RFP Intermediate for 2022 North Coast Aerial Elk Survey draft.doc

RFP #S-63500-00000907 - 2022 North Coast Aerial Elk Surveys

State of Oregon

Cover Page

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-63500-00000907 for

2022 North Coast Aerial Elk Surveys Intermediate Request for Proposal (RFP) Date of Issue: November 03, 2021 Proposal Due Date: November 23, 2021 @ 2:00 PM PDT Single Point of Contact (SPC):

Kathy Blehm, Contracts Spec II, OPBC Address:

4034 Fairview Industrial Drive SE City, State, Zip Salem, OR, 97302 Phone (voice) 503-947-6169 E-mail:

kathy.m.blehm@odfw.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.

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCHEDULE

31.3

SINGLE POINT OF CONTACT (SPC)

4SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

42.1

AUTHORITY AND METHOD

42.2

DEFINITION OF TERMS

42.3

OVERVIEW

42.4

SCOPE OF WORK

52.5 Safety Procedures:

52.6 Aircraft to be provided: as described in section 3.1

52.7 Aircraft or Equipment Break Down:

52.8 Pilot to be provided: as described in Section 3.1.2

52.9 Additional or Substitute Helicopter or Pilot:

52.10 Poor Pilot Performance:

62.11 Damages:

62.12 Specific Requirements:

62.13 Failure to Perform:

7SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

73.1

MINIMUM PROPOSER REQUIREMENTS

83.2

MINIMUM SUBMISSION REQUIREMENTS

93.3

PROCUREMENT PROCESS

113.4

PROPOSAL CONTENT REQUIREMENTS

123.5

EVALUATION PROCESS

143.6

PRICE EVALUATION

143.7

NEXT STEP DETERMINATION

143.8

TIEBREAKERS

143.9

POINT AND SCORE CALCULATIONS

153.10

RANKING OF PROPOSERS

15SECTION 4:

AWARD AND NEGOTIATION

154.1

AWARD NOTIFICATION PROCESS

154.2

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

174.3

CONTRACT NEGOTIATION

17SECTION 5:

ADDITIONAL INFORMATION

175.1

CERTIFIED FIRM PARTICIPATION

185.2

GOVERNING LAWS AND REGULATIONS

185.3

OWNERSHIP/PERMISSION TO USE MATERIALS

185.4

CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

185.5

COST OF SUBMITTING A PROPOSAL

185.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

185.7

RECYCLABLE PRODUCTS

195.8

CHECKLIST DISCLAIMER

19SECTION 6:

LIST OF ATTACHMENTS

19ATTACHMENT A

SAMPLE CONTRACT

19ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT (MUST BE RETURNED WITH PROPOSAL IF APPLICABLE)

19ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET (MUST BE RETURNED WITH PROPOSAL)

19ATTACHMENT D

REFERENCE CHECK FORM (MUST BE RETURNED WITH PROPOSAL)

19ATTACHMENT E

PRICE PROPOSAL FORM (MUST BE RETURNED WITH PROPOSAL)

19ATTACHMENT F

COBID CERTIFICATION / OUTREACH PLAN (MUST BE RETURNED WITH PROPOSAL)

19ATTACHMENT G

RESPONSIBILITY INQUIRY (MUST BE RETURNED WITH PROPOSAL)

19ATTACHMENT H

SCORED PROPOSAL COMPONENTS FORM (MUST BE RETURNED WITH PROPOSAL)

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

Elk herd composition surveys are conducted annually to assess herd population performance in relation to the Commission adopted Management Objects. Surveys begin on or around mid January as this often corresponds with the first green-up of the spring which brings elk out into the open where they can be observed. Survey protocols require surveys to be completed by March due to the timing of bull antler drop.

The Oregon Department of Fish & Wildlife (ODFW), North Coast Watershed District in Tillamook OR, is seeking a contractor (hereafter “Contractor” or “Provider”) to provide a helicopter, experienced pilot, fuel truck and driver (if necessary) to fly ODFW biologists for surveys of Roosevelt elk in the North Coast Watershed District of Oregon. ODFW anticipates the project to take 12 to 14 days with up to 30 hours of flight time to complete this project.

The work shall occur starting around January 15, 2022, through March 01, 2022.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

Agency anticipates the award of one Contract from this RFP. The term of the Contract resulting from this RFP shall be for approximately one month and will become effective upon last date of signature by all parties thereto. The Contract may have an option to renew for additional one (1) year periods up to a cumulative maximum of three (3) years.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation.

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under OAR 125-246-0170(2) and ORS 496.146(11). Agency has authorization to conduct fish and wildlife management activities under ORS 496.138, consistent with the policy in ORS 496.012.

