Oregon CWSRF Clean Watersheds Needs Survey RFP final.pdf

OregonBuys Bid # S-34000-00017729

STATE OF OREGON

COVER PAGE

Department of Environmental Quality is issuing this Intermediate Procurement under Bid Solicitation # S-34000-00017729 for

DEQ’S CLEAN WATERSHEDS NEEDS SURVEY

Date of Issue: August 18, 2026

Opening Date: September 4, 2026, at 5:00 PM PT

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

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

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFER CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 NEXT STEP DETERMINATION

3.7 PREFERENCES

3.8 POINT AND SCORE CALCULATIONS

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

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET (PRICE SHEET)

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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 Environmental Quality, (“Agency” or “DEQ”), is issuing this Intermediate Procurement for contractor services for data collection, review, and entry into the U.S. Environmental Protection Agency (EPA) Clean Watersheds Needs Survey Data portal, as well as facilitation and coordination with DEQ staff and manager on the completion of Oregon’s EPA-mandated Clean Watersheds Needs Survey (CWNS).

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

Agency anticipates the award of one Contract from this solicitation. The total estimated budget is $250,000. The initial term of the Contract is anticipated to be 16 months but may be extended if need arises.

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 August 25, 2026 1:00 PM

Questions / Requests for Clarification Due August 28, 2026 5:00 PM

Opening (offer Due) September 4, 2026 5:00 PM

Issuance of Notice of Award (approx.) September 25, 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 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. Terminology specific to the OregonBuys e-procurement system may be found at https://oregonbuys.gov/bso/.

2.2.2 Project Specific Definitions

Clean Watersheds Needs Survey (CWNS): EPA’s Clean Watersheds Needs Survey is an assessment of existing clean water infrastructure and the need for future investment to address the water quality objectives of the Clean Water Act over the next 20 years.

Point source: Any discernible, confined and discrete conveyance, including but not limited to a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft, from which pollutants are or may be discharged. “Point source” does not include agricultural stormwater discharges and return flows from irrigated agriculture.

Treatment works: The devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, necessary to recycle or reuse water at the most economical cost over the estimated life of the works. Treatment works include: intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment, and any appurtenance, extension, improvement, remodeling, addition or alteration to the equipment; and any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, storm water or nonpoint source related runoff, industrial waste or waste in combined storm water and sanitary sewer systems.

Nonpoint source (NPS): Typically, runoff caused by rainfall or snow melt. Otherwise, any source of water pollution that is not a discernible, confined and discrete conveyance from which pollutants are or may be discharged. EPA Basic Information about NPS Pollution.

2.2.2.1 Key CWNS data categories

Centralized wastewater treatment: Any facility that treats (for disposal, recycling or recovery of material) any hazardous or non-hazardous industrial wastes, hazardous or non-hazardous industrial wastewater, and/or used material received from off-site.

Specific centralized wastewater facility needs categories include:

• Secondary Wastewater Treatment

• Advanced Wastewater Treatment

• Infiltration / Inflow (II) Correction

• Sewer Replacement / Rehabilitation

• New Collector Sewers and Appurtenances

• New Interceptor Sewers and Appurtenances

Stormwater (grey and green): Needs for stormwater management program activities associated with the planning, design, and construction of stormwater conveyance structures (e.g., pipes, inlets, roadside ditches, and other similar mechanisms). This category also includes needs associated with the planning, design, and construction of structural best management practices that treat stormwater (e.g., wet ponds, dry ponds, manufactured devices). Green stormwater includes low-impact development and green https://oregonbuys.gov/bso/ https://www.epa.gov/nps/basic-information-about-nonpoint-source-nps-pollution infrastructure (e.g., bioretention, constructed wetlands, permeable pavement, rain gardens, green roofs, cisterns, rain barrels, vegetated swales, restoration of riparian buffers and flood plains).

NPS control – Hydromodification: This category includes needs to address the degradation of water resources as a result of altering the hydrological characteristics of coastal and non-coastal waters. For a stream channel, hydromodification includes the process of the stream bank being eroded by flowing water, typically resulting in the suspension of sediments in the watercourse. Examples of such hydromodification activities include channelization and channel modification, dams, and stream bank and shoreline erosion. Some typical BMPs used to address hydromodification needs are conservation easements, swales, filter strips, shore erosion control, wetland development or restoration, and bank or channel (grade) stabilization. This category includes any work involving wetland or riparian area protection or restoration.

