Compost Market Study RFP final 06202024.pdf

OregonBuys Bid #S-34000-00010747

STATE OF OREGON

COVER PAGE

Department of Environmental Quality is issuing this Intermediate Procurement under S-34000-00010747 for

COMPOST INFRASTRUCTURE & MARKET STUDY

Date of Issue: 6/20/2024

Opening Date (Offer Due): 7/22/2024 at 5:00 PM PT

Single Point of Contact (SPC): Stephanie Brandon, Procurement & Contract Specialist

Address: 700 NE Multnomah Street, Suite 600 City, State, Zip Portland, OR 97232 Phone (voice) 503-229-5057 E-mail: BIDSDEQ@deq.oregon.gov mailto:BIDSDEQ@deq.oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFER CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 PRICE EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Environmental Quality, (“Agency” or “DEQ”), is issuing this Intermediate Procurement for a Contractor to perform research on statewide food waste recovery infrastructure and markets. Work is expected to include: assess Oregon’s existing food recovery system capacity; identify barriers to expanding capacity; assess potential for expanding capacity to meet future needs, and provide recommendations for interventions that will help Oregon reach its commitment of 50-percent food waste reduction (includes food waste prevention, rescue and recovery) by 20301. A final report will be due to DEQ by 3/1/2025.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

Agency anticipates the award of one Contract from this solicitation. The initial term of the Contract is anticipated to be 2 years with options to renew up to an anticipated maximum of 4 years. Agency estimates this work can be completed at a cost of $125,000.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation.

Event Date Time

Pre-offer Conference July 2, 2024 11:00 AM

Questions / Requests for Clarification Due July 9, 2024 5:00 PM

Opening (Offer Due) July 22, 2024 5:00 PM

Issuance of Notice of Award (approx.) August 7, 2024

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

1 Oregon DEQ is a jurisdiction partner in the Pacific Coast Food Waste Commitment, for more details: https://pacificcoastcollaborative.org/food-waste/ https://pacificcoastcollaborative.org/food-waste/

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110. Terminology specific to the OregonBuys e-procurement system may be found at https://oregonbuys.gov/bso/.

2.2.2 Project Specific Definitions

“Material (Food) Recovery”: Any process of obtaining from solid waste, by resegregation or otherwise, materials that still have useful physical or chemical properties and can be reused, recycled, or composted for some purpose. (OAR 340-090-0080)

“Food Waste”: Waste from fruits, vegetables, meats, dairy products, fish, shellfish, nuts, seeds, grains, and similar materials that result from the storage, preparation, cooking, handling, selling or serving of food for human consumption. “Food Waste” includes but is not limited to excess, spoiled or unusable food and includes inedible parts commonly associated with food preparation such as pits, shells, bones, and peels. “Food Waste” does not include dead animals not intended for human consumption or animal excrement. (OAR 340-090- 0080)

“Composting”: The managed process of controlled biological decomposition of organic or mixed solid waste. It does not include composting for the purposes of soil remediation.

Compost is the product resulting from the composting process. “Composting” includes both aerobic composting and anaerobic digestion. (OAR 340-090-0080)

“Waste Prevention”: means reducing the amount of solid waste generated or resources used, without increasing toxicity, in the design, manufacture, purchase or use of products or packaging. "Waste Prevention" does not include reuse, recycling or composting. (OAR 340- 090-0080)

“Food Rescue”: the practice of safely retrieving wholesome food still fit for human consumption that would otherwise be left unharvested or go to animal feed or a composting facility, anaerobic digestion facility, energy recovery facility, or other disposal site and redistributing that food through a food assistance program. (OAR 340-090-0080)

“Collection Companies”: The entity or person who provides the collection service of solid waste or recyclable material.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html https://oregonbuys.gov/bso/

