C2022779_RFP_FederalAdvocacyforOregonPorts~1.docx

Request for Proposals:

Federal Advocacy Services for Oregon Ports

Proposal due date: February 27, 2023 at 3:00 PM Pacific Time

OBDD RFP no. C2022779 OregonBuys no.

Open Market Bid S-12300-00005602

Single Point of Contact (SPC):

Mr. Devon Thorson, Contracts Officer Oregon Business Development Department (Business Oregon) 775 Summer St., NE, Suite 200 Salem, OR 97301-1280 Telephone: (971) 600–4484 Email: Devon.T.Thorson@biz.oregon.gov

The Oregon Business Development Department (OBDD or Department) through its Infrastructure Finance Authority (IFA) is seeking federal advocacy services for Oregon ports. The successful proposer (Contractor) will act on the behalf of OBDD and will provide OBDD with representation with appropriate congressional offices and federal agencies to promote continued federal support for water resources and marine development projects for Oregon ports, including continued U.S. Army Corps of Engineers maintenance dredging and navigation improvement projects. The Contract is anticipated to start April 2023.

A personal services contract (Contract) will be offered for an initial two-year period, with an option for OBDD to extend the term by amendment for a maximum of two additional two-year periods. OBDD intends to pay a negotiated fixed monthly fee, not to exceed $7,500 per month. Factors in the decision to extend the term of the Contract will include, but are not limited to, the quality of work, response time, and marketing activity.

The selected Proposer and OBDD will negotiate the final Statement of Work, within the scope of what is advertised here, for inclusion in the final Contract.

1.2 DESCRIPTION OF SERVICES NEEDED \ PROPOSED STATEMENT OF WORK

The Contractor will monitor, and periodically report to OBDD on, policies affecting goods moving through Oregon and Oregon ports, work to preserve continued federal funding for navigational dredging operations in Oregon, and provide continuing technical assistance to OBDD in pursuing other funding opportunities and policies.

In performing the work under this Contract, Contractor must establish and maintain excellent working relationships with the staff of Oregon’s 23 public ports, key trade associations, relevant state and federal agency staff, members of Congress and their staff, relevant Congressional committee staff, state legislative members, and the Oregon governor’s office. Contractor must conduct the majority of its work activities from an established location in Washington D.C. Contractor cannot provide any legal services under this Contract.

The Contractor will meet with port managers, port commissioners, and other port stakeholders virtually or in person at least three times annually to share information about legislative activity in Washington D.C. and solicit feedback about policy and appropriations priorities.

Without limiting the generality of the preceding overview, Contractor will complete the following specific work:

I. INTERMODAL TRANSPORTATION

A. Freight Transportation Contractor will monitor and report on federal policies and legislative initiatives with potential to impact funding for Oregon freight transportation, including policies relating to the United States Department of Transportation, Federal Highway Administration, Federal Railroad Administration, Maritime Administration, Federal Aviation Administration and other federal agencies affecting the movement of goods (via road, rail, air, and water).

B. Water Resources Authorization and Appropriations Contractor will monitor and report on federal policies and legislative initiatives related to water resources, port development, environmental protection, and inter-modal transportation with the potential to affect Oregon ports and the commercial use of Oregon waterways. Tracking should include, but is not limited to proposed and enacted changes to the Clean Water Act, the Water Resources Development Act, the Endangered Species Act, and other related legislation and policies that may arise. This work will include monitoring proposed and enacted changes to federal rules that may impact port activity, including federal permitting requirements and biological opinions and recommended conservation actions.

The Contractor will focus on continued federal funding of operation and maintenance dredging of all federally authorized navigation projects in Oregon and work to identify federal funding sources for dredging marinas and berths located outside federally authorized projects. As part of this effort, the Contractor will monitor budget levels for the U.S. Army Corps of Engineers (USACE) and related activities in Oregon and provide regular updates to OBDD. Contractor will report on the following items:

1. Status of the Harbor Maintenance Trust Fund (HMTF), including the status of implementing policy changes that require the HMTF balance to be spent down over time with emerging harbors receiving a specified percentage of these expenditures annually.

2. Status of the Inland Waterways Trust Fund (IWTF).

3. Opportunities to secure funding for navigation projects through the Congressionally Directed Spending process.

4. The condition of USACE’s dredges and survey vessels, including the need for investment in new equipment.

5. Policy action related to the identification of dredged material disposal sites and related funding needs.

6. Opportunities to support the funding and operational needs of USACE’s four locks and dams on the Columbia River.

The Contractor will also provide assistance with port-specific needs related to federally authorized navigation projects, including but not limited to channel deepening projects and up-river navigation channel issues.

