RFP 5156 final.doc

RFP #5156 – Circuit Rider Drinking Water Services

State of Oregon

OREGON HEALTH AUTHORITY

Request for Proposal (“RFP”) under OregonBuys Bid Number S-44300-00001318 for RFP 5156: CIRCUIT Rider Drinking Water Services

Date of Issue: November 19, 2021 Opening Date (Proposals Due): December 20, 2021, 3:00 PM (Pacific time) Single Point of Contact (“SPC”):

John F. Gardner

Address:

800 NE Oregon Street, Suite 640

City, State, Zip Portland, OR 97232

Phone (voice) 971-673-1257

E-mail:

john.f.gardner@state.or.us

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, THIS DOCUMENT IS AVAILABLE IN ALTERNATE FORMATS SUCH AS BRAILLE, LARGE PRINT, AUDIO RECORDINGS, WEB-BASED COMMUNICATIONS AND OTHER ELECTRONIC FORMATS. TO REQUEST AN ALTERNATE FORMAT, PLEASE SEND AN E-MAIL TO OHA-OHA.PUBLICATIONREQUEST@STATE.OR.US OR CALL 503-378-3486 (VOICE) OR 503-378-3523 (TTY) TO ARRANGE FOR THE ALTERNATIVE FORMAT.

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

4SECTION 1:

GENERAL INFORMATION

41.1

INTRODUCTION

41.2

SCHEDULE

51.3

SINGLE POINT OF CONTACT (“SPC”)

5SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

52.1

AUTHORITY AND METHOD

52.2

DEFINITION OF TERMS

72.3

OVERVIEW

82.4

SCOPE OF WORK

12SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

123.1

MINIMUM QUALIFICATIONS

133.2

MINIMUM SUBMISSION REQUIREMENTS

14SECTION 4:

SOLICITATION PROCESS

144.1 Public Notice

144.2 Questions / Requests for Clarification

144.3 Pre-Proposal Conference

144.4 Solicitation Protests

154.5 Proposal Delivery Options

154.6 Proposal Modification or Withdrawal

164.7

PROPOSAL DUE

164.8

PUBLIC OPENING

164.9 Proposal Rejection

174.10

PROPOSAL CONTENT REQUIREMENTS

194.11

EVALUATION PROCESS

214.12

PREFERENCES

214.13

POINT AND SCORE CALCULATIONS

214.14

SCORING AND RANKING OF PROPOSERS

22SECTION 5:

AWARD AND NEGOTIATION

225.1

AWARD NOTIFICATION PROCESS

225.2

INTENT TO AWARD PROTEST

235.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

245.4

CONTRACT NEGOTIATION

25SECTION 6:

ADDITIONAL INFORMATION

256.1

CERTIFIED FIRM PARTICIPATION

256.2

GOVERNING LAWS AND REGULATIONS

256.3

OWNERSHIP/PERMISSION TO USE MATERIALS

256.4

CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

266.5

COST OF SUBMITTING A PROPOSAL

266.6

STATEWIDE E-WASTE/RECOVERY POLICY

266.7

RECYCLABLE PRODUCTS

266.8

PRINTING, BINDING, AND STATIONERY WORK

266.9

CHECKLIST DISCLAIMER

27LIST OF ATTACHMENTS

27ATTACHMENT A

SAMPLE CONTRACT

27ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

27ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET

27ATTACHMENT D

REFERENCE CHECK FORM

27ATTACHMENT E

PROPOSAL FORM

27ATTACHMENT F

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

27ATTACHMENT G

RESPONSIBILITY INQUIRY

27ATTACHMENT H

Sample Certification of Compliance with EO 21-29

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, Oregon Health Authority, Public Health Division, Center for Health Protection, Drinking Water Services (“OHA”) requests Proposals from qualified Proposers to provide Circuit Rider* Services, as further described in Section 2.4 of this RFP and in other solicitation documents, to Oregon community water systems serving a population of less than 10,000, and not-for-profit non-transient water systems.

OHA intends to award a single Contract for both ground water and surface water systems. The maximum not-to-exceed amount for compensation under the Contract will be $975,000.00 for the period of January 19, 2021 through January 18, 2026.

The initial term of the Contract awarded as a result of this RFP will be for two years, from on or about January 19, 2022 through to on or about January 18, 2024. OHA reserves the right to extend any Contract awarded up to a total term of 5 years.