See EPA's web page about CWNS data categories for more information.

2.3 OVERVIEW AND PURPOSE

DEQ’s Water Quality Division is seeking a contractor to assist in completing the CWNS for Oregon. Primary work will include data collection, review, and entry into the EPA CWNS data portal, as well as facilitation and coordination with DEQ staff and manager to complete the survey.

The CWNS is a Congressional mandate for Clean Water State Revolving Fund (CWSRF) programs to assess capital improvement needs for projects eligible under Section 1383(c) of the Clean Water Act. The survey must be completed by all state CWSRF programs every four years pursuant to Section 205(a) of the Clean Water Act. This effort includes documenting the cost and project needs for wastewater, decentralized wastewater, stormwater infrastructure and NPS pollution projects for Oregon communities.

2.4 SCOPE OF WORK/SPECIFICATIONS

For the duration of the contract, the contractor will complete the following:

• Complete cost data collection, review, and entry for specific project needs categories into the EPA CWNS data entry portal by set deadlines.

• Work with DEQ and EPA as needed to complete the survey.

• Provide regular updates to the DEQ project manager.

• Manage the contract and work under each task.

• Resolve any issues with the DEQ project manager.

Contractor responsibilities to document project needs:

• Wastewater system data collection, review, entry, and audit follow up for between 100 and 200 systems, depending on availability of source documentation.

• Stormwater facilities data collection, review, entry, and audit follow up for Municipal Separate Storm Sewer Systems (MS4) Phase 1, Phase 2, and non-traditional MS4 unregulated community stormwater systems (estimated number of between 50 and 100 systems).

https://www.epa.gov/cwns/about-clean-watersheds-needs-survey-cwns

• Develop state-specific approaches (i.e., stormwater), to be approved by DEQ and EPA, as appropriate.

• Nonpoint source hydromodification data collection.

• Submit data on project needs into EPA portal to complete CWNS by deadline.

Task 1- Training and preparation

Tentative dates (subject to schedule change by EPA) October 1, 2026, through March 31, 2027.

In consultation with the DEQ project manager, the contractor will:

• Finalize process, roles, and responsibilities to ensure appropriate oversight and engagement.

• For stormwater, review DEQ-provided spreadsheets of communities that submitted data for the 2022 CWNS survey. Data collection for each community listed in the spreadsheet will need to be completed. A review of this spreadsheet may also inform the need for a state specific approach. There also may be new facilities that need to be added to the spreadsheet.

• For stormwater, develop a novel state specific approach for Oregon and submit to EPA for approval, which may include adapting an EPA approved approach from another state. Contractor will submit a completed request to EPA as soon as possible but no later than March 31, 2027 (EPA deadline), using forms or requirements through the EPA CWNS data entry portal. Only DEQ approved state specific approaches will be submitted by the contractor.

Task 1 Deliverables

• Project plan identifying roles, processes, needs for specific categories identified and deadlines to accomplish work.

• For stormwater and/or NPS hydromodification, document any state specific novel approach as needed.

• Approved EPA state specific approaches, as applicable.

Task 2 - Data collection

Tentative dates: October 1, 2026, through October 29, 2027.

The contractor will need to begin data collection in preparation for the data entry into the entry portal as soon as possible. The data entry period initiates on January 4, 2027, and will conclude on October 29, 2027.

• Data collection will include:

Project needs and cost estimates for wastewater systems

• Project needs and costs estimates for stormwater facilities

• NPS: hydromodification project needs and cost estimates

• The contractor will assist the DEQ with collection of wastewater and stormwater data from communities, utilities, and other sources including:

Collecting and reviewing data and documentation to identify needs, projects and costs to be included in the survey.

Working with entities to collect any additional data or documentation needed to address questions or issues that arise with regards to needs, and to ensure all identified needs are adequately represented to the extent practicable.

