IntRFP_W912JV26C3002_Boardman_WGS_HabitatRestoration_2026-05-18.pdf

STATE OF OREGON

COVER PAGE

OREGON MILITARY DEPARTMENT

is issuing this Intermediate Procurement under Solicitation Number W912JV26C3002 for

WASHINGTON GROUND SQUIRREL HABITAT

RESTORATION – BOARDMAN BOMBING RANGE

Date of Issue: May 20, 2026

Opening Date: June 11, 2026 at 2:00 PM PT

Single Point of Contact (SPC): Corey Brech, Contract Specialist

Address: Oregon Military Department Camp Rilea 91204 Rilea Oregon Rd Warrenton, OR 97146-7268

Phone (voice): (971) 355-4586 E-mail: corey.brech@omd.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 OFFERS CONTENT REQUIREMENTS

3.5 RESPONSIVENESS REVIEW

3.6 EVALUATION PROCESS

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 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

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

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

5.9 RESERVED

5.10 RESERVED

SECTION 6: LIST OF ATTACHMENTS

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 Oregon Military Department, (“Agency”), is issuing this Intermediate Procurement Request for Proposals (RFP) for a Contract for Services to obtain professional environmental restoration services in support of Washington Ground Squirrel habitat restoration associated with construction of the Oregon Army National Guard Multi-Purpose Machine Gun (MPMG) Range at the U.S. Navy Boardman Bombing Range in Boardman, Oregon.

Additional details regarding the required services are provided in the Scope of Work.

Agency anticipates awarding one Contract as a result of this solicitation. The Contract Term may extend through June 30, 2031 to allow sufficient time for implementation, adaptive restoration activities, and monitoring necessary to support achievement of the defined ecological success criteria.

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

RFP Issued (Posted to OregonBuys) May 20, 2026

Optional Virtual Pre-offer Conference May 27, 2026 10:00 AM PT

Deadline for Questions / Requests for Clarification June 3, 2026 2:00 PM PT

Responses to Questions / Final Addenda Issued June 5, 2026

Opening / Offer Due June 11, 2026 2:00 PM PT

Evaluation of Offers June 12-16, 2026

Issuance of Notice of Award (estimated) June 17, 2026

Contract Execution (estimated) Late June 2026

The Agency reserves the right to modify this schedule by Amendment.

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 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.

2.2.1.1 “Agency” or “Owner” or “OMD” means the Oregon Military Department.

2.2.1.2 “Contractor” means the successful Proposer/party with which OMD contracts to perform the Services under this procurement.

2.2.1.3 “Contract” means the entire agreement for Services between the Contractor and the State, by and through OMD, comprised of the provisions of the executed main contract document, and any terms and conditions contained in any exhibits, schedules, attachments and other provisions attached to and incorporated into the main contract document, and any amendments to the final form of the contract executed by the Parties.

2.2.1.4 “Contract Administrator” means the officer, employee, or other individual designated in Writing by OMD, by name or position description, to conduct Contract Administration of any resulting Contract in this procurement.

2.2.1.5 “Offer” or “Proposal” means the complete document of the Proposer(s) submitted in response to this RFP, including the required forms and certifications.

2.2.1.6 “Offeror” or "Proposer" means the individual or entity that submits a Proposal in response to this RFP.

2.2.1.7 “RFP” means this Request for Proposals.

2.2.1.8 “Scope of Work” means the general character and breadth of the Services to be performed by the Contractor, the purpose and objectives of the Services, and the Agency’s expectations for the Services. Examples of expectations include, if applicable, a description of the purchase, specifications, tasks (obligations), deliverables, delivery or performance schedule, and acceptance requirements. The Scope of Work helps the prospective Proposers develop the Proposals.

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

2.2.1.9 “Statement of Work” means the specific provisions in the final resulting Contract which sets forth and defines in detail the agreed-upon Services to be performed by the Contractor, as well as the objectives, expectations, performance standards, and other obligations of the parties to the resulting Contract.

2.2.2 Explanation of Terms Used in OregonBuys

2.2.2.1 “Amendment” means “Addendum” or “Addenda”, as defined in OAR 137-046- 0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

2.2.2.2 “Available Date” means RFP issue date for this RFP in OregonBuys.

2.2.2.3 “Bid Opening Date” means “Closing” as defined in OAR 137-046-0110(6). In OregonBuys it is the deadline for submitting Quotes, Bids, Proposals or other required responses required by a Bid Solicitation.

