A&E_RFP_S-DASOBO-00009115_OSMB_Hydraulic_Engineering_Services.pdf

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 1

REQUEST FOR PROPOSALS

Professional Services and Related Services for Hydraulic Engineering Services Price Agreement

STATE OF OREGON

DEPARTMENT OF ADMINISTRATIVE SERVICES

PROCUREMENT SERVICES

ON BEHALF OF

OREGON STATE MARINE BOARD

RFP No: S-DASOBO-00009115 Issuance Date: May 8, 2024

PROPOSALS DUE: May 28, 2024 NOT LATER THAN 2:00 PM (PST)

LATE PROPOSALS WILL NOT BE ACCEPTED

RFP Issue Date: See “Available Date” for this RFP in OregonBuys Proposal/Quote Due Date: See “Bid Opening Date” and time for this RFP in OregonBuys.

Purchaser/Single Point of Contact: See “Purchaser” and “Info Contact” for this RFP in OregonBuys.

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 2

TABLE OF CONTENTS

1.00 GENERAL INFORMATION

1.01 INTRODUCTION AND PUBLIC NOTICE

1.02 OREGONBUYS

1.03 OBTAINING RFP DOCUMENTS

1.04 RFP ATTACHMENTS

1.05 SOLICITATION SCHEDULE

1.06 PREPROPOSAL CONFERENCE

1.07 SINGLE POINT OF CONTACT (“SPC”)

1.08 STATEMENT OF DEI VALUES

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 PROCUREMENT AUTHORITY

2.02 APPLICABLE LAW

2.03 PROCUREMENT METHOD

2.04 DEFINITIONS

2.05 PROPOSER CERTFICATION

3.00 PROJECT INFORMATION AND SERVICES SOUGHT

3.01 GENERAL BACKGROUND AND PROJECT DESCRIPTION

3.02 SERVICES SOUGHT

3.03 RESERVED

3.04 RESERVED

3.05 PRICE AGREEMENT DURATION

3.06 RESERVED

3.07 PROJECT REQUIREMENTS/DESIGN REQUIREMENTS

3.08 SILENCE OF SPECIFICATION

4.00 PROCUREMENT PROCEDURES AND REQUIREMENTS

4.01 SOLICITATION PROTESTS AND RQUESTS FOR CLARIFICATION OR

CHANGE

4.02 DISPUTES

4.03 COST OF PREPARATION OF PROPOSAL

4.04 OREGON PUBLIC RECORDS LAW; CONFIDENTIAL OR PROPRIETARY

INFORMATION

4.05 FIRM OFFER

4.06 PROPOSAL FORMAT AND CONTENTS

4.07 MODIFICATION OR WITHDRAWAL OF PROPOSAL

4.08 PUBLIC OPENING

5.00 EVALUATION AND SELECTION

5.01 RESPONSIVENESS REVIEW

5.02 CLARIFICATION OF RESPONSES

5.03 MINOR INFORMALITIES

5.04 POINT AND SCORE CALCULATIONS

5.05 RESERVED

5.06 INTERVIEWS AND PRESENTATIONS

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 3

5.07 SCORING AND RANKING OF PROPOSERS; DETERMINATION OF

APPARENT SUCCESSFUL PROPOSER

5.08 SELECTION NOTICE AND PROTEST OF PROPOSER SELECTION

6.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

6.01 RESPONSIBILITY DETERMINATION

6.02 APPARENT SUCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.03 PRICE AGREEMENT

6.04 SUBSEQUENT NEGOTIATIONS

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

200.200; ORS 279A.105)

1.00 GENERAL INFORMATION

1.01 INTRODUCTION AND PUBLIC NOTICE

The Department of Administrative Services, Procurement Services (“Contracting Agency”) is issuing this Request for Proposals on behalf of the Oregon Marine State Marine Board (“OMSB” or “Agency”), seeking Proposals from Professional and Related Services Consultants to provide hydraulic engineering design and analysis services in support of the OSMB infrastructure projects associated with public recreational boating facilities and predominantly water dependent amenities throughout the State of Oregon. Secondary services may include geotechnical and structural engineering.

