IntRFP_272-26.pdf

OregonBuys RFP # S-63500-00017845 Informing Best Practices for Oregon GRSG Mitigation Program through Review of State Programs

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STATE OF OREGON

COVER PAGE

Oregon Department of Fish and Wildlife is issuing this Intermediate Procurement under S-63500-00017845 for

INFORMING BEST PRACTICES FOR OREGON GREATER SAGE-GROUSE MITIGATION PROGRAM

THROUGH REVIEW OF STATE PROGRAMS

Date of Issue: 08/27/2026

Opening Date: 09/11/2026

Single Point of Contact (SPC): Luca Wittenberg, Procurement and Contract Specialist II

Address: 4034 Fairview Industrial Dr. SE City, State, Zip: Salem, Oregon 97302 Phone (voice): (971) 510-8203 E-mail: luca.x.wittenberg@odfw.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE 3

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

2.5 DELIVERABLES AND SCHEDULE:

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFERS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 COST 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

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

State of Oregon, acting by and through the Department of Fish and Wildlife, (“Agency”), is issuing this Intermediate Procurement under the provisions of ORS 279B.070.

Oregon’s Sage-Grouse Mitigation Program, established in 2019, is in need of a comprehensive programmatic review and update. To support the development of new strategies, the Agency is seeking insight into how other western states have designed and implemented their sage-grouse mitigation programs, as well as an assessment of how those programs are performing.

This project will produce a retrospective analysis of state-based Greater Sage-Grouse (GRSG) mitigation programs created through the 2015 state–federal cooperative conservation planning process. The review will summarize program structures, highlight mitigation approaches, and identify the strengths and weaknesses of various solutions for potential application in Oregon.

The goal is to provide actionable recommendations for improving the structure and effectiveness of Oregon’s Sage-Grouse Mitigation Program across both private and public lands in the Western U.S.

The analysis will emphasize landscape-scale resource values alongside GRSG conservation and will evaluate how states apply the full mitigation hierarchy—prioritizing avoidance and minimization of impacts before considering compensatory mitigation.

Agency anticipates the award of one (1) Contract from this solicitation. The initial term of the Contract is anticipated to be one (1) year. The timeframe for the survey completion is a draft report for Agency review by May 14, 2027 and final report due by June 30, 2027.

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

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 N/A N/A

Questions / Requests for Clarification Due September 04, 2026 2:00pm

Opening (offer Due) September 11, 2026 2:00pm

Issuance of Notice of Award (approx.) September 24, 2026

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

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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 system may be found at OregonBuys.

2.2.2 RESERVED

2.3 OVERVIEW AND PURPOSE

Oregon’s Sage-Grouse Mitigation Program was developed in 2019 and is in need of a programmatic review and update. To aid in developing new strategies, the Agency would like to understand how other states have built their sage-grouse mitigation programs and how those programs are working. Agency is seeking a review of other state sage-grouse mitigation programs and their mitigation solutions, with a final report out with program highlights and an identification of pros and cons of various mitigation solutions for consideration in Oregon.

2.4 SCOPE OF WORK/SPECIFICATIONS

Offeror will produce a retrospective analysis of the state-based greater sage-grouse (GRSG) mitigation programs established as a result of the 2015 state-federal cooperative conservation planning process. The goal is to provide recommendations for structuring and improving Oregon’s Sage-grouse Mitigation Program on private and public lands in the Western U.S. The focus is on landscape values in addition to GRSG while engaging in the full mitigation hierarchy including measures to avoid and minimize impacts to resource values before engaging in compensatory mitigation.

Offeror will deliver a retrospective analysis of the state GRSG mitigation programs, largely focused on a comparison of the programs including their adherence to best practices for mitigation program standards, differing approaches to establishing programs (executive orders http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html https://www.oregon.gov/das/ORBuys/Pages/Index.aspx

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vs. state legislative), jurisdictional authorities, developing and quantifying credits, and exchange of credits (banking vs. individual project offset, etc.). Issues including durability of credits, accounting for duration of impacts vs. duration of offsets, applying minimization opportunities through the programs, accounting for cumulative landscape impacts, and related concerns impacting effective mitigation program implementation will be developed in partnership with ODFW staff and investigated through the analysis.