2.2.2.4 “Bid Solicitation” means any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

2.2.2.5 “Change Order” means a formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

2.2.2.6 “Master Blanket Purchase Order” (“MBPO”) means any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

2.2.2.7 “Purchaser” means the Single Point of Contact.

2.2.2.8 “Purchase Order” means any form of project-specific contract (not awarded under an existing MBPO).

2.2.2.9 “Quote” means any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

2.2.2.10 “Release Requisition” means any form of ordering instrument used under a MBPO;

i.e. Purchase Order, Work Order Contract.

2.2.2.11 “Vendor” or “Supplier” means any form of business entity registered in OregonBuys.

Only registered vendors are eligible to submit a Quote and enter Purchase Orders, BPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

2.2.3 Project Specific Definitions

2.2.3.1 “Phase I”: Habitat restoration activities associated with MPMG construction mitigation requirements.

2.2.3.2 “Phase II”: Habitat restoration and enhancement activities in defined mitigation areas.

2.2.3.3 “Phase III”: Optional habitat enhancement activities that may be authorized subject to available funding and written authorization.

2.3 OVERVIEW AND PURPOSE

This solicitation supports regulatory mitigation obligations associated with construction of the Oregon Army National Guard Multi-Purpose Machine Gun Range at the U.S. Navy Boardman Bombing Range.

This procurement is structured to allow initial site assessments to inform implementation methods, restoration sequencing, and optional habitat enhancement activities while maintaining defined ecological success criteria and fiscal controls within the Contract structure.

Optional work may only be authorized subject to available funding and written authorization by the Agency.

2.4 SCOPE OF WORK/SPECIFICATIONS

The detailed Scope of Work for this solicitation is provided in Attachment G – Statement of Work. Attachment G describes the required survey activities, habitat restoration and enhancement tasks, deliverables, performance timelines, and success criteria associated with this project.

The Statement of Work provided with this solicitation establishes the technical requirements for proposal preparation and evaluation. The final Statement of Work will be incorporated into the executed Contract as an exhibit and will govern performance of the Services.

Offerors should review Attachment G carefully, as it defines the technical requirements and deliverables that will form the basis for proposal evaluation.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

This section describes the minimum requirements for submission of proposals and the criteria that will be used to evaluate proposals. Proposers should carefully review this section to ensure their proposals are complete and responsive.

3.1 MINIMUM OFFER REQUIREMENTS

Failure to meet the Minimum Offer Requirements may result in rejection of the Offer as non-responsive.

3.1.1 BUSINESS

Offeror must be legally authorized to conduct business in the State of Oregon and possess experience performing similar environmental restoration or habitat mitigation work.

3.1.2 TECHNICAL

Offeror must demonstrate experience with habitat restoration, ecological surveys, or similar environmental projects requiring compliance with defined success criteria.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

Offeror shall 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, is 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.

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 https://oregonbuys.gov/bso

• 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-proposal conference will be held virtually via Microsoft Teams on May 27, 2026 at

10:00 AM PT.

Attendance is strongly encouraged, but not mandatory.

Offerors wishing to attend must request the meeting link by emailing the Single Point of Contact (SPC) identified in Section 1.3 no later than May 26, 2026 at 2:00 PM PT. The Teams meeting link will be provided in response to the request.

The purpose of the conference is to review the Scope of Work, clarify project expectations, and address questions regarding the solicitation process.

Any statements made during the conference will not modify the RFP unless confirmed by written Amendment issued by the Agency and posted on OregonBuys.

3.3.4 Offer Submission

Offerors may submit their offer via email, common carrier, or in person. All offers must be addressed to the SPC listed in this RFP. Faxed offers will not be accepted. All offers must be received by the date and time listed on page 1 of the RFP. Late offers will be deemed nonresponsive and given no further consideration.

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.

3.3.5 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 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:

• 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 material 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 of Award is issued. However, Agency will record and make available the identity of all Offerors after Opening.

3.4 OFFERS CONTENT REQUIREMENTS

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.

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.

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

The Technical Proposal shall describe the Offeror’s understanding of the project and its proposed technical approach to performing the required services in accordance with the

Statement of Work. The Technical Proposal shall clearly demonstrate the Offeror’s ability to meet the project requirements and applicable success criteria.

At a minimum, the Technical Proposal shall address the following:

1. Project Understanding and Technical Approach

A description of the Offeror’s understanding of the project objectives, regulatory context, and technical requirements, including the proposed overall approach and methodology for each Phase.

