RFP GOALS 16-17.pdf

ISSUE DATE: JUNE 30, 2023

DEADLINE: AUGUST 14, 2023

Request for Proposals

Comprehensive Plan Update

Goal 16: Estuarine Resources

Goal 17: Coastal Shorelands

GAIL HENRIKSON

COMMUNITY DEVELOMENT DIRECTOR

REQUEST FOR PROPOSALS

UPDATE OF COMPREHENSIVE PLAN GOAL 16: ESTUARINE RESOURCES AND GOAL 17: COASTAL SHORELANDS i

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 Background 1

1.2 Goal 16: Estuary Planning in Oregon and Clatsop County 1

1.3 Goal 17: Coastal Shoreland Planning in Oregon and Clatsop

County

1.4 Schedule 2

1.5 Single Point of Contact 2

SECTION 2: OVERVIEW AND SCOPE OF WORK

2.1 Purpose 3

2.2 Scope of Work / Specifications 3

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 Minimum Qualifications 3

3.2 Proposal Requirements 4

SECTION 4: SOLICITATION

4.1 Public Notice 6

4.2 Pre-Submittal Meeting 6

4.3 Questions / Requests for Clarifications 6

4.4 Proposal Delivery Methods 7

4.5 Proposal Modification or Withdrawal 7

4.6 Proposal Submission Deadline 7

4.7 Proposal Rejection 7

4.8 Evaluation Process 8

4.9 Ranking of Proposals and Next Step Determination 11

SECTION 5: AWARD AND NEGOTATION

5.1 Award Notification Process 12

5.2 Intent to Award Protest 12

5.3 Apparent Successful Proposer Submission Requirements 13

5.4 Contract Negotiation 14

SECTION 6: ADDITIONAL INFORMATION

6.1 Certified Firm Participation 14

6.2 Governing Laws and Regulations 14

6.3 Ownership / Permission to Use Materials 15

6.4 Cancellation of RFP; Rejection of Proposal; No Damages 15 ii

6.5 Cost of Submitting a Proposal 15

LIST OF ATTACHMENTS

ATTACHMENT A: DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT B: PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT C: RESPONSIBILITY INQUIRY

ATTACHMENT D: SAMPLE CONTRACT

ATTACHMENT E: CERTIFIED FIRM PARTICIPATION

SECTION 1: GENERAL INFORMATION

1.1: BACKGROUND

Clatsop County is located in the northwest corner of Oregon on the rugged and beautiful coast, bounded on the north by the Columbia River and on the west by the Pacific Ocean. Named for the Clatsop Indigenous People, Clatsop County is rich in history, scenery and opportunity.

Clatsop County is access from the east by Highway 30 and Highway 26 and by Highway 101 running north/south through the county. The network of highways makes travel pleasant to the Portland metro area and an approximately two-hour drive to the Portland International Airport.

As of the 2020 census, the population of Clatsop County was 41,072.

Clatsop County is one of 36 counties located within the state of Oregon and one of only seven coastal counties within the state. Clatsop County’s six-person land use planning staff includes two planners, one senior planner, one planning manager, one permit technician and the Community Development Director.

1.2: GOAL 16: ESTUARY PLANNING IN OREGON AND CLATSOP COUNTY

Oregon’s Estuary Management Plans were first adopted in the 1980s and act to guide development and conservation within these important locations. The Oregon Estuary Plan Book, published by the Department of Land Conservation and Development (DLCD) in 1987, identifies two major estuaries in Clatsop County as defined by OAR 660-017-0015:

• Columbia River (Deep-draft Development Estuary)

• Necanicum River (Conservation Estuary)

Additionally, the Oregon Estuary Plan Book also identifies Ecola Creek as a minor Conservation estuary.

Plans and inventories for these three estuaries were originally prepared and adopted in the late 1970s and early 1980s. The Columbia River Estuary Management Plan was amended in 1990 (Ordinance 90-13), along with concurrent amendments to Goal 16. A companion Dredged Material Management Plan for the Columbia River Estuary was adopted in 2005. The Necanicum River Estuary Inventory was amended in 1984 (Ordinance 84-01). The Ecola Creek Inventory was amended in 1992 (Ordinance 92-05). Consequently, the policies contained in Clatsop County Comprehensive Plan Goals 16 (Estuary Resources) and 17 (Coastal Shorelands) are now more than 30 years old and require review and updating to address climate change, sea level rise, and regulatory changes.

