RFP- 2024 Vessell for Seafloor Mapping at Rogue Reef.pdf

OregonBuys # 635000-00011308 ODFW#635-227-24

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Intermediate Procurement Request for Proposals (RFP) under

OregonBuys #S-63500-00011308 for

2024 VESSEL FOR SEAFLOOR MAPPING AT ROGUE REEF

Date of Issue: August 15, 2024

Proposal Due Date: August 29, 2024

Single Point of Contact (SPC): Kathy Blehm Procurement and Contracts Spec II, OPBC

Address: 4034 Fairview Industrial Drive SE City, State, Zip Salem, OR, 97302 Phone (voice) 503-509-1322 E-mail: kathy.m.blehm@odfw.oregon.gov

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

mailto:kathy.m.blehm@odfw.oregon.gov

OregonBuys # 635000-00011308 ODFW#635-227-24

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER OR REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFER CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 PRICE EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFER NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

5.8 CHECKLIST DISCLAIMER

SECTION 6: LIST OFATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H SCORED COMPONENTS FORMS

OregonBuys # 635000-00011308 ODFW Tracking #: 635-227-24

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Dept of Fish & Wildlife, (“Agency”), is issuing this Request for Proposal for chartering a vessel to support mapping of seafloor habitats in the vicinity of Rogue Reef off Gold Beach, OR. The Agency is seeking a Contractor to provide a vessel, crew, and technical support for the purpose of conducting up to 10 days of at-sea surveys between the dates of August 22, 2024 and June 30, 2025, with the work ideally completed between Aug. 22 – Oct. 15, 2024. If unsuitable weather prevents the completion of all project work by Oct. 15, additional field surveys could be completed through June 2025 as necessary.

The survey will use a pole-mounted multibeam sonar transducer to acquire data on seafloor depth, structure, and backscatter (reflectivity). In addition, where possible a Remotely Operated Vehicle (ROV) will be used to acquire video footage of the seafloor and associated biological communities. The success of this research project depends in large part upon the Contractor’s vessel, the Skipper’s vessel handling abilities, and the Skipper and crew’s knowledge and skill in conducting safe, effective, and efficient vessel and in-water gear operations. Additional details on the Scope of the services are included in the Scope of Work/Specifications section.

Agency anticipates the award of one Contract from this RFP. The term of the Contract is anticipated to be August 22, 2024 through June 30, 2025.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation.

Event Date Time

Questions / Requests for Clarification Due August 20, 2024 3:00 PM

Opening (offer Due) August 29, 2024 3:00 PM

Tentative Issuance of Notice of Award September 03, 2024

Date Services Begin TBD

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and

OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

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

2.2.2 Project Specific Definitions

Reserved

2.3 OVERVIEW AND PURPOSE

Contractor agrees to provide a vessel, crew, and technical support for the purpose of conducting up to 10 days of at-sea surveys between the dates of August 22, 2024 and June 30, 2025. This project will ideally be completed between Aug. 22 – Oct. 15, 2024 so that the resulting sonar data may be processed during the winter. However, if unsuitable weather prevents the completion of all project work by Oct. 15, additional field surveys (especially ROV surveys) could be completed through June 2025 as necessary.

The primary goal of the survey is to use a pole-mounted multibeam sonar transducer to acquire high-resolution data on seafloor depth, structure, and backscatter (reflectivity). Sonar data acquisition entails driving the vessel continuously at approximately 6 – 8 kts along survey lines in 10 – 30 fathoms water depth. This goal may require 5-8 days of sonar surveys during available daylight hours.

Ocean conditions that could preclude sonar data collection, or slow progress below acceptable rates, can include steep seas that cause bubbles from the bow to sweep under the pole-mounted sonar transducer, and gustly winds that blow the vessel off course. Survey lines can often be re-oriented to face the direction of the wind and waves. Most shallow areas (< 10 fathoms) with difficult navigation in the vicinity of Rogue Reef, South Reef, and Breakers Reef have already been surveyed by the Agency in 2024 using a small boat. The survey plan for this contract will generally target deeper waters with few navigation hazards.

