RFP 13166 Water Well Design Permitting and Construction Oversight.pdf

OPRD RFP #13166

STATE OF OREGON

PARKS AND RECREATION DEPARTMENT

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-63400-00014299 for

WATER SUPPLY WELL DESIGN, PERMITTING & CONSTRUTION

OVERSIGHT AT SILVER FALLS STATE PARK

Date of Issue: July 8th, 2025

Opening Date and Time: July 30th, 2025

Single Point of Contact (SPC):

Bryant Hayes 725 Summer Street NE, Suite C Salem, OR 97301 503-779-5566 bryant.hayes@oprd.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 RESERVED

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 NEXT STEP DETERMINATION

4.14 ADDITIONAL ROUNDS

4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT 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 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

6.8 PRINTING, BINDING, AND STATIONERY WORK

6.9 CHECKLIST DISCLAIMER

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 RESERVED

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Parks and Recreation Department, (“OPRD or Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for A&E and Related Services for Water Supply Well Design, Permitting & Construction Oversight.

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

Agency anticipates the award of one Contracts from this RFP.

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.

Event Date Time

Advertisement Date 7/08/2025 2:00 PM

Questions / Requests for Clarification Due 7/21/2025 2:00 PM

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) 8/04/2025

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.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047- 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 below.

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

“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.

“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.

"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 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).

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

“State” is the State of Oregon.

2.3 OVERVIEW AND PURPOSE

The purpose of this Project is to assist the Oregon Parks and Recreation Department (OPRD) in developing one (1) to three (3) new wells at the Silver Falls State Park in Marion County. Tasks for this Project include developing conceptual design(s) for the new well(s), performing well-siting evaluation(s), submitting an Oregon Healthy Authority (OHA) Initial Plan Review report(s), preparing specifications for the new well(s), providing well construction oversight, and preparing a summary memoranda documenting well construction and testing activities.

2.4 SCOPE OF WORK/SPECIFICATIONS

Task 1 – Preliminary Well Design and Initial OHA Plan Review for new wells at Silver Falls State Park

Consultant shall review and assess information associated with Silver Falls State Park and the planned developments, existing information in the vicinity of the proposed wells, static water levels, and regulatory requirements that will influence the design and construction of the new production wells. Discuss the preliminary design with Owner, and provide Owner with a basis of design memorandum, which will include the assumptions and rationale for the proposed designs. Based on Owners review of the existing information, prepare the first phase of the OHA Plan Review to develop new drinking water sources. This submittal will include site-specific information and will determine whether a variance will be needed to meet specific setback requirements.

Assumptions for each well:

• The OHA Plan Review application fee will be paid by Owner directly to OHA http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html https://oregonbuys.gov/bso/

Deliverables for each well:

• A Basis of Design memorandum, including the conceptual well design to be included in the Plan Review submittal.

• A draft and final initial Plan Review report (completed within one month of the notice to proceed).

Task 2 – Technical Specifications Package and Bidding Services

Once designs have been confirmed, develop technical specifications and supporting materials for the construction and testing of the new production wells that are suitable for competitive public procurement solicitation. Activities for each well under this task may include but are not limited to:

1. Work with Owner to assess logistical issues related to drilling, including site preparation and restoration, water and drill cuttings disposal, water discharge during aquifer testing, and noise constraints.

2. Develop technical specifications for drilling, construction, and testing for the production well and assist Owner with addenda. The desired design capacity is up to 100 gallon per minute (gpm) (0.22 cubic feet per second [cfs]).

3. Develop an Engineer’s estimate for the well drilling and testing.

4. Provide basic services necessary to assist Owner in obtaining bids and in awarding contracts for the work required for the full construction of the Project. Includes but is not limited to:

• Addenda Services: Prepare all supporting documentation for addenda including supplemental drawings, specifications, instructions and notices of changes in the bidding schedule and procedure.

• Bidding Services: Establish a list of bidders; participate in pre-bid conferences; respond to questions from bidders and clarifications or interpretations of Bidding Documents.

• Analysis of Alternatives/Substitutions Services: Assist Owner to consider, analyze, compare, and approve or reject alternatives or substitutions proposed by bidders prior to and after receipt of bids or proposals.

• Provide the technical specifications to be incorporated into Owner’s construction package, including the front-end contracting requirements.

• Two (2) addenda to the specifications included.

Deliverables for each well:

• A draft and final technical specifications package, including an Engineer’s estimate (completed within three months of the notice to proceed).

