RFP 10263 Archaeological Services for Statewide Capitol Park Improvements and Enhancements.pdf

RFP 10263 A&E and Related Services for Archaeological Services Page 1

FORMAL

REQUEST FOR PROPOSALS

OPRD RFP No: 10263

OregonBuys Solicitation #S-63400-00009006

Architectural, Engineering and Related Services Price Agreements Category 6 - Archaeological Services

For Statewide Capital Park Improvements and Enhancements

PROPOSALS DUE: February 6, 2024 NOT LATER THAN 10:00 AM (PT)

LATE PROPOSALS WILL NOT BE ACCEPTED

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TABLE OF CONTENTS

1.0 ADVERTISEMENT, NOTICE INFORMATION, PRE-PROPOSAL CONFERENCE, SCHEDULE ... 3

1.01 ADVERTISEMENT

1.02 PUBLIC NOTICE

1.03 SOLICITATION LAW AND RULES

1.04 PRE-PROPOSAL CONFERENCE

1.05 SOLICITATION SCHEDULE

2.00 PURPOSE, BACKGROUND AND SCOPE OF WORK

2.01 PURPOSE

2.02 BACKGROUND

2.03 SCOPE OF WORK

2.04 POTENTIAL PROJECTS

2.05 ESTIMATED SCHEDULE

2.06 APPLICABLE DEFINITIONS

3.00 PROCUREMENT REQUIREMENTS

3.01 PROPOSAL SUBMISSION VIA OREGONBUYS

3.02 RFP PROTEST AND REQUEST FOR CHANGE

3.03 COST OF PREPARATION OF RESPONSE

3.04 PROPOSAL REJECTION AND SOLICITATION CANCELLATION

3.05 DISPUTES

3.06 COLLUSION

3.07 OREGON FALSE CLAIMS ACT

3.08 PUBLIC RECORDS

3.09 CONFIDENTIAL OR PROPRIETARY INFORMATION:

3.10 CERTIFICATION OF COMPLIANCE WITH DISCRIMINATION LAWS

3.11 PROPOSAL VALIDITY

3.12 COBID REQUIREMENTS

3.13 PAY EQUITY COMPLIANCE REQUIREMENTS

3.14 COMPLIANCE WITH OREGON EXECUTIVE ORDER 21-29, COVID-19 VACCINATION

REQUIREMENT FOR STATE EXECUTIVE BRANCH

3.15 RECYCLABLE PRODUCTS

3.16 SILENCE OF SPECIFICATION

4.00 PROPOSAL EVALUATION AND SELECTION

4.01 PROPOSAL ELEMENTS

4.02 EVALUATION AND SELECTION

4.03 MINOR INFORMALITIES

4.04 CLARIFICATION OF RESPONSES

4.05 REFERENCES

4.06 CANCELLATION

4.07 PROTEST OF PROPOSER SELECTION

4.08 NEGOTIATIONS

5.00 PRICE AGREEMENT TERMS AND CONDITIONS

5.01 THE STATE OF OREGON PROFESSIONAL SERVICES PRICE AGREEMENT

5.02 INSURANCE REQUIREMENTS

5.03 LEGAL COMPLIANCE

5.04 CERTIFICATE OF PAY EQUITY TRAINING

6.00 ATTACHMENTS

6.01 ATTACHMENT A: Sample Professional Services Price Agreement

6.02 ATTACHMENT B: Proposer Representations and Certifications

6.03 ATTACHMENT C: Reference Form

6.04 ATTACHMENT D: Certified Business Firm Outreach Plan

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1.0 ADVERTISEMENT, NOTICE INFORMATION, PRE-PROPOSAL CONFERENCE,

SCHEDULE

1.01 ADVERTISEMENT

RFP #: 10263

OregonBuys #: S-634000-00009006 PROJECT: Statewide Capital Park Improvements and Enhancements, Professional Services Price

Agreements, Archaeological Services Issuance Date: December 26, 2023 Voluntary Pre-proposal Conference: January 17, 2024 at 9:00 AM (PT) Proposal Due Date and Time: February 6, 2024 at 10:00 AM (PT)

OPRD Single Point of Contact: Melody Waight, Sr. Contracts Specialist

1.02 PUBLIC NOTICE

The Oregon Parks and Recreation Department, hereinafter called “OPRD” or “Owner”, requests written Proposals to secure professional services for price agreements for projects located at State Park sites throughout the State of Oregon.

Professional services for price agreements to be awarded pursuant to this solicitation include the following category:

Category 6: Archaeological Services

1.03 SOLICITATION LAW AND RULES

This RFP and any resulting Price Agreements and Work Order Contracts are governed by Oregon Law.

The Services subject to this RFP are defined in ORS 279C.100. Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and Administrative Rules of the Oregon Department of Justice [OAR Chapter 137 Divisions 046 and 048). The RFP and resulting Price Agreements and Work Order Contracts may be subject to other laws and rules.