All persons or firms submitting Proposals are referred to as Proposer or Proposers in this Request for Proposals (“RFP”); after execution of the Contract, the awarded Proposer will be designated as Contractor.

Each Proposer must submit a Proposal to provide Circuit Rider services for both ground water systems and surface water systems. (See Attachment E, Proposal Form).

The scope of the Contractor services and deliverables for the Contract is described in Section 2.4, Scope of Work. The parties will negotiate the final Statement of Work to be included in the Contract.

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.

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, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

OHA issues this RFP under the authority of ORS 413.033

Agency is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 137-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

Unless otherwise noted directly below or elsewhere throughout this RFP, capitalized terms shall have the meanings provided in OAR 137-046-0110.

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

General Definitions

For purposes of this RFP and the resulting Contract, the terms below shall have the following meanings:

· Circuit Rider means a contractor who provides on-site technical services for Drinking Water State Revolving Fund (“DWSRF”) Eligible Water Systems as defined below. Circuit Riders provide on-site technical “trouble-shooting” services for short term operational or related technical and/or managerial problems (For more information, see https://public.health.oregon.gov/HealthyEnvironments/DrinkingWater/Operations/Pages/circuitrider.aspx)

Circuit Rider services may also be offered to water systems that are not DWSRF Eligible identified and selected by OHA management on a case-by-case basis. No federal funding source will be used for Circuit Rider services provided to water systems that are not DWSRF Eligible.

· Contract means the Contract awarded as a result of this RFP.

· Contractor means the Proposer selected through this RFP to enter into a Contract with OHA to perform the Work.

· DWSRF Eligible Water System: Community water systems serving a population of less than 10,000, and not-for-profit transient and non-transient water systems.

· Key Personnel or Key Persons means the person or persons on Proposer’s staff to be assigned to perform the Work under the Contract. For Key Persons not identified prior to Proposal submission, a position description must be submitted.

· Office of Contracts and Procurement (“OC&P”) means the entity that is responsible for the procurement process for OHA.

· Project means the Work as defined below.

· Proposal means a written response submitted to OC&P in response to this RFP.

· Proposer means the person or entity that submits a Proposal.

· RFP means Request for Proposal.

· Work means the required activities, tasks, deliverables, reporting and invoicing requirements, as described in Section 2.4 Scope of Work of this RFP.

Special Definitions for Interpreting EO 21-19 Obligations.

The following definitions are from EO 21-19 as it may be amended. These definitions are for reference only and Proposers should refer to the EO 21-29 for current definitions.

· “EO 21-29” means Governor of the State of Oregon’s Executive Order 21-29, https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf.

· "Executive Branch" has the meaning given to the term Executive Department in ORS 174.112.

· "COVID-19" means a disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

· "Fully Vaccinated" means having received both doses of a two-dose COVID-19 vaccine or one dose of a single-dose COVID-19 vaccine and at least 14 days have passed since the individual's final dose of COVID-19 vaccine.

· "Proof of Vaccination" means documentation provided by a tribal, federal, state or local government, or a health care provider, that includes an individual's name, date of birth, type of COVID-19 vaccination given, date or dates given, depending on whether it is a one-dose or two-dose vaccine, and the name and location of the health care provider or site where the vaccine was administered. Documentation may include but is not limited to a COVID-19 vaccination record card, a copy or digital picture of the vaccination record card, or a print-out from the Oregon Health Authority's immunization registry.

· "Employee" means any person employed by the Executive Branch, but does not include individuals whose only work for the Executive Branch is as a volunteer board, commission, or council member, and whose compensation is limited to a stipend or per diem; does not include elected or appointed District Attorneys; and does not include Workers.

· "Worker" means an individual who is not an Employee, and is engaged to provide goods or services to the Executive Branch through any formal or informal agreement, whether compensated or uncompensated, including Oregon Corrections Enterprises, but does not include a visitor, patron, adult in custody, or board, commission, or council member. Individuals are exempt from the definition of Worker unless any provision of the agreement to provide goods or services requires work to be performed in person and on site at an Executive Branch worksite, regardless of frequency, whether other persons are present, or any contingent nature of that requirement. Persons making deliveries or pick-ups to Executive Branch worksites are not considered Workers.

