RFP #Bid S-63500-00009550 Lower Willamette & Columbia Rivers Aerial Angler Surveys ODFW # 635-017-24

THE STATE OF OREGON ACTING THROUGH ITS

DEPARTMENT OF FISH AND WILDLIFE

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

OregonBuys Bid S-63500-0009550 for

Lower Columbia and Willamette River Angler Effort Aerial Survey

Proposal Due Date: March 01, 2024 @ 3:00 PM PDT

THIS IS AN INTERMEDIATE PROCUREMENT; Agency will not be accepting protests.

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): 503-947-6169

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

RFP #Bid S-63500-00009550 Lower Willamette & Columbia Rivers Aerial Angler Surveys ODFW # 635-017-24

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 / SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFER CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 PRICE EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 SCORING OF OFFERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 APPARENT 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 SOLICIITATION; REJECTION OF PROPOSALS; NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

5.8 PRINTING, BINDING, AND STATIONERY WORK

5.9 CHECKLIST DISCLAIMER

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 CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY ... ………………………………………………………………………..…………………27

ATTACHMENT H SCORED COMPONENTS FORM .. …………………………………………………………………………………..28

RFP S-63500-00009550 Lower Willamette & Columbia Rivers Aerial Angler Surveys ODFW # 635-017-24

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 3 of 31

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The lower Willamette and Columbia Rivers support extensive recreational fisheries and require accurately determining catches of the various fish species for management purposes. Sport sampling programs are conducted on the lower Willamette (March-June) and lower Columbia River (February- October) to estimate total angler effort and catch by species. Aerial counts of boats and bank anglers on these rivers are required to accurately determine the level of angler participation in these fisheries. Accurate effort estimates are required to make catch estimates, which are used to manage the sport fishery within harvest guidelines and impact limits for fish species listed under the federal Endangered Species Act.

The Oregon Department of Fish & Wildlife’s (ODFW), North Willamette Watershed District Office, Columbia River Management Program is seeking a contractor (hereafter “Contractor” or “Provider”) to provide an approved aircraft, experienced pilot, labor, operating supplies, and equipment necessary to work with Oregon Department of Fish & Wildlife (hereafter “Agency” or “ODFW”) personnel to perform the service of conducting aerial angler effort counts on the Willamette River from Willamette Falls downstream to the mouth (including Multnomah Channel), the Clackamas River from the mouth to River Mill Dam, and the Columbia River from Herman Creek near Cascade Locks to the mouth at Buoy 10. The purpose of these flights is to accurately count boat and bank anglers participating in the recreational fishery of these areas. This work will require flying the rivers at low altitudes to assure the most accurate counts possible.

This solicitation process shall be carried out pursuant to applicable Oregon Revised Statutes (“ORS”) 279B.070 and Oregon Administrative Rule 137-047-0270. This RFP is open to all independent contractors who submit a written response (“Proposal”) which complies with the Mandatory Proposal Contents described in Section 10.2, hereinafter the “Proposer(s)”.

1.2 SCHEDULE

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

Issue Date: February 23, 2024

Solicitation Questions/Clarifications Deadline: 3:00pm February 27, 2024

Proposal Due Date: Thursday 3:00pm March 01, 2024

Tentative Issue of Notice of Intent to Award: March 08, 2024

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 4 of 31

Date to Begin Services: TBD

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation and contact information is identified on the Cover Page. Offeror shall direct all communications related to any provision of this solicitation, whether about the technical requirements, contractual requirements, the solicitation process, or any other provision only to the SPC. Contacting other agency employees before being permission by the SPC may result in their Offer being rejected.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

ODFW is issuing this SOLICITATION pursuant to its authority under OAR 125-246-0170(2) and ORS 496.146(11). ODFW has authorization to conduct fish and wildlife management activities under ORS 496.138, consistent with the policy in ORS 496.012.

Agency is using the solicitation method, pursuant to 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.

