IntRFP Redfish Rocks ~3.pdf

OregonBuys RFP #S-63500-00006169 – Hook-and-Line and Longline Combination Survey for Redfish Rocks Marine Reserve

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Intermediate Procurement Request For Proposals (RFP) under OregonBuys #S-63500-00006169

HOOK-AND-LINE AND LONGLINE COMBINATION SURVEY FOR

REDFISH ROCKS MARINE RESERVE

Date of Issue: March 16, 2023

Opening Date and Time: April 04, 2023 @ 3:00 PM

Single Point of Contact (SPC): Kathy Blehm, PCS2

Address: 4034 Fairview Industrial Drive SE City, State, Zip Salem, OR, 97302 Phone (voice) 503-947-6169 Phone (fax) 503-947-6156 E-mail: (best way to reach me) kathy.m.blehm@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.

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 OFFERS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 COST EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 TIEBREAKERS

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 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

5.8 CHECKLIST DISCLAIMER

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 COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H VESSEL & PROJECT TEAM MINIMUM QUALIFICATIONS FORM

https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4 https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon acting by and through the Department of Fish and Wildlife, is seeking a contractor to provide an at-sea vessel, vessel operator, and deckhand (1) as required, and rod and reel fishing equipment and bottom longline fishing equipment to assist the Oregon Department of Fish and Wildlife (ODFW) in conducting hook-and-line and bottom longline combination fishing survey. In addition, the vessel operator will assist with a single deployment and retrieval of larval fish sampling moorings (8 moorings total). Surveys will entail multiple trips to and from Port Orford out to the Red fish Rocks Marine Reserve and MP A, and associated comparison areas, located between Humbug Mountain and Orford Reef, within 3 nautical miles from shore.

This Contract extends from April 12, 2023 through December 31, 2023.

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

Questions / Requests for Clarification Due March 20, 2023 3:00 PM

Closing (Proposal Due) April 04, 2023 3:00 PM

Issuance of Notice of Award (approx.) April 06, 2023

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.

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 has authorization to conduct fish and wildlife management activities under ORS 496.138, consistent with the policy in ORS 496.012.

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.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of Fish and Wildlife (ODFW) is responsible for managing Oregon’s fish and wildlife resources. As part of the ODFW, the Marine Resources Program (MRP) works with Oregonians to sustain ocean and estuary resources by: 1. Building understanding about fish, wildlife, and their habitats as well as peoples’ connections to them; 2. Conducting work that benefits Oregon’s marine species, ecosystems, and people; and 3. Taking actions that ensure resources and opportunities for use and enjoyment for today and into the future.

2.3.2 Project Overview, Background and Purpose

Contractor agrees to provide an at-sea vessel, vessel operator, and one deckhand for 6-pack boats or 2 deckhands for larger vessels, rod and reel fishing equipment, longline fishing equipment and bait and to assist the Department in conducting longline hook-and-line combination fishing surveys. Contractors will also assist in the single deployment and retrieval of SMURF sampling gear. Longline hook-and-line surveys will entail multiple trips to and from Port Orford out to the Redfish Rocks Marine Reserve and MP A, and associated comparison areas, located between Humbug Mountain and Orford Reef, within 3 nautical miles from shore. Crab pots with oceanographic sensors may also be deployed and recovered during each trip.

Subject to the provisions of the contract resulting from this RFP (the “Contract”) shall become effective upon last date of signature by all parties thereto. Agency may seek authority to make one or more amendments (the “Anticipated Amendments”) to the Contract for the purpose of extending the term of the Contract and the maximum not-to-exceed compensation payable under the Contract or to modify the Services to be provided by the Contractor.

2.4 SCOPE OF WORK/SPECIFICATIONS

Contractor agrees to provide an at-sea research platform (vessel) to perform both hook-and-line and longline fishing at various sites near Redfish Rocks Marine Reserve, in depths ranging from approximately 30-150 feet. The departure/return port for all operations is Port Orford, Oregon.

Twelve (12) vessel days (day = approximately 8 hours/day) are estimated to be needed for the hook-and-line longline combination surveys. Fishing effort will be split into two seasonal windows (spring and fall), taking place over six (6) days in spring (i.e., April-June), and six (6) days in fall (i.e., August-October). Each 6-day effort will be compressed into as short a time-frame 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 as possible, ideally consecutive days as allowable due to weather or logistics. Fishing will occur over hard bottom substrate at a variety of depths. Fishing may occur on single days or consecutive days as allowable due to weather or logistics. Crab pots with oceanographic sensors may also be deployed and recovered during each trip. An additional two (2) vessel half days (day = approximately 4 hours/day) are estimated to be needed for the larval fish mooring deployment and retrieval. Eight larval fish moorings (8) will be deployed on a single day in late April or early May and retrieved in September.