1.3: GOAL 17: COASTAL SHORELAND PLANNING IN OREGON AND CLATSOP

COUNTY

Statewide Planning Goal 17 outlines planning and management requirements for the lands bordering estuaries (as well lands bordering the ocean shore and coastal lakes). In general, the requirements of Goal 17 apply in combination with other planning goals to direct the appropriate use of shoreland areas. Provisions in Goal 17 specifically focus on the protection https://www.co.clatsop.or.us/media/37319 https://www.co.clatsop.or.us/media/37319 https://www.co.clatsop.or.us/media/37326 https://www.co.clatsop.or.us/media/37335 https://www.co.clatsop.or.us/media/37324 https://www.co.clatsop.or.us/media/37324 https://www.co.clatsop.or.us/media/37318 https://www.co.clatsop.or.us/media/37333 https://www.co.clatsop.or.us/media/37317 https://www.co.clatsop.or.us/media/37317 https://www.co.clatsop.or.us/media/37334 and management of resources unique to shoreland areas; examples of such resources include areas of significant shoreland habitat, lands especially suited for water dependent uses, lands providing public access to coastal waters, and potential restoration or mitigation sites.

Goal 17 use requirements direct that shorelands "especially suited for water dependent uses" be protected for such uses, and that local zoning regulations prevent the establishment of uses which would preempt the availability of such lands for water dependent development. In 1999 LCDC adopted an administrative rule to provide additional guidance for implementing this Goal 17 requirement. Known as the water dependent shorelands rule, OAR 660, Division 37 establishes a methodology for calculating the minimum amount of shorelands to be protected for water dependent and also provides more detailed guidance on the qualifications of shorelands suitable for water dependent uses, as well as suggested land use regulations and standards appropriate for the protection of these shoreland sites.

Clatsop County’s Goal 17 has not been amended since its original adoption in 1980. In 2023, Clatsop County completed a DLCD project to update waterway public access policies. These final policies will need to be incorporated into this update.

1.4: SCHEDULE

The work identified in this RFP must be completed on or before October 31, 2024. The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

EVENT DATE TIME

Pre-Submittal Meeting July 19, 2023 2:00PM

Questions/Requests for Clarification Deadline July 24, 2023 4:00PM

Answers to Questions/Requests for Clarification Issued

July 31, 2023 Prior to

4:00PM

Proposal Submittal Deadline August 14, 2023 3:00PM

Proposal Opening August 14, 2023 3:30PM

Evaluation Committee Meeting August 28, 2023 2:30 PM

Proposer Interviews (if needed) September 7, 2023 Various / TBD

Issuance of Notice of Intent to Award September 11, 2023 Prior to

4:00PM

Award Protest Period Ends September 18 4:00PM

Board of Commissioners Approval October 11, 2023 6:00PM

1.5: SINGLE POINT OF CONTACT

Questions pertaining to this document should be submitted to:

Gail Henrikson, Director Clatsop County Community Development

800 Exchange Street, Suite 100 Astoria, OR 97103 https://www.co.clatsop.or.us/media/36642

(503) 325-8611

(503) 338-3606 (fax) ghenrikson@clatsopcounty.gov

SECTION 2: OVERVIEW AND SCOPE OF WORK

2.1: PURPOSE

In FY 22/23, Clatsop County completed a four-year review and update of Goals 1-4, 6-14 and Goal 19 of its comprehensive plan. This process represented the first holistic and comprehensive review of the Clatsop County comprehensive plan since its original adoption in 1980. This work was completed by over 30 citizen volunteers and county staff, with technical assistance from state agencies and the Columbia River Estuary Study Taskforce (CREST). Due to the complexity and technical nature of Statewide Planning Goals 16-18, those elements were not included in that four-year review. This project would complete a portion of the remainder of this work. A separate Request for Proposals is being issued concurrently with this RFP to complete updates to Goal 18. In 2023, Clatsop County completed a DLCD project to update waterway public access policies. These final policies will need to be incorporated into this update.