The following definition of Worksite is from the Executive Order 21-29 Vaccination Requirements for State Contractors Frequently Asked Questions as may be amended and is for reference only. Proposers should refer to the FAQ for the most recent definition.

ExecutiveOrder21-29_ContractorFAQ.pdf (oregon.gov) “Worksite” means any indoor premises controlled or operated by an Executive Branch agency, where a Worker performs services in person for longer than 15 minutes (“close contact” as defined by the Centers for Disease Control and Prevention). For leased spaces including multi-tenant environments, this includes only the spaces and services under the control of the agency, it excludes landlord provided services and doesn’t include common areas or other areas not within the control of the Agency.

2.3 OVERVIEW

Agency Overview and Background

Access to safe drinking water is essential to human health. Each person on Earth requires at least 20 to 50 liters of clean, safe water a day for drinking, cooking, and simply keeping themselves clean. Oregon Drinking Water Services works to help keep drinking water safe for Oregonians.

Oregon Drinking Water Services (“DWS”) administers and enforces drinking water quality standards for public water systems in the state of Oregon. DWS focuses resources in the areas of highest public health benefit and promotes voluntary compliance with state and federal drinking water standards. DWS also emphasizes prevention of contamination through source water protection, provides technical assistance to water systems, and provides water system operator training. https://public.health.oregon.gov/HealthyEnvironments/DrinkingWater/Pages/index.aspx.

Purpose The 1996 Safe Drinking Water Act authorizes up to 2% of the state’s annual Drinking Water State Revolving Fund allotment to support technical assistance to community water systems serving fewer than 10,000 people, as well as not-for-profit transient and non-transient water systems. The Oregon Drinking Water Advisory Committee continues to recommend directing these funds toward contracts for circuit rider services and specialty services. The goal of these services is to improve drinking water safety and regulatory compliance, and to improve the quality of water service provided by small community water systems statewide. Circuit Riders provide on-site technical “trouble-shooting” services for short term operational or related technical and/or managerial problems. For more information, see https://public.health.oregon.gov/HealthyEnvironments/DrinkingWater/Operations/Pages/circuitrider.aspx On-site evaluations and inspections are conducted to help identify system deficiencies and provide recommendations for resolution. Guidance for system maintenance, repair and improvement is also provided. Circuit Rider activities are limited to 10 hours or less per identified problem without the prior, written approval of OHA. Requests for site visits and assistance are made directly to the Circuit Rider and the majority of the responses by the Circuit Rider are made through on-site field visits. The Circuit Rider provides a written summary of the contact and actions performed.

2.4 SCOPE OF WORK

Work to be performed under the Contract awarded through this RFP includes:

Goals:

The goals of the Work described in this Scope of Work are to: (1) ensure public health through safe drinking water; (2) improve compliance with the Safe Drinking Water Act; and (3) improve water system capacity and expertise.

Method:

These goals must be implemented by providing technical assistance to eligible water systems by on site troubleshooting of short term operational or related technical and or managerial problems.

2.4.1 Small Water System Technical Assistance

Objective:

Contractor shall provide on-site technical “trouble-shooting” services of a short-term duration. For purposes of this RFP, “services of a short-term duration” means 10 hours or less of Contractor-provided services per identified problem without the prior, written approval of OHA.

However, OHA will authorize Disinfectant Contact Time (“CT”) determinations in 15- hour increments.

In addition, with OHA’s prior written authorization, Contractor shall perform these additional services:

1) Project Management: Contractor shall assist water systems identified by OHA by providing project management duties for approved service actions. This service shall consist of, but is not limited to, an initial on-site evaluation and assessment of project scope and time requirements for the system, which will be presented to OHA in a written report. This review and report activity shall not exceed 10 hours without prior written approval. If the submitted proposal receives approval, the Contractor shall assume the role of project manager for the life of the approved service. OHA will authorize such service in 20-hour increments.

2) Asset Management: Contractor shall provide on-site technical assistance to water systems evaluating or implementing an asset management strategy or program. OHA will authorize such services in 15-hour increments.