1.04 PRE-PROPOSAL CONFERENCE

VOLUNTARY PRE- PROPOSAL CONFERENCE:

A voluntary pre-proposal conference will be held on January 17, 2024 at 9:00 AM via Microsoft TEAMS (see TEAMS link below). The meeting is designed to clarify the information that is requested and give an opportunity for questions and answers.

Any statements made at this conference will not change the terms of this RFP or other Contract Documents unless an Addendum has been issued from OPRD and advertised on the OregonBuys system.

PROPOSERS ARE NOT REQUIRED TO ATTEND THIS VOLUNTARY PRE-PROPOSAL

CONFERENCE, BUT WITH THE COMPLEXITY OF THIS PROJECT IT IS STRONGLY

RECOMMENDED THAT PROPOSERS OR THEIR REPRESENTATIVE ATTEND.

Click on the following link to join the TEAMS meeting:

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Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 269 035 160 005 Passcode: P2Q5vE Download Teams | Join on the web Or call in (audio only) +1 503-446-4951,,353121286# United States, Portland Phone Conference ID: 353 121 286# Find a local number | Reset PIN Learn More | Meeting options

1.05 SOLICITATION SCHEDULE

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

EVENT DATE TIME (Pacific) Voluntary Pre-Proposal Conference January 17, 2024 9:00 AM Questions / Requests for Clarification Due January 19, 2024 2:00 PM Answers to Questions / Requests for Clarification Issued (approx.)

January 22, 2024

RFP Protest Period Ends January 30, 2024 10:00 AM Closing (Proposal Due) February 6, 2024 10:00 AM Opening of Proposal Immediately following Closing Issuance of Notice of Selection Notice(approx.) February 15, 2024 Award Protest Period Ends 7 calendar days after Notice of Selection Notice

2.00 PURPOSE, BACKGROUND AND SCOPE OF WORK

2.01 PURPOSE

The Oregon Parks and Recreation Department (“OPRD”) is seeking to increase its pool of firms providing professional Archaeological Services under the Price Agreements resulting from the 2022 solicitation (Architectural, Engineering and Related Services Price Agreements for Statewide Capital Park Improvements and Enhancements, OPRD RFP No 8975).

OPRD intends to enter multiple Price Agreements with firms qualified to provide the archaeological services described in this RFP under which OPRD will issue Work Order Contracts (“Work Order” or WOC”) for specific projects on an as-needed basis during the Term(s) of the Price Agreements.

The initial term and WOC assignment period of the resulting Price Agreements will be four (4) years. This initial term may be extended at OPRD’s sole discretion for additional time periods for a maximum overall term limit of ten (10) years.

OPRD awarded Price Agreements to multiple firms for the following Categories of Services:

Category 1: A&E Services, Architectural Focus, Professional Design Services Category 2: A&E Services, Civil Engineering Focus, Professional Design Services Category 3: A&E Services, Landscape Architecture & Design Services Category 4: Project Management Services Category 5: Environmental Services Category 6: Archaeological Services Category 7: Historical Preservation

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Category 8: A&E Services, Planning Services

In this current RFP, OPRD intends to supplement its pool of consultants in Category 6: Archaeological Services.

2.02 BACKGROUND

The 2021 Oregon Legislature approved $50 Million in General Obligation Bonds for Capital Improvements to the Oregon State Park system (“Go Bond”). This funding targets parkwide rehabilitation projects, campground expansions and enhancements as well and historic preservation and restoration. In February 2022, OPRD solicited for price agreements for services including architectural and engineering services, archaeologic, natural and historic resources, project management, landscape architecture as well as planning and design services to support and advance the Go Bond projects, as well as other related or similar projects involving structural additions, improvements and enhancements, including but not limited to campgrounds, trails, facilities, and associated deferred maintenance. In 2023, the Oregon Legislature approved an additional $16 million in Policy Option Package funding.

This funding presents a unique opportunity for the Oregon Parks and Recreation Department (“OPRD”) to accomplish a great deal of needed updates, improvements and enhancements in a short period of time.

OPRD has a need for additional consultants in Category 6 (“Archaeological Services”). The purpose of this RFP is to solicit for price agreements for archaeological services.

Although the estimated project costs for the Services provided under the resulting Price Agreements is unknown, the estimated spending under all Price Agreements awarded under this RFP is estimated between $100,000 and $4,000,000.

2.03 SCOPE OF WORK

A. The Services of professional archaeological services firms are required for various components of the potential projects and are described below and in Exhibit A-6 of RFP Attachment A (Sample State of Oregon Professional Services Price Agreement).

ARCHAEOLOGICAL SERVICES - DESCRIPTION OF SERVICES

Desktop literature reviews Perform onsite pedestrian surveys Perform onsite archaeological monitoring Perform onsite archaeological monitoring with archaeological permit Perform Phase I Presence/Absence Testing Perform Phase II Eligibility Testing Project close out including archaeological reports and correspondence

2.04 RESERVED

2.05 ESTIMATED SCHEDULE

Projects are proceeding in accordance with the funding requirements. Schedules for services will be established in WOCs resulting from the PAs.