2.2: SCOPE OF WORK / SPECIFICATIONS

1. develop and implement a public involvement plan to obtain community input and feedback on the updates to Goals 16 and 17

2. review existing estuary plans and data inventories, dredged material management plans, applicable supporting documents, publicly available State data, and Clatsop County’s Goal 16 and 17 policies

3. identify areas where Clatsop County Goals 16 and 17 do not comply with Statewide Planning Goals, Oregon Revised Statutes and/or Oregon Administrative Rules

4. identify and provide recommendations regarding needed updates to the estuary management plans and the dredged material disposal plan and/or new estuary management plans that should be completed

5. develop a report summarizing the coastal hazards and climate change impacts on the Columbia, Necanicum and Ecola Creek estuaries

6. prepare digital estuary and coastal shorelands maps relevant to Goals 16 and 17, including but not limited to:

a. Ocean and Coastal Lake Shorelands

b. Columbia River Estuary

c. Necanicum Estuary

d. Ecola Creek Estuary

7. prepare new enforceable policies for Goals 16 and 17 based upon the above analysis

8. develop Land and Water Development and Use Code (LAWDUC) standards to implement Goal 16 and Goal 17 policies

9. prepare a final report including findings and recommendations for Tasks #1-8, above https://www.co.clatsop.or.us/landuse/page/clatsop-2040-get-plan

SECTION 3: PROCUREMENT REQUIREMENTS

3.1: MINIMUM QUALIFICATIONS

To be considered for evaluation, the proposal must demonstrate how the proposer meets all requirements of this section:

1. Knowledge of Oregon’s Statewide Land Use Program, with emphasis on Goals 16 and 17

2. Knowledge of coastal hazards and climate threats to Oregon estuaries and adjacent communities

3. Demonstrated experience in successful public process management and facilitation

4. Experience working with local jurisdictions on special area plans or similar spatially-based resource or land use management plans

5. High level of technical expertise and GIS and technical reporting

3.2: PROPOSAL REQUIREMENTS

Respondents shall submit one electronic proposal that presents their qualifications and understanding of the work to be performed. Include all required information, organized and identified in a table of contents as described in the paragraphs that follow. Any other information thought to be relevant, but not applicable to the enumerated categories, may be provided as a separate appendix to the proposal. The following information/documents shall be included in the proposal package to be considered responsive to the Request for Proposals:

1. Executive Summary

2. Technical Proposal

3. Disclosure Exemption Affidavit, if applicable (Attachment A)

4. Proposer Information and Certification Sheet (Attachment B)

5. References

6. Cost Proposal

7. Responsibility Inquiry (Attachment C)

8. Key Persons and Resumes, including:

a. Name and title

b. Work phone

c. Work email

d. Area of expertise

e. Current resume, not to exceed two pages, demonstrating key person’s qualifications and experience to provide the work described in the RFP

9. Work Samples

Proposals should follow the format and reference the sections listed above. Responses to each section and subsection should be labeled to indicate the item being addressed. 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.

Failure of the authorized representative to sign the proposal may subject the proposal to rejection by Clatsop County. Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-responsibility.

SECTION 4: SOLICITATION PROCESS

4.1: PUBLIC NOTICE

The RFP and attachments are published on the Oregon Buys (https://oregonbuys.gov/bso/) and Clatsop County (https://www.clatsopcounty.gov/rfps) websites.

Modifications, if any, to this RFP will be made be written addenda published on Oregon Buys and on the Clatsop County website. Prospective proposer is solely responsible for checking Oregon Buys and/or the Clatsop County website to determine whether any addenda have been issued. Addenda are incorporated into the RFP by this reference.

4.2: PRE-SUBMITTAL MEETING

A virtual Pre-Submittal Meeting will be held at the date and time listed in the schedule in Section 1.4. A prospective proposer’s participation in this meeting is highly encouraged but not mandatory. The purpose of the Pre-Submittal Meeting is to:

1. Provide additional description of the project

2. Explain the RFP evaluation and selection process

3. Answer any questions proposers may have related to the project or the process.

Statements made at the Pre-Submittal Meeting are not binding upon Clatsop County. Proposers may be asked to submit questions in writing. Nothing stated at the Pre-Submittal Meeting shall change the RFP unless a change is made be written addenda.