• The contractor will assist DEQ with collecting data for NPS control: hydromodification needs including the following by February 1, 2027, as a state specific approach will be needed.

Collecting and reviewing documentation to identify projects to be included in the survey.

Documents with needed projects may come from watershed councils, soil and water conservation districts, watershed assessments and/or other entities and resources as needed. DEQ is getting costs for different hydromodification projects and plans to submit a state specific approach once project needs are known.

Task 2 Deliverables

• Summary of data collected for project categories (wastewater, stormwater, NPS hydromodification) including data sources (communities, agencies, organizations, DEQ, etc.)

Must include notes for communities that don’t have documentation, as no costs will be entered for those communities.

• Summary of projects needed and cost estimates from data collection.

• EPA has a spreadsheet template to use.

Task 3 - Data processing, submittal and finalization

Tentative dates: January 4, 2027, through January 1, 2028.

For all categories mentioned above, the contractor will complete the following:

• Review documents and data to identify needs, projects, and costs to be included in the survey, including data for a possible stormwater state specific approach.

• Process and annotate documents following EPA guidance to identify eligible needs and write Statements of Clarification where necessary to explain potentially ineligible projects, needs, and other ambiguities.

• Categorize all documented needs according to EPA guidance.

• Submit cost data to EPA through the data entry portal on behalf of

DEQ by October 29, 2027, or a later deadline as determined by EPA.

• Respond to EPA questions and requests. Solicit additional information from the community and/or State if necessary to resolve EPA questions.

• Resolve issues to satisfaction of EPA to maximize needs captured to the extent practicable.

• During EPA review of data period (January 2027 – January 2028), contractor must be available to address questions and/or clarifications regarding data as needed.

Task 3 Deliverables

• Completed EPA data entry template summarizing data for entry into EPA CWNS portal

• Confirmation of data entry into EPA CWNS portal

• Final report summarizing tasks completed

Table 1. CWNS tentative schedule and timelines, as of August 2026

DATE MILESTONE

March 23, 2026 Office of Management and Budget approval of the Information Collection Request

September 30, 2026 Deadline for pre-survey changes

December 1, 2026 State-specific approaches and state survey submittal period begins

January 4, 2027 Official data entry begins

March 31, 2027 State-specific approach and state survey submittal period ends (including requests to adapt another state’s approved state-specific approach)

August 31, 2027 Prior approval period for documents 5 (Cost of Previous Comparable Construction) and 99 (Other—Undesignated)

October 29, 2027 Official data entry period ends

January 2027– January 2028 The EPA reviews state data (rolling basis)

Late 2027 The EPA hosts CWNS 2027 end-of-survey meeting

Late 2028 The EPA delivers CWNS 2027 Report to Congress

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.1.1 RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

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

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

3.2.2 Authorized Representative

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

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

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

Agency shall advertise all Amendments on OregonBuys 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 submitted via OregonBuys or to BIDSDEQ@deq.oregon.gov.

If submitting via OregonBuys: Questions can be submitted by navigating to the

Bid Solicitation and entering questions in the Q&A tab.

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

o Reference the OregonBuys bid number o Identify Offeror’s name and contact information o 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 Pre-Offer Conference

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

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

The purpose of the pre-submittal conference is to:

• Provide additional description of the project;

• Explain the solicitation process; and

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

https://oregonbuys.gov/bso

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

3.3.3.1 Attendance at Pre-Submittal Conference

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

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/278723323097096?p=hgWDb2qcvrjCf15PPY

Meeting ID: 278 723 323 097 096

Passcode: GZ69CQ9e

Need help? | System reference

Dial in by phone

+1 503-446-4951,,583838802# United States, Portland

Find a local number

Phone conference ID: 583 838 802#

3.3.4 Offer Submission

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

3.3.4.1 Submission Options

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

NOTE: Upon successful submission of Offer in OregonBuys, OregonBuys will send an email confirmation to the Offeror at the email listed in their vendor profile. If Offeror does not receive the email, Offeror should contact OregonBuys Supplier Support immediately at 1-855-5046 or support.oregonbuys@das.oregon.gov for assistance. It’s highly recommended Offeror also contact the SPC.