General Definitions

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

2.3 OVERVIEW AND PURPOSE

Agency Overview and Background

The ODFW’s mission is to protect and enhance Oregon's fish, wildlife, and their habitats for use and enjoyment by present and future generations.

PROJECT OVERVIEW, BACKGROUND AND PURPOSE

The angler effort flights will be conducted on the date a Contract has been fully executed by every party through October 31, 2024. A significant portion of the flights is expected to occur during August through October 2024 when Oregon State Police pilots’ availability for this project is reduced: however, services may be called upon at any time during the Contract period as the need arises, and these dates cannot be predetermined. Typically, flights will originate and terminate at Troutdale, Oregon, but may occasionally originate and terminate at Aurora, Oregon dependent on weather conditions. Each angler effort flight will typically last 3 to 3.5 hours in the morning for peak effort counts. The flight schedule is approximate and may be subject to change for reasons of inclement weather or in season regulation changes. The days and dates on which flights will be done shall be subject to determination by the Agency’s Contract Administrator or their designee.

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 5 of 31

The Contractor agrees to furnish an approved aircraft, experienced pilot, labor, operating supplies, and equipment necessary to work with Oregon Department of Fish & Wildlife personnel to perform the service of conducting aerial angler effort counts on the Willamette River from Willamette Falls downstream to the mouth (including Multnomah Channel), the Clackamas River from the mouth to River Mill Dam, and on the Columbia River from Herman Creek (near Cascade Locks) to Buoy 10 at the mouth. The purpose of the flights is to accurately count boat and bank recreational effort in these areas, which requires flying at low altitudes.

The Contractor’s aircraft must provide sufficient seating for one passenger in the aircraft such that the passenger has a clear view out the front and side windows of the aircraft.

Contractor’s pilot will determine all conditions regarding safety prior to and during the flight. Should the pilot consider the conditions unsafe, the pilot and the Agency Crew will either forego that particular flight, return to base or land at another site deemed more appropriate for safety. The flight schedule is approximate and may be subject to change for reasons of inclement weather or in season regulation changes.

Schedules may be adjusted between locations if necessary to complete survey work in an effective manner. Actual departure sites may vary to facilitate efficient and safest use of the Aircrafts time. The schedule may also require nonflight days to accommodate weather conditions, aircraft service schedules, and unforeseen events.

The Agency will:

a. Provide up to two (2) Agency personnel per plane to conduct surveys.

b. Provide dates, and times of flights.

c. Provide maps and areas to be surveyed.

d. Instruct the Offeror’s pilot regarding survey locations, routes, approaches, flight patterns, and techniques to allow the Agency personnel to collect all necessary survey data.

2.4 Safety Procedures:

Contractor’s pilot will determine all conditions regarding safety prior to and during the flight. Should the Contractor’s pilot consider the conditions unsafe, the pilot and the ODFW Crew will either forego that particular flight, return to base or land at another site deemed more appropriate for safety. The flight schedule is approximate and may be subject to change for reasons of inclement weather.

Schedules may be adjusted between locations if necessary to complete survey work in an effective manner. Actual departure sites may vary to facilitate efficient and safest use of flight time. The

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 6 of 31 schedule may also require non-flight days to accommodate weather conditions, aircraft service schedules, and unforeseen events. Aircraft to be provided: as described in Section 3.1.

2.6 Aircraft or Equipment Break Down:

Should the aircraft or other essential equipment break down and cause delay or termination of the operation, the equipment shall be repaired or replaced within 48 hours to allow continuance of the project. Failure to do so may result in a $500/day penalty until deficiencies are corrected. In the event weather conditions force a long-term shutdown during the surveys, and it is agreed the aircraft has to return to its home base then one-half the ferry time will be paid. All aircraft repairs must be made in accordance with FAR Part 135 standards before the operation proceeds.