Topic: Goals 16-17 RFP Pre-submittal Meeting Time: Jul 19, 2023 02:00 PM Pacific Time (US and Canada)

Join Zoom Meeting https://co-clatsop-or-us.zoom.us/j/89643805523?pwd=WTJoQ2tkanJMQ3lveXhYN0E1UkRzUT09 Meeting ID: 896 4380 5523 Passcode: 019241 Dial by your location: 1 253 215 8782 US (Tacoma)

4.3: QUESTIONS / REQUESTS FOR CLARIFICATION

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:

1. Be delivered to the Single Point of Contact via email

2. Reference the RFP title

3. Identify proposer’s name and contact information

4. Refer to the specific area of the RFP being questioned (i.e., page number and section number) https://oregonbuys.gov/bso/ https://www.clatsopcounty.gov/rfps https://co-clatsop-or-us.zoom.us/j/89643805523?pwd=WTJoQ2tkanJMQ3lveXhYN0E1UkRzUT09

5. Be received by the date and time deadline for Questions / Requests for Clarification identified in the schedule in Section 1.4

4.4: PROPOSAL DELIVERY METHODS

Proposer is solely responsible for ensuring its proposal is received by the Single Point of Contact in accordance with the RFP requirements before the submittal deadline. Clatsop County is not responsible for any transmission errors or delays or for any mis-delivery for any reason. A proposal submitted by any means not authorized below will be rejected. All submittals must be submitted via email to comdev@clatsopcounty.gov. Include “Clatsop County Goals 16-17 Proposal” in the title of the email.

4.5: PROPOSAL MODIFICATION OR WITHDRAWAL

If a proposer wishes to make modifications to a submitted proposal it must submit its modification via email prior to the submittal deadline identified in Section 1.4. The notice must include the RFP name and be submitted to the Single Point of Contact listed in this RFP.

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. The notice must be submitted to the Single Point of Contact via email prior to the proposal submittal deadline identified in Section

1.4. The notice shall include the name of the RFP.

4.6: PROPOSAL MODIFICATION OR WITHDRAWAL

The proposal, including all required submittal items, must be received via email by the Single Point of Contact on or before the submittal deadline in Section 1.4. All proposal modifications or withdrawals must be received prior to the submittal deadline, as detailed in Section 4.5. A proposal received after the submittal deadline is considered late and will not be accepted for evaluation. A late proposal will be returned to the proposer or destroyed.

4.7: PROPOSAL REJECTION

Clatsop County may reject a proposal for any of the following reasons:

1. 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

2. Proposer has liquidated and delinquent debt owed to the County or to any department of the County

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

4. Proposer makes any contact regarding the RFP with County representatives such as

County staff or officials other than the Single Point of Contact or those the Single Point of Contact authorizes, or inappropriate contact with the Single Point of Contact

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

6. Proposal is conditioned on the County’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 mailto:comdev@clatsopcounty.gov

4.8: EVALUTATION PROCESS

Proposals will be evaluated as detailed below:

1. Responsiveness and Responsibility Determinations

a. Responsiveness determination: A proposal received prior to the submittal deadline will be reviewed to determine if it is responsive to all RFP requirements including compliance with the Minimum Qualifications section and Minimum Submission Requirements section. If the proposal is unclear, the Single Point of Contact may request clarification from the proposer. If the Single Point of Contact finds the Proposal to be non-responsive, the proposal may be rejected; however, the County may waive mistakes in accordance with OAR 125-247-0470.

b. Responsibility Determination: The County 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 C) with their proposal. At any time prior to award, the County may reject a proposer found to be not responsible.

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 the County 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 100 points available as detailed in Section 4.9.

Each criterion will receive a rating of either Outstanding, Very Good, Adequate, Fair, or Response of No Value. Except as shown below, these ratings correspond to the following definitions.