2.06 APPLICABLE DEFINITIONS

This paragraph contains some definitions and meanings that are used throughout this Request for Proposals (RFP), including appropriate abbreviations. In addition to terms defined elsewhere in this RFP, the definitions below apply to this RFP.

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"A&E" means professional architectural, engineering, or land surveying services based on the scope of work associated to this RFP that are required to be performed by an Architect, Engineer, or Land Surveyor, as defined in ORS 279C.100 .

“Award” A Proposer has been awarded a Price Agreement for Services. The deadline for protest of Proposer selection has passed and no aggrieved Proposer has filed a protest of the selected Proposer.

“Category” means the individual classifications for the Services solicited pursuant to this RFP.

“OPRD” is the Oregon Parks and Recreation Department.

"OregonBuys System" or “OregonBuys” means the on-line electronic Oregon automated procurement system administered by the State’s Department of Administrative Services. The OregonBuys System website is: https://oregonbuys.gov/bso/

“Owner” as defined in the Price Agreement or Work Order Contract between Owner and the Consultant shall be the State of Oregon, Oregon Parks and Recreation Department.

"Price Agreement" means an agreement entered into between OPRD and an A&E firm or an A&E and Related Services firm for the Services covered by this RFP.

"Proposal" is the Proposer’s response to this RFP.

"Proposer" is the entity submitting a response to the RFP solicitation.

"Proposer or Offeror" is any person, corporation, or partnership who chooses to submit a Proposal in response to this RFP, with the intent of providing A/E or Related services for the Project(s).

“Request for Proposal” or "Request for Proposals" or "RFP" is this solicitation document, any attachments incorporated by reference, and any addenda issued for use in soliciting Proposals, for the Project(s).

“Related Services” has the meaning provided in ORS 279C.100.

"Selection Notice” means a formal written notice by OPRD that a Proposer has been selected for an award and can enter into a Contract for Services after the protest period passes.

“Services” means the Services to be performed by the consultant on the Project(s).

“State” is the State of Oregon.

“Work Order Contract” A Work Order Contract is a contract issued pursuant to the price agreement to provide a professional service.

3.00 PROCUREMENT REQUIREMENTS

3.01 PROPOSAL SUBMISSION VIA OREGONBUYS

A. REGISTRATION REQUIREMENT: All proposers must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see https://www.oregon.gov/das/ORBuys/Pages/supplierregistration.aspx.

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Proposers are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. OPRD shall not be responsible for defective registration or incorrect vendor information.

B. CROSSWALK of TERMS

Terms used in OregonBuys

Definition

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

Bid Opening Date “Closing” as defined in OAR 137-046-0110(5). In OregonBuys, it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Solicitation, after which the “Opening” as defined in OAR 137-046-0110(21) will immediately occur.

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

Change Order A formal change to an existing MBPO (i.e., any form of contract; agreement; price agreement or on-call contract, etc.; purchase order; or work order contract.

Master Blanket Purchase Order

(“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.; purchase order;

or work order contract.

Quote Any form of Bid submission by vendors (i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation).

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

C. PROPOSAL SUBMISSION

Proposer must complete and submit via OregonBuys all required items, in accordance with all instructions in this RFP, no later than the RFP Opening Date and time specified in OregonBuys for this RFP (submittals by any other means will be rejected).

3.02 RFP PROTEST AND REQUEST FOR CHANGE

Prospective Proposers may submit a written protest via email of anything contained in the RFP and may request a change to any provision, specification or Price Agreement or Work Order Contract term contained in the RFP, no later than seven (7) calendar days prior to the Proposal deadline set in the RFP. Protests shall follow the requirements set forth in OAR 137-048-0240(1). Each protest and request for change must include the reasons for the protest or request, and any proposed changes to the RFP provisions, specifications or Price Agreement or Work Order Contract terms. OPRD will not consider any protest or request for change that is submitted after the submission deadline. Protests shall be sent to the designated OPRD contact at the address specified in section 1.01 of this RFP. If OPRD determines that additional information or interpretation is necessary, such information or interpretation will be supplied in Addenda that will be posted on OregonBuys. All such Addenda shall have the same binding effect as though contained in the main body of this RFP. OPRD shall issue all Addenda not less than five (5) calendar days prior to the Proposal deadline.

3.03 COST OF PREPARATION OF RESPONSE

Each Proposer is responsible for all costs incurred in Proposal preparation and participation in the Proposal evaluation, Award and Price Agreement negotiation processes.

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3.04 PROPOSAL REJECTION AND SOLICITATION CANCELLATION

OPRD may reject any and all Proposals prior to Price Agreement execution and may cancel this RFP at any time if OPRD believes it is in the public interest to do so. OPRD is not liable for any costs or expenses incurred by RFP cancellation or Proposal rejection.

3.05 DISPUTES

In case of any doubt or differences of opinion as to the items or Service to be furnished hereunder, or the interpretation of the provisions of the RFP, the RFP on file with OPRD shall govern and the decision of OPRD shall be final and binding upon all parties.

