RFP_Abandoned.Derelict.Vessel.pdf

STATE OF OREGON

DEPARTMENT OF ADMINISTRATIVE SERVICES,

PROCUREMENT SERVICES

On behalf of State agencies and members of the Oregon Cooperative Purchasing Program (“ORCPP”)

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S-10700-00005076 for

ABANDONED AND DERELICT VESSEL

AND STRUCTURE REMOVAL

Date of Issue: May 22, 2023

Opening Date and Time: June 22, 2023, 2:00 pm PDT

Single Point of Contact (SPC): Stephanie Austermann, State Procurement Analyst

Address: 1225 Ferry St. SE City, State, Zip Salem, OR 97301 Phone (cell) 971-375-5558 E-mail: stephanie.austermann@das.oregon.gov mailto:stephanie.austermann@das.oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 PROPOSAL SUBMISSION QUALIFICATIONS

3.2 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 MASTER SERVICES AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE MASTER SERVICES AGREEMENT AND EXHIBITS

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PRICE PROPOSAL

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services – Procurement Services (DAS-PS), is issuing this Request for Proposal, under the provisions of ORS 279B.060, on behalf of state agencies and members of the Oregon Cooperative Purchasing Program (Authorized Purchaser), for the removal, transport, storage, disposition and clean-up of abandoned and derelict vessels and structures and marine debris from waterways, submerged lands and submersible lands in the State.

DAS-PS anticipates the award of multiple Master Services Agreements from this RFP.

The initial term of the Master Services Agreement is anticipated to be 3 years with options to renew.

Authorized Purchasers may issue Work Order Contracts in accordance with the ordering procedures described in the Attachment A - Sample Master Services Agreement. Proposers are advised that there is no guarantee of any specific number of purchases under the Master Services Agreement.

1.2 SCHEDULE

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

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference June 2, 2023

11:00 PM

Questions / Requests for Clarification Due June 6, 2023

2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) June 9, 2023

RFP Protest Period Ends 7 calendar days prior to opening

Opening (Proposal Due) See RFP cover page Public Opening of Proposal June 22, 2023 2:00 PM Issuance of Notice of Intent to Award (approx.) July 17 2023

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

The Department of Administrative Services, (DAS-PS), is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-0170(3).

DAS-PS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS-PS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

“Abandoned Structure” means a structure that has been left without authorization on, under or over state-owned submerged or submersible lands or on public or private land as defined in applicable jurisdiction.

“Abandoned Vessel” as defined in ORS 830.908(1) and OAR 141-082-0255(2), means a vessel that has been left without authorization on public or private land, the waters of this state, or any other water.

“Derelict Vessel” as defined in ORS 830.908(3) and OAR 141-082-0255(23), means a vessel that is on the waters of this state and that is:

(a) Sunk or in imminent danger of sinking;

(b) Obstructing a waterway;

(c) Endangering life or property; or

(d) In such dilapidated condition that it is in danger of becoming a significant environmental hazard as evidenced by repeated and documented instances of leaking fuel, sewage, or other pollutants.

“ADV” means a vessel that is either an Abandoned Vessel or a Derelict Vessel or both.

“Derelict Structure” as defined in ORS 274.376(3) and OAR 141-082-0255(22), means a

Structure that is on, under or over state-owned submerged or submersible lands and that is:

(a) Sunk or in imminent danger of sinking due to its dilapidated condition;

(b) Obstructing a waterway;

(c) Endangering life or property; or

(d) In dilapidated condition such that it is in danger of becoming an environmental hazard as evidenced by instances of leaking fuel, sewage, or other pollutants.

“Enforcement agency” as defined in ORS 830.908(4), means a law enforcement agency, a federal agency, the State Marine Board, or any other public body, as defined in ORS 174.109, that has responsibility for land or water on which an Abandoned Vessel or a Derelict Vessel is located.