RATING CRITERION DEFINITIONS

OUTSTANDING

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

VERY GOOD

Proposal provides useful information, while showing experience and knowledge within the product category. Proposal demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE

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

FAIR

Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RATING CRITERION DEFINITIONS

RESPONSE OF NO VALUE

An unacceptable response that does not meet the requirements set forth in the RFP.

Proposer has not demonstrated knowledge of the subject matter.

The Single Point of Contact may request further clarification to assist the Evaluation Committee in gaining additional understanding of the 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.

a. Key Persons (10 points maximum)

Required Information: List all personnel who would be assigned to this project.

Evaluation Criteria:

• Do the key persons on this project have the appropriate expertise to do the project successfully?

• How well does the proposal explain the suitability of the project team?

RATING SCALE FOR KEY PERSIONS CRITERION

SCORE EXPLANATION

9-10 PTS OUTSTANDING

6-8 PTS VERY GOOD

4-5 PTS ADEQUATE

2-3 PTS FAIR

0-1 PT RESPONSE OF NO VALUE

b. Project Management and Approach (20 points maximum)

Requested Information: Describe how the proposer would carry out the major activities of this project in context with the Scope of Work. Provide an inclusive project management plan that the proposer intends to follow. Illustrate how this plan will serve to coordinate and accomplish the work.

Evaluation Criterion:

• How well does the proposal project management and approach fit the needs of the project?

RATING SCALE FOR

PROJECT MANAGEMENT AND APPROACH

SCORE EXPLANATION

17-20 PTS OUTSTANDING

12-16 PTS VERY GOOD

8-11 PTS ADEQUATE

4-7 PTS FAIR

0-3 PT RESPONSE OF NO VALUE

c. Specific Experience (30 points maximum) Requested Information: Proposer shall provide a description of a minimum of two previous projects proposer has completed in the last five years, similar to the work proposed here. The projects should be similar in scope, size, and requirements to that described in this RFP. The projects must demonstrate that the proposer has the experience, knowledge, and qualified staff to provide the work being requested.

Project descriptions must, at a minimum, include the following:

- Overview of each project

- Type and size of the project

- Goals and objectives of the project

- Description of the results

- Key Persons assigned and their roles

- If the projects were completed within proposer’s estimated budget and schedule or if they required adjustments. Please include an explanation for the adjustments.

- Any other important and relevant information regarding the project Evaluation Criteria:

• How well does the proposal demonstrate the specific experience necessary for project success?

• How well does the experience align with estuary management planning?

RATING SCALE AND EXPLANATION FOR SPECIFIC EXPERIENCE

25-30 PTS OUTSTANDING

19-24 PTS VERY GOOD

13-18 PTS ADEQUATE

7-12 PTS FAIR

0-6 PT RESPONSE OF NO VALUE

d. Work Samples (10 points maximum)

Requested Information: Provide actual pages demonstrating the proposer’s ability to communicate key information and inform decisions from one or more projects of similar scope and magnitude. Pages should be marked only to call out a specific section. Work samples will be scored by the evaluators on applicability to this proposed project as well as format, including appropriate use of tables and graphics;

clear, concise text; and errors, including misspellings, grammatical, and typographic.

Evaluation Criteria:

• How well do the work samples demonstrate the necessary expertise for this project?

• How well do the work samples convey a professional caliber of deliverables?

RATING SCALE AND EXPLANATION FOR WORK SAMPLES

SCORE EXPLANATION

9-10 PTS OUTSTANDING

6-8 PTS VERY GOOD

4-5 PTS ADEQUATE

e. Clarity of Proposal (10 points maximum)

Requested Information: The proposal will be scored by evaluators on format, including appropriate use of tables and graphics; ease of finding clear, concise information that correlates with the Scope of Work and proposal requirements;

errors, including misspellings, grammatical, and typographic; and proposer’s ability to follow instructions.

Evaluation Criteria:

• How well does the proposal convey the task approach to the project?

• How well does the proposal identify all required information as outlined in the

RFP?