Offeror will address external barriers to effective implementation, including lack of clear federal administrative policy, with the goal of offering suggestions for improving effective application of the mitigation hierarchy, including compensatory mitigation, through state systems mitigating for projects within GRSG habitat on federal lands.

TASKS:

Offeror will:

1. Produce deliverables 1-6 in accordance with section 2.5 below.

2. Meet with ODFW staff monthly for updates on project progress and discussion of any interim products.

ODFW will:

1. Identify key components of the Oregon Sage-grouse Mitigation Program that need to be addressed.

2. Evaluate deliverables and provide feedback within one week (7 days).

3. Participate in monthly project meetings.

2.5 DELIVERABLES AND SCHEDULE:

Steps and Deliverables:

1. Deliverable 1: Monthly progress reports

a. Submit progress reports to ODFW staff monthly for updates on project progress and discussion of any interim products.

b. Meet with ODFW staff monthly for updates on project progress and discussion of any interim products

2. Deliverable 2: Sage-grouse Mitigation Program Documentation Review

a. Collect documentation for all identified sage-grouse mitigation programs, including technical materials and authorizing statutes.

b. Evaluate differences and similarities in program authorization, staffing models, oversight structures, market approaches, and general implementation strategies (non‑technical analysis).

c. Develop a matrix of program’s project impacts evaluation criteria and mitigation offerings. If time allows, arrange an interview with each to answer any further questions.

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3. Deliverable 3: Private Landowner Credit Program Assessment

a. Identify credit programs that allow participation by private landowners.

b. Create a detailed summary of landowner obligations, corresponding state agency responsibilities, program funding mechanisms, and project durability requirements.

4. Deliverable 4: Public Lands Mitigation Opportunities & Barriers Report

a. Evaluate barriers to implementing offset mitigation projects on public lands, as well as potential opportunities for enabling such projects.

b. Gather information and report on the Nevada–BLM mitigation agreement and at least one additional public‑land mitigation model (primarily BLM‑based).

c. Create a written assessment outlining recommended approaches or considerations for developing public‑land offset projects.

5. Deliverable 5: Draft Report

6. Deliverable 6: Final Report

Offeror will deliver a draft report for ODFW review by no later than May 14, 2027. ODFW will review by June 4, 2027. Final report due by June 30, 2027.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.1.1 BUSINESS

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

• Demonstrated experience conducting retrospective analyses of state or multi-jurisdictional natural resource programs.

• Experience with mitigation policies and related conservation planning frameworks.

• Familiarity with the full mitigation hierarchy (avoid, minimize, compensate) and its application in natural resource policy.

• Familiarity with state and federal public land policy as it pertains to mitigation, including processes relevant to BLM-managed lands.

3.1.2 TECHNICAL

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

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• Minimum of three (3) years of experience performing work of similar size and scope, including program evaluation, policy analysis, or mitigation framework review.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offer Submissions

To be considered for evaluation, Offer must contain each of the following elements (further detailed in the Offer Content Requirements section below):

Attachment B: Disclosure Exemption Affidavit

Attachment C: Offeror Information and Certification Sheet

Attachment D: Reference Check Form

Attachment E: Cost Sheet

Attachment F: Certified Disadvantaged Business Outreach Plan

Attachment G: Responsibility Inquiry

Attachment H: Scored Offer Components Form

3.2.2 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section (Section 3.4). 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.

3.2.3 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 e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any https://oregonbuys.gov/bso https://oregonbuys.gov/bso

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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 emailed to the SPC

• Reference the OregonBuys RFP number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

• 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 RESERVED

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.

Offeror must 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.pdf.

The cost sheet 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.

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 https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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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:

• 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 OFFERS 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 Services to be performed. An Offer that merely offers to provide the services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

3.4.1 Public Record/Confidential or Proprietary Information (Attachment B)

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

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Offeror is cautioned that cost 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.

3.4.2 Offeror Information and Certification Sheet (Attachment C)

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

3.4.3 References (Attachment D)

Offeror shall provide at least 3 references (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.

3.4.4 Costs (Attachment E)

Offerors must submit a detailed Cost Sheet (Attachment E) in a separate electronic file through OregonBuys.