OSMB anticipates to award up to three (3) Price Agreements from this RFP with a firm qualified to provide the Services described in this RFP under which OSMB will issue Work Order Contracts (“Work Order” or WOC”) for specific projects on an as-needed basis during the term of the Price Agreement.

The initial term and WOC assignment period of the resulting Price Agreement will be two (2) years.

This initial term may be extended at OSMB’s sole discretion for additional time periods for a maximum overall term limit of ten (10) years.

Additional details on the Scope of the Services are described in the Section 3.02 (Services Sought) of this RFP and in Exhibit A of the Sample Price Agreement (Attachment 4 of this RFP). More information is provided in Section 3.01 of this RFP.

Definitions are located in Section 2.04.

1.02 OREGONBUYS

1.02.1 Electronic Procurement System.

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

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 4

1.02.2 Registration Required.

All vendors must be registered in OregonBuys to do business with the state.

Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website (https://oregonbuys.gov/bso).

For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf)

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

1.02.3 User Guides.

See(https://www.oregon.gov/Agency/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

1.02.4 Electronic Signatures.

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

1.02.5 Failure of Electronic Procurement System

Per OAR 125-247-0330(6) in the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Contracting Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

1.02.6 Technical Difficulties; Late Submission

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

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

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

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 5

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

1.03 OBTAINING RFP DOCUMENTS

The RFP and attachments are published in the State of Oregon’s electronic eProcurement system OregonBuys 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 regularly checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

1.04 RFP ATTACHMENTS

The following are attachments to this RFP:

ATTACHMENT A -- SAMPLE PROFESSIONAL SERVICES PRICE AGREEMENT

ATTACHMENT B -- PROPOSER INFORMATION AND CERTIFICATIONS FORM

ATTACHMENT C -- RESERVED

ATTACHMENT D -- CERTIFIED DISADVANTAGED BUSINESS FORM AND OUTREACH PLAN

ATTACHMENT E -- RESPONSIBILITY INQUIRY FORM

ATTACHMENT F -- REFERENCE QUESTIONNAIRE

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

• Details entered in the Header Information section;

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

Attachments and Form Attachments subsections; and

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

1.05 SOLICITATION SCHEDULE

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

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 6

Schedule Item Date Pre-Proposal Conference See Section 1.06.

Deadline for Proposer questions 10 calendar days prior to the Bid Opening Date in OregonBuys Bid Solicitation page for this RFP

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

Proposal submittal deadline See “Bid Opening Date” and time in OregonBuys Bid Solicitation page for this RFP.

Proposal Opening 5/28/2024 at 2:00 PM PST

Completion of Proposal evaluations Estimated 5 calendar days after Bid Opening

Completion of interviews (if conducted)

N/A

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

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

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

Price Agreement execution Estimated within 7 calendar days of negotiation completion

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

1.06 PREPROPOSAL CONFERENCE

Contracting Agency will not conduct a pre-Proposal conference for this RFP.

1.07 SINGLE POINT OF CONTACT (“SPC”)

The SPC for this RFP is identified on the OregonBuys, 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.

1.08 STATEMENT OF DEI VALUES.

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

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 7

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 PROCUREMENT AUTHORITY

Contracting Agency is conducting this RFP according to its authority under ORS 279A.050(2)(a).

2.02 APPLICABLE LAW.

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

Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and Administrative Rules of the Oregon Department of Administrative Services (OAR Chapter 125 Division 246 and OAR Chapter 125 Division 248). The RFP and resulting price agreement(s) may be subject to other laws and rules, including OAR 125- 248-0270 and OAR 137-048-0270 regarding Price Agreements.

2.03 Procurement Method – Professional Services.

Contracting Agency is conducting this RFP in conformance with ORS 279C.110, OAR 125-248- 0220 – Formal Selection Procedure.