3.06 COLLUSION

A Proposer submitting a Proposal hereby certifies that no officer, agent or employee of the State has a pecuniary interest in this Proposal; that the Proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer and that the Proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

3.07 OREGON FALSE CLAIMS ACT

Each Proposer, by submitting a Proposal in response to this RFP, thereby certifies that it understands that any statement or representation contained in or attached to its Proposal, and any statement, representation, or application the Proposer may submit under any Price Agreement OPRD may award under this RFP, that constitutes a “claim” (as defined by the Oregon False Claims Act, ORS 180.750(1)), will be subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

3.08 PUBLIC RECORDS

All Proposals and protests are public information after the Proposals have been opened and after the protest period ends. However, copies of Proposals will not be provided until the evaluation process has been completely closed and Price Agreement(s) have been executed with the selected Proposer(s).

Copies of public information may be requested by any person. Therefore, if the Proposer considers any part of its Proposal or protest a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.410 through 192.505, the Proposer must clearly designate that portion as confidential in order to obtain protection, if any, from disclosure at the time of submission. See Oregon Revised Statutes 192.410 through 192.505, and 646.461 to 646.475. Application of the Oregon Public Records Law shall determine if the confidential information claimed to be exempt is in fact exempt from disclosure.

3.09 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Price Agreement(s), responses to this RFP are subject to release as public information unless the response or specific information contained therein is identified as exempt from public disclosure.

Proposer is advised to consult with legal counsel regarding disclosure issues.

In accordance with ORS 279C.107, if a Proposer believes that any portion of a Proposal contains any information that is considered a trade secret under ORS Chapter 192.501(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.410 through 192.505, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.410 through 192.505.”

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Identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under Oregon Public Records Law. If Proposal fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer is deemed to have waived any future claim of non-disclosure of that information.

3.10 CERTIFICATION OF COMPLIANCE WITH DISCRIMINATION LAWS

Each Proposer, by submitting a Proposal in response to this RFP, thereby certifies that it has not discriminated against minority, women or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, as that term is defined in ORS 408.225, in obtaining any subcontracts, and that the Proposer is not in violation of any discrimination laws.

3.11 PROPOSAL VALIDITY

Proposals shall remain valid for a period of ninety (90) days following the deadline set for receiving Proposals.

3.12 COBID REQUIREMENTS

The Proposer shall comply with the requirements set forth in ORS 200.005 to 200.075 for participation by disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses owned by service-disabled veterans and emerging small businesses that the Certification Office for Business Inclusion and Diversity has certified under ORS 200.055 (“COBID Certified Business” or “Certified Business Firm”). COBID Certified Businesses must have an equal opportunity to participate in the performance of contracts financed with State funds.

The Proposer shall comply with the requirements set forth in ORS 200.005 to 200.075, each Proposer shall submit a COBID Certified Business Outreach Plan with the Proposer’s Proposal (see Attachment D).

By submitting a Proposal, each Proposer further certifies and agrees that it has not discriminated and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin, and it has not discriminated and will not discriminate against any subcontractor in awarding a subcontract because the subcontractor is a COBID Certified Business.

If there may be opportunities for subcontractors to work on the Project, it is the expectation of the Owner that the Proposer will take reasonable steps to ensure that COBID Certified Businesses are provided an equal opportunity to compete for and participate in the performance of any contract and/or subcontracts resulting from this procurement.

Agency will not consider a Proposer’s COBID Certified Business Outreach Plan in selecting a Consultant or score or evaluate the plan as part of an evaluation of a Proposal, but the COBID Certified Business Outreach Plan is a mandatory submittal under this RFP and will become a contractual obligation of the successful proposer under any contract that results from this RFP.

3.13 PAY EQUITY COMPLIANCE REQUIREMENTS

As required by ORS 279C.520, Proposer shall comply with ORS.652.220 and shall not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, veteran status, disability, or age. Proposer’s compliance with this section constitutes a material element of this RFP and resulting Contract and a failure to comply constitutes a breach that entitles the Owner to terminate the resulting Contract for cause.

Proposer may not prohibit any of Proposer’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Proposer may not

RFP 10263 A&E and Related Services for Archaeological Services Page 10 retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

If selected Proposer employs 50 or more full time workers and the estimated contract price exceeds $500,000, Proposer shall supply the Certificate of Pay Equity Training issued by DAS (under ORS 279A.167) upon completion of the curriculum and assessment that the Proper understands the prohibitions set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payment. If selected Proposer does not employ 50 or more full time workers, Proposer must provide on company letterhead written certification that selected Firm does not employ 50 or more full-time workers.

3.14 RESERVED

3.15 RECYCLABLE PRODUCTS

The State of Oregon encourages use of recyclable products to the maximum extent economically feasible in the performance of the Services set forth in this document.

3.16 SILENCE OF SPECIFICATION

The apparent silence of this scope of work, any specifications and any supplemental specifications as to any detail, or the apparent omission from one of these areas of a detailed description concerning any point, shall be regarded as meaning that only the best commercial and industrial practice is to prevail and that only materials and workmanship of first quality are to be used. Services not specifically mentioned in the RFP, but which are necessary to provide the functional capabilities described by the Proposer, must be itemized in the Proposal.