Task 3 – Production Well Construction Oversight, Analysis and Reporting

Task 3.1 Construction Oversight and Geologic Logging

Consultant will provide oversight during drilling and completion of the new production wells to check consistency with the design and compliance with OWRD well construction standards. Be onsite during key elements of the drilling and installation of the production well, and during the well testing.

Activities for each well under this task include:

1. Attend one (1) pre-construction meeting (onsite).

2. Review contractor well design.

3. Provide daily check-ins (calls) and weekly in-person field observations during site preparation and sanitary seal portion of the borehole advancement and log the geologic materials in the aquifer based on visual observations. The Contractor will collect representative soil and rock chip samples for geologic logging.

4. Provide periodic field oversight during drilling of well borehole.

5. Provide part time oversight during final well completion (casing installation, well seal installation).

6. Review contractor submittals related to well materials and schedule.

7. Prepare an as-built diagram of the production well (.pfd and .dwg formats).

• Weekly updates on well drilling/construction progress and a digital diagram of well construction and geology.

Task 3.2 Well Testing Oversight and Data Analysis

Consultant will:

• Collect and analyze data from each well pumping tests to: (1) establish baseline well performance,

(2) develop parameters for design of the well pumping systems, including pumping rate, pump setting and pumping levels.

• Collection of water quality samples.

Activities for each well under this task include:

1. Instrument well with water-level transducers to collect continuous water level data.

2. Monitor pre-test baseline conditions.

3. Monitor a step-rate drawdown test, which will consist of up to five 1-hour duration steps at different pumping rates. The step-rate test data will be analyzed to evaluate well performance and to select a pumping rate for the constant-rate test.

4. Perform a constant rate test, which will consist of a minimum of 24 hours and up to 72 hours of pumping at a constant rate to be determined by evaluation of the step-rate test. Collect a water quality sample near the end of the constant-rate aquifer test to be submitted to an approved certified laboratory, to test for Safe Drinking Water Act regulated constituents and general geochemical parameters.

5. Observe and review plumbness and alignment testing of the product well.

6. Provide oversight for video survey of the completed well.

7. Compile, process and analyze the data from the step and constant rate tests. Develop parameters for design of the pumping system, including rates, pumping water levels and pump setting.

8. Develop pumping parameters and related recommendations to Owner for developing the pump specifications.

Task 3.3 Well Construction and Testing Reporting

Consultant will prepare a summary report upon completion of the production wells for Owner’s records and to support the final OHA Plan Review submittals. The report will include a summary of well testing and results, the final well logs and as-builts, stratigraphy of the basalt production zone, aquifer test results, water quality results, and construction submittals. Continue to assist Owner’s engineer team during the pump selection and installation process.

• Coordinate with Owner to provide an appropriate disposal location (no permitting anticipated) for the water generated during the pump test.

• Owner will pay water quality laboratory analysis fees directly.

• Owner will submit the final Plan Review documentation.

• Well construction and testing summary memorandum.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements as detailed in Section 3.3 Proposal Requirements.

3.2.2 Proposal Page Limits

Proposal is limited to 10 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Attachment B – Disclosure Exemption Affidavit

• Attachment C – Proposer Information and Certification Sheet

• Attachment D – Reference Check Form

• Attachment E - RESERVED

• Attachment F – COBID Certification / Outreach Plan

• Attachment G – Responsibility Inquiry

• Work samples

3.2.3 Proposal Format and Quantity

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

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys.

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

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.

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. Proposal 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)

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)

The Proposer shall provide at least 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must 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 solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contract any reference (submitted or not) to verify Proposer’s qualifications.

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and then submitted with the Proposal prior to opening.

3.3.3 Responsibility Inquiry (Attachment G)

Proposer shall complete and submit attachment G – Responsibility Inquiry.

Failure to complete the Responsibility Inquiry form or failure to answer all questions on the form may result in a finding of non-Responsibility.

3.3.4 Key Persons and their Resumes

Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

3.3.5 Project Implementation Plan

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow.

Illustrate how the plan will serve to coordinate and accomplish the Work.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC 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 not be held for this RFP.

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 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.

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 Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest 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 submitted 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 https://oregonbuys.gov/ 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;

• 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 the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is successfully submitted in OregonBuys in accordance with the RFP requirements before Opening. Agency is not responsible for any errors or delays caused by the OregonBuys e-procurement system. 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 should be electronically through OregonBuys. at: OregonBuys.gov

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

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 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 submitted in OregonBuys and successfully 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 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

Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identify of all Proposers after Opening.

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).