2.04 DEFINITIONS

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

Terminology specific to the OregonBuys system may be found at:

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

For purposes of this RFP:

“Agency” refers to the Agency that the procurement is being conducted on behalf of;

“Amendment” as used in OregonBuys means “Addendum or “Addenda”, as defined in OAR 125- 246-0110(1);

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

“Bid Opening Date” means “closing” as defined in OAR 125-246-0110(26). Proposal “Opening” as defined in OAR 125-246-0110(99) will immediately follow;

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

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

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 8

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

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

“Contracting Agency” means the Department of Administrative Services Procurement Services;

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

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

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

“Price Agreement” is as defined in OAR 137-048-0110(3);

“Project” means the constructed facility or other improvement that Consultant has been retained to design or provide services for;

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

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

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

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

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

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

“Services” means the services to be performed pursuant to the price agreement and resulting work order contracts;

“State” means State of Oregon;

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 9

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

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

“Work Order Contract” or “WOC” means a contract resulting from the Price Agreement; and

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

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

2.05 Proposer Certification

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

3.00 PROJECT INFORMATION AND SERVICES SOUGHT

3.01 GENERAL BACKGROUND AND PROJECT DESCRIPTION

A function of the OSMB is to provide facility grant funds to local governments, State and Federal agencies for the development, replacement, or renovation of public recreational boating facilities.

Facility infrastructure can include boat ramps, docks, piers, parking facilities, sanitation facilities, marine sewage disposal facilities and other miscellaneous infrastructure facilities such as, gangways, debris deflection booms and pilings.

OSMB offers technical assistance to grant recipients by providing design and engineering support for funded Projects. On occasion, engineering design and engineering analysis services are required for these infrastructure projects to supplement the expertise of OSMB staff.

OSMB has a need for consultants to provide on-call professional engineering design and analysis services. The purpose of this RFP is to solicit for a Price Agreement for Hydraulic Engineering Design and Analysis.

Although the estimated project costs for the Services provided under the resulting Price Agreement is unknown, the estimated spend under the Price Agreement awarded under this RFP is estimated between $100,000 and $1,000,000.

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 10

3.02 SERVICES SOUGHT

OSMB seeks hydraulic engineering design and analysis for infrastructure improvements associated with public recreational boating facilities and predominantly water dependent amenities (such as boat ramps, docks, piers, parking facilities, sanitation facilities, marine sewage disposal facilities) and related improvements (such as gangways, debris deflection booms and pilings), including:

Primary Services:

• Complete 1-D and 2-D hydraulic modeling

• Preparation of required hydraulic and hydrologic data collection

• FEMA no-rise certification, sediment transport analysis, scour analysis

• Documentation, reports, summaries

• Calculations

• Preliminary designs

• Design review

• Environmental permit support

• Final designs including plans, specifications, estimates

• Inspection services

Supplemental Services:

• Geotechnical boring and analysis

• Structural analysis

• Calculations

The Services and associated deliverables for the prospective Price Agreement are further described in Exhibit A, of Attachment 4 of the [Sample] Consultant Professional Services Work Order Contract (RFP Attachment A).

3.02.1 Federal Funding Requirements

Individual WOCs entered into pursuant to the prospective Price Agreement may include federal funding. If federal funding is involved, Owner will notify Consultant during the WOC Assignment Process and the federal funding requirements will be included in the WOC.

3.03 RESERVED

3.04 RESERVED

3.05 PRICE AGREEMENT DURATION

The initial term and WOC assignment period of the resulting Price Agreement will be two (2) years.

This initial term may be extended at OSMB’s sole discretion for additional time periods for a maximum overall term limit of ten (10) years.

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 11

3.06 RESERVED

3.07 PROJECT REQUIREMENTS/DESIGN REQUIREMENTS

3.07.1 Use of Recycled Products

Successful Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services, pursuant to OAR 125- 246-0321.

3.07.2 State Energy Efficiency Design (SEED) Program

It is the policy of the State that facilities to be constructed by authorized state agencies be designed, constructed, renovated and operated so as to minimize the use of energy resources and to serve as models of energy efficiency. Successful proposer shall be responsible for providing a design consistent with the requirements of the SEED Program, reducing building energy use 20% or more than the state energy code pursuant to ORS 276.900 and OAR Chapter 330, Division 130.

3.07.3 Green Energy Technology

Successful Proposer shall be responsible for providing a design that includes green energy technology, based on an amount equal to at least 1.5% of the total contract price for the Project, and all necessary documentation, consistent with the Green Energy Technology requirements provided under ORS 279C.527 and ORS 279C.528.