2.7 Pilot to be provided: as described in Section 3.1.

2.8 Additional or Substitute Aircraft or Pilot:

If for any reason an additional or substitute pilot are required to complete the work required under this contract, it will be the responsibility of the contractor to supply or subcontract the same, within 48 hours, and with ODFW approval, at the contractor’s expense. The contractor must specify names of pilots provided for this contract and may not provide substitute pilots without prior approval by

ODFW.

2.9 Poor Pilot Performance:

ODFW reserves the right to ground any pilot who, in its sole opinion, violates Contract requirements, is unsafe, or otherwise performs unsatisfactorily. Contractor will be required, within 48 hours, to replace the grounded pilot. All replacements shall be approved in advance of use under the contract by ODFW. Failure to furnish a replacement pilot within the specified time will authorize ODFW to assess Contractor the amount of $500 per day for delay.

2.10 Damages:

Contractor shall deliver within the time indicated in Sample Contract (Attachment A). Should Contractor fail to meet the delivery schedule, thereby making it necessary for the State to purchase urgently needed services from another source, Contractor shall pay the difference between the accepted bid price and the new purchase price.

2.11 Specific Requirements:

Successful Offeror shall:

• Meet with the designated Agency biologist and be ready to fly daily. The usual procedure will be to fly two to four hours per day, at the biologist’s discretion.

• Make services available for this project within a 48-hour notice by the Agency.

• Determine all conditions regarding safety prior to and during the flight. Advise Agency if conditions are unsafe and either forego the flight or will return to base or any other site deemed appropriate for safety reasons.

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 7 of 31

2.12 Failure to Perform:

Unless the contractor is providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, as defined in ORS 279C.100, or unless the contracting agency for good cause specifies otherwise, the scope of work shall require the contractor to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

2.13 The contract terms and conditions shall specify clear consequences for a contractor's failure to perform the scope of work identified in the request for proposals or the contractor's failure to meet established performance standards. The consequences may include, but are not limited to:

(A) Reducing or withholding payment

(B) Requiring the contractor to perform, at the contractor's expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or

(C) Declaring a default, terminating the public contract, and seeking damages and other relief available under the terms of the public contract or other applicable law.

SECTION 3:PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFEROR REQUIREMENTS

Proposals not in compliance with the following Minimum Offeror Requirements will be rejected. At a minimum, responses to the solicitation shall include:

PILOT(S) REQUIREMENTS – Attachment H

Have flight experience as follows, substantiated by pilot logbook:

- Minimum of 1,000 hours of flight time with Cessna A185F airplane or approved equivalent.

- Minimum of 100 hours of low elevation (<500 ft.) over variable and rough terrain.

- Minimum of 100 hours of flying altitudes up to 6,500 ft.

- Pilot(s) must be familiar with Clatsop, Columbia, Clackamas, Washington, and

Multnomah counties, their landmarks and aviation hazards.

- Minimum of 100 hours of wildlife inventory experience/angler effort count or other similar low altitude survey experience.

- Aircraft pilots must be qualified in accordance with FAR Part 135. Substitute or back-up pilots must meet the same standards as the original pilot requirements as specified. All approved pilots shall be authorized to perform the requirements of this Solicitation in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements. The Agency reserves the right to check the background of any pilot through the Federal Aviation Administration. If substantiated information is found showing poor performance, safety violations, failure to fulfill contractual obligations, minimum requirements not being met, or any other unfavorable

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 8 of 31 information; the Agency reserves the right to reject any pilot/proposal for purposes of this Solicitation and any resulting contract.

Offeror Qualifications – Attachment H

• Offeror must have a minimum of three (3) years of successful professional experience performing services comparable to those required under this contract, and

• Offeror must provide copies of required Aircraft & Pilot FAR 135 certification and Safety Management System with proposal.

The Offeror shall submit completed Reference Check Form – Attachment D

• Bidder must provide at least two (2) current professional references and one (1) professional reference for work (from different firms and clients) supportive of bidder’s ability to comply with the requirements of this RFP.