C. United States Coast Guard Contractor will monitor U.S. Coast Guard policy and budget processes that may affect safety at Oregon ports, including but not limited to proposed budget cuts and plans for new vessels and moorage facilities.

D. Federal Funding Opportunities Contractor will identify and advocate policy changes needed to improve the accessibility of grant programs available through federal agencies including but not limited to the U.S. Department of Transportation, Federal Railroad Administration, Maritime Administration, and Economic Development Administration. This may include grant programs created by the Infrastructure Investment and Jobs Act of 2021 and the Inflation Reduction Act of 2022. The Contractor will provide guidance to OBDD and individual ports to craft competitive grant applications.

II. ECONOMIC DEVELOPMENT

A. International Trade Oregon is an export dependent state with an economy that is increasingly affected by global trade and competition. Contractor will monitor and report on policies affecting the import and export of products moving through Oregon ports.

B. Renewable Energy Contractor will monitor and report on federal policies and public engagement processes related to the deployment of offshore wind and wave technologies on the U.S. Pacific Coast.

C. National Oceanic and Atmospheric Administration (NOAA) Fleet The NOAA Marine Operations Center – Pacific (MOC-P) serves as a homeport for two NOAA ships and provides administrative, engineering, maintenance, and logistical support to NOAA’s Pacific fleet. NOAA signed a 20-year lease with the Port of Newport in August 2009 following a competitive lease award process. Contractor will assist the state in preparing to re-compete for this lease as needed.

D. Beneficial Uses of Dredged Material Oregon ports along the Lower Columbia River and the Oregon coast have a high need to utilize dredged material onshore for economically beneficial uses. Contractor will work to identify opportunities to facilitate new uses of this material and help secure any required federal authorizations.

III. NATURAL RESOURCES

A. Fisheries Contractor will monitor and report on federal policies and legislative initiatives impacting commercial and recreational fishing interests in Oregon. Examples of the kinds of fisheries-related issues Contractor should track include, but are not limited to, fishery disaster declarations, relief funding made available by Congress in response to the natural disasters and events such as the COVID-19 pandemic, and National Marine Sanctuary proposals.

B. Climate Contractor will monitor and report on climate-focused federal policies and legislative initiatives that may impact Oregon ports. This activity includes implementation of the Inflation Reduction Act of 2022.

C. Columbia River Treaty The Columbia River Treaty is a 1961 agreement between Canada and the United States on the development and operations of dams in the upper Columbia River basin for power and flood control benefits in both countries. Negotiations between the two countries to modernize the Treaty began in May 2018 and are ongoing. Contractor will monitor and report on negotiations and recommendations that may impact Oregon ports.

IV. Other Port and Maritime Related Issues As mutually agreed upon by OBDD and Contractor, additional work on port and maritime related issues may be undertaken, within the monthly fee. Such issues could include, but are not limited to: implementation of the Infrastructure Investment and Jobs Act of 2021 and Inflation Reduction Act of 2022, policy issues specific to the needs of special districts, emergency response and port resiliency, abandoned and derelict vessels, and any other federal legislation that may directly or indirectly impact Oregon ports.

1.3 QUESTIONS AND CLARIFICATIONS

The Single Point of Contact (SPC) for this RFP is identified on the Cover Page, along with the SPC’s contact information. All inquiries, whether relating to the RFP process, administration, deadlines, award, or to the intent or technical aspects of the services must be submitted in writing (email preferred; mail or fax are acceptable) to the SPC. All inquiries should reference the RFP number; identify Proposer’s name and contact information; and refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number if applicable).

All questions must be received not later than (7) calendar days prior to the Proposal due date specified on the title page of this RFP.

Substantive questions and answers will be issued as official addenda to this RFP. Changes or modifications to this RFP shall be binding on Department only if in the form of written addenda issued by Department.

Proposers who believe RFP specifications are unnecessarily restrictive or limit competition may submit a protest to the SPC. Protests concerning the RFP, including requests for change of particular provisions, specifications, or Personal Services Contract terms and conditions, must be submitted in writing to the SPC not later than (7) calendar days prior to the Proposal due date specified on the cover page of this RFP. A protest must clearly, specifically and in detail explain the reason(s) for the protest and specify any proposed changes to the RFP specifications. Department will respond to protests in writing. Department will not consider any protest of anything contained in the RFP that is submitted after the deadline established in this subsection.