“Marine Debris” as defined in ORS 274.376(5) and OAR 141-082-0255(51), means any manufactured or processed solid material that: (a) persists in the marine environment;

and (b) is disposed of or abandoned, either with intention or unintentionally, in any waters of which the submersible or submerged lands belong to the State of Oregon.

“ORCPP” means the Oregon Cooperative Purchasing Program. State agencies with their own procurement authority, institutions of higher institution, political subdivisions and other entities may become members. Members of the program are authorized to use statewide contracts in the State of Oregon.

“Owner” as defined in ORS 274.376(6) and OAR 141-082-0255(60), means a person who has a property interest in a Structure or Vessel.

“Structure” as defined in OAR 141-082-0255(79), means anything placed, constructed, or erected on, in, under or over state-owned submerged and submersible land that is associated with a use that requires a waterway use authorization. Structures include boat houses, floating homes and other structures secured to a pier or piling; except vessels, it cannot be both.

“Submersible Lands” as defined in OAR 141-082-0255(82), means land lying between the line of ordinary high water and the line of ordinary low water of all title navigable and tidally influenced water within the boundaries of the State of Oregon.

“Submerged Lands” as defined in OAR 141-082-0255(81), means land lying below the line of ordinary low water of all title navigable and tidally influenced water within the boundaries of the State of Oregon.

“Vessel” as defined in ORS 830.908(6), means a boat, a boathouse as defined in ORS

830.700, a floating home as defined in ORS 830.700, or any other floating structure that is normally secured to a pier or pilings. “Vessel” does not include a dock as defined in ORS 307.120.

“Waters of this state” as defined in ORS 830.005(13), means all waters within the territorial limits of this state, the marginal sea adjacent to this state and the high seas when navigated as part of a journey or ride to or from the shore of this state.

2.3 OVERVIEW AND PURPOSE

Multiple state agencies and ORCPP members manage the waterways, submerged and submersible lands within the State of Oregon. Part of that management includes the removal of Abandoned and Derelict Vessels, Structures, and other marine debris. Removal operations are rapidly changing and unique in nature.

The purpose of this RFP is to receive competitive Proposals and award Master Services Agreements for the removal, transport, storage, disposition, and clean-up of Abandoned and Derelict Vessels and Structures of various types, including steel, wood, commercial/military, and marine debris from waterways, submerged lands, and submersible lands in the State of Oregon.

2.4 SCOPE OF WORK

DAS-PS intends to establish Master Services Agreement(s) for the following categories of service. The awarded Contractor(s) shall provide all Services required in the designated Category, including obtaining and maintaining all licensing, permitting, or certifications necessary to provide the Services in the designated Category and providing the necessary equipment, transportation, or storage space necessary to provide the Services in the designated Category:

Category A Relocation with Transport, up to 35’ Relocate and transport to storage Vessels and Structures up to 35’.

Includes Debris, floating docks, or buoys.

Category B Removal with Disposal, up to 35’ Removal and disposal of Vessels and Structures up to 35’. Includes debris, floating docks, or buoys. Deconstruct, salvage, dispose and/or transport to a waste management facility. May include waste and hazardous material removal and disposition.

Category C Removal and/or Disposal 35’ to 100’ Removal and/or disposal of Vessels and Structures 35’ to 100’ in length.

Deconstruct, salvage, dispose and/or transport to a waste management facility. May include waste and hazardous material removal or disposal, diving, marine towing, land towing or use of specialized equipment; more complicated debris removal, removal of deteriorated floating structures, docks, etc.

Category D Removal, Deconstruction and Disposition over 65’ Removal, deconstruction, salvage and disposal of Vessels and Structures with or without marine/land towing over 65’, including former military industrial and commercial vessels. May include waste and hazardous material, PCB & lead removal or disposal, diving, marine towing, land towing or use of specialized equipment; more complicated debris removal, removal of deteriorated floating structures, docks, etc.

Category E Storage Vessel storage on land. Transportation to and from the storage location.

Category F Assessment Assessment of Vessels or Structures including any onsite survey, photographs, field measurements, sampling, and testing. May also include diving activities.