• 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 RFP. 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.

• Offeror shall submit reference names and contact information. Agency will make three (3) attempts to contact each of the references provided by the Offeror. If these attempts are unsuccessful, the Offeror will receive a score of zero for that reference.

3.2 MINIMUM SUBMISSION REQUIREMENTS

Offer Format and Quantity

Offers must be in the form of a An Offer “package” containing one (1) original copy of the Offer.

Offers should be prepared in a simple, economical manner, without stiff binders or covers.

Responses to each section and subsection should be labeled to indicate the item being addressed.

Offer must describe in detail how requirements of this Solicitation will be met and may provide additional related information. Price Offer information must be submitted as a separate sealed envelope.

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

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

Public Notice

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 9 of 31

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

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

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 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 date and time for Questions/Requests for Clarification identified in the

Schedule Pre-Offer Conference

A Pre-Offer conference WILL NOT be held for this solicitation.

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. Offer submitted by any means not authorized may be rejected.

Submission Options:

Delivery through OregonBuys

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

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.

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 10 of 31

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

Delivery through Hard Copy Response (Mail, Parcel Carrier)

If Offeror elects to submit its Offer by hard copy, Offeror shall submit its Offer and all other submittal requirements using only white 8 ½” x 11” Recycled Paper, minimum 12-point font.

Offeror shall submit a 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. If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478) Offeror also shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

Offeror shall submit its Offer in a sealed package addressed to the SPC with the Offeror’s name and the OregonBuys bid number clearly visible on the outside of the package.

MAIL:

ATTN: KATHY BLEHM – CONTRACT SERVICES

2024 Lower Columbia & Willamette River Angler Effort Aerial Survey

RFP #S-63500-00009550

OREGON DEPARTMENT OF FISH AND WILDLIFE

4034 Fairview Industrial Drive SE Salem, OR 97302

Delivery through Other Electronic Media Response (E-Mail)

If Offeror elects to submit its Offer by other electronic media, Offeror shall submit one copy of its Offer and all other submittal requirements, to the E-Mail address below:

E-Mail Address: ODFW.Bids@odfw.oregon.gov

When E-Mailing in bids, Offerors must address the Subject line as follows:

Subject: OFFER FOR RFP #S-63500-00009550

The total combined file size of all documents should be compressed so it does not exceed 10 megabytes.

If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS

192.311 through 192.478), Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

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

Modification or Withdrawal 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 mailto:ODFW.Bids@odfw.oregon.gov

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 11 of 31 accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC

Offer Opening Date (Offer Due 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.

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.

OPENING OF OFFERS

There will be no public Opening of Proposals. Offers received will not be available for inspection until after a contract has been signed by the winning offeror. However, Agency will record and make available the identity of all Offerors after Opening.

3.4 OFFER CONTENT REQUIREMENTS

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

Offeror Certification & Information Sheet (Attachment C)

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

The Offeror shall complete and submit the Reference Check Form (Attachment D)

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 12 of 31

Provide at least two (2) current professional references and one (1) professional reference for work (from different firms and clients) supportive of Offeror’s ability to comply with the requirements of this contract. References must verify the quality of previous, related Work.

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.

Offeror shall submit reference names and contact information. Agency will make three (3) attempts to contact each of the references provided by the Offeror. If these attempts are unsuccessful, the Offeror will receive a score of zero for that reference.

Cost Sheet (Attachment E)

Submit a detailed Cost Sheet (Attachment E) stating the price for each deliverable and the total price for the entire project that includes the following items:

• Mobilization/Set up Fees

• Aircraft and pilot (price per hour),

• Ferry flights, if different from above (price per hour); and

• Fuel/Service Truck Driver (price per hour); and

• Milage for Fuel /Service Truck (price per mile); and

• Per diem (per day, per person) *; and

*Per State of Oregon Rates https://www.oregon.gov/das/Procurement/Pages/Travel.aspx

Responsibility Inquiry Form (Attachment G)

Offeror is required to complete and submit Attachment G — Responsibility Inquiry.