3) Trade Show / Conference Attendance: Upon Contractor’s written request to OHA during the Contract term, OHA may authorize Contractor to attend trade shows and training conferences to provide information and outreach materials (pamphlets, brochures, etc.) to water system operators, representatives, and decision makers in order to increase awareness of the availability of circuit rider services activities available to them. Contractor’s written request must include a description of the event and planned services , together with estimated costs, including out of pocket expenses and the anticipated duration of Contractor’s services at each such event. OHA may accept or refuse, at its sole discretion, Contractor’s written request. If Contractor’s request is approved, OHA will authorize attendance time and payment for information sharing and outreach consistent with the payment provisions negotiated by the parties as stated in the final Contract. If included in the Contract, the costs and/or payment rates for conference and trade show attendance shall not exceed $120 per hour plus, if applicable, out of pocket expenses pre-approved by OHA.

Groundwater System Services:

1) Services include, but are not limited to, providing technical assistance and making recommendations related to pipe and pump repair, leak detection, treatment process evaluation and optimization, well head disinfection, and providing Technical, Managerial and Financial (“TMF”) assistance to water systems, including asset management templates and completing financial assistance applications and letters of interest to the Oregon Safe Drinking Water Revolving Loan Fund.

2) In addition, with OHA’s prior written authorization, the Contractor shall assist water systems with data collection, which may include the physical collection of source samples (Microscopic Particulate Analysis (“MPA”)), associated with the evaluation of Groundwater Under Direct Influence (“GWUDI”) rule and Bank Filtration , i.e., alternative treatment technology. The Contractor shall provide technical assistance regarding additional treatment techniques options to be installed if a GWUDI determination results in a source being subject to the Surface Water Treatment Rule.

Surface Water System Services:

1) Services include, but are not limited to, providing technical assistance and recommendations related to water treatment plant operation and optimization, chemical feed and coagulation control, process monitoring control, distribution system leak detection and piping repair, contact time calculations , pump and mechanical equipment repair, and providing Technical, Managerial and Financial (“TMF”) assistance to water systems, including asset management templates and completing financial assistance applications and letters of interest to the Oregon Safe Drinking Water Revolving Loan Fund.

2) In addition, with OHA’s prior written authorization, Contractor shall assist water systems using surface water with their sampling protocol for the Long‑Term 2 Enhanced Surface Water Treatment Rule, conducting source water sampling as required, performing initial bin classification, and providing technical assistance regarding additional treatment modalities to be installed, if required by initial bin classification.

Approach:

For both groundwater and surface water systems, Contractor shall respond to requests from eligible water systems for technical and managerial assistance to solve problems that require immediate attention but are not associated with long-term assistance. These requests may come to the Contractor directly from the eligible water systems or by referral from the OHA Drinking Water Services and Partner Agencies including contracted Local Public Health Authorities (“LPHA”) and the Oregon Department of Agriculture. Contractor shall respond through remote communication (telephone, E‑mail, or Fax) or, through the field (site visit) contact in order to resolve the eligible water system’s problem. Contractor shall take action that, in the Contractor’s professional judgment, is necessary and appropriate to resolve the problem. Contractor shall be responsible to OHA and to the eligible water system for actions taken to resolve the problem as a result of Contractor’s professional judgment.

For surface water systems, an operator with Oregon Level 3 or Level 4 Water Treatment Certification with a Filtration Endorsement is required in order for the Contractor to provide the desired assistance to water system treatment plant operators. Contractor-provided technical assistance includes, but is not limited to:

· Filter performance and maintenance;

· Backwash procedures;

· Chemical dosage adjustments and jar testing;

· Standard operating procedures and guidelines;

· Plant start-up and shut down procedures;

· Monitoring equipment calibration;

· Flocculation and sedimentation process evaluation.

Contractor shall not provide technical assistance, under the terms of the resulting contract of this RFP, to any water system with whom the Contractor has an existing contract or retainer for professional services.

Contractor shall not bid on or enter into any agreement or service contract with a water system eligible for Circuit Rider assistance without prior written notification to OHA. Upon such written notification, Contractor will no longer be authorized to perform Circuit Rider services for that system.

Deliverables:

Contractor shall prepare and submit the following:

1. A written summary of the contact using the DWS specified format for each assistance activity provided by Contractor. This document must be provided to both the water system and DWS within 90 days of service, and must consist of at least the following:

· Problem identification – reason for the contact.

· Action performed by the Contractor.

· Necessary or follow-up actions.