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 Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). 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, Agency may waive mistakes in accordance with OAR 125-247-0470.

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

Proposals meeting the requirements outlined in Section 3.3 Proposal Requirements will be evaluated by an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 Points and Score Calculation.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only 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 Professional Background (45 Points Total)

1. How well does the proposal describe Proposer’s related and successfully completed previous projects? (20 points)

2. How well does Proposer’s resume(s) describe the keyperson(s) ability to complete the Services?

(15 points)

3. How well does the proposal demonstrate Proposer’s experience in working with organizations on developing large scale plans? (10 points)

4.10.2.2 Service Delivery and Customer Care (25 Points Total)

1. How well does the proposal describe Proposer’s service delivery process? (5 points)

2. How well does the proposal describe Proposer’s ability to meet OPRD’s scheduling needs? (15 points)

3. How well does the proposal demonstrate Proposer’s ability and interest in receiving input from business partners/customers (5 points)

4.10.2.3 Analysis and Evaluation (30 Points Total)

1. How well does the proposal demonstrate Proposer’s ability to gather, analyze, and report on information? (15 points)

2. How well does the proposal demonstrate Proposer’s understanding of the Project and the ability to provide accessible and useful information and materials (15 points)

4.10.3 RESERVED

4.10.4 PREFERENCES

4.10.4.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.4.2 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.

4.10.4.3 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 https://www.naspo.org/reciprocity1 according to any applicable reciprocal preference.

4.10.4.4 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

Scores are the values (0 through 10) assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE 100

4.10.2.1 Professional Background 45

4.10.2.2 Service Delivery and Customer Care 25

4.10.2.3 Analysis and Evaluation 30

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5.

Proposer A’s points for the criterion is 47.5.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). 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.

4.13 NEXT STEP DETERMINATION

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

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 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.

4.14 ADDITIONAL ROUNDS

Interviews

Proposers progressing to additional rounds will be invited to participate in Proposer interviews. Interviews may be in person at a location determined by Agency; however, Agency may elect to conduct interviews via teleconference. Further details will be included with Notice of Competitive Range.

Best and Final Offers

Proposers in the Competitive Range may submit Best and Final Offers. The written Best and Final Offer (“Revised Proposal”) must be submitted on or before the due date and time set forth in the notice of Competitive Range and must be delivered to the Single Point of Contact. LATE REVISED PROPOSALS

WILL NOT BE ACCEPTED.

If Proposer elects not to submit a Revised Proposal, Proposer’s initial Proposal will be accepted as the Best and Final Offer and evaluated accordingly.

Best and Final Offer Requirements

Best and Final Offers must be submitted in writing in the form of an amendment to the Proposer’s initial Proposal. Best and Final Offers must comply with the following requirements and specifications:

• Identify Proposer’s business name and reference RFP 13166; and

• Submit One (1) copy of the revised Proposal with original Signature, identified as the “master”; and

• Clearly identify the information included Proposer’s initial Proposal that Proposer intends to amend or replace in terms of the page, section and paragraph of Proposer’s initial Administrative, Technical or Price Proposal; and

• Include the replacement information, which shall comply with the requirements of each of the Items listed below; and

• Include a redlined version of the Sample Contract (attached to the RFP as Attachment A) and any and all other documents applicable to the requests set forth in the RFP or applicable Amendment(s); and

• Include a Best and Final Offer letter, signed in ink by Proposer’s authorized representative, which summarizes the Proposal aspects amended by the Best and Final Offer and states that the information included in the Best and Final Offer supersedes the corresponding information included in Proposer’s Proposal; and

• Include all information requested in the Best and Final Offer letter.

4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round.

The Proposer with the highest cumulative score will receive the highest final ranking.

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:

3. Be delivered to the SPC via email;

4. Reference the OregonBuys bid number ;

5. Identify Proposer’s name and contact information;

6. Be signed by an authorized representative of Proposer;

7. Specify the grounds for the protest; and

8. 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 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 C 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 RESERVED

5.3.5 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.

5.3.6 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.

5.3.7 RESERVED

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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, http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx 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 Statement of Work and the following terms and conditions:

In the event that the parties have not reached mutually agreeable terms within 45 calendar days from the start of negotiations, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories:

disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

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

6.2 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 6.2 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.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz 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.

6.4 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/Price Agreement award, or the rejection of any Proposal.

6.5 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.

6.6 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.

6.7 RECYCLABLE PRODUCTS

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)

6.8 RESERVED

6.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer.

Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

https://www.oregon.gov/das