment obligations under this Contract are conditioned upon OPRD’s receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow OPRD, in the exercise of its reasonable administrative discretion, to meet its payment obligations under this Contract. |
| 4.3 | Contractor is not entitled to receive payment under the Contract from any part of Oregon state government other than OPRD. Nothing in the Contract is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon. |
| 5. | AMENDMENTS |
| 5.1 | This Contract may be amended to the extent allowed by applicable law and Oregon Administrative Rule 137-047-0800. |
| 5.2 | No amendment to this Contract is effective unless it is in writing signed by the Parties and all required State of Oregon approvals have been obtained. |
| 6. | NOTICES |
All Notices required under this Contract will be in writing and addressed to the Party's appropriate authorized representative, as identified below. Mailed Notices are deemed received five (5) days after mailing when properly addressed and deposited prepaid into the U.S. postal service. Notices delivered by personal delivery are deemed received when delivered to the Authorized Representative personally or to the Authorized Representative’s physical address specified below. E-mail Notices are deemed received upon electronic confirmation of receipt. Faxed Notices are deemed received upon electronic confirmation of successful transmission to the designated fax number.
6.1 Contractor’s Representative
Contractor’s Name Contractor’s Authorized Representative Address Email address Phone number
6.2 OPRD’s Contract Administrator/Authorized Representative
Noel Bacheller Natural Resource Coordinator/Ecologist Oregon Parks and Recreations Department 725 Summer Street NE Suite C Salem, OR 97301 Noel.Bacheller@oprd.oregon.gov 503-559-7713
| 7. | CONTRACTOR REPRESENTATIONS AND WARRANTIES |
| 7.1 | The warranties specified in this Section 7 are in addition to, and not in lieu of, any other warranties provided. All warranties are cumulative and will be interpreted broadly to give OPRD the greatest warranty protection available. |
| 7.2 | Contractor represents and warrants that: |
| A. | Contractor has the authority to enter into and perform according to this Contract, and that this Contract, when executed and delivered, is a valid and binding obligation of Contractor enforceable according to its terms; |
| B. | Contractor has the skill and knowledge possessed by well-informed members of Contractor’s industry, trade or profession and will apply that skill and knowledge with care and diligence and perform the Services in a timely, professional and workmanlike manner according to the highest standards applicable to Contractor’s industry, trade or profession; |
| C. | Contractor is and shall be, at all times during the term of this Contract, qualified, professionally competent, and duly licensed to perform the Services; and |
| D. | Contractor shall ensure that all Services provided under this Contract comply with all applicable federal and state health and safety standards. |
| 8. | TIME IS OF THE ESSENCE |
Contractor agrees that time is of the essence in relation to its performance of its obligations under this Contract.
| 9. | COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS |
| 9.1 | Compliance with Law Generally. Contractor shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to Contractor and the Contract. OPRD’s performance under the Contract is conditioned upon Contractor's compliance with the obligations of contractors under ORS 279B.220, 279B.230 and 279B.235, which are incorporated by reference herein. Without limiting the foregoing, Contractor shall: |
| A. | Comply with OPRD rules and restrictions regarding the use of alcohol, drugs, firearms, or tobacco products made for human consumption (including but not limited to cigarettes, cigars, pipes, chew, snuff, electronic cigarettes and smokeless tobacco) on OPRD property; |
| B. | Obtain and maintain during the term of the Contract, at its own expense, all necessary licenses and permits required for the successful performance of the Services. |
| 9.2 | Oregon False Claims Act. Contractor acknowledges the Oregon False Claims Act, ORS 180.750 to 180.785, applies to any action by Contractor pertaining to this Contract, including the procurement process relating to this Contract, that constitutes a "claim" (as defined by ORS 180.750(1)). By its execution of this Contract, Contractor certifies the truthfulness, completeness, and accuracy of any statement or claim it has made, it makes, it may make, or causes to be made that pertains to this Contract. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false claim or performs a prohibited act under the Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against Contractor. Contractor understands and agrees that any remedy that may be available under the Oregon False Claims Act is in addition to any other remedy available to the State or OPRD under this Contract or any other provision of law. |
| 10. | RECORDS |
| 10.1 | Records Generally. Contractor shall retain, maintain, and keep accessible all records relevant to this Contract (“Records”) for a minimum of six (6) years, or a longer period as may be required by applicable law, following Contract termination or full performance, or until the conclusion of any audit, controversy, or litigation arising out of or related to this Contract, whichever ending is later (“Record Retention Period”). |
| 10.2 | Access to Records. During the Record Retention Period, Contractor shall permit OPRD, its duly authorized representatives, and the federal government access to the Records at reasonable times and places for purposes of examination and copying. |
| 10.3 | Public Records. OPRD’s obligations under this Section 10 shall be subject to the Oregon Public Records Laws, ORS 192.410 through ORS 192.505. |
| 11. | INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES, WITHHOLDING |
