REV_WASSON-CREEK-RFP_Final_Clean_1-22-2024.doc.pdf

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STATE OF OREGON

COVER PAGE

DAS On Behalf of

DEPARTMENT OF STATE LANDS

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00009132 for

WASSON CREEK WATERSHED RIDGETOP-TO-ESTUARY

RESTORATION PROJECT

Date of Issue: January 22, 2024

Opening Date and Time: February 19, 2024

Single Point of Contact (SPC): Stefani Tew, Procurement & Contract Specialist

Phone (voice) 971.701.1860 E-mail: Stefani.Tew@das.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.

mailto:Stefani.Tew@das.oregon.gov

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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

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 ADDITIONAL ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DAS PS”) on behalf Department of State Lands, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for the Wasson Creek Watershed Ridgetop-to Estuary Restoration Project.

This project is located in the South Slough Reserve, Charleston, Oregon. South Slough Reserve manages its uplands for ecological value, forest health and fuel reduction in high-risk areas. The Wasson project aims to promote complexity in forest stands by implementing a variable density thinning prescription. This area of the reserve needs thinning work to improve forest health, promote growth of large limbed trees and promote understory growth. In addition to tree development, the project aims to promote healthy soils and provide habitat for wildlife.p

The entire project, Phase One and Two, must be completed by March 31, 2026.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be approximately 2 years, expected completion date of March 31, 2026. Options to renew to allow for work to be completed as necessary will be determined by the State of Oregon.

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

1.2 SCHEDULE

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

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

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Event Date Time

RFP Issue Date January 22, 2024

Mandatory Onsite Pre-Proposal Conference South Slough Visitor Center 61907 Seven Devils Rd Charleston, OR 97420

January 25, 2024 10:00 AM

Questions / Requests for Clarification Due January 30, 2024 5:00 PM

Answers to Questions / Requests for Clarification Issued (�pprox..) February 2, 2024

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal February 19, 2024 5:00 PM

Presentations, Demonstrations, or Interviews February 22, 2024, as needed

Issuance of Notice of Intent to Award (approx.) February 29, 2024

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Terminology specific to the OregonBuys system may be found at: https://oregonbuys.gov/bso/

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2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of State Lands (DSL) is the administrative agency of the State Land Board, Oregon's longest-serving board.

On behalf of the Land Board, DSL manages Oregon's 772,600 remaining acres of school lands and other resources that contribute revenue to the Common School Fund, as well as Oregon's public waterways.

Over time, the Oregon Legislature has expanded DSL's responsibilities. Today, the Department's work includes protection of wetlands and waters of the state and serving as the state partner for South Slough National Estuarine Research Reserve.

The Department's mission is to ensure Oregon's school land legacy and protect wetlands and waterways of the State through superior stewardship and service.

South Slough National Estuarine Research Reserve (South Slough Reserve) manages nearly 7,000 acres of natural areas along the Coos estuary on the south coast of Oregon. The Reserve was designated in 1974 as the first unit of the National Estuarine Research Reserve System (NERRS), a network of estuary habitats protected and managed for the purposes of long-term research, education, and coastal stewardship.

The South Slough Reserve encompasses a mixture of open water channels, tidal and freshwater wetlands, riparian areas and forested uplands. The reserve supports and coordinates research, education and stewardship programs that serve to enhance a scientific and public understanding of estuaries and contribute to improved estuarine management.

Since 1974, South Slough Reserve has grown in the depth and scope of its programs and has developed facilities to meet the needs of visitors and staff.

2.3.2 Project Overview and Background

South Slough Reserve (Property) manages its uplands for ecological value, forest health and fuel reduction in high-risk areas. The Wasson project aims to promote complexity in forest stands by implementing a variable density thinning prescription. This area of the reserve needs thinning work to improve forest health, promote growth of large limbed trees and promote understory growth. In addition to tree development, the project aims to promote healthy soils and provide habitat for wildlife.

Due to the complexity of this project, the project will be separated out in two phases, described in more detail below. The selected contractor will work directly with State Lands’ Subject Matter Expert (SME) to implement both phases. The selected contractor may sub-contract with other key persons as needed to complete the requested work. The Contractor and its sub-contractors will provide the Professional Services to complete Phase One and Phase Two by March 31, 2026. The Proposal shall address Proposer’s ability to cover Professional Services for both phases. After Phase One, the Contract may be amended to include agreed upon subcontracts before proceeding to Phase Two. The selected Contractor must provide the required reporting for work completed.

https://www.oregon.gov/dsl/Board/Pages/SLB.aspx https://www.oregon.gov/dsl/Board/Pages/SLB.aspx https://www.oregon.gov/dsl/About/Pages/AboutCSF.aspx https://www.oregon.gov/dsl/WW/Pages/Waterways.aspx https://www.oregon.gov/DSL/WW/Pages/Permits.aspx https://www.oregon.gov/DSL/SS/Pages/About.aspx