3.07.4 Background Checks

Successful Proposer, at Owner’s request, shall be responsible for running background checks (Criminal Records Checks, also referred to as CRC) and screening each Consultant employee before that employee will be authorized to perform any Services under the PA. The Consultant’s employee shall complete the security clearance background request and submit these completed items to Owner, for screening by mail, common carrier or hand carry. Consultant shall not submit completed CRC forms by email or fax. Owner will submit Criminal Justice Information Services (CJIS) documents to Salem OSP, Identification Services Section (ISS) and report the results back to the Consultant with a pass or fail.

A one-time CJIS criminal history background check will also be required for each Consultant Project Manager when required to access specific facilities to provide Services under a WOC.

3.08 SILENCE OF SPECIFICATION

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

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 12

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

4.00 PROCUREMENT PROCEDURES AND REQUIREMENTS

4.01 REQUESTS FOR CLARIFICATION; SOLICITATION PROTESTS/ REQUESTS

FOR CHANGE

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

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

Contracting Agency will resolve all timely protests submitted in accordance with OAR 125- 248-0240. Contracting Agency will address all timely submitted requests for change within a reasonable time following Contracting Agency’s receipt of the request and once addressed, will promptly issue a written decision on the request via OregonBuys.

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

4.02 DISPUTES

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

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 13

4.03 COST OF PREPARATION OF PROPOSAL

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

4.04 OREGON PUBLIC RECORDS LAW; CONFIDENTIAL OR PROPRIETARY

INFORMATION

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

If a Proposer believes that any portion of a Proposal contains any information that may be considered exempt from disclosure as a trade secret under ORS Chapter 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate the portions of its Proposal that Proposer believes are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal, in whole, as a trade secret, confidential or otherwise exempt from disclosure is not acceptable. Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under Oregon Public Records Law. If Proposal fails to identify the portions of the Proposal that Proposer believes are exempt from disclosure, Proposer is deemed to have waived any later claim of an exemption or request for non-disclosure of that information.

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

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

4.05 FIRM OFFER

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

4.06 PROPOSAL FORMAT AND CONTENTS

All Proposal documents requiring Signature must be signed by an authorized representative of the Proposer. The Proposal documents received by Contracting Agency may contain “Electronic Signatures”. Contracting Agency reserves the right at any time to require the submission of the hard copy originals of any documents included in the Proposal.

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

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 14

Proposals must not exceed 25 pages. Any pages exceeding the maximum number of pages shall not be evaluated. If there is any question as to format requirements contact the SPC for clarification.

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

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

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

4.07 MODIFICATION OR WITHDRAWAL OF PROPOSAL

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

4.08 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.05.

Only the name of the Proposer will be read at the Opening, no other information will be made available at that time.

The public Opening will be held via virtual meeting and interested parties may attend the public Opening through the following link: [Insert TEAMS link].

5.00 EVALUATION AND SELECTION

Contracting Agency will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 125-248-0130 and this RFP.

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

The outcome of the evaluation process may, in Contracting Agency’s sole discretion, result in:

(a) notice to Proposer(s) of selection for Contract negotiation and possible award; or (b) cancellation of this RFP and either re-issuance of this RFP in the same or revised form or no further action by Contracting Agency with respect to this RFP. Alternatively, Contracting Agency may determine it will take further steps to gather additional information for evaluation (e.g. notice of interviews, requesting clarification).

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 15

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

5.01 Responsiveness Review.

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

5.02 Clarification of Responses.

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

5.03 Minor Informalities.

Contracting Agency, in its sole discretion, may waive minor informalities or allow a Proposer to correct them. Minor informalities are: (1) matters of form rather than substance when evident in the Proposal, or (2) insignificant mistakes that can be waived or corrected without prejudice to other Proposers.

Examples of minor informalities include Proposer’s failure to:

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

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

5.04 POINT AND SCORE CALCULATIONS.

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

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 16

Evaluation Criteria 1.) Cover Letter

Available Points: 5 The Cover letter should address the Proposer’s willingness and commitment, if selected to provide the services offered and a brief description of why the Proposer believes it should be selected. The letter should include the name of the firm and the name, title, telephone number, and email address of the individual(s) authorized to represent the Proposer with respect to the RFP, Proposal, and any resulting contract negotiations. The letter must be signed by the Proposer, if an individual, or a legal representative of the Proposer’s entity authorized to bind the entity in contractual matters. The letter must include a statement that Proposer agrees to accept the terms and conditions of the contract provisions.