Category G Securing Securing of Vessels or Structures in the water.

Once the Master Services Agreements are in place, Authorized Purchaser(s) and Contractor(s) will negotiate the Statement of Work, including tasks, deliverables, timelines, and consideration for inclusion in each Work Order Contract.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 PROPOSAL SUBMISSION QUALIFICATIONS

To be considered for evaluation, the Proposer must submit a Proposal with the information and documents outlined below.

• Information required by Section 3.2 (below)

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

3.1.1 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in Section 3.2 (the Proposal Requirements section). Responses to each section and subsection should be labeled to indicate the item being addressed.

Proposer shall submit one copy of all submittal requirements, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). Attachment C (Proposer Information and Certification Sheet) must be signed by the Proposer’s authorized representative, 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. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

3.1.2 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by DAS-PS.

3.2 PROPOSAL REQUIREMENTS

The Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Services to be performed. A Proposal that merely offers to provide the services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further. The Proposal shall include an offer to provide Services in a single category, or in multiple categories, or in all categories. Proposer shall specifically designate the Category or Categories that Proposer intends to provide and whether Proposer is offering to provide Services statewide or in a specific geographical region. If Proposer is only offering to provide Services in a specific geographical region, Proposer must describe that region.

Proposal should not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposals containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.2.1 Technical Proposal

3.2.1.1 Qualifications

Proposer shall describe in detail, the Proposer’s qualifications to provide the proposed Services from the Categories of Work listed in the table in Section 2.4 (Scope of Work) and proposed by Proposer. Proposer shall include company history, any professional certifications as applicable to the proposed Category or Categories, and other information Proposer feels is warranted.

3.2.1.2 Performance History

Proposer shall provide a summary of similar projects in each of the proposed Category or Categories that Proposer has completed in the last 3 years including:

• General overview of work completed, including the location of work and total amount of the contract;

• If hazardous waste was removed, and if certifications were required;

• Whether subcontractors were used;

• Whether the timeline and budget were met; and

• Proposer’s response to changes in the project, if applicable.

3.2.1.3 Capability and Resource Capacity

Proposer must establish capability and resource capacity to provide all Services related to a proposed Category as requested in this RFP. Proposer shall describe the capabilities, and resources that Proposer intends to use to complete the work including:

• Key personnel and resumes;

• Use of subcontractors;

• Equipment resources;

• Service area (statewide or specific geographical region); and

• Ability to do emergency work if needed; including afterhours work and emergency response time.

3.2.1.4 Management Plan

Proposer must provide a comprehensive management plan that addresses the following:

• How will Proposer carry out the major activities required in the Category of work?

• Will subcontractors be used? Describe Proposer’s method for choosing subcontractors that will be involved in the Work. How does the Proposer ensure the subcontractor is insured, licensed, and able to perform the work.

3.2.1.5 Price Proposal

Proposer shall complete and submit Price Proposal (Attachment D). Proposer shall insert rates as requested or mark the subject line “N/A” in order to be considered Responsive.

Proposer must identify and include all elements of recurring and non-recurring costs in its Price Proposal, including administrative fees, maintenance, manuals, documentation, , labor, travel, training, consultation services, supplies needed, set-up, testing and initial instruction to agency personnel, or the processing fees and surcharge fees associated with the use of credit cards.

3.2.2 Disclosure Exemption Affidavit

Proposer shall complete and submit the Disclosure Exemption Affidavit form (Attachment B).

3.2.3 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C). The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.2.4 COBID Certification / Outreach Plan

Proposer shall complete and submit the COBID Certification/Outreach Plan (Attachment E).

3.2.5 Responsibility Inquiry

Proposer shall complete and submit the Responsibility Inquiry Form (Attachment F).

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.

https://oregonbuys.gov/

4.2 PRE-PROPOSAL CONFERENCE

A voluntary Pre-Proposal conference will be held at the date and time listed in the Schedule.

Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the requested Services.

• Explain the RFP process.

• Answer any questions Proposers may have related to the Services or the process.