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Phase One: Discovery and Planning

The State intends to contract the professional services of a Forester Project Manager (FPM) to work directly with the Oregon Department of State Lands’ SME at the South Slough Reserve to, at a minimum, provide the following:

• Evaluate the Property and proposed plan to get a lay of the land, review prescription plan, and work with the SME to determine what services will be needed in order to complete the requested work (e.g., forest thinning, open existing access roads, slash management, post-project access road closure);

• Identify sub-contractors to complete services (as determined above)

• Provide an estimate of time and money for each sub-contractor;

• Create a Project Implementation Plan to include:

a. Outline of the services, completion dates, associated costs related to each service and sub-contractors;

b. How the work will be coordinated and accomplished;

c. Methods that will be used (ground-based and cable logging, for example);

d. Anticipated cost offset from take logs (Stewardship forestry);

e. Communication Plan with South Slough Reserve and SME;

f. Mutually agreed upon payment plan with the Department of State Lands and Contractor for all phases; and

g. Timeline of completion.

h. Revisions as required by the DSL SME to meet with DSL’s acceptance.

The information provided in Attachment titled Forest Contractor Scope of Work will provide detail needed to draft the Project Implementation Plan.

Phase Two: Project Execution

In Phase Two, the selected Contractor will complete the work described in the Project Implementation Plan that was finalized and mutually agreed upon by both parties in Phase One. The selected Contractor will provide professional services of its FPM, who will maintain direct communication of project status with DSL’s SME, including disclosure of any issues that arise.

2.3.3 Purpose

The Agency’s goal is to award one contract for Forest Project Management professional services to oversee and manage the project, including subcontracting out the work, as needed.

2.4 SCOPE OF WORK/SPECIFICATIONS

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See Attachment labeled Forest Contractor Scope of Work for details.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section. Proposer must describe in detail how requirements of this solicitation will be met and may provide additional related information.

3.1.1 Licensing/Registration Requirements

Proposer must be registered with OregonBuys and with the Secretary of State and provide Registry number that allows Proposer to do business within the State of Oregon. Link for business registration is as follows: https://sos.oregon.gov/business/Pages/obr-welcome.aspx

3.1.2 Key Person Requirements

Proposer must hold 10 years of experience supervising on-the-ground forestry projects and supervising logging contractors. Experience must demonstrate compliance with Oregon’s environmental regulations including the Oregon Forest Practices Act.

3.1.3 Other Requirements: Reserved

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements Section 3.3 below):

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons and Resumes (Section 3.3.6)

• Technical Proposal Approach (Section 3.3.7)

• Work Samples (Section 3.3.8)

3.2.2 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements Section 3.3. Responses to each section and subsection should be labeled to indicate the item being addressed.

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Proposer must submit its Proposal through OregonBuys (see Section 3.2.3) and is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Closing. Agency is not responsible for any delays by transmission errors or delays. Offers submitted by any means not authorized may be rejected.

3.2.3 OregonBuys Electronic Response.

Proposer must submit its Proposal electronically through OregonBuys. Proposer must follow the procedures outlined in:

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

For assistance, contact Vendor Help Desk support.oregonbuys@oregon.gov or call 1-855- 800-5046 for electronic submission.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

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

The Price Proposal must be submitted as a separate electronic response file.

3.2.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.3 PROPOSAL REQUIREMENTS

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

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposals containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet (Attachment C - Pass/Fail) 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@oregon.gov

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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.

3.3.2 References (Attachment D Pass/Fail)

Proposer shall provide 3 references from current or former clients 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 Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.3.3 Price Proposal (Attachment E – Scored)

Proposer shall submit a detailed Price Proposal (Attachment E) electronically through OregonBuys. The Price Proposal must include a narrative explaining how the price was reached. The Price Proposal must be submitted in a separate electronic file.

The submitted Price Proposal (Attachment E) must be inclusive of all the work necessary to provide the Forester Professional Services and oversight related to Phase One .

3.3.4 COBID Certification/Outreach Plan (Attachment F – Pass/Fail)

Proposer shall complete and submit the COBID Certification/Outreach Plan.

3.3.5 Responsibility Inquiry (Attachment G – Pass/Fail)

Proposer shall submit a signed Responsibility Inquiry form with Proposal (See Section 4.10.1.2)

3.3.6 Key Persons and their Resumes (Scored)

Proposer shall specify Key Persons, including any subcontractors, 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.