2.) Proposer Experience, Key Personnel and Qualifications

Available Points: 30

Proposer should provide an overview of Proposer’s experience and qualifications with respect to the delivery of the Services described in this RFP. Proposer should list individual team members and subconsultant team members the Proposer proposes to assign to or utilize for the Services. Proposer should provide relevant information for each of the proposed team members, including names of staff and position, professional qualifications, and relevant experience.

Provide any applicable experience and certifications and include a current resume for each (not to exceed two (2) pages each). (Note – Resumes are not included in the Proposal page count).

Proposer should also provide a list and description of similar projects that it has completed within the last five (5) years.

Proposer should provide a portfolio of three previous recreational water structures, which best highlight the concepts and design goals as outlined in the Scope of Work. The portfolio should consist of photographs and verbal descriptions of the recreational water structures to explain the design concept and the approach to the design.

3.) Understanding of Requested Services, Approach and Implementation

Available Points: 25 Proposer should describe its understanding of the intent and the requirements of the Services being requested in this RFP, the scope of the Services and its overall plan to complete the Services in support of the Project. Proposer should prepare an example design concept for evaluation.

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 17

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

Proposer should describe its methods of coordinating and expediting all elements to meet delivery schedules without sacrificing quality. Proposer should describe its approach to adjusting schedules when needed or adjusting its level of effort in order to meet a schedule while staying within a stated budget.

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

4.) Statement of Work Available Points: 35 Proposer should develop its proposed Statement of Work by adding sufficient detail to included items and eliminating those not needed. The Statement of Work should include and describe in sufficient detail all work and services required by this RFP, including Section 3.02 (Services Sought) and Exhibit A ([Sample] Statement of Work]) of Attachment 4 ([Sample] Consultant Professional Services Work Order Contract), and should address all design considerations and requirements described therein.

5.) DEI Values and Practices Available Points: 5 Pursuant to Executive Order 22-15, Contracting Agency is considering Proposer’s DEI values and practices as part of this evaluation. Please describe Proposer’s DEI values and practices. Note: please do not include any information contained within the Certified Disadvantaged Business Form and Outreach Plan addressed in Section 7.0 and Attachment D to this RFP, as this evaluation criterion is separate and apart from that requirement. The Certified Disadvantaged Business Outreach Plan will not count towards the available points for this evaluation criterion.

6.) Required Forms:

Available Points: Pass/Fail

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

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

RFP)

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

d. Resumes

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

5.05 RESERVED

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 18

5.06 RESERVED

5.07 SCORING AND RANKING OF PROPOSERS; DETERMINATION OF APPARENT

SUCCESSFUL PROPOSER

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

• Total Evaluation Criteria Score = Total of all evaluator scores for a given Proposal, divided by the number of evaluators.

• Final Score = Total Proposal Score.

5.08 SELECTION NOTICE and PROTEST OF PROPOSER SELECTION

Contracting Agency will notify all Proposers, through OregonBuys, of the selection status.

Contracting Agency will resolve all timely submitted protests in accordance with OAR 125-248- 0240. All costs of a protest shall be the responsibility of the protesting Proposer and undertaken at its expense. The State and Contracting Agency shall not be liable for any of the Proposer's costs or expenses incurred or related to filing the protest, on any basis, express or implied.

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

Single Award. In the event of an award to a single Proposer, a Proposer who claims to have been adversely affected or aggrieved by the selection of the higher ranked Proposers may submit a written protest of the selection to the Contracting Agency no later than the date set forth in RFP Section 1.05. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Services described in the RFP.

Multiple Award. In the event of an award to more than one Proposer, a Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposers may submit a written protest of the selection to the Contracting Agency no later than seven (7) calendar days after the date of the selection notices, unless a different deadline is indicated in the RFP. A Proposer submitting a protest must claim that the protesting Proposer is one of the highest ranked proposers because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP, or because a sufficient number of Proposals of higher ranked Proposers failed to meet the requirements of the RFP. In the alternative, a Proposer submitting a protest must claim that the Proposals of all higher ranked Proposers, or a sufficient number of higher ranked Proposers, are not qualified to perform the Services described in the RFP.