1.4.2 PROTESTS TO ADDENDA

Prospective Proposers may submit a written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

1.4.2 AWARD PROTESTS

An affected offeror will have 7 calendar days from the date of the intent to award notice for this RFP to file a written protest. A Proposer is an affected offeror only if the Proposer would be eligible for an award in the event the protest was successful and is protesting for one or more of the following reasons:

· All higher ranked proposals are non-responsive.

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

· Agency abused its discretion in rejecting the protestor’s proposal as non-responsive.

1.5 DUE DATE

Proposals must be received by February 27, 2023, on or before 3:00 p.m. Pacific Time. Absolutely no Proposals will be accepted after this date and time. OBDD relies on the State of Oregon email system clock to determine the correct time and is not responsible for any delays or difficulties experienced in the transmission of any Proposal. Please do not wait until the last minute to email your Proposal; it will be too late to correct any problems.

1.6 ELECTRONIC RESPONSES BY EMAIL ONLY

Only electronic proposals sent by email are acceptable. Proposals sent by fax, regular mail, or physical deliveries are not acceptable. The email subject or reference line for all submittals must include the RFP title and RFP number.

Proposals will be received only at the SPC’s email address.

1.7 NO LATE OR MISDIRECTED SUBMISSION OF PROPOSALS

Submittals that are late or misdirected will be considered non-responsive, without exception. OBDD is not responsible for errors of any kind involved with electronic submission, nor for notifying Proposers of complete or incomplete receipt of a Proposal.

1.8 FORMAT FOR PROPOSALS

The Department will accept Proposals in electronic files compatible with Microsoft Office applications. The signed cover sheet required by section 1.9 must be submitted as a .PDF file. Files more than 15 megabytes must be submitted incrementally. Proposals must not be submitted as .zip, .exe or .com files.

Proposers may choose how to allocate pages between any sections, within the overall page limit. The Proposal must not exceed 10 pages total (excluding the work sample and Cover Sheet (Attachment A)). Department will consider the pages up to that allowable number and discard all pages in excess of the allowable number. One (1) page is defined as: one side of a single 8-1/2" x 11" page, with 12-point minimum font size for the substantive text. Proposers may use their discretion for the font size of other materials (e.g., graphics, charts). Any page or partial page with substantive text, graphics, charts, resumes, etc., will be counted as one (1) page.

1.9 COVER SHEET

A Proposal must include a completed Cover Sheet (substantially in the form of Attachment A), signed by a duly authorized representative of the Proposer empowered to bind the Proposer.

1.10 PUBLIC RECORDS

This RFP, and one copy of every proposal accepted in response to it, will be kept by Department and made a part of its records. All accepted Proposals will become part of the public file without obligation to Department. If a Proposal contains any information that may be exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.431, the Proposer must clearly designate that portion of its Proposal it considers to be exempt, along with a justification and citation to the authority relied upon. Application of the Uniform Trade Secrets Act (UTSA), ORS 646.461 to 646.475, and the Oregon Public Records Law will determine whether any information is actually exempt from disclosure. Identifying an entire Proposal as exempt from disclosure is not acceptable and will not be effective to exempt the Proposal or any part of it from disclosure. Failure to identify the portion of the Proposal claimed as exempt from disclosure, and to specify a justification and the authority relied upon, will be deemed a waiver of any future claim based on disclosure of that information.

1.11 TERMS AND CONDITIONS

By submitting its Proposal, the selected Proposer agrees to be bound by the terms and conditions of the State of Oregon Personal/Professional Services Contract that is attached to this RFP as Attachment B, including requirements for insurance as determined by Department. Any Proposal that is conditioned on Department’s acceptance of any other terms and conditions or rights to negotiate will be rejected as non-responsive. PROPOSAL SUBMISSION CHECKLIST FOR USE BY PROPOSERS – INFORMATION ONLY

Scoring for Pacific Northwest Advocacy Experience, Federal Legislation Development Experience, Relationships with members of Congress, Qualifications and Capability, and Cost-Value will each be separate, and the evaluation will be scored based on the categories described below.

The combined responses to the criteria in each subsection of this Section 2.0 must not exceed the total allowable page limit described in Section 1.8. The Department will consider the pages up to that allowable number and discard all pages in excess of the allowable number.

