RFP- Elliott State Research Forest – Northern Spotted Owl Survey Page 1 of 20

STATE OF OREGON

COVER PAGE

Department of State Lands

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-14100-00014717

ELLIOTT STATE RESEARCH FOREST NORTHERN SPOTTED

OWL SURVEY

Date of Issue: October 30, 2025

Opening Date and Time: November 20, 2025, 2PM PST

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

Address: 775 Summer St. NE, Suite 100 City, State, Zip Salem, Oregon 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.

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCES FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of State Lands (DSL) (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Services to survey the Elliott State Research Forest for the current population of the Northern Spotted Owl.

DSL is required to meet commitments in the habitat conservation plan (HCP) which mandates annually monitoring the northern spotted owl (NSO, Strix occidentalis caurina) population and management of barred owls (Strix varia) within the permit boundary of the Elliott State Research Forest (ESRF).

Determination of the spotted owl population and locations of occupancy of both of these Strix owl species and any hybrids within the forest is necessary to establish a baseline status of these two species prior to the implementation of barred owl management or forestry and restoration activities during the 80-year permit period.

To this intent, density surveys for NSO will be conducted across the entirety of the ESRF for an initial two years. Thereafter, to meet specified survey obligations outlined in the HCP, at least one third of the habitat on the ESRF and one third of the designated 22 historic NSO sites will be monitored annually. It is anticipated that full density surveys covering the entirety of the ESRF will be conducted again in years 14 and 15 of the implementation of a barred owl management plan to determine status and effectiveness for adaptive management implications.

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

Agency anticipates the award of one Contracts from this RFP.

The initial term of the Contract is anticipated to be 1 year with the option to renew up to a cumulative maximum of 10 years.

1.2 SCHEDULE

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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

Mandatory Pre-Proposal Conference 11/7/2025 10:00AM

Questions / Requests for Clarification Due 11/10/2025 10:00AM

Answers to Questions / Requests for Clarification Issued (approx.) 11/12/2025

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) November 20, 2025

Presentations, Demonstrations, or Interviews TBD

Issuance of Notice of Intent to Award (approx.) 12/30/2025

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 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 and OAR 125-246- 0170(2).

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.

2.2 DEFINITION OF TERMS

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

List of specific definitions, not found in OAR 125-246-0110.

DSL Oregon Department of State Lands ESA Endangered Species Act ESRF Elliott State Research Forest USFWS U.S. Fish and Wildlife Service

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HCP Habitat Conservation Plan

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Oregon Department of State Lands is the State Land Board's administrative agency managing lands to benefit schools, protect waters and wetlands, and oversee the South Slough National Estuarine Research Reserve and the Elliott State Research Forest (ESRF).

The 83,000-acre ESRF is Oregon's first state research forest and is envisioned to become an enduring, publicly owned, world-class research forest that advances and supports all aspects of forestry, including forest health, climate resilience, carbon sequestration, biodiversity, recovery of imperiled species, timber and other forest products, water quality and quantity, recreational opportunities and local economies.

DSL is required to meet commitments in the habitat conservation plan (HCP), which mandates annual monitoring of the northern spotted owl (Strix occidentalis caurina) population and management of barred owls (Strix varia) within the permit boundary of the Elliott State Research Forest (ESRF).

Determination of the spotted owl population and locations of occupancy of both Strix owl species and any hybrids within the forest is necessary to establish a baseline status of these two species prior to the implementation of barred owl management or forestry and restoration activities during the 80-year permit period.

Beneficiaries of this anticipated contract include citizens of Oregon, concerned NGOs, ESRF's staff & regulatory agency representatives from both ODFW & USFWS.

The habitat conservation plan (HCP) for the ESRF requires monitoring of at least a minimum area (1/3rd) of the forest annually for northern spotted owls. In addition to that monitoring effort, barred owl management will be conducted for a minimum of 15 years, after which effectiveness of the program upon the population of northern spotted owls will be assessed. This anticipated contract will perform the density survey of the entirety of the spotted owl habitat within the 83,000-acre ESRF for use as a baseline comparison to what is found after mandated period of the barred owl management program.