2.3 OVERVIEW AND PURPOSE

The Oregon Environmental Quality Commission (EQC) adopted Materials Management in Oregon: 2050 Vision and Framework for Action. The 2050 Vision serves as the state’s plan for achieving sustainable management of materials across their full life cycle, which includes the end-of-life management of materials that directs them to their highest and best use. The 2050 Vision tasks DEQ, among other things, with developing policies and regulations to ensure food waste is sustainably managed in Oregon through recovery of food waste otherwise destined for landfill or incineration to more sustainable processes such as composting or anaerobic digestion (AD). The capture of emissions from organic waste in landfills to generate energy is excluded. For more details on the 2050 Vision, go to https://www.oregon.gov/deq/mm/pages/framework.aspx

In Oregon, food waste makes up a significant amount of the materials that are landfilled. On average, about 15% of the materials in Oregon landfills is food waste. This food waste decomposes and releases methane, a potent greenhouse gas. According to The U.S.

Environmental Protection Agency (EPA) report, “From Field to Bin: The Environmental Impacts of U.S. Food Waste Management Pathways (Part 2)”, compost and AD are environmentally preferable management practices when compared to landfill from both a global warming potential standpoint and a sustainable food production perspective. The recovery of food waste through composting and AD produces a marketable product that, when utilized during food production, has many additional environmental benefits, including decreased reliance on chemical fertilizers, enhanced soil water retention and the revitalization of marginal soils. For more details on the EPA’s report, go to https://www.epa.gov/land-research/field-bin-environmental-impacts-us-food-waste-management-pathways

To keep food waste out of landfills, the Oregon Legislature set a statewide goal (ORS 459A.010(1)(c)) of recovering 25 percent of food waste from landfills by 2020 to be diverted to other beneficial uses, primarily composting and AD. Despite ongoing efforts to improve the recovery of food waste, Oregon did not meet its statutory recovery goal in 2020, recovering only 10 percent. In response, DEQ conducted an analysis of food waste generation in Oregon and in a 2022 report to the Legislature, committed to further evaluation of the challenges to improving food waste recovery rates and development of policy to overcome those challenges. This report, 2020 Recovery Rates for Plastic Waste and Food Waste Report to the Legislature, can be found at https://www.oregon.gov/deq/get-involved/pages/reports-to-legislature.aspx

DEQ is interested in exploring policy and programmatic options that will help Oregon meet its recovery goals. DEQ staff has already conducted initial research, including a literature review and engagement with relevant parties in listening sessions. Listening session participants included collection companies, compost facilities, operators of anaerobic digestion facilities, and local government solid waste management officials. The research and engagement findings have been used to inform how DEQ will navigate the future of work related to recovery and how recovery fits into DEQ’s food systems strategy. The findings also identified topics that DEQ may explore in more detail, such as facility processing capacity, infrastructure needs, and market development.

As a result of its initial research, DEQ has identified core values that are the building blocks of a successful recovery policy. These core values are informed by the primary research and engagement conducted by DEQ staff and have been developed to guide the Agency’s approach to this work:

https://www.oregon.gov/deq/mm/pages/framework.aspx https://www.epa.gov/land-research/field-bin-environmental-impacts-us-food-waste-management-pathways https://www.epa.gov/land-research/field-bin-environmental-impacts-us-food-waste-management-pathways https://www.oregon.gov/deq/get-involved/pages/reports-to-legislature.aspx

• Recovered food should go to its highest and best use.

• The benefits of food waste collection and recovery should be spread equitably across the state.

• Food waste collection and recovery should consider the desire of local jurisdictions to protect local food systems and make them more resilient.

• Food waste recovery policy should not undermine high priority efforts to maximize prevention of food waste in the first instance.

• Food waste recovery service should be available to all people in Oregon where feasible.

DEQ needs to improve its understanding of existing food waste processing capacity, as well as the potential for expansion of that capacity in the near and longer term. For this reason, DEQ is seeking a contractor to conduct research that will: (1) assess Oregon’s existing food recovery system capacity; (2) identify barriers to expanding capacity; (3) assess potential for expanding capacity to meet future needs, and (4) provide recommendations for recovery interventions that will help Oregon reach its commitment of 50 percent food waste reduction by 2030.