4.00 PROPOSALS, EVALUATION AND SELECTION

Proposals must include all sections and attachments referenced in this RFP and should be organized in the order provided in Section 4.01.

4.01 PROPOSAL ELEMENTS

Each Proposal shall include responses covering the specific information requested below. Responses shall be presented in the order listed below.

A. Cover Letter/Background (20 points possible)

Each Proposal shall include a cover letter with the following:

a) A statement that Proposer accepts the terms and conditions contained in Attachment A, Sample Professional Services Price Agreement;

b) A clear description of the Services that Proposal includes (see Section 2.03);

c) A description of the Proposer’s history as it relates to providing Archaeological Services;

d) A description of Proposer’s size and corporate structure;

e) Proposer’s organizational chart;

f) A description of how Proposer will maintain stability in assigned Project staff during the Term of the Price Agreement;

g) A statement that the Proposal is valid for at least ninety (90) calendar days following the Proposal

Submission Deadline; and

h) A statement certifying that no officer, agent or employee of the Oregon Parks and Recreation

Department has a pecuniary interest in the Proposal; that the Proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer and that the Proposer is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm.

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B. Written Proposal (0 - 80 total points available)

Provide the following. Clearly label and identify the corresponding evaluation criteria number with Proposer’s response.

1. Project Approach (20 points possible)

Proposals shall demonstrate an understanding of the steps necessary to successfully meet Project goals by providing Archaeological Services. Include the following:

a) A description of Proposer’s philosophy for providing Archaeological Services when approaching projects;

b) A step-by-step detailed description as to how the Proposer would approach a Project in order to minimize Project costs, provide Services in a timely manner, and ensure Project quality;

c) An outline of the elements of the Services to be performed;

d) A description of how the Proposer will meet Project objectives within the agreed-upon schedule, and

e) A description of how the Proposer’s Project team members will interact effectively with each other, with OPRD, and with all other Project participants including contractors.

2. Experience of Key Team Members (30 points possible)

Each Proposal shall specifically identify each individual employee and Sub-consultant intended to assist Proposer with Project Services and shall include the following for each identified employee and Sub-consultant:

a) Names and titles of all employees and Sub-consultants’ employees who may be assigned to a

Project

b) Resumes for all individuals who may be assigned to a Project that include a summary of the staff professional qualifications and relevant experience, including but not limited to: education, years of experience, years in proposed capacity, industry licenses, and certifications.

c) A summary of individual’s experience within the past 5 years on Archaeological Services projects, and the dollar amount, size and description of the projects, including experience organizing, scheduling, and coordinating the project through completion of Services.

3. Proposer’s Experience (30 points possible)

Each Proposal shall include the following:

a) A detailed description of Proposer’s experience with providing Archaeological Services.

b) A 5-year work history for providing Archaeological Services for projects.

C. Required Forms and Information (not scored)

a) Attachment B – Proposer Representations and Certifications.

b) Attachment C – Reference Form

c) Attachment D – COBID Outreach Plan

d) Pricing Information – (Pricing information is not scored or shared with the evaluation team. This information will only be used in any resulting Price Agreement.)

Provide a price list that details all costs associated with the Services that may be awarded under a Work Order for a specific Project including, but not limited to:

i. List of hourly rates for all individuals who will be assigned work under the PA (by individual name or classification/position description)

ii. All other potential costs (such as equipment rental and supplies.)

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(NOTE: Travel expenses will be reimbursed only in accordance with rates approved by the Oregon Department of Administrative Services and in effect at the time the expense was incurred.

The approved mileage rate follows the current United States General Services Administration (GSA) federal rate. Lodging and meal per diem is based on the GSA per diem rates.)

4.02 EVALUATION AND SELECTION

An evaluation committee (“Evaluation Committee”) consisting of not less than three (3) individuals with expertise in the Project areas ("Evaluators") will evaluate Proposals. Evaluator will assign scores to each responsive Proposal received by combining the Cover Letter Score with the Written Proposal Score.

OPRD intends to negotiate Price Agreement(s) with those Proposers that have scored 85 points or more as a result of the Proposal evaluation.

OPRD will post notice of its selection(s) (“Selection Notice”) of the Proposer(s) it intends to enter Price Agreement(s) with.

4.03 MINOR INFORMALITIES

OPRD may waive minor informalities in Proposals. Minor informalities are: (1) matters of form rather than substance when evident in the Proposal, or (2) insignificant mistakes that can be waived or corrected without prejudice to other Proposers. OPRD, in its sole discretion, may waive minor informalities or allow a Proposer to correct them. Examples of minor informalities include Proposer’s failure to:

a) Sign the Proposal in the designated block provided an authorized signature appears elsewhere in the

Proposal evidencing an intent to be bound.