Agency is using the solicitation method, pursuant to ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

General Definitions

Capitalized terms not specifically defined in this document are defined in 137-046-0110.

2.3 OVERVIEW

The Agency mission is to protect and enhance Oregon's fish, wildlife, and their habitats for use and enjoyment by present and future generations. Proposals are being requested by the Agency’s Wildlife Division. The Wildlife Division consists of three main programs – Conservation, Game, and Habitat.

The Conservation Program is responsible for statewide species surveys, conservation and management of sensitive, threatened and endangered species, marine mammal health, and implementation of the Comprehensive Wildlife Conservation Strategy.

The Game Program is responsible for inventories of game species, game management, hunter surveys, harvest regulations, investigation of wildlife diseases, wildlife damage prevention and response, and predator control.

The Habitat Program is responsible for management of the department’s 16 wildlife areas, development and restoration of fish and wildlife habitat, landowner assistance for habitat development, the Access and Habitat Program, and administration of Pittman-Robertson Act funds.

2.4 SCOPE OF WORK

· The Contractor will provide helicopter, fuel truck and driver where needed, and highly experienced pilot to fly, in addition to the pilot, 2 ODFW employees who will be counting elk and determining the number of cows, calves and bulls in each herd. The search for elk will occur in select areas over forested lands with clear cuts, agricultural lands, and natural openings from sea level to approximately 3000 feet elevation. The pilot will need to keep elk herds that are spotted in openings in the forest and on agricultural lands from going into the trees by circling overhead, passing back and forth in front of them or hovering between the elk and the timber. Flights are typically 1-3 hours in duration. Flights will be conducted when counting conditions are deemed suitable by ODFW biologists. Surveys at dawn are preferred to begin with visible light and may require up to 30 minutes pre-dawn travel time, if safe, to arrive at the survey area. Surveys may be conducted during both weekdays and weekends. Flights will start on or around 15 January 2022, or as soon as weather is suitable, and must be completed before 1 March 2022. The listed work schedule, estimated hours, locations of areas for flying and helicopter base locations are representative of the expected work, but may be subject to change. After 15 January 2022 the Contractor’s services must be available for this project within a 48-hour notice by ODFW.

· The elk survey will occur on the west slopes of the Coast Range Mountains (Trask, Wilson, and Saddle Mtn. Wildlife Management Units between approximately Hwy 18 to the south and the Lower Columbia River to the north) Flights are typically 1-3 hours in duration with two flights conducted per day (one dawn and one before dusk), weather permitting. A fuel truck will be necessary. It is anticipated that the surveys will take approximately 30 hours of flight time depending on weather conditions, elk distribution, elk visibility and flight time costs. Typically, weather conditions will interfere with some of the flights and the survey can be expected to take 12 days or more.

2.5 Safety Procedures:

The Contractor’s pilot(s) must communicate and maintain all safety procedures. Safety procedures will not be compromised at any time during the contract.

2.6 Aircraft to be provided: as described in section 3.1

2.7 Aircraft or Equipment Break Down:

Should the helicopter or other essential equipment break down and cause delay or termination of the operation, the equipment shall be repaired or replaced within 48 hours to allow continuance of the project. Failure to do so may result in a $500/day penalty until deficiencies are corrected. In the event weather conditions force a long-term shutdown during the surveys, and it is agreed the airship has to return to its home base then one-half the ferry time will be paid. All aircraft repairs must be made in accordance with FAR Part 135 standards before the operation proceeds.

2.8 Pilot to be provided: as described in Section 3.1.2

2.9 Additional or Substitute Helicopter or Pilot:

If for any reason an additional or substitute helicopter or pilot are required to complete the work required under this contract, it will be the responsibility of the contractor to supply or subcontract the same, within 48 hours, and with ODFW approval, at the contractor’s expense. The contractor must specify names of pilots provided for this contract and may not provide substitute pilots without prior approval by ODFW.

2.10 Poor Pilot Performance:

ODFW reserves the right to ground any pilot who, in its sole opinion, violates Contract requirements, is unsafe, or otherwise performs unsatisfactorily. Contractor will be required, within 48 hours, to replace the grounded pilot. All replacements shall be approved in advance of use under the contract by ODFW. Failure to furnish a replacement pilot within the specified time will authorize ODFW to assess Contractor the amount of $500 per day for delay.

2.11 Damages:

Contractor shall deliver within the time indicated in Sample Contract (Attachment A). Should Contractor fail to meet the delivery schedule, thereby making it necessary for the State to purchase urgently needed services from another source, Contractor shall pay the difference between the accepted bid price and the new purchase price.

