RFP ARPA Phase 3.doc

RFP S-25000-00005474 – Willamette river boat salvage/disposal project

State of Oregon

Cover Page Oregon State Marine Board Willamette River boat salvage/disposal project Intermediate Request for Proposal (RFP) S-25000-00005474 Date of Issue: January 18, 2023 Deadline (Bid Opening Date): February 8, 2023 Contact

Dorothy Diehl Address:

435 Commercial St. NE City, State, Zip Salem, OR 97301 Phone :

503-856-2914 E-mail:

dorothy.diehl@boat.oregon.gov

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCOPE OF SERVICES

4SECTION 2:

PROCUREMENT REQUIREMENTS AND EVALUATION

42.1

PROCUREMENT PROCESS

62.2

OFFER CONTENT REQUIREMENTS

72.3

REVIEW PROCESS

8SECTION 3:

AWARD AND NEGOTIATION

83.1

AWARD NOTIFICATION PROCESS

83.2

SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

93.3

CONTRACT NEGOTIATION

9SECTION 4:

ADDITIONAL INFORMATION

94.1

CERTIFIED FIRM PARTICIPATION

94.2

GOVERNING LAWS AND REGULATIONS

94.3

OWNERSHIP/PERMISSION TO USE MATERIALS

104.4

CANCELLATION OF RFP; REJECTION OF OFFERS; NO DAMAGES.

104.5

COST OF SUBMITTING A PROPOSAL

104.6

RECYCLABLE PRODUCTS

10SECTION 5:

LIST OF ATTACHMENTS

10ATTACHMENT A

SAMPLE CONTRACT

10ATTACHMENT B

LOCATION AND VESSEL DESCRIPTIONS

10ATTACHMENT C

FILLABLE BIDDING WORKSHEET

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Oregon State Marine Board, as a steward of federal American Rescue Plan Act (ARPA) State Fiscal Recovery Fund funding, is soliciting bids for the salvage, towing, storage, and disposal of discarded and sunk boats and their associated contents, trash, and rubble located in the Willamette River in Portland, OR.

The State of Oregon, acting by and through the Oregon State Marine Board, (“Agency”), is issuing this Request for Proposal for the removal and disposal of the selected vessels described in the SCOPE OF SERVICES and ATTACHMENT B LOCATION AND VESSEL DESCRIPTIONS.

Agency anticipates the award of one Contract from this solicitation.

1.2 SCOPE OF SERVICES

The vessels are currently located in the Willamette River in Portland, Oregon. Under the authority described in ORS 830.908-948, the Agency identified the vessels for seizure by reason of the vessels meeting the statutory definition of derelict and/or abandoned. The vessels and their associated contents, trash, and rubble, whether present in the attached photographs or not, shall be considered one and the same at the time of removal and disposal.

A photograph of each vessel and associated location and notable details are provided (See ATTACHMENT B). It is not known how much, if any, oils, fuels, sewage or other pollutants may be on board. All length estimates are unverified and are based upon available title information or visual approximations made in the field and should not be considered accurate measurements.

The agency has begun the seizure process on vessels for which ownership information could be obtained. For these vessels, an approximate anticipated “ok to destroy” date has been provided. The Agency is not requesting storage services for these vessels, and it is up to the Contractor to schedule removal accordingly, as the Agency will not pay any storage costs that arise from the Contractor removing the vessel prior to the date it can be lawfully destroyed.

There are four vessels for which no identifying information could be obtained by staff in the field due to the vessels being sunk; the Agency is requesting 31 days of storage for these vessels following removal and reporting of identifying numbers to staff for purposes of owner notification and due process. Please refer to ATTACHMENT B for details.

Work shall be completed in the manner specified in the Offeror’s approved Proposal. The Offeror will provide photographs of each vessel in every phase of the contract to the AGENCY.

Offeror will provide all labor, equipment, safety equipment, training and transportation necessary to complete the work specified. Any suspension of work for more than 48 hours must be approved in writing by AGENCY.

Vessels in the water shall be removed from the water in a manner that reduces or minimizes impacts to the environment and recreational and commercial boating. Offeror will contain and remove all debris and materials associated with the vessels. It is the Offeror’s responsibility to comply with all state, federal and local laws, rules, guidelines and policies for removal of vessels that may contain pollutants or hazardous materials that can impact the environment. Offeror may keep, salvage or sell any parts from the vessels; however, the value of any parts kept or the proceeds from any parts sold must be itemized and will be subtracted from the amount paid by AGENCY to the Offeror. The removal, demolition, and disposal are to be completed by March 31, 2023 unless extended by AGENCY in writing. Offeror will notify Agency of project completion. Agency or the contracted law enforcement agency in the county where the vessels are located may perform a site inspection within 10 calendar days of notification to complete a visual reconnaissance that the vessels have been properly demolished. Agency will use the visual inspection and documentation provided by Offeror to determine that the requirements of the Contract have been completed and that final payment can be made.

Offeror’s failure to deliver the deliverables in accordance with the requirements of the Contract is a material breach of the Contract.

SECTION 2: PROCUREMENT REQUIREMENTS AND EVALUATION

2.1 PROCUREMENT PROCESS

Public Notice The solicitation, including all Addenda and attachments, is published in the State of Oregon’s web-based eProcurement system OregonBuys.

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

Questions / Requests for Clarification All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must be emailed to Dorothy.Diehl@boat.oregon.gov.