2. Copies of all technical reports and recommendations generated as part of the assistance activity.

3. For project management assistance, submittal of service time estimate, and project scope determination are due prior to the beginning of project management service.

4. For project management assistance, final project documentation, reports and supporting documentation are due at completion of project.

5. Invoice for each assistance action provided, identifying problem, time spent providing assistance, and travel time to and from worksite(s).

6. All invoicing for services must be submitted to DWS no later than 90 days from date of service.

Evaluating Customer Satisfaction:

The OHA Drinking Water Services will conduct an evaluation of water systems, who received services under any resulting Contract, regarding Contractor performance of the work and water system satisfaction with services received.

2.4.2 COVID-19 Restrictions and Guidelines:

Contractor shall conduct services via virtual teleconferencing application as a preferred method. If virtual teleconferencing application is not available, appropriate, or applicable for service delivery, then Contractor shall continue in-person service delivery. When conducting services in-person and while COVID-19 pandemic restrictions are in effect, Contractor shall perform services in compliance with current COVID-19 safety precautions that can be found at the following websites: https://govstatus.egov.com/OR-OHA-COVID-19,https://www.cdc.gov/coronavirus/2019-ncov/index.html.

2.4.3 Health Equity Requirements

People in Oregon recognize that systemic racism and historical and contemporary injustices have led to health inequities in the state. Environmental threats like wildfire and smoke disproportionately impact communities of color, tribal communities, persons with physical, developmental and intellectual disabilities, persons living in congregate care and low-income communities. Complex public health problems require a nimble, community-based, and equity centered public health system. Without this system, Oregon risks its public health resilience, response and recovery, and future health threats will continue to exacerbate health inequities.

Pursuant to the Public Health Modernization Plan to eliminate health disparities by 2030, Contractor shall prioritize services to communities of color, tribal communities and low-income communities.

Additional information regarding the Public Health Modernization Plan to eliminate health disparities by 2030 can be accessed at the Public Health Modernization website:

https://www.oregon.gov/OHA/PH/About/TaskForce/Pages/index.aspx, and also by reviewing the Public Health Modernization Plan brochure located here: https://www.oregon.gov/oha/PH/ABOUT/TASKFORCE/Documents/Public-Health-Modernization-overview-January-2021.pdf

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section.

Minimum Key Person Qualifications All Proposers must meet all of the following minimum qualifications as confirmed by the Proposer’s responses to these requirements in Attachment E – Proposal Form, Part 1, and as confirmed by the Key Person’s(s’) resume(s) which must include applicable license and certificate numbers, submitted with the Proposal.

3.1.1.1 Proposer’s Key Persons must include one or more Registered Professional Engineer(s), who possess(es) a current Oregon registration and certificate to practice engineering pursuant to ORS 672.020, who will be assigned to work on the Project.

3.1.1.2 In addition, Proposer shall provide a copy of the current Oregon Operator Certificate issued pursuant to OAR 333-061-0235 for each Key Person named by Proposer in response to Section 4.10.7 Key Persons.

3.1.1.3 In addition, Proposers opting to submit Proposals to provide services to surface water systems must list at least one Key Person possessing a valid Oregon Level 3 or Level 4 Water Treatment Certificate, and a copy of the Key Person’s or Key Persons’ current Water Treatment Certificate(s).

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Quantity Proposals should follow the format and reference the sections listed in the Proposal Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined on this page for electronic submission: How to electronically respond to a Bid in OregonBuys 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.

3.2.2 Proposal Page Limit

There are no mandatory page limits. However, OHA recommends Proposers voluntarily limit their responses in Attachment E – Proposal Form for Sections 4.10.3 - 4.10.6 to 10 pages.

The following items do not count toward the recommended voluntary page limit:

· Proposal Information and Certification Sheet (Attachment C)

· Any other required forms 3.2.3 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.2.4 Proposal Content Requirements

All Proposals must include all items required by Section 4.10 Proposal Content Requirements in order to be considered for evaluation. Failure to comply with all the submittal requirements outlined in this RFP may result in the Proposal to be considered non-responsive.

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 Questions / Requests for Clarification

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 RFP number

· Identify Proposer’s name and contact information

· Be sent by an authorized representative

· 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.

4.3 Pre-Proposal Conference

A pre-Proposal conference will not be held for this RFP.