The secondary goal of the survey is to conduct ROV deployments to gather seafloor video data providing ground-truth information to assist in the interpretation of substrate types observed in the sonar backscatter data. Some ROV deployments may be interspersed with the sonar surveys, or conducted entirely afterwards, subject to agreement by the Agency and Contractor.

ROV surveys require substantially slower speeds (approximately 0.75 kts) and calmer conditions than the sonar surveys, so it may be desirable to intersperse ROV surveys with sonar surveys during typically calmer morning conditions. Loading and unloading ROV equipment and crew in Brookings (approximately 27 nautical miles south of the study site) or Charleston is possible.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

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The selected sampling days and daily schedules will be coordinated between Department staff and the vessel’s Skipper. The vessel and crew must have the capacity to support multi-day deployments of at least 5 days duration. Due to the low probability of encountering a suitable weather window 10 days long, it is anticipated that the vessel may need to wait out one or more periods of unsuitable weather in Brookings or Port Orford. This may provide an opportunity for crew exchange and re-supply.

2.4 SCOPE OF WORK/SPECIFICATIONS

The Contractor agrees to provide a vessel that has:

1. Been mutually agreed upon by the Contractor and the Department.

2. All USCG-required safety equipment onboard and in good working order.

3. Adequate space for a scientific party of 2-3 individuals, including berths for sleeping overnight on multi-day surveys. If sonar and ROV surveys are conducted on the same trip, the scientific party will be 3 individuals. For sonar and ROV surveys conducted on separate trips, the scientific party will be 2 individuals.

4. Sufficient maneuverability to maintain slow speed (~0.5-0.75 knots) along pre-determined linear survey lines (hereafter called a “transect”); a vessel outfitted with a trolling valve and/or bow thrusters is preferable.

5. A moveable A-frame or lifting arm for deploying, towing, and retrieving the sled/ROV and clump weight over the side or stern.

6. Adequate deck space and associated working space to accommodate the following equipment:

a) ROV (~ 3 ft wide x 4 ft long x 3 ft tall; ~350 lbs.)

b) ROV piloting electronics trailer (6 ft wide x 8 ft long x 8 ft tall; ~1200 lbs.)

c) umbilical cable coil (~4 ft wide x 3 ft long x 2 ft tall; ~200 lbs.)

d) “Clump weight” (~ 1.5 ft wide x 2.5 ft long x 1.5 ft tall; ~350 lbs.)

e) hydrophone mounting bracket (~ 2 ft wide x 2 ft long x 0.5 ft tall)

7. An electric or hydraulic winch with a minimum of 1,000 ft of 1/4 inch cable or equivalent strength rope that is capable of safely lifting the ROV overboard, and subsequently lifting and towing the clump weight. The ROV and clump weight are not lifted or suspended together at the same time.

8. A location on deck or vessel side where a bracket for mounting a hydrophone can be installed.

9. A generator system(s) onboard capable of simultaneously providing both 120 volts and 240 volts with a minimum sustained output of 30 amps.

Furthermore, the Contractor agrees to:

1. Provide a Skipper and crew that have the knowledge, experience, ability, and commitment to conduct safe operations of vessel and equipment.

2. Provide a Skipper and crew that will safely and effectively:

a) deploy, tow, and retrieve the sled/ROV and clump weight.

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b) closely follow a transect line at a consistently slow speed (0.5 – 0.75 kts)

c) operate the winch to maintain the clump weight approximately 5 fathoms above the sea floor while on-transect.

3. Provide a Skipper that possesses significant knowledge of regional and local weather and sea conditions.

4. Modify survey vessel, if necessary, to accommodate ROV equipment and operations (for example, drill holes in deck for hydrophone mount).

5. Provide all vessel fuel, operating supplies, and equipment necessary to conduct ROV operations.

6. Assume full responsibility for the operation, repair, and maintenance of the vessel and other furnished equipment and supplies.

7. Provide certifications of all required insurance, mechanical inspections, operator license, US Coast Guard inspection and boater safety cards.

8. Ensure that the vessel is on-station for each at-sea day with Skipper and crew ready to deploy the sled/ROV at sunrise.

