RFP Elliott State Research Forest Road Maintenance.pdf

RFP S-14100-00012439 Elliott State Forest Road Maintenance and Services Page 1 of 21

STATE OF OREGON

COVER PAGE

Oregon Department of State Lands

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-14100-00012439 for

ELLIOTT STATE FOREST ROAD MAINTENANCE AND

SERVICES

Date of Issue: March 21, 2025

Opening Date and Time: April 15, 2025

Single Point of Contact (SPC): Michelle Johnson, Procurement Officer

Address: 775 NE Summer St. Suite 100 City, State, Zip Salem, OR 97301 Phone (voice) 503-798-7975 E-mail: michelle.j.johnson@dsl.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:michelle.j.johnson@dsl.oregon.gov

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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 Reserved……………………………………………………………………………………………………………………………………...Er ror! Bookmark not defined.

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (OPTIONAL)

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 [ROUND 1] PROPOSAL REQUIREMENTS

SECTION 4: [ROUND 1] 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

4.9 PROPOSAL REJECTION

4.10 [ROUND 1] EVALUATION PROCESS

4.12 [ROUND 1] RANKING OF PROPOSERS

4.13 ADDITIONAL ROUNDS .........................................................................................................Error! Bookmark not defined.

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS .....Error! Bookmark not defined.

SECTION 5: AWARD AND

NEGOTIATION ................................................................................................................................................... Er ror! Bookmark not defined.

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of State Lands (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Forest Road Services in the Elliott State Research Forest.

The purpose of this solicitation is to secure Forest Roads Services for the Elliott State Research Forest. The Forest Road Services include forest road system maintenance, road inspection, and refuse and debris removal and disposal, in the 83,000-acre Elliott State Research Forest in Coos and Douglas counties in Southwestern Oregon. (the “Property”) The primary focus work of this contract is road maintenance on the Property.

Additional details on the Scope of services are included in the Scope of Work/Specifications section.

Agency anticipates the award of one contract from this RFP.

The initial term of the Contract is anticipated to be 5 years with options to renew up to a cumulative maximum of 8 years.

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 March 27, 2025 10:00 am

Questions / Requests for Clarification Due March 31, 2025 10:00 am

Answers to Questions / Requests for Clarification Issued (approx.) April 2, 2025

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) May 8, 2025

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 the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP under the authority of the Department of Administrative Services (DAS) delegationREQ-DASOBO-000811605 (as amended), Contract Forest Management Services.

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 RESERVED

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Oregon’s Department of State Lands (DSL) is the administrative arm of the State Land Board.

The State Land Board was established by Oregon’s Constitution in 1859 and is Oregon’s longest serving board, composed of the Governor (chair), Secretary of State and State Treasurer.

DSL’s mission is to ensure Oregon's school land legacy and protect wetlands and waterways of the State through superior stewardship and service.

On behalf of the Land Board, DSL’s work includes:

o Managing school lands and other resources that contribute revenue to the Common School Fund, as well as Oregon's public waterways o Protection of wetlands and waters o Managing the South Slough National Estuarine Research Reserve (SSNERR) o Managing the Elliott State Research Forest o Managing state-owned navigable waterways

2.3.2 Project Overview and Background

The purpose of this Contract is to secure Forest Roads Services for the Elliott State Research Forest. The forest road services include forest road system maintenance, road inspection, and refuse and debris removal and disposal, in the 83,000-acre Elliott State Research Forest in Coos and Douglas counties in Southwestern Oregon. Secondary work as requested by the Agency may include but not be limited to, Patrol, Noxious Weed Control This work under this contract is critical to the support of forest management and the Agency’s mission related work within the Elliott State Research Forest.

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2.4 SCOPE OF WORK/SPECIFICATIONS

The project will secure Forest Roads Services for the Elliott State Research Forest. The Forest Road Services include forest road system maintenance, road inspection, and garbage or debris removal and disposal, in the 83,000-acre Elliott State Research Forest in Coos and Douglas counties in Southwestern Oregon. (the “Property”)

The primary work of this project is road maintenance on the Property but not limited to these services. There may be additional services needed periodically.

a) Work Area

a. The Property is located within Coos and Douglas Counties. Roads, as used in this contract, includes primary and secondary roads and the right of way areas

b. There are approximatively 200 miles of primary roads located in Townships 22, 23, and 24 South, Ranges 10, 11 and 12 West Willamette Meridian (WM), and 120 miles of secondary roads located in Townships 22, 23, and 24 South, Ranges 10, 11, and 12 West WM, Coos and Douglas counties, and more particularly described as being extensions, spurs or tie roads off the primary road systems. See Figures 1 and 2.

b) Work to be Performed

a. All work will be performed within the Property.

b. Task 1: Road Maintenance

i. Contractor shall perform road maintenance as needed and at Agency direction.

ii. This maintenance includes blading, ditching, and brushing, repairs, clearing of debris and rocking , when needed or as directed by Agency.

iii. Roads are to be kept clear and navigable.