2.4 SCOPE OF WORK/SPECIFICATIONS

DEQ is seeking a Contractor to work in collaboration with DEQ Materials Management staff to perform a study of Oregon’s food waste recovery infrastructure and markets. This project will include research, analysis, and the preparation of responses in both draft and revised/final form. DEQ anticipates that this work will involve the following tasks:

Task 1: Write detailed Work Plan & attend project kick-off meeting

The Contractor shall draft a comprehensive Work Plan outlining the methodologies, timelines, and deliverables for the research project. This plan will serve as a blueprint for project management and execution. Upon completion of the Work Plan, the Contractor will convene a project kick-off meeting with the DEQ Project Team. The purpose of this meeting is to present the Work Plan, solicit feedback, and collaboratively refine project tasks and deliverables as necessary.

Key Components of the Work Plan:

• Methodology: Detail the approach, techniques, and tools to be utilized in conducting the research.

• Timeline: Establish milestones, deadlines, and dependencies to ensure timely project completion.

• Deliverables: Identifying outputs such as reports, surveys, presentations, and stakeholder communications.

• Communication Strategy: Outline channels and process of communication between Contractor and DEQ staff, and between Contractor and project stakeholders.

Task 2: Assess Oregon’s existing food waste recovery system

Oregon has 48 DEQ-permitted aerobic compost facilities, numerous farm composting operations overseen by the Oregon Dept. of Agriculture and roughly 12 anaerobic digesters, on farms and commercial, only some of which are operational. Oregon also has several anaerobic digesters operating at wastewater treatment plants, several planning to accept food waste in the future. However, information regarding the amount of food waste proposed to be processed by these facilities is not well understood. The Contractor will conduct a comprehensive statewide survey of Oregon’s existing compost and AD infrastructure to understand current processing capacities of all existing commercial, farm and wastewater treatment facilities that process food waste and methodologies utilized. For this study, food waste collected and processed for livestock feed or fed directly to livestock will not be included. DEQ is interested in information on the following topics:

• Identify all facilities processing Oregon-generated food waste (including operations outside of Oregon).

• Identify current methods used for processing food waste in Oregon.

• Information on the type, source and amount of organic feedstock processed by facilities.

• Identify existing markets for finished products.

Task 3: Assess potential for expansion to meet future needs

DEQ understands that, to increase food waste recovery, food waste collection services will need to be introduced to more communities in Oregon and increased processing capacity will likely be necessary to process additional feedstocks. DEQ is seeking information on the amount of infrastructure and market growth necessary to process this waste. Building on the work in Task 1, the Contractor will assess the potential for expanding the capacity of existing commercial, farm, and wastewater treatment plant processing infrastructure to process food waste and estimate the amount of industry growth necessary to process 25 percent, 50 percent, and 75 percent of Oregon-generated food waste. DEQ is interested in information on the following topics:

• Existing and future processing capacity including currently unused or underused permitted and operational processing capacity.

• Growth potential of existing processing facilities and suggestions for new future processing facilities.

• Assess the existing and future capacities of wastewater treatment plants to accept food waste. Identify the types of food wastes anticipated.

• Assess the infrastructure and financial needs for aerobic and AD facilities to add or increase capacity to process food waste.

• Estimate the amount of processing capacity necessary to process 25-percent, 50-percent and 75-percent of Oregon’s food waste.

• Assessment of market development required for increased available end-products.

Task 4: Identify barriers to expansion

Increasing opportunity and decreasing barriers will be necessary to increase recovery rates.

DEQ’s early conversations with interested parties detailed many barriers to expansion across the food recovery system. Further understanding of these barriers will help DEQ and its partners to generate strategic and effective solutions. DEQ is interested in information on the following topics:

• Evaluate the impact of expansion on collection companies, processors, local governments, and solid waste ratepayers (e.g., potential need for rate increases, implementation burdens, etc. (estimates only, not specific fiscal impacts)).