Offer Submission

Offer Format

A fillable bidding worksheet is provided as ATTACHMENT C: FILLABLE BIDDING WORKSHEET. Offeror shall complete the worksheet and submit as follows.

Offeror shall submit Offer via email only, to the dedicated mailbox listed below. Fax submissions or hard copies will not be accepted. Agency will accept only electronic Proposals compatible with MS Office applications and .pdf files. Do not submit .zip, .exe. or .com files. The Proposal e-mail subject or reference line must include the RFP Number and Title, as follows:

Proposal to RFP S-25000-00005474 Failure to clearly identify the Proposal as directed in the subject line may cause misrouting of the Proposal and late delivery, resulting in disqualification.

Dedicated mailbox – submit Proposals to (not case sensitive)

Dorothy.Diehl@boat.oregon.gov Offeror is solely responsible for ensuring its Offer is received by the Agency in accordance with the solicitation requirements before Closing. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offer submitted by any means not authorized may be rejected.

Authorized Representative

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

Offer Due Date Offer and all required submittal items must be received at the dedicated mailbox on or before Closing. Offer received after the Closing will not be accepted. All Offer modifications or withdrawals must be completed prior to Closing.

Offers received after Closing are considered LATE and will NOT be accepted for evaluation. Late Offers will be returned to the respective Offeror or destroyed.

Offer Rejection

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

· Offeror fails to substantially comply with all prescribed solicitation procedures and requirements.

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

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

· Offeror attempts to inappropriately influence a member of the review team.

· Offer 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.

2.2 OFFER CONTENT REQUIREMENTS

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

Project Plan Offeror shall thoroughly address the following items by completing the fillable bidding worksheet provided as ATTACHMENT C: FILLABLE BIDDING WORKSHEET.

1) How each vessel, identified by the number assigned in Attachment B: Vessel Descriptions, will be removed from the water, including method of salvage and flotation, tow route, haul-out method, haul-out location, and major equipment. It is the responsibility of the Offeror to coordinate with owner or manager of haul-out location or facility and, if it is publicly owned, provide proof of permission to the Agency upon request.

2) For any vessels requiring storage, where storage will take place;

3) Where watercraft dismantling will occur and how fuel, oil, and any other hazardous waste will be handled;

4) The names and locations of waste facilities to be used for the disposal of all waste products (including oils, fuels, hazardous waste);

5) The names of any companies which may perform work on behalf of the Offeror and an overview of the types of work that may be performed;

6) A proposed timeline.

Costs The Agency anticipates that all vessels will remain in place and be available for removal on the date of commencement. However, understanding the variability of the river environment, it is imperative that the Offeror provide a per-vessel price in addition to a total price for the entire project.

Offeror shall provide a breakdown of costs by:

For each vessel (identified by the number assigned in Attachment B: Vessel Descriptions):

· Removal costs (sum of all activities related to floating, stabilizing, towing, and removing vessel from the water)

· Storage costs, if required

· Disposal costs (including demolition, materials testing/handling, tipping fees, etc. This includes the disposal of any and all associated contents, trash, and rubble within the boats at the time of removal) For all vessels as a group:

· Total cost

Compliance with Specifications, Requirements, and Terms and Conditions

Offeror shall provide a statement accepting all Contract terms and Conditions that are specified in the RFP, including Attachments and Exhibits, as amended by any Addenda.

Public Record/Confidential or Proprietary Information

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

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

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

2.3 REVIEW PROCESS

Offers meeting the requirements outlined in the Offer Submission Requirements Section and the Offer Content Requirements section will be evaluated by a review team. In particular, the review team intends to consider the following when awarding the project for this RFP:

· Proposal contains sufficient information to complete all of the requirements identified in the RFP.

· Proposal demonstrates feasible timeline for project completion.

· Proposal compares favorably with others submitted on cost per level of services.

· Proposal demonstrates awareness of need to minimize environmental impacts

SECTION 3: AWARD AND NEGOTIATION

3.1 AWARD NOTIFICATION PROCESS

Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Offeror based upon the evaluation criteria described in Section 2.3. Agency may award less than the full Scope defined in this solicitation.

3.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Insurance

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

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Section 12 of Attachment A) prior to Offer submission.

Taxpayer Identification Number

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

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

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

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

Business Registry If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

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

3.3 CONTRACT NEGOTIATION

Negotiation

After selection of a successful Offeror, Agency may negotiate the Statement of Services.

In the event that the parties have not reached mutually agreeable terms within 5 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

SECTION 4: ADDITIONAL INFORMATION

4.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COPROPOSAL”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

4.2 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 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court.

4.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this RFP become the Property of Agency. By submitting an Offer in response to this RFP, Offeror grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Offer solely for the purpose of evaluating the Offer, negotiating an Agreement, if awarded to Offeror, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Offers, including supporting materials, will not be returned to Offeror unless the Offer is submitted late.

4.4 CANCELLATION OF RFP; REJECTION OF OFFERS; NO DAMAGES.

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

4.5 COST OF SUBMITTING A PROPOSAL

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

4.6 RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025)

SECTION 5: LIST OF ATTACHMENTS

ATTACHMENT A

SAMPLE CONTRACT

ATTACHMENT B

LOCATION AND VESSEL DESCRIPTIONS

ATTACHMENT C

FILLABLE BIDDING WORKSHEET

COMMENTS \* FirstCap \* MERGEFORMAT