4.04 CLARIFICATION OF RESPONSES

OPRD reserves the right to request clarification of any item in a Proposal or to request additional information necessary to properly evaluate a particular Proposal. All requests for clarification and responses shall be in writing. Except for requests and responses related to a clarification necessary to evaluate whether a Proposal has met minimum requirements, all requests for clarification and responses shall be provided to each Evaluation Committee member.

4.05 REFERENCES

OPRD reserves the right to investigate references including customers other than those listed in the Proposal. Investigation may include past performance of any Proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers. Supportive references are required.

4.06 CANCELLATION

OPRD reserves the right to cancel the solicitation at any time, including after it receives the results of the scoring and ranking for each Proposer.

4.07 PROTEST OF PROPOSER SELECTION

A Proposer who claims to have been adversely affected or aggrieved by the selection of the higher ranked Proposer(s) may submit a written protest of the selection via email to OPRD no later than seven (7) calendar days after the date the Selection Notice is posted on OregonBuys. OPRD will address all timely submitted award protests that are in accordance with OAR 137-048-0240(2).

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Protests shall be in writing and received by OPRD no later than 4:00 p.m. on the seventh (7th) calendar day after the date of issuance of the Selection Notice.

Address protests to:

PROTEST OF AWARD TO RFP NO. 9166

Attn: Melody Waight

Oregon Parks and Recreation Department melody.waight@oprd.oregon.gov

Protests not filed within the time specified above, or which fail to meet the requirements of OAR 137-048- 0240(2) shall be rejected.

4.08 NEGOTIATIONS

For Selected Proposers, OPRD will direct negotiations toward obtaining written agreement on:

a) Payment methodology and rates payable to Contractor for the Archaeological Services that may be provided under a Work Order.

b) Any other provisions OPRD believes to be in the best interest of the State to negotiate.

OPRD shall, either orally or in writing, formally terminate negotiations with a Proposer if OPRD and Proposer are unable for any reason to reach agreement on a Price Agreement within a reasonable amount of time.

Upon successful negotiation of terms, the successful Proposer will be required to comply with Section 5.00 of this RFP.

5.00 PRICE AGREEMENT TERMS AND CONDITIONS

5.01 THE STATE OF OREGON PROFESSIONAL SERVICES PRICE AGREEMENT

OPRD and the Successful Proposer(s) shall execute the standard form of State of Oregon Professional Services Price Agreement, a sample of which is attached to this RFP as Attachment A. If Proposer takes exception to any portion of the Price Agreement, Proposer must request change as described in Section

3.02 of this RFP. OPRD will not consider exceptions to Price Agreements stated in the Proposal. If any discrepancies, inconsistencies or ambiguities exist between the Proposal and the RFP, the RFP takes precedence.

5.02 INSURANCE REQUIREMENTS

Prior to execution of the PA, Proposer must provide certification that it meets Insurance requirements for the Price Agreements are specified in “Exhibit C - Insurance Provisions” of Attachment A.

5.03 LEGAL COMPLIANCE

Proposer must comply with all applicable requirements of federal and state civil rights law and rehabilitation statutes including the Americans with Disabilities Act.

5.04 CERTIFICATE OF PAY EQUITY TRAINING

Prior to execution of the Price Agreement, the apparent successful Offeror must submit to OPRD within 7 calendar days of Selection Notice, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under 2015 Oregon Laws, chapter 454, section 2.

This requirement applies only to Offerors that employ 50 or more full-time workers and only if the Contract

RFP 10263 A&E and Related Services for Archaeological Services Page 14 has an estimated contract price that exceeds $500,000.

6.00 ATTACHMENTS

The following items are attached separately as part of this RFP:

6.01 ATTACHMENT A: Sample Professional Services Price Agreement

6.02 ATTACHMENT B: Proposer Representations and Certifications

6.03 ATTACHMENT C: Reference Form

6.04 ATTACHMENT D: Certified Business Firm Outreach Plan

RFP ATTACHMENT A

SAMPLE

STATE OF OREGON

PROFESSIONAL SERVICES PRICE AGREEMENT

(for Archaeological Services)

THIS PROFESSIONAL SERVICES PRICE AGREEMENT (the “PA”) is between the State of Oregon, by and through its Oregon Parks and Recreation Department (the “ Owner” or “OPRD” ), and:

CONSULTANT:

ADDRESS:

PHONE: EMAIL:

(the “Consultant”) (Owner and Consultant are collectively referred to as the "Parties").

1. This PA is for the purpose of identifying the form of work order contract (“Work Order Contract” or “Contract” or “WOC”) to be used and the general terms and conditions applicable to the Contracts entered into between Owner and Consultant pursuant to which Consultant will provide Archaeological Services (the “Services”) for the Owner on particular projects to support and advance the Go Bond projects, as well as other related or similar projects involving structural additions, improvements and enhancements, including but not limited to campgrounds, trails, facilities, and associated deferred maintenance.