Benchmarks that are included with the anticipated contract will be provided by biweekly survey plans & monthly status updates and data submissions with invoices for payment as well as end of season report and submission of all original data. Repetitive purchase could include the second year of density surveys and thereafter surveying of approximately one third of the forest until years 14 and 15, when full density surveys would be resumed for those two years prior to the 15-year report. After which surveys would resume coverage of approximately one third of the ESRF annually the duration of the 80-year permit (HCP).

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The ESRF’s HCP & incidental take permit issued by the U.S. Fish & Wildlife Service requires monitoring of northern spotted owls the duration of the 80-year permit.

The U.S. Fish & Wildlife Service is currently working on finalizing a protocol using passive listening devices called autonomous recording units (ARUs). Once that protocol is released and can be utilized, it will likely become the preferable method for surveying northern spotted owls and the ESRF will embrace that protocol and the technologies to implement ARU surveying and data analysis.

SCOPE OF WORK/SPECIFICATIONS

Surveys are needed to determine the current population of northern spotted owl within the ESRF, which was last surveyed in 2016. After the first two years of density survey covering the entirety of the ESRF, surveys will be reduced to one third of the forest annually as specified in our habitat conservation plan (HCP). If funding allows continue annual monitoring of any additional known or suspected occupied sites and provide annual reports.

Survey areas, stations and surveys are defined in the U.S. Fish and Wildlife Service (USFWS) 2012 protocol. .the work will entail establishing approximately 665 survey stations, of which approximately 65 are daytime stations requiring hiking to access survey points. Each station will be scheduled to receive six (6) survey visits unless occupancy and nesting/reproductive status are determined sooner and further survey efforts are deemed unnecessary. Additionally, there are a minimum of 22 daytime site visits to activity centers for known designated sites, which may be increased up to 53 to include alternative site centers and additional historic sites. Site visits include daytime follow-up visits for known owl activity centers as well as follow-up visits resulting from nighttime detections of previously unknown owls. Therefore, actual daytime visits may vary, depending on the number of nighttime observations, as well as the current occupancy at known owl sites.

Any barred owls encountered during survey efforts will be recorded in the same manner as spotted owl responses, including a response data form and response

The number of survey areas (compartments), stations, survey station visits and daytime site visits are estimates and are subject to revision due to changes in protocol, timber sale planning and field review of designated stands. More accurate survey workloads will be available prior to the survey season; however, the Contractor should be prepared for fluctuations of +/-20% from these estimates. Site visits include daytime visits for known owl activity centers as well as follow-up visits resulting from nighttime observations of previously unknown owls. Therefore, actual daytime site visits may vary, depending on the number of nighttime observations, as well as the current occupancy at known owl sites.

PROJECT DETAILS

Work includes establishing survey stations with location data provided by DSL. Survey stations shall be flagged in the field using ESRF specified colors and reflective tape and plotted on base maps, according to the following specifications:

Survey station location maps will be generated by the Contractor and provided at a scale that clearly shows station locations within ESRF boundary. The ESRF boundary and survey routes may be divided among more than one map. If necessary, base maps

RFP- Elliott State Research Forest – Northern Spotted Owl Survey Page 6 of 20 or GIS data for this portion of the mapping package will be provided by DSL and will include the following data, as a minimum: roads, streams, DSL ownership, public land survey, timber sale units, density areas, and (if available) topographic background. The Contractor will place the survey stations on these maps and label the stations with the station number. If the station is a previously established station, the same station number will be used. For newly established stations, the Contractor must contact the DSL Forest Biologist to obtain new station numbers, to avoid using any previously established number. These maps will be used to document survey coverage.

To be complete, every survey will include all night and any day hike-in visits to each of the individual survey stations, unless a station is dropped or relocated to a different position with the consent of the DSL’s Forest Biologist. Daytime site visits of activity centers and follow-up of nighttime detections will occur concurrently with the corresponding site or survey route. Determination of nesting status and band identification of previously banded individuals will be prioritized when spotted owls are encountered. Efforts to determine nest tree locations for nesting or suspected nesting spotted owls will be described and documented in detail and relayed to Forest Biologist as soon as feasible.