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 19

6.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

6.01 Responsibility Determination.

Prior to award, Contracting Agency will determine if an apparent successful Proposer is responsible, which may include investigation of references. Contracting Agency reserves the right to investigate references including others than those provided in the Responsibility Inquiry Form (Attachment E). Investigation may include past performance of any Proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers.

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

6.02 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

The highest-ranked Proposer who is found to be responsible and selected for a Price Agreement award under this RFP will be required to submit, in addition to any information or certifications required pursuant to the Proposer Information and Certification Sheet (Attachment B), the following information to Contracting Agency within five (5) calendar days of Selection Notice. Contracting Agency will, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if Proposer is unable to provide this information within this timeframe or as otherwise deemed reasonable by the Contracting Agency.

6.02.1 Certificates of Insurance.

The apparent successful Proposer shall provide (electronically via email) Certificates of Insurance to Contracting Agency for levels of Insurance coverage shown in Exhibit C of the Sample Work Order Contract (Attachment 4 to RFP Attachment A). Apparent successful Proposers that have current Certificates of Insurance (with all required coverages and not specific to a particular project) on file with Contracting Agency will not be required to resubmit these.

6.02.2 Business Registry Number/Registered Agent

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

https://sos.oregon.gov/business/Pages/register.aspx.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents: https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx.

https://sos.oregon.gov/business/Pages/register.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 20

For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules (https://sos.oregon.gov/business/pages/laws-rules.aspx). The titles in this subsection are available on the Secretary of State’s Business site: https://sos.oregon.gov/business/Pages/default.aspx.

6.02.3 W-9 Form

The apparent successful Proposer(s) shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) if either of the following apply:

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

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

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

6.02.4 Joint Venture/Partnership Information

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

6.02.5 Certificate of Pay Equity Compliance

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

6.03 PRICE AGREEMENT

6.03.1 Form of Price Agreement.

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

https://sos.oregon.gov/business/pages/laws-rules.aspx https://sos.oregon.gov/business/pages/laws-rules.aspx https://sos.oregon.gov/business/Pages/default.aspx

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 21

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

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

6.03.2 Negotiations.

The Contracting Agency will begin negotiating a Price with the highest ranked Proposer and will direct negotiations toward discussing, refining and finalizing the following:

(A) The Statement of Work, including the specific scope of Services to be provided by the Consultant;

(B) The Consultant’s performance obligations;

(C) Payment methodology, Consultant’s rates for the Services required under the Price Agreement that are fair and reasonable to the Contracting Agency as determined solely by the Contracting Agency, taking into account the value, scope, complexity and nature of the Services.

6.03.3 Funding Contingency.

Proposers are advised that the award and potential dollar amount of the Price Agreement, including as may be amended within the Scope of Work identified in this RFP, are contingent upon Contracting Agency receiving approval of funding for use under this RFP as determined by Contracting Agency in its sole discretion.

6.03.4 Amendment.

Contingent upon Contracting Agency’s need, Consultant’s performance, and the availability of approved funding, Contracting Agency may later amend the Price Agreement as necessary to complete the Services contemplated by this RFP and the Price Agreement, provided the amendments are within the Scope of Work described in this RFP.

S-DASOBO-00009115 DAS A&E & Related Services RFP OSMB – Hydraulic Services Page | 22

6.04 SUBSEQUENT NEGOTIATIONS.

Contracting Agency will, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if Contracting Agency and Proposer are unable for any reason to reach agreement on a Price Agreement within a reasonable amount of time. If negotiations with any Proposer do not result in a Price Agreement within a reasonable amount of time (as determined in the sole discretion of Contracting Agency) Contracting Agency may end this solicitation.

Contracting Agency, in its sole discretion, may proceed with a new solicitation for the same Services or consider any other options available under the applicable rules, laws, and policies.

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

ORS 279A.105):

Participation By Disadvantaged Business Enterprises, Minority-Owned Businesses, Woman- Owned Businesses, Businesses Owned by Service-Disabled Veterans and Emerging Small Businesses.

Consultant must complete the Certified Disadvantaged Business Form and Outreach Plan, Attachment D. If there may be opportunities for subcontractors to work on the Project, Proposer must develop an outreach plan to describe its good faith efforts to ensure that Certified Firms are provided an equal opportunity to…