No fish encountered shall be retained for the purpose of consumption.

This contract extends from April 12, 2023 through December 31, 2023.

The days on which sampling shall take place shall be subject to joint determination by the Department and the Contractor within the following limitations:

a. Cruise dates shall be set in advance for scheduling purposes, though can be modified as necessary to accommodate modifications such as weather shifts or angler availability.

b. Contractor shall identify in their bid the dates during the spring and fall sampling windows that the vessel will not be available for work due to other obligations (halibut or other special seasons, scheduled maintenance, etc.)

The cruises will be terminated when, as determined by the Department, either:

a. The scientific objectives of the cruises have been met, or the available funds have been exhausted, or when;

b. Due to equipment failure, inclement weather, lack of available fishing dates within the spring and fall sampling windows or other cause it appears that the scientific objectives cannot be met within a reasonable time frame, or when;

c. the limit of thirteen (13) total sampling days has been reached.

For the terms of this agreement, a full fishing day is defined as an 8-hour day, dock-to-dock. For the terms of this agreement, compensable time begins when the vessel leaves port to commence sampling operations, with all scientific and fisher crew and necessary equipment aboard, and ends upon returning to port. If during a cruise inclement weather, equipment failure or other developments make it impossible or unwise to continue fishing operations, the Contractor may elect to terminate the cruise and return to port. Alternatively, ODFW staff and the Contractor may jointly elect to suspend fishing operations and wait for conditions to improve. Time lost due to vessel equipment breakdown or time spent at the dock, such as waiting for the tide, or waiting to unload product or to load ice, fuel, vessel supplies or crew, is not compensable under this agreement.

Captain Responsibilities: Captain will ensure that the vessel is fishing in the prescribed 500m by 500m fishing cell selected by ODFW lead scientist aboard and is not outside the cell boundaries nor outside the marine reserve or comparison area being fished. The Captain will provide baited (squid) bottom longline gear capable of making sets of approximately 75 fathoms (450 ft) in length maximum. Sets may be made with any orientation within a given 500x500-meter sampling cell, and do not necessarily need to be a straight line. Each set of longline gear will be consistent with the others used in this study. It is anticipated that we will set approximately three tubs of gear before returning to the first to begin retrieving the first. Six total longline sets will be targeted per fishing day. Up to 6-7 cells will be fished in a single day. Within each of the cells, the captain will choose three discrete rod and reel drifts to fish. Rod and reel drifts may be repeated if necessary to achieve the three drifts of approximately 15 minutes each within a given cell and will be conducted during longline soak times. Captain will inform the scientific crew of the depth and drift speed at the beginning of each drift. Captain will give clear warning for anglers to prepare to make a drift, and indicate when to begin fishing once they have the boat is position. Captain will control drift speed to the extent possible, using a sea-anchor if the vessel is so equipped. Captain will work with crew and ODFW staff to deploy and recover crab pots with oceanographic sensors.

Crew members/deckhand responsibilities: Rig fishing rods with appropriate terminal gear as supplied by ODFW. If a volunteer brings their own rod, make sure it also is rigged with ODFW-supplied gear. When an angler hangs up, hand them a new rod and re-rig the one with broken-off gear. Refill fish-holding tote with seawater and wash buckets down when necessary. Set and retrieve all the longline gear. De-hook fish and bring them to the measuring station. Handle all fish carefully and securely, no throwing fish. Notify scientific crew of floaters. If possible, retrieve with net. Assist with recompressing fish with descending devices. Assist with deployment and recovery of crab pots with oceanographic sensors. After survey work is finished, remove terminal gear from rods.

The Contractor hereby assumes full responsibility for the operation, repair, and maintenance of the boat and other equipment furnished by him/her. The Contractor agrees to provide all fuel and operating supplies and equipment. The Department shall not control the means or manner of the operation of the vessel except to specify sampling locations, but shall rely on the skills, knowledge and guidance of the Contractor.

The Contractor agrees to provide an Operator that has knowledge of:

1) Safe vessel operation,

2) Appropriate fishing gear and fishing locations

3) Weather and its effects.