The price 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.

https://teams.microsoft.com/meet/278723323097096?p=hgWDb2qcvrjCf15PPY https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTBhNTRjOGItNmQwMy00ZDYyLWI1M2UtNGUwYTJjMjk2NmQy%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22fe6fd6c3-006d-4288-8676-f92e3f9876da%22%7d tel:+15034464951,,583838802 https://dialin.teams.cloud.microsoft/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=583838802 https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@das.oregon.gov

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

3.3.5 Modification or Withdrawal of Quotes or Offers

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

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

3.3.6 Offer Opening Date

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

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

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

3.3.7 Offer Rejection

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

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

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

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

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

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

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

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

3.3.8 Opening of Offers

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

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

3.4 OFFER CONTENT REQUIREMENTS

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

3.4.1 Project Plan

Provide a Project Plan that describes how the Offeror will accomplish the tasks described in Section 2.4 Scope of Work. The Project Plan must incorporate all the information from Section 2.4 Scope of Work. The Project Plan must also include a proposed work schedule and timeline the Offeror will follow to produce the deliverables described in Section 2.4 Scope of Work. Project plan not to exceed 5 pages.

3.4.2 Relevant Experience and Project Team/Key Persons Experience and Resumes

Provide a description of relevant experience regarding the Clean Watersheds Needs Survey, including:

• Prior work on compiling and/or entering data for the EPA CWNS.

• Knowledge of the different CWNS needs categories, data, and requirements.

• Experience reviewing documents, including plans, to identify projects and determine costs for the project needs categories.

• Experience submitting and getting approval from EPA for state specific approaches used to estimate CWNS needs.

• Experience contacting communities to discuss the CWNS and request needed documentation.

• Experience with entering data into EPA’s CWNS data entry portal.

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

3.4.3 Proposer Information and Certification Sheet

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

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.4.4 References

Provide at least 2 references on the Reference Form (Attachment D) from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to 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.

3.4.5 Price Proposal

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

• A proposed budget which includes all estimated labor and material costs associated with the project, broken up by proposed task/deliverable.

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

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

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

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

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

DEQ will work with selected contractor to determine whether payment will be paid on a per-task or per-deliverable basis

3.4.6 Responsibility Inquiry

Submit a completed Responsibility Inquiry (Attachment G).

3.4.7 Public Record/Confidential or Proprietary Information

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

Offeror is cautioned that 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 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.

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

3.5.2.1 Project Plan (0-35 points possible)

The Project Plan should demonstrate the degree to which the Offeror understands the Scope of Work, goals and deliverables as well as any relevant assumptions, potential challenges, and mitigation measures to address challenges associated with this work.

The Project Plan should include description of the methodology for gathering data on specific needs and meeting deliverables within timeframes. DEQ will specifically consider how the Project Plan:

• Describes how the offeror will complete CWNS tasks and incorporate information described in Section 2.4 Scope of Work.

• Outlines a proposed work schedule, specific tasks, and timeline the Offeror will follow to produce the deliverables described in Section 2.4.

• Addresses needs for potential state specific approaches (i.e., for the stormwater category).

• Describes approach/methodology for outreach and gathering data regarding project needs and costs for the CWNS.

• Addresses coordination with DEQ regarding the contract, tasks, updates, and deliverables.

• Ensures information is compiled and presented in an efficient, effective, and understandable manner.

• Ensures delivery of tasks including data entry into EPA portal within budget and on time.

• Addresses quality assurance.

Section 3.5.2.1 Rating Scale

SCORE EXPLANATION

28 – 35 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.

19 – 27

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

10 – 18 ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Offeror.

1 – 9 FAIR – Offeror meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

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.

3.5.2.2 Relevant experience and project team qualifications (0-35 points possible)

DEQ will evaluate relevant experience and project team qualifications based on:

• Demonstrated understanding and experience with CWNS work.

• Specific examples of related work that demonstrate experience and ability to perform work for the Oregon CWNS.

• Qualifications of key persons, including any subcontractors if applicable, who will be assigned key positions for this project.

• Description of duties and responsibilities, by individual.

• Resumes for each identified key person on the project team.