2.1 SCORED CRITERIA

Scoring is based on the categories described below, but if not specifically requested here, Proposers must also describe how they meet any other requirements that may be specified in the proposed Statement of Work described above.

1. Pacific Northwest Advocacy Experience 25 Points Describe your specific expertise and experience advocating for specific projects for Pacific Northwest ports that were included in federal appropriations bills. Provide specific examples of your top successes in the last ten years and the names of staff involved.

2. Federal Legislation Development Experience 15 Points Describe your specific expertise and experience in the development of federal legislation that is of importance to Pacific Northwest ports. Provide specific examples of your top successes in the last ten years and the names of staff involved.

3. Relationships with members of Congress. 20 Points Describe your relationships with members of Congress and federal agencies that regulate or fund port activities. Describe your relationships with the above, identifying the names of your staff involved.

4. Qualifications and Capability 20 Points

a) Provide names of key members who will be performing the work on this contract and their responsibilities and areas of their expertise.

b) Please list percentage availability and expected number of hours of work monthly (or explain exceptions) on this contract for all key members.

c) Describe in detail other interests that you represent (including your staff names assigned) in regions that may coincide with Oregon’s needs, or that may conflict with Oregon’s needs.

5. Cost -Value Proposal 20 Points Bid a flat monthly fee, not to exceed $7,500 per month, and describe your proposed level of hourly effort per month and which staff will be providing services. You are encouraged to explain relative competitiveness, and overall value of services to Agency, focusing on characteristics that set you apart from competitors.

4.3 EVALUATION PROCESS

The selection process will be administered in accordance with the authority and procedures in OAR Chapter 123, Division 6 and OAR 137-047-0261. Proposals received on time will be reviewed against any Pass/Fail criteria. Proposals meeting those criteria will be forwarded to an evaluation committee that will independently score each Proposal according to the scored criteria set forth in Section 2.

Without limiting the possibilities allowed under OAR 137-047-0261, the Department may, at any time in its sole discretion, (a) provide notice to a Proposer of selection for Contract negotiation and possible award; (b) gather more information for evaluation; (c) provide notice to a Proposer(s) of non-selection; or (d) provide notification to Proposer(s) that the RFP is cancelled (and either that the RFP may be resolicited or that Department intends to take no further action with respect to the RFP).

The Department reserves the right to employ any of the procedures allowed by Oregon Administrative Rule 137-047-0261, such as additional competitive steps or Proposals, modified or additional selection criteria, interviews, competitive simultaneous discussions or negotiations, etc. Information or issues revealed by a Proposer’s questions or Proposal, may, in the Department’s sole discretion, trigger such modifications or further steps. If there are further steps beyond the initial Proposal and scoring, the scoring results from the first step and any subsequent step will be added together.

Department reserves the right to reject any or all Proposals for good cause if it is in the public interest, and is not liable for any costs a Proposer incurs while preparing or presenting its Proposal or during further evaluation stages.

If negotiations with the top ranked Proposer are not successful, OBDD may terminate negotiations and begin negotiating with the next highest ranked Proposer.

OBDD, in its sole discretion, reserves the right to negotiate all terms and conditions in the attached Sample Contract to the extent allowed by law.

4.2 CERTIFICATES OF INSURANCE AND TAX AFFIDAVIT

The Contractor will be required to provide certificates of insurance for the insurance coverages required by the Personal Services Contract (Attachment B, Exhibit B) and a signed and notarized Affidavit of Compliance with Tax Laws (Attachment C).

4.3 CONTRACTOR RESPONSIBILITIES

The Contractor shall assume responsibility for any and all contractual matters, including performance of work and the stated deliverables finalized in the Contract, whether the Contractor, an agent or an allowed subcontractor produces them.

C2022779_RFP_FederalAdvocacyforOregonPorts.docx Page 2

RFP ATTACHMENT A – COVER SHEET & CERTIFICATIONS

STATEMENT OF PROPOSAL to Oregon Business Development Department __________________________________________ (Legal Name of Proposer) accepts all the terms and conditions contained in the Federal Advocacy Services for Oregon Ports RFP and the attached sample Contract (as they may have been modified or reserved for negotiation).

|_| Corporation |_| Professional Corporation |_| Partnership |_| Limited Partnership |_| Ltd. Liability Company |_| Ltd. Liability Partnership |_| Sole Proprietorship |_| Other __________ Mailing Address

Type name of contact/authorized representative Email address Telephone Other Type name of person(s) authorized to sign Contract Affirmative Action, Nondiscrimination: Department is an equal-employment-opportunity employer and values diversity in its work force. It also requires Proposers to have an operating policy as an equal employment opportunity employer, and to follow good faith diversity efforts when subcontracting.