• Evaluate the impact of contamination on processing infrastructure and markets for end products.

• Identify existing or potential barriers (e.g., land-use laws/permits) that could limit expansion of food recovery infrastructure.

Task 5: Draft report summarizing findings in Tasks 1-4 and provide recommendations for DEQ to consider when exploring future policy and programmatic options for increasing food waste recovery in Oregon.

DEQ is interested in exploring options that will help Oregon increase food waste recovery.

Building on findings in the previous four tasks, the Contractor will develop recommendations regarding actions/interventions for increased recovery rates, including specifically, any recommendations to remedy barriers to implementation.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

To be considered for evaluation, Offeror must demonstrate how Offeror meets all of the following requirements:

o Experience in evaluation of solid waste systems o Data analysis

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file.

Offeror shall submit one electronic copy of its Offer. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

3.2.2 Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system. Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

• Be submitted via OregonBuys or to BIDSDEQ@deq.oregon.gov.

o If submitting via OregonBuys: Questions can be submitted by navigating to the bid solicitation and entering questions in the Q&A tab.

o If submitting to BIDSDEQ@deq.oregon.gov, you will receive an email confirmation that Agency received your question(s). If you don’t receive a confirmation, please contact the SPC.

• Refer to the specific area of the solicitation being questioned (i.e., page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

3.3.3 Pre-Offer Conference

A pre-submittal conference will be held at the date and time listed in the Schedule.

Prospective Offerors’ participation in this conference is highly encouraged but not mandatory.

The purpose of the pre-submittal conference is to:

• Provide additional description of the project;

• Explain the solicitation process; and

• Answer any questions Offerors may have related to the project or the process.

Statements made at the pre-submittal conference are not binding upon Agency. Offerors may be asked to submit questions in Writing.

3.3.3.1 Attendance at Pre-Offer Conference

Interested parties may participate in the Pre-Offer Conference via MS Teams:

Microsoft Teams Need help?

Join the meeting now Meeting ID: 253 427 610 346

Passcode: 6bea3P https://oregonbuys.gov/bso mailto:BIDSDEQ@deq.oregon.gov mailto:BIDSDEQ@deq.oregon.gov https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmY3MjU4MTktZjUwMi00Yzk3LWJkYjctMzkzMjA1M2JjMGY0%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22fe6fd6c3-006d-4288-8676-f92e3f9876da%22%7d

Dial in by phone +1 503-446-4951,,865138746# United States, Portland Find a local number Phone conference ID: 865 138 746#

3.3.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

3.3.4.1 Submission Option

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Supplier Bid Solicitation Response.

The Price Sheet (Attachment E) must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure.

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

3.3.5 Modification or Withdrawal of Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.3.6 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

3.3.7 Offer Rejection

Agency may reject an Offer for any of the following reasons:

tel:+15034464951,,865138746 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=865138746 https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

• Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.

• Offeror fails to meet the responsibility requirements of ORS 279B.110.

• Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• Offeror makes any contact regarding this solicitation with State representatives such as

State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

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

3.3.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

However, Agency will record and make available the identity of all Offerors after Opening.

3.4 OFFER CONTENT REQUIREMENTS

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

3.4.1 Offeror Information and Certification Sheet

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

3.4.2 Technical Proposal & Schedule

Provide a Technical Proposal that describes how the Offeror will accomplish the tasks described in Section 2.4 Scope of Work. The Proposal must incorporate all the information from Section 2.4 Scope of Work. The Proposal must also include a proposed work schedule and timeline the Offeror will follow to produce the deliverables described in Section 2.4 Scope of Work. The Technical Proposal should include details on proposed sources and methodologies for data collection. For example, the Contractor might utilize a combination of surveys, interviews and literature reviews to source information and data for the study.