4.4 Solicitation Protests

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except for protests of Amendment(s) or the terms and conditions of the proposed Contract, as set forth in the Negotiations Section.

4.4.2 Protests to Amendments Prospective Proposer may submit a Written protest of anything contained in the respective Amendment. Protests to Addenda, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment, or they will not be considered. Protests of matters not added or modified by the respective 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:

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

· evidence or documentation that supports the grounds on which the protest is based

· 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 Addenda must be received by the due date identified in the respective Addendum

4.5 Proposal Delivery Options

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening . Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Proposal submitted by any means not authorized 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 How to electronically respond to a Bid in OregonBuys.

4.6 Proposal Modification or Withdrawal

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

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, , or hard copy prior to the Opening in accordance with OAR 137-047-0440 To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

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

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 137-047-0610.

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 in ink.

· 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 those the SPC authorizes, or inappropriate contact with the SPC.

· Proposer attempts to inappropriately 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 Addenda.

4.10 PROPOSAL CONTENT 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 will be considered non-Responsive to this RFP and will not be considered further.

4.10.1 Proposal Information and Certification Sheet (Attachment C) The Proposer shall complete and submit the Proposal Information and Certification Sheet (Attachment C).

4.10.2 Responsibility Inquiry (Attachment G)

The Proposer shall complete and submit a signed Responsibility Inquiry form (Attachment G) with the Proposal.

4.10.3 Reference Check Forms (Attachment D)

The Proposer shall submit two Reference Check forms (Attachment D) signed by customers or clients for whom Proposer has provided services similar to those described in Section 2.4 of this RFP within the last 5 years. References must verify the quality of previous, related Work. Two completed Reference Check forms must be submitted with the Proposal.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact 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.

4.10.4 Proposal Form (Attachment E)

The Proposer shall complete and submit Attachment E Proposal Form responses to the RFP Proposal requirements for RFP 5156 as set forth in Section 3.1.1 (Minimum Key Person requirements) and Sections 4.10.5 through 4.10.8 below.

4.10.5 Organizational Capacity:

The Proposal must briefly describe Proposer’s experience and capacity to perform the Work described in this RFP, including, but not limited to: 1) experience with project coordination and evaluation; and 2) capacity to begin and continue the Work for the period described in this RFP. Include names and addresses of any government or private agencies with which the Proposer has contracted to provide services within the last three years.

4.10.6 Fiscal Stability:

The Proposal must briefly describe Proposer’s experience with, and current strategies for, ensuring that the Proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed Contract period. Identify the staff or board members that have fiscal responsibilities. Any Proposer that has generated financial statements shall submit copies for the most recent period. If financial statements have not been generated, then Proposer may submit an audit or fiscal review by a certified public accountant, or if the Proposer is a “new” business, include a copy of a business plan completed within the last year.

4.10.7 Key Persons:

The Proposal must specify Key Persons to be assigned to this Project and include a current resume (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience for the Work described in Section 2.4. Scope of Work (See also Section 3.1.1 Minimum Key Person Requirements and its certificate and license number submission requirements). For Key Persons not identified prior to Proposal submission, Proposers shall submit a detailed position description and explanation of how the Key Person position will be filled.

OHA reserves the right to approve or deny Key Persons submitted for review after award of the Contract.

4.10.8 Project Implementation Plan:

The Proposal must briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work, as described in Section 2.4 of this RFP. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the Proposer will serve to coordinate and accomplish the Work, furnishing the deliverables described in Section 2.4 Scope of Work. The Proposer must include at least the following in the management plan submitted in response to this RFP:

Project Management:

· Describe how the project team will interact, utilize and communicate with OHA.

· Explain how the project team will utilize their leadership to oversee the efficient and timely completion of project requirement tasks.

· Describe the level of direction provided by the Project Manager to the work team and any subcontractor used.

Project Schedule:

· Describe how Proposer will schedule, utilize resources, personnel hours, and travel to complete small water system requests for assistance. Include anticipated constraints of OHA and the contract framework.

Method/Approach:

· Describe how Proposer will achieve the project objectives including sources of technical resources, materials, and supplies.

· Describe how Proposer will evaluate the effectiveness and efficiency of the services and training provided.

· Describe Proposer’s processes/procedures for responding to changes in small water system needs for assistance and or training.