For the services described in Section 2.4 (Scope of Work/Specification), the Cost Sheet must include the price for each delivered item, monthly services based on the required delivery schedule, and any additional associated fees.

3.4.5 Certified Disadvantaged Business Outreach Plan (Attachment F)

The Offeror must complete and submit a Certified Disadvantaged Business Outreach Plan (Attachment F).

3.4.6 Responsibility Inquiry (Attachment G)

The Offeror must complete and submit a Responsibility Inquiry Form (Attachment G).

3.4.7 Scored Proposal Components Form (Attachment H)

The Offeror must utilize Attachment H to demonstrate a clear and concise understanding of the project as well as the capability to meet requirements.

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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 Section 3.2 (Minimum Requirements Section) and Section 3.4 (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 125-247-0260(2)(d), 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 Section 3.4 (Offer Content Requirements) will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% (based on the explanations in Table 2 below) for each evaluation item.

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.

SCORE EXPLANATION

90 - 100%

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

60 - 89% VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

50 - 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.

11 - 49% FAIR – Offeror meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0 - 10% RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the solicitation. Offeror has not demonstrated knowledge of the subject matter.

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3.5.2.1 Evaluation Item 1: Understanding of Requested Services (Attachment H)

Write a clear and concise understanding of the project based on existing information.

Address general description of the purpose and key issues.

Limit response to a maximum of four pages.

3.5.2.2 Evaluation Item 2: General Qualifications/Demonstration of Expertise (Attachment H)

Demonstrate capability to complete the requested services. Response must list projects performed within the last three years, most comparable to the requested services. Include a description of their type, size, and duration. Also, for each project, indicate whether the work was accomplished within the original budget and deadlines, or needed to be revised.

Briefly explain the reason for any revisions.

Limit response to a maximum of four pages.

3.5.2.3 Evaluation Item: 3 References (Attachment D)

Offer will supply the names and contact information for three references. References will be contacted and asked a series of questions that will be scored.

3.5.2.4 Evaluation Item: 4 Cost (Attachment E)

The Offeror must propose pricing pursuant to requirements on Attachment E for the proposed services.

For evaluation purposes Agency will calculate a total based on lines 1 through 6 by multiplying estimated quantity x unit prices for each line.

3.6 COST EVALUATION

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

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:

lowest cost of all Offerors X cost points possible = cost score cost being scored

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• 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 Oregon Small Business Enterprise (OSBE)

Agency prefers OSBE-certified businesses, and for evaluation purposes, per ORS 125-246-0230, Agency shall subtract 10% from the price for any OSBE-certified Proposer before calculating the price score.

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

Scores are the values (0 through 100% as stated in Section 3.5.2) assigned by each evaluator.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE 100

3.5.2.1 Understanding of Requested Services 25

3.5.2.2 General Qualifications/Demonstration of Expertise 25

3.5.2.3 References 20

3.5.2.4 Cost 30

EXAMPLE:

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Offeror A receives scores of 100, 90, and 80 for a criterion worth 30 points. The SPC averages 100, 90, and 80 for a score of 90. 90 is used as a 90% multiplier to the possible points of 30.

30 multiplied by 90% is 27. Offeror A’s points for the criterion is 27.

3.10 RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. 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 that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions by posting Intent to Award notification on OregonBuys.

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:

http://www.irs.gov/pub/irs-pdf/fw9.pdf

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• 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 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 will only negotiate the following provisions:

• Term of the contract

• Descriptions of goods and services

• Compensation

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

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

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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.

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:

Business Oregon : Home : State of Oregon or email: COBID Biz*Biz

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).

https://www.oregon.gov/biz/Pages/default.aspx mailto:Biz.COBID@biz.oregon.gov

OregonBuys RFP # S-63500-00017845 Informing Best Practices for Oregon GRSG Mitigation Program through

(ODFW update 12/18/24) Page 17 of 17

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.

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 (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET (MUST BE RETURNED

WITH PROPOSAL)

ATTACHMENT D REFERENCE CHECK FORM (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT E COST SHEET (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN (MUST BE RETURNED WITH

PROPOSAL)

ATTACHMENT G RESPONSIBILITY INQUIRY (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT H SCORED COMPONENTS FORM (MUST BE RETURNED WITH PROPOSAL)

http://www.oregon.gov/DAS