Task 2: Inspections, Task List, Reporting

Figure 1

Figure 2

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2.a. Contractor will perform all inspections from the beginning to end of roads at least once per quarter. While performing this inspection, Contractor shall identify defects or problems that would jeopardize adherence to the public safety standards or prohibit fire prevention activities and report observations to Agency.

Inspections are incidental to the maintenance and include checking firewood and related permits or permissions, when appropriate. (ORS 273.241)

Contractor will need to observe and report details of wood theft to Agency and Law Enforcement.

2.b. Contractor will create a task list for the road maintenance and repairs. This list will be included in the Maintaining Road System Monthly Report to be submitted by Contractor to the Agency. The task list will be documented in the same format as Attachment H and used for the tracking and reporting of tasks.

Task list include: See attachment H Work month Project Number – a sequential number for tracking purposes for each defect to be corrected.

Road Number – use the numbers as speci�ied in Figure 1 where maintenance is required, or a defect is to be repaired.

Description of work to be performed Equipment time estimate – select appropriate equipment based upon the description of work.

• Other – enter other equipment as needed.

• Estimated Costs.

• Actual Costs - Contractor to update this �ield according to invoices (may occur in the following month.)

• Due Date – enter approximate date for work to be performed Contractor will establish an appropriate window of opportunity to complete work.

2.c. Complete Maintaining Road System Monthly Report, attachment H o The Agency will initial and date any approved work in the “Authorized to proceed” initials column and return report to Contractor.

o Contractor will execute approved work plans after receiving authorization to proceed from Agency.

o Contractor will check the Completed check box when completed and return.

o Maintaining Road System Monthly Report shall include all details required in Section 4. Reporting.

Task 3: Patrol and weed control Contractor shall perform other services, as requested by Agency that may include but not be limited to; Patrol and Noxious Weed Control.

Weed control may include chemical use or physical removal.

1. Equipment

Contractor shall use most common equipment and processes on maintenance projects on the Property.

The equipment listed below is necessary to perform Task 1 actions but is not intended to limit Contractor from using additional equipment:

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Grader Backhoe Dump Truck Excavator D6 Dozer Articulated Dump Truck Water Truck Vibratory Roller Mechanical Brusher

Contractor shall comply with ORS 477.625 and hold a current Power-Driven Machinery Permit (PDM) that designates the Road Maintenance work to be performed on and within the Property boundaries as required by Agency.

Equipment shall be maintained and in safe and good working order.

2. REPORTING:

Contractor shall notify Agency immediately if there are any major concerns or urgency that pose an immediate threat to public safety or the environment

A. Contractor shall submit a Maintaining Road System Monthly Report to Agency each month.

Report shall be submitted electronically, on or before the 5th day of each month.

1) Report shall be narrative in style, be brief, concise with veri�ication of the work Contractor did the month prior. Report pages shall be numbered; page ___ of ___.

2) Photograph documentation demonstrating what Contractor observed and the work they performed must be included.

3) Report shall include the work Contractor completed, started or proposed and road number tables and conditions.

4) Following detail must be included in the reports:

a) Road maintenance and inspection operations conducted or commenced in the preceding month and their states of progress or completion. Including the type, date, and location of each maintenance operation conducted or completed; any contracts or subcontracts established to support the operation and their amounts; and the costs of the road maintenance services incurred in the previous month.

b) Planned or proposed road maintenance projects or operations to be conducted or commenced in the current or subsequent months and Contractor’s projected schedules and costs.

c) Any signi�icant or concerning instances of damage, deterioration, or states of de�iciency detected by Contractor in the preceding month, and recommended responses to those instances. Contractor must clearly identify those instances or developments that pose an immediate threat to public safety or the environment or which, if not addressed, will over time result in risk to safety or of damage to the Road system. See section 4. A. above for urgent issues. Contractor shall document speci�ic locations (see Attachment A). Contractor shall note in Attachment A whether the defect impacts Oregon Forest Practices Act rules.

d) Observations of weeds, damage or repairs needed, wood theft, permit checks and outcomes and any problems or concerns observed during the reporting period.

e) Upon receipt of completed Maintaining Road System Monthly Report from the Contractor, the Agency shall initial and date any approved work in the “Authorized to proceed” initials column.