2. Phase-Specific Methods

A description of proposed methods for each Phase, including:

• Phase I soil crust salvage, storage, and inoculation methods, including justification for any deviations from the 2021 salvage plan;

• Herbicide application methods, including product selection, application approach, and measures to avoid impacts to non-target species; and

• Native species planting and habitat enhancement methods, including site preparation, plant materials, timing, and monitoring approaches.

3. Survey Methods and Assumptions

Proposed survey methods and key assumptions related to site conditions, access, weather, soil conditions, and coordination with construction or other activities.

4. Sequencing, Risk Management, and Coordination

A proposed sequencing approach and anticipated work windows, including identification of risks and constraints that may affect implementation (e.g., weather, soil conditions, construction coordination) and proposed strategies to manage those risks.

5. Experience and Qualifications

Relevant experience performing similar habitat restoration or ecological mitigation projects, including work of comparable scope, complexity, and regulatory context.

The Technical Proposal should be clear, concise, and sufficiently detailed to demonstrate the Offeror’s understanding of the project and ability to perform the required services.

The Agency is not seeking lengthy or repetitive proposals; quality and clarity of information are more important than volume.

As a guideline, Offerors should limit the Technical Proposal to approximately 10–15 pages, excluding resumes, references, and required forms. Offerors may organize their Technical Proposal in a manner they believe best addresses the evaluation criteria;

however, all required topics must be clearly addressed. Offerors are encouraged to clearly cross-reference their Technical Proposal to the evaluation criteria identified in Section 3.6 to facilitate review and scoring.

3.4.3 References

Offeror shall provide completed Reference Check Forms (Attachment D) for a minimum of three (3) similar projects performed within the last five (5) years. Reference forms must be completed by the reference, returned to the Offeror, and submitted with the Offer prior to Opening.

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

Offeror shall submit a completed Pricing Submittal Form (Attachment E).

Pricing shall include:

• Lump sum pricing for Phase I;

• Lump sum pricing for Phase II;

• Per-acre pricing for optional Phase III habitat enhancement activities;

• Unit pricing for sagebrush propagation/grow-out; and

• Unit pricing for sagebrush plug installation.

Pricing submitted for optional work will be used for evaluation purposes and future optional work authorization but does not guarantee purchase of any quantity of optional work.

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 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 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.

3.5 RESPONSIVENESS REVIEW

Offers received prior to the Closing Date and Time will be reviewed by the Agency for responsiveness to all solicitation requirements, including compliance with the Minimum Offer Requirements and Offer Content Requirements identified in this RFP.

If an Offer is unclear, the Agency, through the SPC, may request clarification from the Offeror.

Clarifications may not be used to correct deficiencies, rehabilitate a non-responsive Offer, or provide information required to determine responsiveness.

If the Agency determines that an Offer is non-responsive, the Offer may be rejected. The Agency may waive informalities or mistakes in accordance with OAR 125-247-0470.

3.6 EVALUATION PROCESS

Responsive Offers will be evaluated by an Evaluation Committee using the evaluation criteria and weights identified in this section. Each evaluation criterion will be scored using a numeric scale of 0 to 5, where 5 represents the highest possible score and 0 represents an unacceptable response.

Scores assigned to each evaluation criterion will be converted to weighted points based on the relative importance of the criterion. Each evaluator will independently evaluate and score Offers using the evaluation criteria identified in this Solicitation. The maximum possible score from an individual evaluator is 100 points.

Pricing will be evaluated in accordance with Attachment E – Pricing Submittal Form, including any pricing assumptions, unit pricing, and evaluation methodology identified therein.

Following completion of the independent evaluations, Agency may conduct consensus discussions for purposes of clarifying evaluation findings, identifying strengths and weaknesses, and supporting the final evaluation and award recommendation.

Final scoring and award determination will be based on the overall best value to the Agency, consistent with the evaluation criteria and weighting identified in this Solicitation.

3.6.1 Evaluation Criteria and Weights

Offers will be evaluated using the following criteria and relative weights:

EVALUATION CRITERION WEIGHT

Technical Approach and Methodology 35%

Experience and Qualifications 25%

References 10%

Cost / Pricing 30%

Total 100%

The evaluation criteria and weights reflect the Agency’s determination of the relative importance of each factor in achieving the objectives of this solicitation.