RATING SCALE AND EXPLANATION FOR CLARITY OF PROPOSAL

9-10 PTS OUTSTANDING

6-8 PTS VERY GOOD

4-5 PTS ADEQUATE

f. Proposal Cost (20 points maximum)

Requested Information: Submit a detailed Cost Proposal that includes the following items:

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

- Separate line items for personnel, travel, supplies, other costs and administrative and overhead charges

- Fully-loaded personnel costs 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

- Not to exceed amount Evaluation Criteria:

• How well does the proposal cover the anticipated costs of the project and is that cost feasible?

• How well does the proposal justify the anticipated costs and is there anything missing or unnecessary?

RATING SCALE AND EXPLANATION FOR COST PROPOSAL

17-20 PTS OUTSTANDING

The Cost Proposal meets all of the requirements and presents a comparatively very high degree of economy without raising doubts that the proposer has underestimated the resources necessary to complete the project. When considered in relation to the quality of proposal, cost represents an outstanding value.

12-16 PTS VERY GOOD

The Cost Proposal meets all requirements and offers the services at a cost that falls within a reasonably competitive range. When considered in relation to the quality of proposal, cost represents a very good value.

8-11 PTS ADEQUATE

The Cost Proposal meets all requirements in a reasonably adequate manner but offers pricing at the upper end of reasonable competitiveness as compared with the cost proposals of other proposers. When considered in relation to the quality of proposal, cost represents adequate value.

4-7 PTS FAIR

The Cost Proposal meets all requirements in a reasonably adequate manner but offers pricing that approaches the bounds of failing to be reasonably competitive as compared to the cost proposals of other proposers. When considered in relation to the quality of proposal, cost represents a fair value.

0-3 PT RESPONSE OF LITTLE VALUE

The Cost Proposal either calls for unsustainably high pricing or proposes pricing that is objectively inadequate to sustain the proposer’s efforts on the project. Or, the Cost Proposal fails to substantially meet all cost proposal requirements. When considered in relation to quality of the proposal, cost is either unrealistic or unreasonably high.

g. References (Required, not scored)

Requested Information: Provide three references from current or former client firms for similar projects performed for any clients within the last five years.

4.9: RANKING OF PROPOSERS AND NEXT STEP DETERMINATION

The Single Point of Contact will average the scores for each proposal by calculating the total points awarded by each Evaluation Committee member and dividing by the number of members. The county will rank all proposers at the conclusion of the evaluation.

At the conclusion of the ranking, the County may choose to conduct additional round(s) of competition if in the best interest of the County. Additional rounds of competition may consist of, but are not limited to:

1. Interviews

2. Presentations/Demonstrations/Additional Submittal Items

3. Discussions and submittal of revised Proposals

4. Serial or simultaneous negotiations

5. Best and final offers

SECTION 5: AWARD AND NEGOTIATION

5.1: AWARD NOTIFICATION PROCESS

1. Award Consideration Clatsop County, if it awards a contract, shall award a contract to the highest ranking responsible proposer(s) based upon the scoring methodology and process described in Section 4. Clatsop County may award less than the full scope of work defined in this RFP.

2. Intent to Award Notice Clatsop County will notify all proposers via email that the County intends to award a contract to the selected proposer(s) subject to successful negotiation of any negotiable provisions.

5.2: INTENT TO AWARD PROTEST

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:

a. All higher ranked proposals are non-responsive

b. Clatsop County has failed to conduct an evaluation of proposals in accordance with the criteria or process described in the RFP

c. Clatsop County abused its discretion in rejecting the protestor’s proposal as non-responsive

d. Clatsop County’s evaluation of proposal or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B

If the County receives only one proposal, the County may dispense with the evaluation process and Intent to Award protest period and proceed with contract negotiations and award.

2. Written Protest Requirements Written protests must:

a. Be delivered to the Single Point of Contact via email

b. Reference the RFP name

c. Identify proposers name and contact information

d. Be signed by an authorized representative

e. Specify the grounds for the protest

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

3. Response to Protest

Clatsop County 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 will not be considered.

5.3: APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

1. Insurance Prior to award, proposer shall secure and demonstrate to Clatsop County proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Attachment D.

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

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. Nondiscrimination in Employment As a condition of receiving the award of contract under this RFP, proposer must certify by their signature on Attachment B, 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.

5. Pay Equity Compliance As required by ORS 279B.235 or ORS 279C.520, 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.