Scored Component Form (Attachment H)

Submit a detailed Scored Component Form (Attachment H) with written General Qualifications that demonstrate capability to complete the requested services, written detailed Understanding of Requested Services/Project, Pilot(s) qualifications (Primary and Back-up), 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.

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 a Offeror believes that any portion of its Proposal 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 Proposal.

https://www.oregon.gov/das/Procurement/Pages/Travel.aspx

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 13 of 31

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 Proposal, 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 Proposal that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

3.5 EVALUATION PROCESS

Responsiveness and Responsibility Determination

An Offer received prior to Opening will be reviewed to determine if it is Responsive to all Solicitation 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 Offeror. 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.

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

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

Evaluation Criteria

Offers meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee for scoring.

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

Each member of the Evaluation Committee will evaluate the Scored Proposal Components of each Proposal. Points given by each evaluator will be summed and divided by the number of evaluators to compute an average performance score for each Proposal.

Points Possible Scored Proposal Component

20 Understanding of Requested Services/Project

25 General Qualifications

25 Pilot(s) Qualifications

30 Estimated Fees

100 Total Maximum Points possible

3.5.1.1 Evaluation Item 1 - Understanding of Requested Services/Project (Attachment H)

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 14 of 31

Write a clear and concise understanding of the project based on existing information.

Address general description of the purpose and key issues.

3.5.1.2 Evaluation Item 2 – General Qualifications (Attachment H)

Demonstrate capability to complete the requested services. Response must list projects performed within the last three years, most comparable to the requested services. Include a description of their type, size, and duration. Also, for each project, indicate whether the work was accomplished within the original budget and deadlines, or needed to be revised.

Briefly explain the reason for any revisions.

Does the Offeror clearly describe how their qualifications will allow them to successfully perform the scope of work and meet all the minimum requirements?

Does the proposal demonstrate services comparable to those required under this RFP?

Does the Offeror demonstrate comparable services required under this RFP?

3.5.1.3 Evaluation Item 3 – Pilot(s) Qualifications, Primary and Back-up (Attachment H)

List all Pilot(s) flight experience over and above the Mandatory Requirements listed in section 3.1.2.

3.5.1.4 Evaluation Item 5 - Price – (Attachment E)

The Offeror must bid pursuant to requirements on Attachment E for the proposed services.

For evaluation purposes Agency will calculate a total based on lines 1 thru 6 by multiplying estimated quantity x unit prices for each line.

3.6 PRICE EVALUATION

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

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

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest scoring Responsible

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 15 of 31

Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 TIEBREAKERS

Oregon Supplies: If Agency receives Offers 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 125-246-0300.

3.9 POINT AND SCORE CALCULATIONS

Scores are the values assigned by each evaluator. Points are the total possible value for each section as listed in the table below. The SPC will average all scores for each evaluation criterion. Price points are calculated as stated in the Price Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE: 100

POINTS POSSIBLE

3.5.2.1 Understanding of Requested Services/Project 20

3.5.2.2 General Qualifications 25

3.5.2.3 Pilot(s) Qualifications, Primary and Back-up 25

3.5.2.5 Price 30

3.10 SCORING 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 Proposal 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

Award Consideration

If awarded the Agency shall award a Contract to the highest scoring 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.

Intent to Award Notice

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

4.2 APPARENT SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 16 of 31

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

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 scoring Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to Proposal submission.

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.

Business Registry

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

Responsibility Inquiry

Prior to award, Offeror shall be required to complete and submit Attachment G — Responsibility Inquiry.

Pay Equity Certification

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

Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this Offer, Offeror must certify by its Signature on Attachment C - Offeror 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 http://www.irs.gov/pub/irs-pdf/fw9.pdf http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 17 of 31 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.