We certify that we have a formal statement of nondiscrimination in employment policy and have an affirmative action program if over 50 employees. (Firms of 50 people or less do not need a formal program, but must have a policy). Does your firm have 50 or more employees? |_| Yes |_| No We also certify that we have not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055, and will follow good faith efforts in ORS 200.045 during any subcontracting.

Responsibility Certifications Has your company ever been declared in breach of any contract to provide services for unperformed or defective work?

|_| Yes |_| No If “yes,” explain.

Has any employee or agent of your company been convicted under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty?

|_| Yes |_| No If “yes,” explain.

Has your company or any employee or agent of your company been indicted under state or federal false claims or antitrust laws, or charged with any other criminal offense arising out of obtaining, attempting to obtain, or performing a public or private contract or subcontract? |_| Yes |_| No If “yes,” explain.

During the last ten years, has your firm changed majority ownership or been the debtor in a bankruptcy case? |_| Yes |_| No If “yes,” explain.

Does your firm have any outstanding judgments pending against it? |_| Yes |_| No If “yes,” explain.

During the last ten years, has your firm been a party to litigation, arbitration or mediation where the amount in dispute exceeded $10,000? |_| Yes |_| No If “yes,” explain. (Include court, and party names.)

Conflicts of Interest: Please select (only) one of the following three options:

What does “financial interest” mean?

If your firm, or employee of your firm working on the project (or a member of the employee’s household), will/may or may be perceived to receive or lose private income depending on government business choices based on your firm’s services, findings or recommendations, this must be listed as a financial interest. An example would be ownership in physical assets affected by government business choices related to these services. The possibility of contracting for further consulting services is not included in this definition and is not prohibited.

What does “other interest” mean?

If your firm, or employee of your firm working on the project (or a member of the employee’s household), will/may or may be perceived to have political, legal or any other interests that will affect what goes into your firm’s services, findings or recommendations, or will be/may be, or may be perceived to be, affected by government business choices related to these services, this must be listed as an other interest.

Tax Information and Tax Compliance: Any individual signing on behalf of Contractor hereby certifies under penalty of perjury: (a) Contractor’s correct taxpayer identification number is [ ___________]; (b) Contractor is not subject to backup withholding because (i) Contractor is exempt from backup withholding, (ii) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup withholding; (c) s/he is authorized to act on behalf of Contractor, s/he has authority and knowledge regarding Contractor’s payment of taxes, and to the best of her/his knowledge, for a period of no fewer than six calendar years preceding the Effective Date of this Contract, Contractor has faithfully has complied with and is not in violation of: (i) all tax laws of this state, including but not limited to those included in: ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and local taxes administered by the Department of Revenue; (ii) any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor; (iii) any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and (iv) any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions; and(d) Contractor is an independent contractor as defined in ORS 670.600; (e) if required by 40CFR1506.5(c), Contractor has no financial or other interest in the outcome of the project; and (f) in the event that Contractor is a general partnership or joint venture, that Contractor signature(s) on this Contract constitute certifications to the above statements pertaining to the partnership or joint venture, as well as certifications of the above statements as to any general partner or joint venturer signing this Contract.

Signature of Authorized Representative certifying the truth of all statements:

[signature]

RFP ATTACHMENT B – SAMPLE CONTRACT

STATE OF OREGON PERSONAL/PROFESSIONAL SERVICES CONTRACT

Number _____ Title: _____ This Contract is between the State of Oregon, acting by and through its Oregon Business Development Department (“Department”), and ________________________ (“Contractor”).

Any communication or notice by personal delivery will be deemed effective when actually delivered to the addressee. Any communication or notice so addressed and mailed will be deemed to be received and effective five (5) days after mailing. Any communication or notice given by email becomes effective 1) upon the sender’s receipt of confirmation generated by the recipient’s email system that the notice has been received by the recipient’s email system or 2) the recipient’s confirmation of receipt, whichever is earlier. Notwithstanding this provision, the following notices may not be given by email: notice of default or notice of termination.