Statements made at the Pre-Proposal conference are not binding. Proposers may be asked to submit questions in Writing.

Prospective Proposers may attend the Pre-Proposal Conference by attending the Microsoft Teams meeting or calling in per the link and telephone number below:

Join on your computer, mobile app or room device.

Click here to join the meeting Meeting ID: 214 138 340 390 Passcode: BJUrNB

Or call in (audio only)

+1 503-446-4951 Phone Conference ID: 710 171 265#

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission using the “Q & A” Option.

• Reference the OregonBuys bid number.

• Identify Proposer’s name and contact information.

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Master Services Agreement. Protests must be submitted by 5:00 pm Pacific Time on date listed in Section 1.2 (Schedule). Late protests will not be considered. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except as provided below for Amendments.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDgxNzFmYjgtMGI4Ni00YTEwLTgwZGYtYWFlYmU4NGRjZmY0%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2249f2a2d7-4891-46e7-bea0-351fe99c60cf%22%7d

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment unless another date and time is set forth in the Amendment. Late protests will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email.

• Reference the OregonBuys bid number.

• Identify prospective Proposer’s name and contact information.

• Be sent by an authorized representative.

• State the reason for the protest, including:

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

and o evidence or documentation that supports the grounds on which the protest is based.

• State the proposed changes to the RFP provisions or other relief sought.

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. DAS-PS is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

A Proposal submitted by any means not authorized below will be rejected. Only the following delivery option is permitted for this RFP:

Proposal submission must be electronically delivered through OregonBuys at:

OregonBuys.gov

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in the authorized method 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 OregonBuys prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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

DAS-PS will hold a public Opening on the date and time listed in Section 1.2 (Schedule).

Interested parties may observe the public Opening through a video or audio connection to a Microsoft Teams conference. In advance of the public Opening, interested parties should confirm that they have access to Microsoft Teams available on their computer or mobile phone.

The public Opening will be broadcast by video, or audio connection as follows:

Join on your computer, mobile app or room device.

Click here to join the meeting Meeting ID: 273 255 135 627 Passcode: vF4uvH

Or call in (audio only) +1 503-446-4951 Phone Conference ID: 265 431 033#

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 125-247-0630.

4.9 PROPOSAL REJECTION

DAS-PS may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any agency, board, commission, department, or division of the State.

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

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on DAS-PS’ acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzliOTZlZTYtZTg1OC00ZDRkLWFlN2EtYjg5ZjZkM2Q0MTY3%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2249f2a2d7-4891-46e7-bea0-351fe99c60cf%22%7d tel:+15034464951,,265431033#%20

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Proposal Submission Qualifications) and Section 3.2 (Proposal Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, DAS-PS may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

DAS-PS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Master Services Agreement. Proposer shall submit a signed Responsibility Inquiry form (Attachment E) with Proposal.

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

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

4.10.1.3 Price Proposal

Proposer shall submit a completed Price Proposal (Attachment D) with Proposal. The Price Proposal must be complete with pricing or a note of not applicable (N/A) in all fields. DAS-PS will review the Price Proposal Form on a PASS/FAIL basis.

DAS-PS may FAIL a Price Proposal if all price fields are not completed.

4.10.2 Evaluation Criteria

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

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

4.10.2.1 Qualifications

• Do the Proposer’s qualifications meet the requirements for the Category(s) proposed?

4.10.2.2 Performance History

• Does the Proposer’s performance history demonstrate experience of similar work the Category(s) proposed?

4.10.2.3 Capability and Resource Capacity

• How well does the Proposer demonstrate experience, capabilities, staffing and equipment resources to provide the Service in each of the Categories proposed on?

4.10.2.4 Management Plan

• How well does the Proposer demonstrate a management plan to carry out the major activities required in the Category of work?

4.10.3 PREFERENCES

4.10.3.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, DAS-PS shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.3.2 Tiebreakers

If DAS-PS receives Proposals identical in price, fitness, availability, and quality and chooses to award a Master Services Agreement, DAS-PS shall award the Master Services Agreement in accordance with the procedures outlined in OAR 125-246-0300.