DEQ staff may support Contractor by providing access to Agency resources and facilitating contact with relevant parties such as permit writers, regional specialists, and local government collaborators. Research topics listed in Section 2.4 Scope of Work Tasks are indicative only; Offeror is free to recommend additional topics or suggest topics that seem less likely to achieve the Agency’s objectives with this work.

3.4.3 Project Team/Key Persons Experience and Resumes

Provide a list of the specific individuals, including subcontractors, who would be assigned key positions for this project. Include, by individual, a description of their duties and responsibilities for this project. Attach up to a 2-page resume for each person identified as a Key Person on the Project Team. The skills and experience of the staff assigned to the project must be comparable to those submitted in the Offer. Agency will determine comparability. If a Contract results from the Offer, substitutions or replacement of staff identified as Key Persons must be approved in advance by Agency.

3.4.4 Work Samples

Offeror shall submit at least 3 work samples. Work samples must be current, within the last 5 years. Work samples must represent work product that is materially similar to this Offer’s requirements. Work samples must not exceed more that 3-pages per sample.

For each sample project, Offeror shall include:

• A project overview for each project including underlying project type, size, budget, duration and objectives.

• A description of the services provided by the Offeror, including identifying any proposed team members who were responsible for the cited project work and their roles in the project.

• Contact information for the customer. Agency may contact the project contact for additional information.

• A description of the results and value provided to the customer by the Proposer and whether the services were accomplished within the Proposer’s original estimated budget and schedule or needed to be revised (include succinct explanations for any revisions).

• Any other important and relevant information regarding the project.

3.4.5 References

Provide at least 3 references on the Reference Form (Attachment D) from current or former client firms for similar projects performed for any clients within the last 5 years. References must verify the quality of previous, related Work.

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

3.4.6 Price

Submit a detailed Price Sheet (Attachment E), via a separate electronic file, that includes the following items:

• A proposed budget which includes all estimated labor and material costs associated with the project.

• Hourly rates to be applied by classification for each Key Person on the project team.

• Estimates of staff hours by person and total costs associated with the accomplishment of each milestone or project deliverable listed in the Offeror’s Project Plan based on the hourly rates given in the Price Sheet. Provide a summary of all proposed costs, including a total cost for the project proposed.

• Separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges (if any).

Agency may reimburse travel and other expenses of the Contractor at the rates set forth in the Oregon Accounting Manual (OAM) as of the date Contractor incurred the travel or other expenses. The OAM is available at:

http://www.oregon.gov/DAS/CFO/SARS/policies/oam/40.10.00.pdf

3.4.7 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror is cautioned that price information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

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

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror.

However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting an Offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.5.2 Evaluation Criteria

Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee.

http://www.oregon.gov/DAS/CFO/SARS/policies/oam/40.10.00.pdf

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

3.5.2.1 Technical Proposal & Schedule (0 – 90 points possible)

The extent to which the Technical Proposal provided in response to the requirements of Section 3.4.2 Technical Proposal & Schedule reflects an understanding of the critical activities required to complete each deliverable identified and the schedule by which the work in the project can be completed.

o The degree to which the Technical Proposal clearly explains all the steps required to successfully complete Tasks 1, 2, 3, 4 and 5 as described in the Scope of Work (Section 2.4) and demonstrates and understanding of how the tasks fit together. (15 points possible) o The degree to which the proposed approach reflects a clear understanding of DEQ’s research objectives. (15 points possible) o The degree to which the proposed approach ensures effective management and coordination, including budget and schedule controls, and ability to respond and adapt to unexpected challenges. (15 points possible) o The degree to which the proposed approach reflects the rigor necessary to meet DEQ’s objectives. (10 points possible) o The degree to which the proposed project schedule allows for critical project deadlines to be met, and is otherwise realistic, practical, and achievable? (10 points possible) o The degree to which the proposed approach demonstrates Offeror’s ability to translate information and data collected into recommendations? (10 points possible) o The degree to which the Offeror understands and articulates the challenges associated with this work including consideration of environmental justice burdens and barriers. (10 points possible) o The degree to which the proposed project schedule allows for adequate DEQ and technical workgroup review of study details and draft results. (5 points possible)

Section 3.5.2.1 Rating Scale Point Range Explanation

80-90

OUTSTANDING - Response meets all requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. Proposer provides significant insight into its expertise, knowledge and understanding of the subject matter.