9. Provide meals for the science crew to allow them to work continuously throughout daylight hours.

2.5 Work; Acceptance Criteria; Deliverables and Delivery Schedule

Sonar and ROV survey operations described herein shall be conducted within the period of Aug. 22, 2024 – June 30, 2025. The specific dates on which surveying will take place shall be subject to mutual agreement between the Department and the Contractor, with the understanding that surveying during periods of relatively low winds and low swell is crucial to success. The Contractor shall identify in their bid the dates that the vessel will not be available for work due to other obligations. Data collection will occur between sunrise and sunset, so during this contract period any additional work beyond daylight hours would be for transit only.

The charter contract will be terminated when, as determined by the Department, any of the following conditions are met:

1. the scientific objectives of the study have been met, or the available funds have been exhausted.

2. due to equipment failure, inclement weather, or other cause it appears that the scientific objectives cannot be met within a reasonable time frame.

3. the limit of 10 survey days at sea has been reached (transit days may be additional).

The Department will not reimburse the Contractor for travel, per-diem or other expenses not explicitly specified in the contract. These expenses are the contractor’s responsibility.

However, other compensable expenses may be proposed by the Contractor in their completed Bid Proposal Form. Please list, define, and give an associated cost (per hour or a flat daily rate) for any proposed expenses.

The Contract may be amended to delete services or to add any services that are within the scope of services in this Scope of Work. The terms of the Contract shall not be waived, 7 | P a g e altered, modified, supplemented or amended, in any manner whatsoever, except by written amendment signed by all parties and for which all necessary State of Oregon approvals have been obtained.

i. Vessel provided by the Proposer.

Vessel must have sufficient deck space for carrying the Agency’s ROV control trailer, ROV, umbilical, and clump weight, with substantial deck room to safely deploy the ROV and clump weight. Vessel must be able to maintain a transect speed of 0.5 – 0.75 kts. Vessel must have sleeping quarters for a minimum of two scientists.

ii. Key Person Requirements

Proposer must provide a vessel master with a minimum of 3 years of professional experience providing goods and/or performing services comparable to those required under this contract.

The Department will not control the means or manner of the operation of the vessel, with the following exceptions:

2. Specifying transect locations.

3. Giving real-time feedback to skipper regarding transect navigation (e.g., speed, desired heading).

4. Ensuring that the ROV and electronics are not subjected to jeopardy.

Otherwise, the Department will rely on the skills, knowledge and guidance of the Skipper and crew.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

There will be no minimum Qualifications for this RFP

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submission

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

• Offeror Information and Certification Sheet (Attachment C)

• Scored Proposal Components Form (Attachment H)

• Price Proposal and Mandatories Certification Form (Attachment E)

• Reference Check (Attachment D)

• Key Persons and Resumes

• Responsibility Inquiry (Attachment G)

Offeror should follow the format and reference the sections listed in the Offers Content

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Requirements section (3.4). Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information.

3.2.2 Authorized Representative

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

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

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

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.3.2 Questions / Requests for Clarification

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

• Be emailed to the SPC

• Reference the OregonBuys bid number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the solicitation being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

3.3.3 Pre-Offer Conference

A pre-submittal conference will not be held for this solicitation.

3.3.4 Offer Submission

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

3.3.4.1 Submission Options

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf https://oregonbuys.gov/bso https://oregonbuys.gov/bso https://oregonbuys.gov/bso/

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The cost sheet must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature Proposals must be received no later than the Proposal due date and time specified.

Modification or Withdrawal of Quotes or Offers

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

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

3.3.5 Offer Opening Date

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

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

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

3.3.6 Offer Rejection

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

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

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

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

Offeror makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

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

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

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3.3.7 Opening of Offers

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

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

3.4 OFFERS CONTENT REQUIREMENTS

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

3.4.1 Offeror Information and Certification Sheet

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

3.4.2 References

Provide at least three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must verify the quality of previous, related Work.

Agency may check to determine if references provided support Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications.