2.12 Specific Requirements:

Mandatory (pass/fail) Proposal Components:

The contractor is required to provide a turbine-powered Bell 206BIII, or helicopter with equivalent visibility and passenger room with minimum horsepower of 340 to meet requirements for the survey will be considered. Submit with the Proposal the airframe age of the aircraft with the complete damage history. ODFW’s experience with Hughes 500 helicopters is that they do not have equivalent visibility or passenger room and therefore bids with these aircraft will be disqualified. The aircraft is required to have radio communications between the pilot and all passengers as well as the ground crew. The aircraft must be equipped with a G.P.S. navigational system that can provide the coordinates of each elk herd located. The aircraft must currently be certified and maintained in accordance with Federal Aviation Regulations (FAR) Part 135 standards. Aircraft must be qualified for Page 9 of 43 the work and terrain required in accomplishing the stated work and approved by FAA. Substitute or back-up aircraft must meet the same standards as the original aircraft requirements specified. All approved aircraft shall be authorized to perform the requirements of this contract in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements. ODFW reserves the right to check the background of any aircraft and may reject any bid if unfavorable information is detected.

Preference will be given to contractor with an acceptable aircraft as described above who has a flight following system for tracking flight paths on a computer while the helicopter is in the air and on the ground.

A fuel truck will be necessary for a portion of the project to supply fuel to the aircraft.

2.13 Failure to Perform:

Unless the contractor is providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, as defined in ORS 279C.100, or unless the contracting agency for good cause specifies otherwise, the scope of work shall require the contractor to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

The contract terms and conditions shall specify clear consequences for a contractor's failure to perform the scope of work identified in the request for proposals or the contractor's failure to meet established performance standards. The consequences may include, but are not limited to:

(A) Reducing or withholding payment;

(B) Requiring the contractor to perform, at the contractor's expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or

(C) Declaring a default, terminating the public contract and seeking damages and other relief available under the terms of the public contract or other applicable law.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER REQUIREMENTS

Proposals not in compliance with the following Minimum Proposer Requirements will be rejected. At a minimum, responses to the solicitation shall include:

3.1.1 Aircraft to be provided by Proposer

The Proposer is required to provide a Bell 206BIII, or helicopter with equivalent visibility and passenger room with minimum horsepower of 340 to meet requirements for the survey. Submit with the Proposal the airframe age of the aircraft with the complete damage history. The Hughes 500 helicopters is not considered equivalent as they do not have equivalent visibility or passenger room.

Each aircraft is required to have radio communications between the pilot and ground crew, a G.P.S. navigational system, and a remote aircraft tracking system allowing Agency personnel and/or the contractor to monitor the aircrafts’ flight progress in real time from a remote location.

The aircraft must currently be certified and maintained in accordance with Federal Aviation Regulations (FAR) Part 135 standards. Aircraft must be qualified for the work and terrain required in accomplishing our work and approved by FAA. Substitute or back-up aircraft must meet the same standards as the original aircraft requirements we specified. All approved aircraft shall be authorized to perform the requirements of this contract in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements. ODFW reserves the right to check the background of any aircraft and may reject any bid if unfavorable information is detected.

PILOT(S) REQUIREMENTS – Attachment H Have flight experience as follows, substantiated by pilot logbook:

Minimum of 1000 hours of helicopter flight time with aircraft equivalent to this contract requirement

Minimum of 150 hours of low elevation (<500 ft.) over variable and rough terrain.

Minimum of 150 hours of flying altitudes up to 7,500 ft.

Minimum of 25 hours of takeoffs and landings in remote areas.

Aircraft pilots must be qualified in accordance with FAR Part 135. Substitute or back-up pilots must meet the same standards as the original pilot requirements as specified. All approved pilots shall be authorized to perform the requirements of this RFP in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements. The Agency reserves the right to check the background of any pilot through the Federal Aviation Administration. If substantiated information is found showing poor performance, safety violations, failure to fulfill contractual obligations, minimum requirements not being met, or any other unfavorable information; the Agency reserves the right to reject any pilot/proposal for purposes of this RFP and any resulting contract.

Proposer Qualifications – Attachment H Proposer must have a minimum of three (3) years of successful professional experience providing goods and/or performing services comparable to those required under this contract, and Proposer must provide copies of required Aircraft & Pilot FAR 135 certification and Safety Management System with proposal.

The Proposer shall submit completed Reference Check Form – Attachment D

· Bidder must provide at least two (2) current professional references and one (1) professional reference for work (from different firms and clients) supportive of bidder’s ability to comply with the requirements of this RFP.

· References must 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, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

· Proposer shall submit reference names and contact information. Agency will make three (3) attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

3.2 MINIMUM SUBMISSION REQUIREMENTS

Proposal Format and Quantity Proposals must be in the form of a Proposal “package” containing one (1) original copy of the Proposal.

