RFP_Chetco Fuels Reduction Rogue River-Siskiyou GNA.pdf

RFP S-62900-00016394 – Chetco Fuels Reduction Rogue River-Siskiyou GNA

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FORESTRY

CHETCO FUELS REDUCTION ROGUE RIVER-SISKIYOU GNA

Request for Proposal (RFP)

S-62900-00016394

Date of Issue: March 20, 2026

Closing Date and Time: April 20, 2026 2:00 PM PST

Single Point of Contact (SPC): Katrina Chinn, Contract Specialist

Address: 2600 State Street, Bldg. E

City, State, Zip Salem, OR 97310

Phone (voice) 971-345-7823

E-mail: Katrina.chinn@odf.oregon.gov

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

mailto:Katrina.chinn@odf.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/SPECIFICATIONS

2.5 MINIMUM QUALIFICATIONS

2.6 MINIMUM SUBMISSION REQUIREMENTS

2.7 PROPOSAL REQUIREMENTS

SECTION 3: SOLICITATION PROCESS

3.1 PUBLIC NOTICE

3.2 OREGONBUYS

3.3 PRE-PROPOSAL CONFERENCE

3.4 QUESTIONS / REQUESTS FOR CLARIFICATIONS

3.5 SOLICITATION PROTESTS

3.6 PROPOSAL DELIVERY OPTIONS

3.7 PROPOSAL MODIFICATION OR WITHDRAWAL

3.8 PROPOSAL DUE

3.9 PUBLIC OPENING

3.10 PROPOSAL REJECTION

3.11 EVALUATION PROCESS

3.12 POINT AND SCORE CALCULATIONS

3.13 RANKING OF PROPOSERS

3.14 NEXT STEP DETERMINATION

3.15 ADDITIONAL ROUNDS

3.16 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 INTENT TO AWARD PROTEST

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.4 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

5.5 COST OF SUBMITTING A PROPOSAL

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

5.8 PRINTING, BINDING, AND STATIONERY WORK

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION DECLARATION

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION/OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H QUESTIONS FOR PROPOSER

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Forestry (“Agency” “ODF”), is issuing this Request for Proposal for tree and brush cutting with slash treatment prescribed as either piling or lop and scatter. Areas to be treated are along forest road systems affected by the 2017 Chetco Bar wildfire.

Additional details on the Scope of the Goods or Services or both are included in the Scope of Work/Specifications section.

Agency anticipates the award of one Contract from this RFP. The term of the Contract is anticipated to expire December 30, 2026 .

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

Questions / Requests for Clarification Due April 1, 2026 4:00 PM

Answers to Questions / Requests for Clarification Issued (approx.)

April 10, 2026

RFP Protest Period Ends

7 calendar days prior to RFP Closing

Closing (Proposal Due) See RFP cover page

Opening of Proposal April 20, 2026 2:00 PM

Issuance of Notice of Intent to Award (approx.) April 27, 2026

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

Agency is issuing this RFP pursuant to its authority under ORS 279A.050, OAR 125-246-0170(2) and the Department of Administrative Services (DAS) Delegation Agreement REQ-DASOBO- 00065874 (as amended).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. 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

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

“Agency” means the Oregon Department of Forestry (ODF).

“Key Person” “Key Persons” means all staff that will be available for this project including, but not limited to, the foremen.

“OregonBuys” means the State of Oregon’s automated procurement system.

“Schedule of Events” means the specific time and dates events relating to this RFP will occur.

“Services” means all work, including any incidental goods, required under the Contract resulting from this Solicitation Document.

“Supporting Persons’” means staff assisting the Key Person(s) with this project including, but not limited to, tree fallers, chainsaw operators, crew members, and invoicing/administrative support.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

ODF was established in 1911. ODF’s mission is to serve the people of Oregon by protecting, managing, and promoting stewardship of Oregon’s forests to enhance environmental, economic, and community sustainability.

2.3.2 Project Overview and Background

The Chetco Bar wildfire in 2017 burned 191,125 acres, damaging lands in Curry County, Oregon. The United States Forest Service (USFS) is a major land manager affected by the fire. Major forest road systems were treated through a series of hazard reducing contracts to remove fire killed trees within reach of the road. Native and invasive tree and brush species quickly colonized open ground which has created additional future fire risk.