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f) Contractor shall execute approved work plans only after receiving authorization to proceed from Agency.

g) Contractor will check the Completed check box when completed.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

3.1.1 Oregon Power-Driven Machinery Permit (PDM)

3.1.2 Demonstrate a Minimum 5 years of Coastal Forest Road System Maintenance

3.1.3 Key Person Requirements

Specific key person to be assigned to this Project and include a current resume (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience for the Work described.

3.1.4 Reserved

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Administrative Proposal

• Technical Proposal

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Key Persons and Resumes

3.2.2 Proposal Page Limits

Proposal is limited to 25 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

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• Responsibility Inquiry (Attachment G)

3.2.3 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.

Proposer should submit its Proposal by email to the SPC listed on the cover page.

The Price Proposal must be submitted as a separate Document.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

Proposer may submit its Proposal by Email to the SPC specified on the cover page of the

RFP.

3.2.4 Authorized Representative

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

3.3 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 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.

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 required information is difficult to locate.

3.3.1 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.

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3.3.2 References

Provide 2 references from previous or current projects with similar work performed within the last 5 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.

3.3.3 Price Proposal

Submit a detailed Price Proposal (Attachment E).

• For each activity described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs.

• The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

• Any other work requested by the agency

3.3.4 Key Persons and their Resumes

Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

3.3.5 Reserved

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is Mandatory via TEAMS.

https://oregonbuys.gov/

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Microsoft Teams

Join the meeting now Meeting ID: 268 559 883 032 Passcode: wQ9Sy7Gz

Dial in by phone +1 503-446-4951,,990341319# United States, Portland Find a local number Phone conference ID: 990 341 319#

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project;

• Explain the RFP process; and

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

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

Interested parties may participate in the Pre-Proposal Conference by:

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 email.

• 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); and

• 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 Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

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 or the date/time https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDNiOTI2NzktYjgwZS00ZmE4LWEzZDUtN2IxNDdlNDFmMzY2%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2264911511-1072-4285-836b-1b34f5e052d2%22%7d tel:+15034464951,,990341319 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=990341319

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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; and

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

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

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays 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 by email to the SPC: michelle.j.johnson@dsl.oregon.gov

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

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

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, , prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

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

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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 PROPOSAL REJECTION

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

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

• 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 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 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 Amendment(s).

4.9 EVALUATION PROCESS

4.9.1 Responsiveness and Responsibility Determination

4.9.1.1 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 (Minimum Qualifications) and Section 3.2 (Minimum Submission 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, Agency may waive mistakes in accordance with

OAR 125-247-0470.

4.9.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) within 5 Business Days of receipt of Intent to Award notice.

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

4.9.2 Evaluation Criteria

Criteria Points Demonstrate Road maintenance experience with examples of road maintenance and repair work in forests

Provide your access to all necessary equipment and resources to do the work 20

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Demonstrate knowledge and experience with the Elliott State Research Forest or Coastal Forests in Oregon

Provide equipment operators Oregon licenses

Provide employees experience in interacting with public and any training in de-escalation techniques

Provide knowledge in pesticide/herbicide application

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of the 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 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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.

4.9.3 PRICE EVALUATION

• Proposer with the lowest Price Proposal will receive 15 points.

• Proposer with the second lowest Price Proposal will receive 10 points.

• Proposer with the third lowest Price Proposal will receive 5 points.

• All other Proposers will receive 0 points.

4.9.4 PREFERENCES

4.9.4.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency 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.

4.9.4.2 Recycled Materials

Agency will give preference to 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.

4.9.4.3 Tiebreakers

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 https://www.naspo.org/reciprocity1

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4.10 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). 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, 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.

Agency 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.

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

4.10.1 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.

4.10.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

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• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all 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.

4.11 AWARD NOTIFICATION PROCESS

4.11.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

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

4.11.2 Intent to Award Notice

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

4.12 INTENT TO AWARD PROTEST

4.12.1 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.

4.12.1.1 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

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

4.12.2 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.

4.13 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:

4.13.1 Insurance

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

4.13.2 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.

4.13.3 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.

4.13.4 Responsibility Inquiry

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

4.13.5 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.

4.13.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

RFP S-14100-00012439 Elliott State Forest Road Maintenance and Services Page 19 of 21 its 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 that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

4.13.7 Other Required Information

4.14 CONTRACT NEGOTIATION

4.14.1 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. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying 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).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. 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.

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 and the following terms and conditions:

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

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5.2 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.

5.3 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.

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency 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 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 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 Agency.

5.5 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 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 Contract award, or the rejection of any Proposal.

5.6 COST OF SUBMITTING A PROPOSAL

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

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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 materials, costs to participate in demonstrations, and costs associated with protests.