2. Scope of Services. Consultant shall perform all services and deliver all deliverables as described in any WOCs executed under this PA (the “Services”). The Services included in a WOC must be within the Scope of Services set forth below. Consultant agrees to perform the Services and provide the deliverables required under each WOC in accordance with the terms and conditions for WOCs as set forth in this PA.

Archaeological Services

• Desktop literature reviews

• Perform onsite pedestrian surveys

• Perform onsite archaeological monitoring

• Perform onsite archaeological monitoring with archaeological permit

• Perform Phase I Presence/Absence Testing

• Perform Phase II Eligibility Testing

• Project close out including archaeological reports and correspondence

3. WOC Assignment Process. The Parties agree that the Owner will assign WOCs based on the qualifications-based selection process set forth in the WOC Assignment Process at Attachment 3 to this PA. Owner and Consultant intend to enter into a binding and enforceable contracts for Consultant’s performance of the Services by execution of a Work Order Contract substantially in the form attached hereto as Attachment 2, that specifies the Services to be performed and makes the standard terms and conditions set forth in Attachment 1 attached hereto applicable to those Services.

4. Effective Date; Expiration and WOC Assignment Period; Termination.

a. Effective Date. This PA shall become effective on the date this PA has been signed by the Parties and when all required governmental approvals have been obtained.

b. Expiration and WOC Assignment Period

i. Expiration. This PA shall have a limited WOC assignment period but this PA will not expire until the later of the following occurs: (1) the expiration of the WOC assignment period, or (2) the expiration or termination of all WOCs assigned under this PA.

ii. WOC Assignment Period. Unless this PA is sooner terminated, the WOC assignment period ends 4 years from the effective date of this PA.

iii. Extension of WOC Assignment Period. Upon mutual agreement of the Parties, the WOC Assignment

Period may be extended for additional time periods up to maximum total term of ten (10) years.

5. Compensation. Payments to Consultant may be made only in accordance with the Services performed, the performance schedule, the applicable fee schedule and the payment requirements set forth in any WOCs assigned under this PA.

6. Certified Small Business Outreach Plan. If Consultant submitted a Certified Small Business Outreach Plan as part of the procurement process for this PA, that plan is incorporated by reference into this PA as though fully set forth herein for WOCs issued under this PA that do not include any federal funding. Consultant shall conduct the outreach, subcontracting and assistance efforts included in Consultant’s Certified Small Business Outreach Plan.

7. Price Agreement Documents.

This PA includes the following attachments, each of which is attached and incorporated into this PA as though fully set forth herein:

Attachment 1 - Standard Terms and Conditions for Professional Services which will govern all Services assigned by a WOC, Attachment 2 - Consultant Professional Services Work Order Contract; which will be used as the base document for development of the project-specific WOC’s

Attachment 3 - WOC Assignment Process which sets forth the qualifications-based selection process agreed to by the Parties which will be used by the Owner to assign WOC’s for particular projects.

Attachment 4 - Key Personnel and Rate Schedule

Certification:

A. Any individual (the undersigned) signing on behalf of Consultant hereby certifies under penalty of perjury:

(1) Consultant has provided its correct TIN to Owner, in the manner and format requested by Owner.

(2) Consultant is not subject to backup withholding because (a) Consultant is exempt from backup withholding,

(b) Consultant has not been notified by the IRS that Consultant is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified Consultant that Consultant is no longer subject to backup withholding.

(3) The undersigned is authorized to act on behalf of Consultant, the undersigned has authority and knowledge regarding Consultant’s payment of taxes, and to the best of the undersigned’s knowledge, Consultant is not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means (i) all tax laws of this state, including but not limited to ORS 305.380(4), ORS 305.620 and ORS chapters 316, 317, and 318; and (ii) any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor; and (iii) any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and (iv) any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

B. Any individual (the undersigned) signing on behalf of Consultant hereby certifies the undersigned is authorized to sign this WOC and that:

(1) Consultant has read this Contract, understands it, and agrees to be bound by its terms and conditions.

(2) Consultant understands and agrees that various Exhibits to the Contract are not physically attached, but are incorporated by reference in Section 5 and have the same force and effect as if fully set forth herein.

(3) [Required for contracts that will exceed $150,000, including as may be amended, except as provided in

ORS 279A.112. If not applicable, delete and mark reserved.] Consultant has, and gives employees a written notice of, a policy and practice, that meets the requirements described in ORS279A.112. Such policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault and discrimination against employees who are members of a protected class. Consultant agrees, as a material term of the Contract, to maintain the policy and practice in force during the entire term of the Contract (see additional information and sample policy template at https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx ).

(4) Consultant is an independent contractor as defined in ORS 670.600 and as described in IRS Publication 1779 (https://www.irs.gov/pub/irs-pdf/p1779.pdf).

(5) In the event that Consultant is a general partnership or joint venture, Consultant signature(s) on this Contract constitutes certifications to the above statements pertaining to the partnership or joint venture, as well as certifications of the above statements as to any general partner or joint venturer signing this Contract.