4.11 POINT AND SCORE CALCULATIONS

Evaluators will assign a score for each evaluation criterion listed in Section 4.10.2. Scores are the values (0 through 10) assigned by each evaluator using the scoring chart below.

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 –4 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

0 RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

https://www.naspo.org/reciprocity1

Points are the total possible for each section as listed in the table below. Each Category will be scored separately.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc.

EXAMPLE:

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

4.12 RANKING OF PROPOSERS

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

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

DAS-PS may determine apparent successful Proposers with no additional rounds of competition. If additional rounds are conducted, DAS-PS will rank advancing Proposers at the conclusion of each subsequent round and may determine apparent successful Proposers at any time during the solicitation process.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS-PS, if it awards a Master Services Agreement, will award a Master Services Agreement to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. DAS-PS may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

DAS-PS will notify all Proposers in Writing that DAS-PS intends to award a Master Services

TOTAL POINTS POSSIBLE: 1,000

4.10.2.1 Qualifications 100

4.10.2.2 Performance History 350

4.10.2.3 Capability and Resource Capacity 350

4.10.2.4 Management Plan 200

Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for the Master Services Agreement 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.

• DAS-PS has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• DAS-PS abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• DAS-PS’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If DAS-PS receives only one Proposal, DAS-PS may move forward without the evaluation process and Intent to Award protest period and proceed with Master Services Agreement Negotiations and award.

5.2.2 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.3 Response to Protest

DAS-PS 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 DAS-PS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Master Services Agreement award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS-PS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of

Attachment A.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by DAS-PS or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Master Services Agreement. 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 potential value of Work Order Contracts under the Master Services Agreement exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to DAS-PS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Work Order Contract.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Master Services Agreement under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, that, in accordance with ORS 279A.112, Proposer has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 MASTER SERVICES AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer(s), DAS-PS may enter into Master Services Agreement negotiations with the successful Proposer(s). By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Master Services Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Master Services Agreement and note exceptions.

Proposer must submit those exceptions to DAS-PS during the Questions / Requests for http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

Clarification period set forth in Section 1.2. If DAS-PS agrees to make any requested changes to the Sample Master Services Agreement, DAS-PS will issue an Amendment to notify Proposers of such changes. Unless DAS-PS issues an Amendment modifying any of the terms and conditions, DAS-PS intends to enter into a Master Services Agreement with the successful Proposer substantially in the form set forth in Sample Master Services Agreement (Attachment A).

Following the selection of the apparent successful Proposer, DAS-PS may agree to negotiate changes to the negotiable provisions of the Sample Master Services Agreement listed below.

However, DAS-PS is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

DAS-PS is willing to negotiate ONLY the Statement of Work and the following terms and conditions:

• Description of the Services

• Geographical region location for removal or Services

• Pricing

• Payment Terms including invoicing.

• Methods of Payment

• Indemnity

• Limitation of Liability

• Insurance

In the event that the parties have not reached mutually agreeable terms within 30 calendar days of the Notice of Intent to Award, DAS-PS may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer(s).

5.4.2 Contractor Selection Methodology

In the event DAS-PS awards multiple Master Services Agreements, Authorized Purchaser(s) will use the following methodology in selecting a Contractor:

• Issue a request for quote describing the Project and needs to all awarded Contractors for the particular Service and Project;

• Compare each Offer between all awarded Contractors; and

• Select the Contractor with the most favorable Offer and issue a Work Order Contract to the Contractor with the most favorable Offer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS-PS 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.

DAS-PS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

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

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after DAS-PS issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of DAS-PS. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Master Services Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS

192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by DAS-PS.

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, DAS-PS may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Authorized Purchaser, as determined by DAS-PS. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Master Services Agreement award, or a Work Order Contract, or the rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz materials, costs to participate in demonstrations, and costs associated with protests.

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Master Services Agreement. (ORS 279B.025) https://www.oregon.gov/das