· Describe how Proposer would prioritize competing requests for assistance.

· Proposer shall outline, by geographic region or area of specialty, how the response to the requests will be met.

4.10.9 Cost Proposal No Cost Proposal is required for this RFP.

Contractor will be compensated at an hourly rate of $120.00 for a maximum duration of 10 hours ($1,200.00) per water system. Additional hours may be authorized and approved by the OHA Drinking Water Services Project Manager on a case-by-case basis. Payments that differ from this schedule will not be authorized without prior amendment of the resulting Contract from this RFP.

Costs and/or payment rates associated with conference and trade show attendance will be negotiated and stated separately within the Contact and shall not exceed $120 per hour plus out-of-expenses pre-approved by OHA.

4.10.10 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Affidavit of Trade Secret (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

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

4.11 EVALUATION PROCESS

4.11.1

Responsiveness and Responsibility Determination Proposals received prior to Opening will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

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

4.11.1.1 Responsiveness determination

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.11.1 .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 F) with the Proposal.

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

4.11.2

Evaluation Criteria Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this section.

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

1) Organizational Capacity (Maximum Score: 20 points): How well did Proposer describe Proposer’s experience and capacity to perform the Work described in this RFP including project coordination and evaluation, the ability to begin and continue the Work?

2) Fiscal Stability (Maximum Score: 10 points): How well did Proposer sufficiently address all elements of Fiscal Stability? How well did the Proposer demonstrate the ability for sound fiscal policy either based on successful completion of similar projects, successful audits, or a copy of a recent business plan?

3) Key Persons (Maximum Score: 20 points): How well has the Proposer demonstrated that its Key Persons possess the knowledge, understanding and experience of service delivery to perform the required Work? Did Proposer identify Key personnel to be assigned to the project and include resume(s) that demonstrate qualifications and experience necessary for performing the Work described in Section 2.4. Scope of Work? For Key Persons not yet hired, have detailed position descriptions been included?

4) Project Implementation Plan (Maximum Score: 50 points): How well has the Proposer demonstrated a thorough understanding of the purpose, scope and timelines to implement the project including Project Management, Project Schedule, and Method/Approach?

5) Reference Check Forms (Maximum Score: 10 points):

Each Proposer may receive a maximum of 10 points for the two Reference Check Forms (Attachment D) submitted by Proposer , which will be scored as follows:

Each Reference check form will be evaluated and score using a scale of 0 to 5, with 5 being the highest score:

0 = The Reference was Not satisfied with Proposer’s service.

3 = The Reference was Moderately satisfied with Proposer’s service.

5 = The Reference was Extremely satisfied with Proposer’s service.

The total points for each of the two References will be added for the Total References score.

4.11.3

PREFERENCES

4.11.3.1 Reciprocal Preference [Reserved]

4.11.3.2 Recycled Materials [Reserved]

4.11.3.3 Tiebreakers Oregon Supplies: 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.

4.11.4

POINT AND SCORE CALCULATIONS

Scores are the values (0 through 110) 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.

The maximum score (points) possible are as follows:

1) Organizational Capacity:

2) Fiscal Stability:

3) Key Persons:

4) Project Implementation Plan

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4.11.5

SCORING AND RANKING OF PROPOSERS

SPC will rank all Proposers advancing through all rounds of evaluation. 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) from all rounds of competition, together with references, and final cost. After each applicable preference has been applied, SPC will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

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 4.11- 4.12. Agency may award less than the full Scope of Work described in this RFP.

As stated in Section 1.1, Agency intends to award: a single Contract from this RFP.

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Offeror shall have 7 calendar days from the date of the intent to award notice to file a Written protest.

A Proposer is an Affected Offeror 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 Proposals or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

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

5.2.1.1 Protests must:

· Be delivered to the SPC via email;

· Reference the OregonBuys bid number;

· Identify prospective Proposer’s name and contact information;

· Be signed by an authorized representative of Proposers;

· Specify the grounds for the protest; and

· Be received within 7 calendar days of the intent to award notice.

5.2.1.2 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

5.3.1 Insurance

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

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

5.3.2 Taxpayer Identification Number

The apparent successful Proposer 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 Proposer 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.

5.3.3 Business Registry

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

5.3.4 Pay Equity Certification

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