(6) Consultant understands and acknowledges it is subject to the Oregon False Claims Act (ORS 180.750 to 180.785) and to any liabilities or penalties associated with the making of a false claim under that Act. By its execution of the Contract, Consultant certifies the truthfulness, completeness, and accuracy of any statement or claim it has made, it makes, it may make, or cause to be made that pertains to the Contract or the Project for which the Services are being performed, including but not limited to Consultant’s statement of proposal and any invoices, reports, or other deliverables. Consultant shall immediately disclose (in writing) to Owner whenever, in connection with the award, performance or closeout of the Contract, or any subcontract thereunder, Consultant has credible evidence that a principal, employee, agent, or subcontractor of Consultant has committed:

a. A violation of the Oregon False Claims Act; or

b. A violation of State or federal criminal or civil law involving fraud, conflict of interest, bribery, gratuity or similar misconduct.

Consultant must include subsections A and B of this Certification in each subcontract Consultant may award in connection with the performance of the Contract. In doing so, Consultant may not modify the terms of those subsections, except to identify the subcontractors or sub grantee that will be subject to those provisions.

Electronic Signatures. The Parties agree that signatures showing on PDF documents, including but not limited to PDF copies of the PA, WOC and amendments, submitted or exchanged via email are “Electronic Signatures” under ORS Chapter 84 and bind the signing Party and are intended to be and can be relied upon by the Parties.

Agency reserves the right at any time to require the submission of the hard copy originals of any documents.

Agreed To and Signed By:

Consultant Name/Title Date

Oregon Parks and Recreation Department Eric Timmons, Park Improvement Manager Date

Reviewed by the Department of Justice Name/Title Date

ATTACHMENT 1

STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES APPLICABLE GENERALLY TO

THE PRICE AGREEMENT AND INCORPORATED INTO WORK ORDER CONTRACTS

1. Funds Available and Authorized.

(a) The maximum amount payable to Consultant under this Contract, which includes the amount of any allowable and reimbursable expenses as set forth in Exhibit B, Consultant Compensation. No payment shall be made for Services that are performed before: i) the Contract Effective Date and ii) a notice to proceed (“NTP”) has been issued by Owner.

(b) Owner reasonably believes that, as of the Effective Date of this Contract, it has sufficient funds available and authorized for expenditure to finance the costs of the Contract within Owner's appropriation or limitation. Consultant understands and agrees that Owner's payment of amounts under the Contract is contingent on Owner receiving from the Oregon Legislative Assembly appropriations, limitations, or other expenditure authority sufficient to allow Owner, in the exercise of its reasonable administrative discretion, to continue to make payments under the Contract. In the event Owner staff responsible for oversight of the Contract become aware that sufficient funds are not available and authorized for expenditure to finance the costs of the Contract within Owner’s appropriation or limitation, Owner shall give prompt written notice to Consultant.

2. Order of Precedence.

Unless a different order is required by law, this Contract shall be interpreted in the following order of precedence:

this Contract (including all amendments, if any) less all Exhibits, attachments and other documents/information incorporated into this Contract, then the Statement of Work, then all Exhibits, then any other attachments or documents/information incorporated into this Contract by reference.

3. Professional Standard of Care; Responsibility of Consultant; Representations and Warranties.

(a) Professional Standard of Care. Consultant shall perform all Services under the Contract in accordance with the degree of skill and care ordinarily used by competent practitioners of the same professional discipline when performing similar services under similar circumstances, taking into consideration the contemporary state of the practice and the Project conditions.

(b) Responsibility of Consultant.

(i) Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services and deliverables furnished by Consultant under the Contract. Consultant shall prepare, in accordance with the Standard of Care, all drawings, plans, specifications, deliverables and other documents so they accurately reflect, fully comply with and incorporate all applicable laws, rules, and regulations, and so that they are complete and functional for the purposes intended, except as to any deficiencies due to causes beyond the control of Consultant. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications and other Services.

(ii) Owner’s review, approval or acceptance of, or payment for, the Services required under the Contract shall not be construed as an approval of the adequacy of the Services or to operate as a waiver of any rights under the Contract or of any cause of action arising out of the performance of the Contract, and Consultant shall be and remain liable to Owner in accordance with applicable law for all damages to Owner caused by Consultant’s negligent performance of any of the Services furnished under the Contract or negligent failure to perform any of the Services under the Contract.

(iii) The rights and remedies of Owner provided for under the Contract are in addition to any other rights and remedies provided by law.

(iv) If Consultant is comprised of more than one legal entity (for example, a joint-venture or partnership), each such entity shall be jointly and severally liable under the Contract.

(v) Permits and Licenses.

1. Permits and licenses to conduct business. Unless otherwise specified in Exhibit A, Statement of Work, Consultant shall obtain, hold, maintain and fully pay for during the term of the Contract all permits and licenses required by law for Consultant to conduct its business and perform the Services under the Contract.

2. Permits and licenses required for the Project. Unless otherwise specified in Exhibit A, Statement of Work, Consultant shall obtain, hold and maintain during the term of the Contract all permits and licenses required for the Project (for example, permits from regulatory authorities and use permits or licenses from…