Contractor agrees to provide certifications of all required insurance, mechanical inspections, operator license, US Coast Guard inspection and boater safety cards. The Contractor agrees to provide all fuel and operating supplies and equipment. The Contractor hereby assumes full responsibility for the operation, repair, and maintenance of the boat and other equipment furnished by him/her. The Department shall not control the means or manner of the operation of the vessel except to specify sampling locations, but shall rely on the skills, knowledge and guidance of the Contractor. The Contractor agrees to cooperate with the Department in collecting GPS location information at each sample site so that the Agency may return to each site later to repeat hook and line sampling in the same area.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

The contractor, and captain if different, will be required to attend a pre-season meeting (approx.

1 hour) with ODFW Marine Reserves staff to become familiar with the survey being performed, the locations to be fished, and the desired goals of the survey, at an agreed-upon place and time.

The Contractor must have knowledge of longline and rod and reel hook-and-line fishing for bottom fish species, and have the ability to exercise sound judgment in conducting safe, efficient and effective vessel operations. The captain must have previous knowledge of the Redfish Rocks area, and specific fishing locations within that area.

Vessel is adequate in size for a maximum of three (3) anglers, one or two deckhands, and two ODFW data collectors. Vessel must be equipped with functional standard navigation, communication and safety equipment including life raft, EPIRB, GPS chart plotter, video sounder, VHF radio, radar, running lights, fire extinguishers, immersion suits for operator and any crew, etc. ODFW will provide immersion suits for Department staff. The Contractor agrees to provide a safety orientation/training to staff and volunteers. Vessel will have a rail area suitable for attaching a floating release pen, and a structure above the cabin suitable for attaching a research flag.

Contractor supplies fishing rods and reels suitable for ground fishing, with enough good-quality line to reach bottom on all drifts (max depth 30 fathoms). Contractor also provides longline gear and bait per ODFWs specifications. Volunteers shall be allowed to use their own gear if they bring it with them on the trip. ODFW supplies all terminal gear, leader material, and crab pots with oceanographic sensors.

The crew (captain and deckhand) will fulfill responsibilities listed in the Scope of Work.

3.1.1 Project Team Qualifications and Experience (Attachment H)

Using Attachment H, demonstrate Offeror’s team qualifications and experience relating to the requested Services. Response should address the following:

• Vessel description

• Captain experience

• Crew experience

3.1.2 Project Approach and Availability(Attachment H)

Demonstrate Offeror’s ability to clearly provide the services listed in the Statement of Work.

Include a description of the methods to be used to accomplish the Work. Response should include the proposed schedule for delivery and the approach to be utilized when addressing key issues of the project.

3.1.3 Offeror Qualifications and References (Attachment D)

Offerors must have a minimum of 3 years of professional experience performing services comparable to those required under a resulting contract.

Offerors must provide a minimum of 3 references of people or entities for which they have provided services comparable to those required under this contract. These should be listed where indicated on Attachment 4. References will be evaluated on a Pass/Fail basis.

References must verify Offeror experience successfully providing similar work, meeting required timelines, and completing within budget.

In addition, Key Person Requirements include:

Captain: Contractor must provide a vessel captain with a minimum of 3 years of professional experience providing goods and/or performing services comparable to those required under this contract.

Crew members/deckhands: Contractor must provide deckhands (1 deckhand for a 6-pack boat or 2 deckhands for a larger vessel) capable of fulfilling the responsibilities in the Scope of Work.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offer Format and Quantity

Offer should follow the format and reference the sections listed in the Offer Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offer 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 file.

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 e-procurement system. 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.

https://oregonbuys.gov/bso kelly Mix Insert link to OregonBuys landing page

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 bid 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 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.

Submission Options

The Proposal must be addressed as indicated below. Proposers are solely responsible for the means of Proposal delivery. Proposers are encouraged to confirm delivery with the contact person prior to Proposal due date.

Proposals must be received no later than the Proposal due date and time specified.

LATE PROPOSALS WILL NOT BE ACCEPTED.

RFP Close: April 04, 2023 at 3:00 p.m.

Mail or Hand Deliver:

Proposal Label: OregonBuys# S-63500-00006169 - Hook-and-Line and Longline Combination Survey for Redfish Rocks Marine Reserve

Deliver to: Kathy Blehm, PCS2 Oregon Department of Fish and Wildlife 4034 Fairview Industrial Drive SE Salem, OR 97302

Delivery through OregonBuys

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 Vendor Formal Solicitation Response OregonBuys https://oregonbuys.gov/bso https://oregonbuys.gov/bso

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

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

Delivery through Other Electronic Media Response (E-Mail)

If Offeror elects to submit its Offer by other electronic media, Offeror shall submit one copy of its Offer and all other submittal requirements, to the E-Mail address below:

E-Mail Address: ODFW.Bids@odfw.oregon.gov

When E-Mailing in bids, Offerors must address the Subject line as follows:

Subject: OFFER FOR RFP #S-63500-00006169

The total combined file size of all documents should be compressed so it does not exceed 10 megabytes.