4.3 CONTRACT NEGOTIATION

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 that terms are reserved for negotiation. Offeror shall review the attached Sample Contract and note exceptions.

Unless Offeror notes exceptions in its Proposal, the State intends to enter into a Contract with the successful Offeror with terms set forth in the 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. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Offers.

Any Proposal 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.

All items, except those listed below, may be negotiated between Agency and the apparent successful Offeror in compliance with Oregon State laws:

• Choice of law

• Choice of venue

• Constitutional requirements

• All applicable Federal and State requirements

In the event the parties have not reached mutually agreeable terms within 15 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest scoring 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=oregon4b iz

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.

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

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 18 of 31

5.2 GOVERNING LAWS AND REGULATIONS

This Solicitation is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from 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 Proposal in response to this RFP, 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 Proposal solely for the purpose of evaluating the Proposal, negotiating an Agreement, if awarded to Offeror, or as otherwise needed to administer the Solicitation process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Offers, including supporting materials, will not be returned to Offeror unless the Offeror is submitted late.

5.4 CANCELLATION OF RFP; 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 Proposal.

5.5 COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting 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, or costs associated with protests.

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its Proposal 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)

5.8 CHECKLIST DISCLAIMER

http://www.oregon.gov/DAS

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 19 of 31

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 (MUST BE RETURNED WITH PROPOSAL IF APPLICABLE)

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT D REFERENCE CHECK FORM (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT E COST SHEET (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT G RESPONSIBILITY INQUIRY (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT H SCORED COMPONENTS FORM (MUST BE RETURNED WITH PROPOSAL)

RFP #s-63500-00009550 2024 WILLAMETTE & COLUMBIA RIVER ANGLER EFFORT AERIAL SURVEY AttA

ATTACHMENT A

Sample Contract Form

Notice to Proposers: This Attachment A Sample Contract Form, is provided for informational purposes only. Please do not return any portion of this sample contract, including attached Exhibits, with your

Proposals.

State of Oregon

Oregon Department of Fish and Wildlife

Contract for Services for

2024 WILLAMETTE & COLUMBIA RIVER ANGLER EFFORT AERIAL SURVEY

This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its

Oregon Department of Fish and Wildlife, (“Agency)” and pending , (“Contractor”) a Corporation and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Name and Title Company Name **Address **City, State ZIP Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx anyname@yahoo.com

Agency's Contract Administrator for this Contract is:

Robert Reagan – Project Leader North Willamette Watershed District 17330 SE Evelyn St.

Clackamas, OR 97015 Phone: (503) 673-6017 E-Mail: robert.e.reagan@odfw.oregon.gov

Either party may change its Contract Administrator by providing the other notice in compliance with Section 17.6 of this Contract.

1. Contract Term.

The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and, approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates on October 31, 2024 . The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence:

2.1. this Contract less all exhibits;

2.2. Exhibit A (Statement of Work);

2.3. Exhibit B (Required Insurance);

2.4. Exhibit C (Special Terms and Conditions); When using Federal Funds mailto:anyname@yahoo.com mailto:robert.e.reagan@odfw.oregon.gov only. Please do not return any portion of this sample contract, including attached Exhibits, with your

2.5. Exhibit D (Independent Contractor Certification);

2.6. Exhibit E (Debarment and Suspension Form); When using Federal Funds

The foregoing documents and Exhibits are attached hereto and made a part of the Contract by this reference.

3. Services.

3.1. Performance of Services. Contractor shall perform the services (the “Services”) and deliver to agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Contract.

3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work.

Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has the characteristics and otherwise meets the acceptance criteria set forth in the Statement of Work. If Agency determines that the Deliverables has the characteristics and meets acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s acceptance of the Deliverables.

3.3. Rejection of Deliverables; Corrections. If Agency determines that a Deliverables does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15 business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor's delivery of the Deliverables.