Greater weight is assigned to Technical Approach and Methodology and to Experience and Qualifications due to the complexity of the habitat restoration work and the need for demonstrated expertise in meeting defined ecological success criteria.

Cost / Pricing is an important consideration; however, this procurement is not based on lowest price alone. Proposals will be evaluated based on overall value to the State, considering technical merit, experience, past performance, and pricing.

References will be used to assess the Offeror’s past performance and ability to successfully perform work of similar scope and complexity.

3.6.2 Scoring Scale

Each evaluation criterion will be scored using the following scale:

SCORE EXPLANATION

EXCELLENT - Exceeds requirements and demonstrates a thorough understanding of the subject matter and project. The response provides clear added value beyond minimum requirements.

GOOD – Fully meets requirements and demonstrates a strong understanding of the subject matter, with identifiable strengths and no significant weaknesses.

3 ACCEPTABLE – Meets the minimum requirements of the solicitation in an adequate manner, with no material deficiencies.

2 MARGINAL – Partially meets requirements. Weaknesses are identified that may increase risk or reduce confidence in successful performance.

1 POOR – Fails to meet several requirements or demonstrates significant weaknesses that materially increase performance risk.

0 UNACCEPTABLE – Does not meet the requirements of the solicitation or fails to adequately address the evaluation criterion.

3.6.3 Score Calculation Method

Weighted points for each evaluation criterion will be calculated using the following formula:

(Raw Score ÷ 5) × Criterion Weight = Weighted Points

Weighted points for all evaluation criteria will be summed to determine the total evaluation score for each Offer.

Numerical scoring is intended to support the evaluation process and does not create any entitlement or right to award based solely on point totals.

3.6.4 Evaluation Discretion

The Agency reserves the right to:

• Seek clarification of Offers in accordance with Section 3.5;

• Verify information provided by Offerors, including references, project experience, licensing, and other information relevant to the evaluation;

• Conduct additional evaluation steps if determined to be in the best interest of the State; and

• Reject any Offer that is determined to be non-responsive or from a non-responsible Offeror.

3.7 NEXT STEP DETERMINATION

The Agency may, but is not required to, conduct additional rounds of competition, discussions, interviews, or clarification activities if determined to be in the best interest of the State of Oregon.

3.8 PREFERENCES

No preferences will be applied to this solicitation.

3.9 RANKING OF OFFERORS

The Agency will rank Offers based on the total evaluation scores determined in accordance with Section 3.6.

Final award determination will be based on the Offer determined to provide the overall best value to the State, consistent with the evaluation criteria and applicable procurement requirements.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

If the Agency awards a Contract, the Agency intends to award a Contract to the responsible Offeror determined to provide the overall best value to the State based on the scoring methodology and process described in Section 3.

The Agency reserves the right not to award a Contract if it determines that doing so is not in the best interest of the State.

Any additional work or funding beyond the Contract’s not-to-exceed amount may only be authorized through a formally executed contract amendment.

4.1.2 Notice of Award

The Agency will notify all Offerors in writing of its intent to award a Contract to the selected Offeror, 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 provide proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to provide acceptable proof of insurance may result in termination of negotiations and initiation of negotiations with the next highest-ranking Offeror. Offerors are encouraged to consult their insurance agents regarding the insurance requirements contained in the Contract for Services (Attachment A) prior to submitting an Offer.

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.

The Agency will not make payment until a properly completed W-9 is received.

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.

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

Offeror shall review the attached Sample Contract and note exceptions. Unless the 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:

• Descriptions of goods and services

• Compensation

In the event that the parties have not reached mutually agreeable terms within 5 calendar days, the 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.

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

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)

http://www.oregon.gov/DAS

5.9 RESERVED

5.10 RESERVED

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 PRICING SUBMITTAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G STATEMENT OF WORK

EXHIBIT 1 MAP OF BOARDMAN PHASE I AND PHASE II AREAS

EXHIBIT 2 DEPARTMENT OF THE NAVY APPROVED PESTICIDE USE LIST

EXHIBIT 3 BOARDMAN CONSERVATION AREA RESTORATION PLAN (2007)

EXHIBIT 4 BOARDMAN CONSERVATION AREA FIVE-YEAR RESTORATION

IMPLEMENTATION PLAN (2008)

EXHIBIT 5 BOARDMAN CRYPTOGAMIC SOIL CRUST SALVAGE PLAN (2021)

Exhibits are provided for background and informational reference only unless expressly incorporated into the Statement of Work.