For each spotted or barred owl response, the Contractor will attach a map to the response data card. These maps must measure 8.5” by 11” and be based on USGS 7.5 minute quadrangles or other topology GIS layer provided by DSL. These maps must be created using topographic hillshades provided by DSL, at 1:24,000 scale. For responses obtained from nighttime survey stations, the map shall indicate the station(s) from which bearings were obtained, thin solid lines indicating the bearings, an appropriate symbol indicating the position of the owl(s). Movement of the owl(s) must be shown on the map by indicating the original position of the owl, a dashed line with an arrow indicating the direction of movement, and final position of the owl. For daytime follow-up responses where a walk-in method was used, the maps must show the initial location where the owl(s) were located visually or acoustically, and any significant movement of the owl(s) during the follow-up, using the same method as for nighttime surveys. The map must have a legend indicating the following:

• Response within ESRF boundary

• Owl Site Name

• The Public Land Survey (PLS) description of the response to the quarter of the quarter section.

• The Oregon Lambert Mercator (OLM) Coordinates of the response.

• The date of the response.

• Time of the response, using 24-hour clock.

• The species of the owl, unknown species of Strix are recorded as STXX

• The sex of the owl: pair (as defined by protocol), male, female, unknown sex, juvenile

• The type of response: audio, visual, sign or none.

Daytime follow-up surveys at known sites with no response must show stations called (labeled with the station number) and any walking routes surveyed. Nighttime surveys of known sites or routes with no response do not need a map but must have a data

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For each owl site or survey route where Strix owl responses are obtained, Contractor shall create an overview map which shows all the responses associated with the site for the survey season. This map must show the locations of all the responses (using the appropriate symbol below), labeled with the date. For responses that occur in the same locations on multiple dates (e.g. around a nest tree), the initial response’s symbol must be used, with the additional dates and text description listed under the initial response date, in chronological order (see example below). These maps must also show the owl circle drawn to the provincial home range radius (1.5, 1.3 or 1.2 miles), based on the established activity center. Contractor may create these maps using USGS quadrangle photocopies or produce them from digital imagery that replicates those quadrangles (such as the Digital Raster Graphics available from USGS), or other topographic imagery supplied by DSL, at 1:24,000 scale.

SAMPLE SCHEDULE

Pre-season coordination meeting prior to March Daily if NSO detected or nesting suspected/determined, prior to follow-up visits Biweekly calendar of upcoming survey schedule, progress report of completed survey efforts, including any Strix owl detections Monthly progress report, draft data and track logs for invoicing End of season data transfer & reporting prior to December

SECTION 3: PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

Provide a list of key persons for the project; project manager and/or a field coordinator crew leader, field surveyors, all surveyor training, quality control, and logistical support.

The crew leader and surveyors must be trained for northern spotted owl surveying, have color vision and have good hearing. The American Medical Association and OSHA define good hearing as 0 to 25 dB in both ears. This means that at all frequencies within the normal range of human hearing, an individual’s hearing thresholds should be 25 dB or less.

Field surveyors with previous spotted owl surveying experience are preferred. Field surveyors must have the basic forest skills and fitness necessary to navigate forest roads and rugged terrain safely. Contractor training must emphasize forest orienteering.

The Contractor must be able to provide sufficient personnel to complete the work detailed in the scope of work, between March 1, 2026, and September 30, 2026.

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

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Key Person Requirements

KEY PERSONNEL REQUIREMENTS:

1. Field coordinator - Contractor shall provide a project level field coordinator that must have experience in coordinating at least four (4) survey projects with at least five

(5) subordinate employees and a four-year college degree.

2. Crew Leader – Contractor shall provide a crew leader that must be dedicated to the ESRF and has experience in coordinating at least one biological survey project and a four-year college degree. Three seasons of biological survey experience can be used in lieu of the four-year degree requirement.

3. Field Surveyors – Contractor shall provide as many field surveyors as necessary to cover all survey areas. When last surveyed, a total of five (5) field-going staff were necessary to complete survey efforts across the entirety of the ESRF. Field surveyors must have a four-year college degree or be working towards a four-year college degree.

One season of biological survey experience can be used in lieu of the four-year degree requirement.