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 http://sos.oregon.gov/business/pages/register.aspx 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 the entitles Clatsop County 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.

5.4: CONTRACT NEGOTIATION

After selection of a successful proposer, Clatsop County 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 D).

It may be possible to negotiate some provisions of the final contract; however, Clatsop County is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that Clatsop County believes modifications to the standard provisions constitute increased risk and increased cost to the County. Therefore, the County will consider the scope of requested exceptions in the evaluation of proposal.

Any subsequent negotiated changes are subject to prior approval of the Board of Clatsop County Commissioners.

In the event that the parties have not reached mutually agreeable terms within 10 calendar days, the County, at its discretion, may terminate negotiations and commence negotiations with the next highest ranking proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1: CERTIFIED FIRM PARTICIPATION

Pursuant to ORS Chapter 200, Clatsop County 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. Clatsop County also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit https://oregon4biz.diversitysoftware.com.

6.2: GOVERNING LAWS AND REGULATIONS

https://oregon4biz.diversitysoftware.com/

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action related to this RFP, evaluation and award is the Circuit Court of Clatsop 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 Clatsop County of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3: OWNERSHIP / PERMISSION TO USE MATERIALS

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

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

Pursuant to ORS 279B.100, Clatsop County 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 County, as determined by the County. The County is not 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.

6.5: 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 or other supporting materials, costs to participate in demonstrations, or costs associated with protests.

ATTACHMENT A – DISCLOSURE EXEMPTION AFFIDAVIT

DISCLOSURE EXEMPTION AFFIDAVIT

____________________ (Affiant), being first duly sworn under oath, and representing [insert Proposer Name] (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the “Proposal”), to Clatsop County (County) in response to Request for Proposals Comprehensive Plan Update Goal 16 and Goal 17, for services to review and update Clatsop County’s Goal 16: Estuarine Resources and Goal 17: Coastal Shorelands, and I am familiar with the contents of the RFP and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit 1 is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information is exempt from disclosure under Oregon’s Public Records Law under the specifically designated sections as set forth in Exhibit 1 or constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

i. is not patented,

ii. is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts,

iii. has actual or potential commercial value, and

iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

or

B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in Exhibit 1 may depend on official or judicial determinations made in accordance with the Public Records Law.

Affiant’s Signature

State of ___________)

County of ________)

Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of _________________

My Commission Expires: _________

EXHIBIT 1

Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s):

ATTACHMENT B – PROPOSER INFORMATION AND CERTIFICATION SHEET

PROPOSER INFORMATION AND CERTIFICATION SHEET

Legal Name of Proposer:

Address: City, State, Zip:

State of Incorporation: Entity Type:

Contact Name: Telephone: Email:

Oregon Business Registry Number (if required):

Any individual signing below hereby certifies they are an authorized representative of Proposer and that:

1. Proposer understands and accepts the requirements of this RFP. By submitting a Proposal, Proposer agrees to be bound by the Contract/Price Agreement terms and conditions and as modified by any Addenda, except for those terms and conditions that the County has reserved for negotiation, as identified in the RFP.

2. Proposer acknowledges receipt of any and all Addenda to this RFP.

3. Proposal is a Firm Offer for 180 days following the Closing.

4. If awarded a Contract/Price Agreement, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract/Price Agreement.

5. I have knowledge regarding Proposer’s payment of taxes and by signing below I hereby certify that, to the best of my knowledge, Proposer is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

6. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Proposer does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. If applicable, Proposer has, or will have prior to contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112 (formerly HB 3060), of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

7. Proposer complies with ORS 652.220 and does not unlawfully discriminate against any of Proposer’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 continuing compliance constitutes a material element of this Contract/Price Agreement and a failure to comply constitutes a breach that entitles Clatsop County to terminate this Contract/Price Agreement 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.

8. Proposer and Proposer’s employees, agents, and subcontractors are not included on:

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:

https://www.treasury.gov/ofac/downloads/sdnlist.pdf., or

B. the government wide exclusions list in the System for Award Management found at:

https://www.sam.gov/portal/

9. Proposer certifies that, to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of the Clatsop County, on the other hand, arising out of, or relating in any way to, the subject matter of the RFP. If any changes occur with respect to Proposer’s status regarding conflict of interest, Proposer shall promptly notify Clatsop County in writing.