2.3.3 Purpose

The purpose of this Work is to reduce fuels and mitigate hazards through utilizing Good Neighbor Authority that allows the Oregon Department of Forestry (ODF) to conduct Work on National Forestland in agreement with the USFS. Approximately $425,000 have been provided to ODF by the USFS for this Work. This prescribed Work will result in approximately 11 miles of road being brushed and up to 532 acres of priority road system adjacent lands being treated to reduce fuel loading and promote native trees instead of fire-prone brush species. This treatment will reduce hazards from road users by falling dead trees less than 12” DBH, improve line of sight, and allow treated road systems to be used in the future for fire suppression. Agency estimates that $425,000 is available for this Work and has prioritized Work to be completed until the financial resources have been exhausted.

2.4 SCOPE OF WORK/SPECIFICATIONS

The scope of this RFP includes all qualified personnel, labor, supervision, materials, equipment, tools, supplies, transportation and other essential items necessary for providing Services and completing the Work of selecting, cutting and treating slash in conformance with the specifications of Exhibit A of Attachment A (the Sample Contract Statement of Work). The project will involve the selection of preferred and non-preferred tree and brush species, cutting, and either piling or lopping and scattering the cut trees and brush. This project will also include approximately 11 miles of roadside brushing. The Work will occur on the Southern Oregon Coast, generally northeast from Brookings Oregon, as required by this Contract.

Crew size required to complete the Work will range from 4 to 20 people, depending on the specific project Work area to be completed. Agency estimates that $425,000 is available for this Work and has prioritized Work to be completed until the financial resources have been exhausted. If additional funds are allocated from the USFS to ODF for this Work, additional acres may be treated under this RFP.

2.5 MINIMUM QUALIFICATIONS

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

2.5.1 Key Person(s) Requirements

Proposer shall specify Key Person(s) to be assigned to this project who meets or exceeds the minimum requirements listed below. ODF reserves the right to determine supervisory competence.

An experienced, qualified foreman must have two (2) years of experience doing some combination of Pre Commercial Thinning (PCT), logging or wildland firefighting work and one (1) year experience supervising crews doing forestry type work. The foreman must be able to communicate fluently in English and in any language that crewmembers use to communicate.

2.5.2 Supporting Persons Requirements

Proposer shall specify Supporting Persons to be assigned to this project who meet or exceed the minimum requirements listed below. ODF reserves the right to determine competence.

Proposer must provide a work crew consisting of 4-20 people with at least two

(2) chainsaw operators that meet all Industrial Fire Precaution Level (IFPL) fire standards (including all necessary personal protective equipment). The foreman may be one of these operators. Chainsaw operators must be able to fall trees up to 12 inches diameter at breast height (DBH).

All members of the work crew must be able to identify tree and brush species to determine which species must be retained and which must be severed.

2.6 MINIMUM SUBMISSION REQUIREMENTS

2.6.1 Proposal Submissions

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

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Questions for Proposer (Attachment H)

2.6.2 Other Submissions

If applicable, Proposer shall complete and submit the Disclosure Exemption Form (Attachment B).

2.6.3 Proposal Page Limits

Reserved.

2.6.4 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Price information must be submitted as a separate electronic file.

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). The total combined file size of all documents should be compressed so it does not exceed 64 megabytes. In addition, 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 along with Attachment B (Disclosure Exemption Declaration).

2.6.5 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

2.7 PROPOSAL 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 may be considered non-Responsive to this RFP and will not be considered further.

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. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

2.7.1 Proposer Information and Certification Sheet

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

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

2.7.2 References

Proposer shall complete and submit the Reference Check Form (Attachment D) providing three references from current or former client firms for similar projects performed for any clients within the last five years. References must be able to verify the quality of previous, related Work.

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, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

2.7.3 Price Proposal

Proposer shall submit a detailed Price Proposal Form (Attachment E) in a separate electronic file, stating the cost per unit for each item listed and the total cost for the entire project. Proposer must include personnel, travel, supplies, other costs, and administrative and overhead charges.

Proposer must submit the per unit rates within the Price Proposal Form to receive award consideration. Proposer shall provide all pricing in US funds. Offer prices shall be firm for a period of 90 days from the deadline for Offer submission. If awarded a Contract, the prices shall be firm through the Contract term.

2.7.4 COBID Certification/Outreach Plan

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

2.7.5 Responsibility Inquiry

Proposer shall complete and submit Responsibility Inquiry (Attachment G).