| 11.1 | Contractor shall perform all Services as an independent contractor. Although OPRD has the right (i) to determine and modify the delivery schedule for Services to be performed and (ii) to evaluate the quality of the completed performance, OPRD cannot and will not control the means or manner of contractor’s performance, except to the extent that the means and manner in which the Services are to be provided is specifically set forth in or pursuant to Exhibit A. Contractor is responsible for determining the appropriate means and manner of performing any Services required under this Contract. Contractor certifies, represents and warrants that Contractor is an independent contractor of OPRD under all applicable State and federal law. Contractor is not an “officer”, “employee” or “agent” of the State of Oregon or OPRD as those terms are used in ORS 30.265. Neither Party shall make any statements, representations, or commitments of any kind or take any action binding on the other Party except as provided for herein or authorized in writing by the Party to be bound. |
| 11.2 | If Contractor is currently performing work for the State of Oregon or the federal government, Contractor by signature to this Contract represents and warrants: Contractor’s performance of this Contract creates no potential or actual conflict of interest as defined by ORS 244 and that no rules or regulations of Contractor’s employing agency (state or federal) would prohibit Contractor’s performance of this Contract. |
| 11.3 | Contractor is responsible for all federal and state taxes applicable to compensation or payments paid to Contractor under this Contract. OPRD will not withhold from compensation or payments to Contractor any amount(s) to cover Contractor's federal or state tax obligations unless Contractor is subject to backup withholding. Contractor is not eligible for any social security, unemployment insurance or workers’ compensation benefits from compensation or payments paid to Contractor under this Contract. |
| 12. | INDEMNIFICATION; INSURANCE |
| 12.1 | General Indemnity. Contractor shall defend, save, hold harmless, and indemnify the State of Oregon, its agencies, officers, directors, agents, and employees from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever ("Claims") resulting from, arising out of, or related to the acts or omissions of Contractor or its officers, employees, subcontractors, or agents under this Contract. |
| 12.2 | Defense and Counsel. State shall reasonably cooperate in good faith, at Contractor’s reasonable expense, in the defense of claims, and Contractor shall select counsel reasonably acceptable to the Oregon Attorney General to defend such claims and all costs of such counsel shall be borne by the Contractor. Counsel must accept appointment as a Special Assistant Attorney General under ORS Chapter 180 before such counsel may act in the name of, or represent the interests of, the State of Oregon, its agencies, officers, employees or agents. State may elect to assume its own defense with an attorney of its own choice and its own expense at any time State determines important governmental interests are at stake. State agrees to promptly provide Contractor with notice of any claim that may result in an indemnification obligation hereunder. Subject to the limitations noted above, Contractor may defend such claim with counsel of its own choosing provided that no settlement or compromise of any such claim shall occur without the consent of State. |
| 12.3 | Insurance. Contractor shall obtain the insurance set forth in Exhibit C (Insurance) prior to performing under this Contract and shall maintain insurance, as required by OPRD, throughout the duration of this Contract. |
| 12.4 | Personal Property. Contractor agrees that OPRD will not be responsible for the safekeeping of any personal property belonging to Contractor that is stored or kept on OPRD property. Contractor agrees to not hold OPRD liable for any personal property belonging to Contractor that is destroyed by any fire, flood, earthquake or any other natural disaster. Contractor shall be responsible for obtaining insurance to cover any and all personal property. |
| 13. | FORCE MAJEURE |
Neither OPRD nor Contractor are responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by an unallocated risk such as fire, riot, acts of God, terrorism, war, or by any other cause not within the control of the party whose performance is interfered with, and, which by the exercise of reasonable diligence, the party is unable to prevent. In the event of any such delay, Contractor’s obligations are suspended to the extent of and for the duration of such causes. Contractor shall, however, make all reasonable efforts to remove or eliminate the cause of Contractor’s delay or breach and shall, upon the cessation of the cause, continue performing under this Contract with all reasonable diligence. OPRD may terminate this Contract upon written Notice to Contractor after OPRD reasonably determines that the delay or breach will likely prevent successful performance of this Contract.
| 14. | EVENTS OF BREACH |
| 14.1 | Breach by Contractor. Contractor breaches this Contract if: |
| A. | Contractor institutes or has instituted against it, insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; |
| B. | Contractor (a) no longer holds a license or certificate that is required for Contractor to perform its obligations under this Contract and (b) fails to obtain the license or certificate within the time specified by OPRD in a Notice of breach to Contractor; or |
| C. | Contractor (a) commits a material breach of this Contract by failing to comply with any covenant, warranty, obligation or certification under this Contract, and (b) fails to cure the breach within the time specified by OPRD in a Notice of breach to Contractor. |
| 14.2 | Breach by OPRD. OPRD breaches this Contract if: |
| A. | OPRD fails to pay Contractor any amount pursuant to the terms of this Contract and fails to cure the failure to pay within 30 days after Contractor delivers notice of breach to OPRD or a longer period as Contractor may specify in the notice; or |
| B. | OPRD commits any material breach of any covenant, warranty, or obligation under this Contract, fails to perform its obligations hereunder within the time specified or any extension thereof, and OPRD fails to cure the breach within 30 days after Contractor delivers notice of breach to OPRD or a longer period as Contractor may specify in the notice. |
| 15. | REMEDIES |
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