3.4.3 Project Team, Qualifications, and Availability (Use Attachment H)

A. Demonstrate Skipper’s qualifications and experience relating to the requested services. References listed may be used by the Agency during the evaluation of this criterion. Response should address the following:

1. Extent of principal involvement.

2. Names of key members who will or likely will be performing the work on this project and their responsibilities.

3.Qualifications (including any specified licenses or certifications) and relevant individual experience for all persons likely to work on these projects, including sub-contractors;

4. Short description of any relevant experience using teams on similar or related projects

5. Expertise above 3-year mandatory minimum listed in section 2.5 above.

6. Experience operating a vessel in Oregon’s nearshore marine environment, with an emphasis on experience in shallow (10-30 fathoms) nearshore waters.

7. Skipper’s knowledge of and experience with the vessel and its associated equipment (e.g. hydraulics) that will be used for this contract.

B. Describe the forecasted availability of the skipper, crew, and vessel for the period of Aug.

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22 – Oct. 15, 2024.

3.4.4 Vessel qualifications (Use Attachment H)

A. Provide a description of the vessel, including but not limited to: length, beam width, draft, deck space, cabin space, rigging, lifting mechanism type (e.g., davit, A-frame) and weight capacity, winch size/speed, stabilizers, cruising speed, bow thrusters, trolling valve, generator load capacities, and the number of berths available if applicable.

Provide photographs, diagrams or links to a relevant website, if available.

B. List most recent vessel inspections that have been performed (e.g., mechanical inspections, Coast Guard inspection, stability test), and provide copies of all applicable documents.

3.4.5 Costs

Submit a detailed Cost Sheet (Attachment E) for each activity described in the Scope of Work.

3.4.6 Public Record/Confidential or Proprietary Information

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

Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror.

However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting a offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness

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At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.5.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for optional rounds of competition.

Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available in the Point and Score Calculation section.

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

Proposals shall contain all elements of information requested below. These elements will be evaluated and assigned points as indicated. In responding, use Attachment H, as indicated.

Provide full, direct, and substantive responses.

3.5.2.1 Qualifications, and Availability (Use Attachment H) 35 Points

How well do the Vessel Master’s qualifications and experience relate to the requested services?

How well do the crew’s qualifications and experience relate to the requested services?

How suitable is the vessel’s forecasted availability for completing the work during the desired periods?

3.5.2.2 Vessel Qualifications (Use Attachment H) 35 Points

How well suited is the vessel (including its size, speed, maneuverability, accommodations, deck gear, and other equipment) for completing the work in a safe and efficient manner?

3.5.2.3 COST EVALUATION

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

lowest cost of all Offerors X cost points possible = cost score cost being scored

3.6 NEXT STEP DETERMINATION

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Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest-ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.7 PREFERENCES

3.7.1 Oregon Supplies and Services

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

3.7.2 Recycled Materials

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

3.7.3 Tiebreakers

Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.8 POINT AND SCORE CALCULATIONS

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE: 100

3.5.2.1 Project Team, Qualifications, and availability 35

3.5.2.2 Vessel Qualifications 35

3.5.2.3 COST POINTS POSSIBLE 30

EXAMPLE:

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Offeror A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Offeror A’s points for the criterion is 45.

3.8.1 RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

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

4.1.2 Notice of Award

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

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

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

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

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

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

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact http://www.irs.gov/pub/irs-pdf/fw9.pdf

15 | P a g e business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency will only negotiate the following provision:

• Term of the contract

• Descriptions of services

• Compensation

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

SECTION 5: ADDITIONAL INFORMATION

5.1 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=ore http://www.filinginoregon.com/index.htm https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

16 | P a g e gon4biz If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.2 GOVERNING LAWS AND REGULATIONS

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

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

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

5.5 COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.7 RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz http://www.oregon.gov/DAS

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5.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this solicitation are provided only as a courtesy to prospective Offeror. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Offeror is solely responsible for reviewing and understanding the solicitation and complying with all the requirements of this solicitation, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Offeror based upon, resulting from, or related to, Offeror’s failure to comprehend all requirements of this solicitation.

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H SCORED COMPONENTS FORMS

SECTION 6: LIST OF ATTACHMENTS