10. Proposer certifies that all contents of the Proposal (including any other forms or documentation, if required under this RFP) and this Proposal Certification Sheet are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.

11. Proposer understands that any statement or representation it makes, in response to this RFP, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract/Price Agreement being a "false claim" {ORS 180.750(2)} subject https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://www.sam.gov/portal/ to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

12. Proposer acknowledges these certifications are in addition to any certifications required in the Contract/Price Agreement and Scope of Work at the time of Contract/Price Agreement execution.

13. 14. 15.

Authorized Signature Date

16. 17. 18.

(Printed Name and Title)

19. 20.

ATTACHMENT C – RESPONSIBILITY INQUIRY

RESPONSIBILITY INQUIRY

Clatsop County will determine responsibility of a firm prior to award and execution of a contract. In addition to this form, Clatsop County may obtain any information County deems necessary to make the determination. Clatsop County will notify the firm of any other documentation required, which may include, but is not limited to, Oregon Department of Revenue Letter of Debt Compliance, recent profit-and-loss history; current balance statements and cash flow information; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; insurability, credit information; material; equipment; facility and personnel information; record of performance under previous contracts; etc. Clatsop County may postpone the award of the Contract in order to complete its investigation and evaluation.

Failure to promptly provide requested information and clearly demonstrate Responsibility may result in offer rejection and ineligibility of contract award.

1. Does your firm have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of the firm to meet all contractual responsibilities? YES / NO .

2. Number of years in business providing the services/goods/equipment required under the prospective contract:

3. a) Is your firm experiencing financial distress or having difficulty securing financing?

YES / NO .

b) Does your firm have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES / NO If "YES” on question 3.a or “NO” on question 3.b, please provide additional details.

Response:

4. Within the last 3-year period, has your firm had one or more contracts terminated for contractor default by any federal, state or local government agency, or any lawsuits filed against it by creditors or involving contract disputes? YES / NO . If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

5. Is your firm, a major partner or major shareholder (defined as a partner or shareholder owning 10% or more of your firm), a major subcontractor (defined as receiving 10% or more of the total Contract amount), or any principal officer of your firm, major partner, major shareholder, or major subcontractor presently, or within the last 3 years has been convicted of, indicted for, or otherwise criminally or civilly charged by a governmental entity with the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of bids or Proposals; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property?

YES / NO . If "YES," indicate the jurisdiction, date of indictment, charge or judgment and names and summary of charges.

Response:

6. Within the last 3-year period, has your firm filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES / NO . If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

7. a) Within the last 3-year period, has your firm been notified of any delinquent Federal or State taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

YES /NO .

b) Does your firm have any liquidated and delinquent debt owed to the State or any department or agency of the State? If "YES" on 7.a or 7.b or both, please explain. YES

/NO

c) Does your firm have any delinquent debt owed to Clatsop County or any department of Clatsop County? If "YES" on 7.a or 7.b or both, please explain. YES /NO

Response:

8. Does your firm have all required licenses, insurance and/or registrations, if any, and is the firm legally authorized to do business in the State of Oregon. YES /NO . If "NO," please explain.

Response:

9. Within the last 3-year period, has your firm completed previous contracts of a similar nature with a satisfactory record of performance? [For purposes of this question, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within your firm′s control, your firm stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner.] YES /NO . If "NO," please explain.

Response:

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Bidder/Proposer certifies that the responses provided on this form are complete, accurate, and not misleading.

Name of Firm: RFP/ITB # (if applicable):

Project Name:

Authorized Signature Date

Print Name Title

ATTACHMENT D – SAMPLE CONTRACT

CLATSOP COUNTY, OREGON

800 Exchange Street, Suite 410

Astoria, Oregon 97103 An Equal Opportunity Employer

Contract No.__________________

PERSONAL/PROFESSIONAL SERVICES AGREEMENT

This AGREEMENT is by and between Clatsop County (“County”) and ______________________ (“Contractor”).