2.7.6 Questions for Proposer

Proposer shall complete and submit Questions for Proposer (Attachment H)

SECTION 3: SOLICITATION PROCESS

3.1PUBLIC NOTICE

The RFP and attachments are published in OregonBuys at https://oregonbuys.gov/bso/. RFP documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Addenda published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

3.2OREGONBUYS

3.2.1 OREGONEBUYS Assistance

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1-855-800-5046 or by email at support.oregonbuys@das.oregon.gov.

3.2.2 OREGONBUYS Registration Information

Proposer must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Supplier Registration” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance, see vendor registration guidance:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf.

Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

3.2.3 Failure of Electronic Procurement System

In the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

3.3 PRE-PROPOSAL CONFERENCE

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

3.4 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 email;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

https://oregonbuys.gov/bso/ mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf

• 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.

3.5 SOLICITATION PROTESTS

3.5.1 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 Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

3.5.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by 5 p.m. Pacific Time of the second Business Day or the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

3.5.3 All Protests must:

• Be delivered to the SPC via email;

• Reference the RFP 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;

• Protests to the RFP must be received by the due date and time identified in the Schedule;

and

• Protests to Addenda must be received by the due date identified in the respective Addendum.

3.6 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. Agency 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. The following delivery options are permitted for this RFP:

• Delivery through OregonBuys

• Delivery through email

Proposals may be submitted electronically through OregonBuys or may be emailed to the Single Point of Contact. For instruction on how to submit through OregonBuys, please click here. For Proposals emailed to the Single Point of Contact, please include the Request for Proposal number in the subject line of the email. ODF is not responsible for incomplete Proposals or Proposals that were not correctly addressed to email of Single Point of Contact. Only approved alternative delivery or formats may be accepted.

3.7 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section.

To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

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 prior to closing in accordance with OAR 125-247-0440. To be effective the notice must include the RFP number.

3.8 PROPOSAL DUE

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

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

3.9 PUBLIC OPENING

A public Opening will be held “by appointment only.” Proposers who wish to attend a public opening of the Proposals must notify the Single Point of Contact at least 48 hours prior to RFP closing, to allow time for planning. Proposals received in response to this Solicitation Document will be opened during the scheduled Closing date and time designated in Section 1.2 Procurement Schedule or as changed by Addendum. Public opening may occur via Zoom or Teams video conference if ODF believes it is in the best interests of ODF staff and Proposers to do so. If ODF decides to hold a Zoom or Teams conference for the Proposal opening, Proposers will be sent instructions on how to join the meeting.

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.

3.10 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

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

• 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 department or agency 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 those the SPC authorizes, or inappropriate contact with the SPC.

• Proposer attempts to 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.

3.11 EVALUATION PROCESS

3.11.1 Responsiveness and Responsibility determination

3.11.1.1 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 125-247-0470.

3.11.1.2 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 G) with Proposal.

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

3.11.2 Evaluation Criteria

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

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

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

3.11.2.1 Evaluation Item 1 – References

Proposer shall provide references that can rate Proposer’s performance specific to this RFP’s scope and complexity in these categories:

• Timeliness/Responsiveness/ Effectiveness (up to 5 points)

• Customer satisfaction with services received (up to 5 points)

• Knowledge/Experience (up to 5 points)

• Overall quality of work performed (up to 5 points)

Evaluation Process: One member of the Evaluation Committee will evaluate the references using a scale of 0 to 5 for each question, with 5 being the highest score. Each Proposer may receive a maximum of 20 points from evaluation of the references.

The formula for award of Reference Evaluation Points is:

(TPR#1 + TPR#2 + TPR#3) Divided by 3 = AAS

Where:

TPR#1: Total Points of the Proposer’s first reference evaluation (if received)

TPR#2: Total Points of the Proposer’s second reference evaluation (if received)

TPR#3: Total Points of the Proposer’s third reference evaluation (if received)

AAS: Awarded Average Score

Agency will attempt to contact each reference provided by the Proposer through either:

three attempts by telephone or one attempt by email with a deadline to respond. If these attempts are unsuccessful or reference does not respond by the deadline, the Proposer will receive a score of zero for that reference. These attempts will be made during normal business hours. If the reference provided is for work not specific to tree or brush cutting, prescribed slash treatment or other closely related Services, the Proposer will receive zero points for that reference.