If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

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

3.3.4 Modification or Withdrawal 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 Due 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.

mailto:ODFW.Bids@odfw.oregon.gov

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 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 Certification & Information Sheet (Attachment C)

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

3.4.2 The Offeror shall complete and submit the Reference Check Form (Attachment D)

Provide at least two (2) current professional references and one (1) professional reference for work (from different firms and clients) supportive of Offeror’s ability to comply with the requirements of this contract. References must verify the quality of previous, related Work.

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.

Offeror shall submit reference names and contact information. Agency will make three (3) attempts to contact each of the references provided by the Offeror. If these attempts are unsuccessful, the Offeror will receive a score of zero for that reference.

3.4.3 Price Cost Form (Attachment E)

Submit a detailed Cost Sheet (Attachment E) stating the price for each deliverable and the total price for the entire project that includes the following items:

Proposer shall submit a Price Proposal stating the proposed price for vessel charter for 12 days. The proposed price should include all costs required by the Proposer to perform the work. The Proposer shall furnish all required material, equipment, labor, and perform all work, outlined in the Request for Proposals, for the Oregon Department of Fish and Wildlife Project designated for Hook and Line Surveys for Redfish Rocks Marine Reserves

Proposal Price is the total including Successful Proposer’s profit and overhead and any other costs to perform all work. Agency will not pay any costs above the Total Proposed Price.

3.4.4 Vessel and Project Team Form (Attachment H)

Submit a detailed Vessel and Project Team Form (Attachment HI) with written General Qualifications that demonstrate capability to complete the requested services, written detailed Understanding of Requested Services/Project, Pilot(s) qualifications (Primary and Back-up), Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

3.4.5 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 Proposal 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 Proposal.

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 Proposal, 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 Proposal 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. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

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.

3.5.2.1 Vessel Master and Project Team (Attachment H ) 40 points

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.

Does the Offeror clearly describe how their qualifications will allow them to successfully perform the scope of work and meet all the minimum requirements?

Does the proposal demonstrate services comparable to those required under this RFP?

Does the Offeror demonstrate comparable services required under this RFP?

Proposers must explain their project approach and demonstrate that vessel meets all criteria laid out in this RFP.

The SPC may request further clarification to assist the evaluation committee in gaining additional understanding of Proposals. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

3.5.2.2 References (Attachment D) 20 points

Score the references based upon the submitted scores submitted from three references as required in Attachment D. Each Reference will be asked a series of questions that will be scored. Total average score (from 3 references) is worth up to 10 points (as described in 3.9 Table below).

3.5.2.3 Price – (Attachment E) 40 points

The Offeror must bid pursuant to requirements on Attachment H for the proposed services.

For evaluation purposes Agency will calculate a total based on lines 1 thru 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:

lowest cost of all Offerors X cost points possible = cost score cost 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 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 assigned by each evaluator.

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion.

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

TOTAL POINTS POSSIBLE 100

3.5.2.2 References (Attachment D) 20

3.5.2.1 Vessel Master and Project Team Qualifications (Attachment H) 40

3.5.2.3 Price Points Possible (Attachment E) 40

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 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 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.

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

4.2.4 Responsibility Inquiry

Prior to award, Offeror shall be required to complete and submit Attachment G — Responsibility Inquiry.

4.2.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Offeror employs 50 or more full-time workers, Offeror shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Offeror by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

4.2.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Offeror must certify by its Signature on Attachment C - Offeror Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class.

The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

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.

All items, except those listed below, may be negotiated between Agency and the apparent successful Offeror in compliance with Oregon State laws:

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

• Choice of law

• Choice of venue

• Constitutional requirements

• All applicable Federal and State requirements

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.

SECTION 5: ADDITIONAL INFORMATION

5.1 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.

5.2 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.

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

5.4 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.

5.5 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.

5.6 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.

5.7 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)

5.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this solicitation are provided only as a courtesy to prospective Offeror. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Offeror is solely responsible for reviewing and understanding the solicitation and complying with all the requirements of this solicitation, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Offeror based upon, resulting from, or related to, Offeror’s failure to comprehend all requirements of this solicitation.

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 COST SHEET

http://www.oregon.gov/DAS

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H VESSEL & PROJECT TEAM MINIMUM QUALIFICATIONS FORM