• Described skills and experience of staff assigned to the project that is comparable to the tasks submitted in the offer.

• Prior work on compiling and/or entering data for the EPA CWNS.

• Knowledge of the different CWNS needs categories, data, and requirements.

• Experience reviewing documents, including plans, to identify projects and determine costs for the project needs categories.

• Experience submitting and getting approval from EPA for state specific approaches used to estimate CWNS needs.

• Experience contacting communities to discuss the CWNS and request needed documentation.

• Experience with entering data into EPA’s CWNS data entry portal.

Section 3.5.2.2 Rating Scale

28 – 35 OUTSTANDING - Response meets all requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. Offeror provides significant insight into its expertise, knowledge and understanding of the subject matter.

19 – 27 VERY GOOD – Response meets all requirements and provides useful information, while showing experience and knowledge of the subject matter and project.

10 – 18 ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Offeror.

1 – 9 FAIR – Offeror meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

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.

3.5.2.3 Budget (0-10 points possible)

Line-item budget that aligns with the Project Plan and clearly describes costs, expenditures, and any other available funding consistent with the Scope of Work.

Table 2. Section 3.5.2.3 Rating Scale

9 - 10

OUTSTANDING - Response meets all requirements and has demonstrated in a clear and concise manner and reflects a thorough knowledge and understanding of the resources required to successfully complete tasks identified in the Project Plan. Offeror precisely identifies the program personnel by position, duties, FTE required to successfully complete them.

Response reflects significant insight into the financial resources needed to complete each portion of the workplan.

6 – 8

VERY GOOD – Response meets all requirements and provides useful information. Response provides reasonable assurance that the proposer understands the resources required to successfully complete tasks identified in the Project Plan. Identifies the program personnel by position, duties, and FTE required. Response demonstrates above average insight into the financial resources needed to complete each portion of the workplan with no major deficiencies noted.

3 - 5

ADEQUATE – Response meets all requirements in an adequate manner.

Response provides reasonable assurance that the proposer understands the resources required to successfully complete tasks identified in the Project Plan.

Adequately identifies the program personnel by position, duties, and FTE required. Response demonstrates average insight into the financial resources needed to complete each portion of the workplan with no major deficiencies noted.

1 - 2 FAIR – Response meets minimum requirements but does not demonstrate sufficient knowledge or does not provide reasonable assurance that the Offeror understands the resources required to successfully complete tasks identified in the workplan. Minimally identifies the program personnel, position, duties, and FTE required with no additional information put forth by the proposer.

RESPONSE OF NO VALUE – Response is unacceptable and does not meet the basic requirements. Offeror has not provided, or lacks one or more of, the essential components of the price sheet as detailed in Section 3.3.4.

3.5.2.4 Price (0-20 points possible)

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

lowest price of all Offerors X 20 price points possible = price score price being scored

3.6 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.

3.7 PREFERENCES

3.7.1 Oregon Small Business Enterprises

Agency prefers Oregon Small Business Enterprises (OSBEs), as described in OAR 125-246- 0230. For evaluation purposes, Agency will apply an OSBE preference by increasing the score or point total of any Offer submitted by an OSBE by 10%.

3.7.2 Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

3.7.3 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.

3.8 POINT AND SCORE CALCULATIONS

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

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

ITEM MAXIMUM

POINTS POSSIBLE

A Project Plan (Section 3.5.2.1) 35

B Relevant experience and project team qualifications (Section 3.5.2.2) 35

C Budget (Section 3.5.2.3) 10

D Price (Section 3.5.2.4) 20

TOTAL POINTS POSSIBLE: 100

3.9 RANKING OF OFFERORS

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

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

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

4.1.2 Notice of Award

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

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

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

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

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

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

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall 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

After selection of a successful Offeror, Agency may negotiate the Statement of Work as well as following terms and conditions:

• Term of the contract

• Descriptions of goods and services

• Compensation/Pricing

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

SECTION 5: ADDITIONAL INFORMATION

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

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 the COBID website or email COBID.

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

5.3 GOVERNING LAWS AND REGULATIONS

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

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

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

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

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

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET (PRICE SHEET)

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

http://www.oregon.gov/DAS