Each reference that is contacted and questioned will be asked questions from the categories above. All three scoring references will be used in the evaluation process formula as stated above. If Agency receives only one reference, the total points scored for the one reference will be divided by 3. If Agency receives no reference responses, then Proposer will receive zero points for the reference portion of the Offer being scored.

3.11.2.2 Evaluation Item 2 – Desirable Elements

The Evaluation Committee shall assign points in its evaluation of the Proposer’s Responses to the Questions for Desirable Elements Items as follows:

Points Possible Point Basis

189 Proposer’s experience in providing requested supplies and Services 18 Proposer’s Approach and Plans to meet the Requirements of the RFP 20 Key and Supporting Persons’ Qualifications (education, degrees, experience, certifications)

Desirable Elements are those which add value to the Proposal. Each Desirable Element is assigned a maximum number of points for evaluation purposes. The number of points possible is indicated next to each element. The Evaluation Committee will award a point value to each Desirable Element response. If a Proposer fails to include a response to a desired element, the Proposer shall receive a score of zero for that item.

3.11.3 PRICE EVALUATION

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

lowest price of all Proposers X price points possible price score price being scored

3.11.4 PREFERENCES

3.11.4.1 Oregon Supplies and Services

Reserved.

3.11.4.2 Reciprocal Preference

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

3.11.4.3 Recycled Materials

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

3.11.4.4 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 125-246-0300.

3.12 POINT AND SCORE CALCULATIONS

EVALUATION CRITERION

3.11.2.1 Evaluation Item 1 – References 20

3.11.2.2 Evaluation Item 2 – Questions for Proposer 56

3.12.3 Price Points Possible 30

TOTAL POINTS POSSIBLE 106

https://www.naspo.org/reciprocity1

Scores are the values assigned by each evaluator.

Points are the total possible for each section as listed in the table above.

The SPC will average all scores for each evaluation criterion. Price points are calculated as stated in the Price Evaluation section. The SPC will combine the average scores for each evaluation criterion and the price points to comprise the total points received.

3.13 RANKING OF PROPOSERS

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

Agency will rank all Proposers at the conclusion of the evaluation and scoring and may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

The SPC will combine the average score for each Proposal with Proposer’s price score and reference score. After any applicable preference has been applied, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

3.14 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

3.14.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

3.14.2 Competitive Range Protest

Reserved.

3.15 ADDITIONAL ROUNDS

Reserved.

3.16 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

Reserved.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope defined in this RFP.

4.1.2 Intent to Award Notice

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.

4.2 INTENT TO AWARD PROTEST

4.2.1 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 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 Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

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

4.2.1.1 Protests must:

• Be delivered to the SPC via email

• Reference the RFP number

• Identify Proposer’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

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

4.2.2 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.

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

4.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP. Insurance Requirements are found in Exhibit B of Attachment A. The awarded Proposer will have no more than 14 business days to submit the required insurance documentation after Notice of Intent to Award. If Proposer fails to secure or demonstrate to Agency proof of insurance within 14 business days, Agency, at its discretion, may terminate the Intent to Award and issue a new Intent to Award to the next highest ranking Proposer.

4.3.2 Taxpayer Identification Number

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

4.3.3 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.

4.3.4 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. 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 Contract.

4.3.5 Nondiscrimination in Employment

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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

4.3.6 Pay Equity Compliance

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

4.3.7 Other Required Information

4.4 CONTRACT NEGOTIATION

4.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

It may be possible to negotiate some provisions of the final Contract; however, Agency 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. Therefore, Agency will consider the

Scope of requested exceptions in the evaluation of Proposal.

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

Agency is willing to negotiate ONLY the Statement of Work.

In the event that the parties have not reached mutually agreeable terms within 14 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

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

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

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

5.2 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 consent to the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

All Proposals submitted in response to this RFP become the Property of Agency. 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 Contract, 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 https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

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

Pursuant to ORS 279B.100, Agency 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 Agency, as determined by Agency. Neither the State nor Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

5.5 COST OF SUBMITTING A PROPOSAL

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

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, 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.

5.7 RECYCLABLE PRODUCTS

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

(ORS 279B.025)

5.8 PRINTING, BINDING, AND STATIONERY WORK

Except as provided in ORS 282.210(2), all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the State or any county, city, town, port district, school district, or other political subdivision, must be performed within the State.

https://www.oregon.gov/das