Contractor’s personnel performing work under this Contract must be pre-authorized to do so by the DSL contract administrator. The parties acknowledge and agree that personal and professional integrity and ability on the part of the Contractor and Contractor’s employees is crucial to the successful performance of work under this Contract. Also, the intrinsic quality of the data to be provided under this Contract is of great enough importance for its application and use by DSL that the Agency reserves the right to withhold granting of the authorization, or subsequently revoke the authorization, of any Contractor or subcontractor personnel performing work under this Contract if any of the following conditions is true:

i. The person does not meet or exceed the minimum requirements for abilities, education, and experience outlined above.

ii. The person makes repeated inaccurate station placements or owl misidentifications; or

iii. The person violates the laws and or regulations pertinent to federal, state, or local jurisdictions while performing work on State property

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 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

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Resumes for key personnel

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3.1.2 Proposal Page Limits

Proposal is limited to25 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:

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check forms

• Price Proposal

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G) WILL BE REQUIRED upon Intent to award.

• Resumes

3.1.3 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 must submit its Proposal by email to the SPC listed on page one.

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) and will need to be requested to SPC. Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

3.1.4 Authorized Representative

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

3.2 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 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

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

3.2.1 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.

3.2.2 References

Provide 2 references (Attachment D) from current or former client firms for similar projects performed. 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.

3.2.3 Price Proposal

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,

• Submit fully loaded cost for Project Manager hourly rate (scoring criteria)

• Provide additional separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

• Fixed Price with Deliverable Payments.

• For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work, and list the salary/wage and fringe rate separately for each such individual.

Item Description Unit of Measure

Price

Activity Center Search Each Calling Station Visit (6 visit survey) Each

Daytime Follow-up Visit Each Walk-in Surcharge (each mile one way after 0.5 mile) Each

Annual Summary Report Each Data Entry for Spotted Owl Visit form Each

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ARU Deployment 6-week period

– DSL provided equipment. Each

ARU Deployment 6-week period

– Contractor provided equipment. Each

ARU Data Processing per 6-week dataset of audio files. Each

3.2.4 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.

3.2.5 Project Implementation Plan

Briefly describe how you would carry out the major activities of this project in context with the Scope of Work. Provide a plan that you intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

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 on November 7, at 10am PST.

Dial in by Phone: 503-446-4951

Phone Conference ID#: 604 097 432#

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.

https://oregonbuys.gov/

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

The conference will be held by phone at the number provided above.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an 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.

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 specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email, ,;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

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.

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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 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 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, , or hard copy 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.

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 RESERVED

4.9 PROPOSAL REJECTION

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

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

• 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.

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• 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).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (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.

4.10.1.2 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 once the selected proposer is notified they are the potential winner of the solicitation.

(Attachment G)

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of the Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this Section3.2.3 up to the maximum points available as specified in Section (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.

4.10.3 PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 3.2.3, the Price Proposals from Proposers will be scored as follows:

• Proposer with the lowest Price Proposal will receive 30 points.

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

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

• All other Proposers will receive 0 points.

4.10.3.1 Tiebreakers

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If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.11 POINT AND SCORE CALCULATIONS

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

The SPC will calculate all scores for each evaluation criterion.

4.12 RANKING OF PROPOSERS

The SPC will total the scores for each Proposal in a given round of competition calculated by totaling the points awarded by each Evaluation Committee members.

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 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

4.12.1 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.

TOTAL POINTS POSSIBLE :

1 Proposer demonstrates work of same or similar type projects

2 Key Personnel with same or relevant experience and references

3 Price Points possible 30 Total Points Possible 100

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in this RFP. Agency may award less than the full Scope of Work described in this RFP.

5.1.2 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.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

5.2.1.1 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

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

5.2.2 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

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5.3 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:

5.3.1 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.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by 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.

5.3.3 Business Registry

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

5.3.4 Responsibility Inquiry

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

5.3.5 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.

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by 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.

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

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5.4 CONTRACT NEGOTIATION

5.4.1 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. 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 all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 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.

6.2 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

RFP- Elliott State Research Forest – Northern Spotted Owl Survey Page 19 of 20 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.

6.3 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.

6.4 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.

6.5 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.

6.6 COST OF SUBMITTING A PROPOSAL

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

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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6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

6.8 RECYCLABLE PRODUCTS

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