60-79

VERY GOOD – Response meets all requirements and provides useful information, while showing experience and knowledge of the subject matter and project. Response demonstrates above average knowledge and ability with no major deficiencies noted.

30-59 ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters and requirements with no additional information put forth by the Offeror.

1-29 FAIR – Response meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

0 RESPONSE OF NO VALUE – Response is unacceptable and does not meet the requirements. Offeror has not demonstrated knowledge of the subject matter.

3.5.2.2 Project Team/Key Persons Experience and Work Samples (0 – 30 points possible)

The extent to which the Project Team (including Sub-contractors, if listed) and Key Person’s resumes reflect the experience as outlined in Section 3.4.3 Project Team/Key Persons and Resumes and the Work Samples reflect the Offeror’s previous experience providing services similar to this Offer’s requirements as outlined in Section 3.4.4 Work Samples.

o The degree to which the proposed Project Team/Key Persons demonstrated skills and experience managing projects of similar or greater complexity. (15 points possible) o The degree to which work samples show work consistent with that required in this RFP. (15 points possible)

Section 3.5.2.2 Rating Scale

Point Range Explanation

23-30

OUTSTANDING - Response meets all requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. Proposer provides significant insight into its expertise, knowledge and understanding of the subject matter.

15-22

VERY GOOD – Response meets all requirements and provides useful information, while showing experience and knowledge of the subject matter and project. Response demonstrates above average knowledge and ability with no major deficiencies noted.

8-14 ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters and requirements with no additional information put forth by the Offeror.

1-7 FAIR – Response meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

0 RESPONSE OF NO VALUE – Response is unacceptable and does not meet the requirements. Offeror has not demonstrated knowledge of the subject matter.

3.6 PRICE EVALUATION

The SPC will conduct the price evaluation. The SPC will award a score to each Price Sheet based upon the percentage of the proposed price as compared to the lowest Offeror’s price using the following formula:

lowest price of all Offerors X 30 price points possible = price score price being scored

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 PREFERENCES

3.8.1 Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least one Offeror does not, Agency will select the Offeror proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

3.8.2 Tiebreakers

Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.9 POINT AND SCORE CALCULATIONS

Points are the total possible value for each evaluation item as listed in the table below. Scores are the values assigned by each evaluator. Price scores are calculated as stated in the Price Evaluation section.

Each evaluator will assign scores to each evaluation item (A-B) listed in the table below and then sum those scores to arrive at a total score for each Offer. The SPC will average the total scores for each Offer (calculated by summing the total points awarded by each evaluator and dividing by the number of evaluators) to determine the final average score for each Offer.

Evaluation Items Maximum Points Possible

A Evaluation Item 1 (Section 3.5.2.1) 90

B Evaluation item 2 (Section 3.5.2.2) 30

C Price (Section 3.6) 30

TOTAL POINTS POSSIBLE 150

3.10 RANKING OF OFFERORS

The SPC will total the final average score and price score for each Offer. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

Agency will notify all Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

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

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

Agency will not make any payment until Agency has a properly completed W-9.

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall http://www.irs.gov/pub/irs-pdf/fw9.pdf submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

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

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 21 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

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.

http://www.filinginoregon.com/index.htm

5.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= oregon4biz

If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.3 GOVERNING LAWS AND REGULATIONS

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

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part, or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

5.6 COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.8 RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

http://www.oregon.gov/DAS