3.3.7 Technical Proposal Approach (Scored)

Proposer shall briefly describe how it intends to complete the steps required to create a Project Implementation Plan in Phase One of this project. The Proposal must illustrate how the approach will serve to both coordinate and accomplish the Work. Proposers must provide an anticipated completion date for Phase One.

The information provided in Exhibit 1 Forester Scope of Work and South Slough National Estuarine Research Reserve Wasson Uplands Restoration Plan found in https://www.oregon.gov/dsl/SS/Documents/Wasson_AppendixD_UplandsPlan_Commissio n%20Approved.pdf will provide detail on the overall project and the necessary information https://www.oregon.gov/dsl/SS/Documents/Wasson_AppendixD_UplandsPlan_Commission%20Approved.pdf https://www.oregon.gov/dsl/SS/Documents/Wasson_AppendixD_UplandsPlan_Commission%20Approved.pdf

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3.3.8 Work Samples (Scored)

Proposer shall provide Work Samples that include:

Summary in one paragraph with a description of relevant, related prior work, along with links or copies of up to 3 completed projects and work products within the last 5 years.

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held for interested Proposers. Attendance is mandatory. The purpose of the Pre-Proposal conference is to:

• Provide onsite detail and description of the project;

• Explain the RFP process; and

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

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by:

Meeting In-person at detailed information shared in RFP 1.2 Schedule.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission or email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP 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 in Section 1.2.

https://oregonbuys.gov/

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4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be received by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email or hard copy;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

• Protests to the RFP must be received by the due date and time identified in the

Schedule.

• Protests to an Amendment must be received by 5:00 p.m. Pacific Time on the second

Business Day following the issuance of the Amendment or the date/time specified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys.

Proposal submission must be electronically through OregonBuys at: OregonBuys.gov

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Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

If there are issues, contact information are as follows:

Phone: 1-855-800-5046 Email: support.oregonbuys@das.oregon.gov

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

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

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal 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 RFP or Amendment(s).

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

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4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, DASPS may waive mistakes in accordance with

OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), DASPS may establish a Competitive Range of all Proposers who have made a good faith effort in submitting a Proposal in response to this RFP for the purpose of correcting deficiencies in Proposals for determining responsiveness.

At any time prior to award, DASPS may reject a Proposer found to be not Responsive.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsible and Responsive requirements will be independently evaluated by members of an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available in the Point and Score Calculation section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposal. 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.

4.10.2.1 Technical Proposal Approach (100 points)

• How well does the Approach align with the project objectives?

• How well does the Approach explain proposed methods?

• Does the Proposer clearly demonstrate that Phase One can be completed in a timeframe that is sufficient to complete the entire project (both Phase One and Phase Two) by March 31, 2026?

4.10.2.2 Experience (Key Persons and Resumes; Work Samples) (200 points)

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• Does the Proposer have experience supervising on-the-ground forestry projects and logging contractors?

• Does the Proposer have experience implementing silvicultural prescriptions?

• Does the Proposer have experience complying to Oregon’s environmental regulations?

4.10.3 PRICE EVALUATION

The SPC will conduct the price evaluation for each category proposed. The SPC will calculate a score using the submitted Price Proposal’s (Attachment E – Price Proposal) total cost, using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

The Proposal that provides the lowest “total cost” will receive 100% of the total maximum 50 points available. Each of the other Proposals will receive a percentage of the maximum available points based on the percentage of their proposed price as it relates to the lowest proposed price using the formula below and rounded to the nearest tenth of a point.

4.10.4 PREFERENCES

4.10.4.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.4.2 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.10.4.3 Tiebreakers

If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.11 POINT AND SCORE CALCULATIONS

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

TOTAL POINTS POSSIBLE : 350

https://www.naspo.org/reciprocity1

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4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round by totaling the points awarded by each Evaluation Committee member and dividing by the number of members. The SPC will combine the average score for each Proposal with Proposer’s price score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.12.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.13 ADDITIONAL ROUNDS

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Best and Final Offers

POINTS POSSIBLE 350

4.10.2.1 Technical Proposal Approach 100

4.10.2.2

Experience

Key Persons and Resumes – 100 Work Samples - 100

Price Evaluation 50

4.10.3 Total Points Possible 350

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

Agency may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email, or hard copy;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required

DAS Procurement Services, Version 4.5 March 31, 2023 Page 18 of 21 information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer who is selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer 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.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer 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.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate ONLY the Scope of Work and the following terms and conditions:

Timeline of deliverables

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 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.

6.2 CERTIFIED FIRM PARTICIPATION

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

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

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

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

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, 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.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer 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 Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP 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 any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract award, or the rejection of any Proposal.

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.8 RECYCLABLE PRODUCTS

https://www.oregon.gov/das

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Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025)

3.3 PROPOSAL REQUIREMENTS