Proposals should be prepared in a simple, economical manner, without stiff binders or covers.

Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information. Price Proposal information must be submitted as a separate sealed envelope.

In addition, if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

Authorized Representative

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

3.3 PROCUREMENT PROCESS

Public 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.

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:

· Be delivered to the SPC via an OregonBuys submission, email, or hard copy;

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

Proposal Submission

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 mistaken delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys Proposal submission should be electronically through OregonBuys. at: OregonBuys.gov Alternative Delivery Option: Delivery through Mail, Email or Parcel Carrier

Proposals may be submitted by: Mail, E-Mail, or Fax, and, addressed as follows:

MAIL:

2022 North Coast Aerial Elk Surveys ADD OregonBuys RFP #

OREGON DEPARTMENT OF FISH AND WILDLIFE

Kathy Blehm / Contract Services

4034 Fairview Industrial Drive SE

Salem, OR 97302

E-MAIL:

E-Mail Address: ODFW.Bids@odfw.oregon.gov

When E-Mailing in bids, Proposers must address the Subject line as follows:

Subject: BID FOR ADD OregonBuys RFP #

Modification or Withdrawal of Proposals

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.

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

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.

Proposal Rejection

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

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

· Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

· Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

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

· Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

Opening of Proposals There will not be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identity of all Proposers after Opening.

3.4 PROPOSAL CONTENT REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this solicitation. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely Proposals to provide the goods or services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

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

The Proposer shall complete and submit the Reference Check Form (Attachment D) Provide at least two (2) current professional references and one (1) professional reference for work (from different firms and clients) supportive of bidder’s ability to comply with the requirements of this contract. References must verify the quality of previous, related Work.

References must 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 solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

Proposer shall submit reference names and contact information. Agency will make three (3) attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

Price Proposal (Attachment E) Submit a detailed Price Proposal (Attachment E) stating the price for each deliverable and the total price for the entire project.

Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal.

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

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

3.5 EVALUATION PROCESS

Responsiveness and Responsibility 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.

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

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

Evaluation Criteria Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0 to 10 for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposals. 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.

Evaluation Item 1 - Understanding of Requested Services/Project (Attachment H) Write a clear and concise understanding of the project based on existing information. Address general description of the purpose and key issues.

Evaluation Item 2 – General Qualifications (Attachment H) Demonstrate capability to complete the requested services. Response must list projects performed within the last three years, most comparable to the requested services. Include a description of their type, size, and duration. Also, for each project, indicate whether the work was accomplished within the original budget and deadlines, or needed to be revised. Briefly explain the reason for any revisions.

Does the proposer clearly describe how their qualifications will allow them to successfully perform the scope of work and meet all the minimum requirements?

Does the proposal demonstrate services comparable to those required under this RFP?

Does the proposer demonstrate comparable services required under this RFP?

Evaluation Item 3 – Pilot(s) Qualifications, Primary and Back-up (Attachment H)

List all Pilot(s) flight experience over and above the Mandatory Requirements listed in section 3.1.2.

Evaluation Item 4 – References (Attachment D)

Score the references based upon the submitted scores submitted from three references as required in Attachment D. Each Reference will be asked a series of questions that will be scored. Total average score (from 3 references) is worth up to 10 points (as described in 3.9 Table below).

Evaluation Item 5 - Price – (Attachment E)

The Proposer must bid pursuant to requirements on Attachment E for the proposed services.

For evaluation purposes Agency will calculate a total based on lines 1 thru 6 by multiplying estimated quantity x unit prices for each line.

3.6 PRICE EVALUATION

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

price being scored

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Establishing a Competitive Range

Presentations/Demonstrations/Additional Submittal Items

Interviews

Best and Final Proposals

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest-ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 TIEBREAKERS

Oregon Supplies: If Agency receives Proposals identical in price, fitness, availability, and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.9 POINT AND SCORE CALCULATIONS

Scores are the values assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion.

Price points are calculated as stated in the Price Evaluation section. Points possible are as follows:

POINTS POSSIBLE

3.10 RANKING OF PROPOSERS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

Award Consideration

Agency, 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 3. Agency may award less than the full Scope defined in this solicitation.

Intent to Award Notice Agency will notify all Proposers in Writing that Agency is awarding a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

4.2 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:

Insurance

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

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

Taxpayer Identification Number

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

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

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

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

Business Registry If selected for award, 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.

Responsibility Inquiry

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

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.

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.

4.3 CONTRACT NEGOTIATION

Negotiation

By submitting a Proposal, Proposer agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Proposal, the State intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposals.

Any Proposal that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

All items, except those listed below, may be negotiated between Agency and the apparent successful Proposer in compliance with Oregon State laws:

· Choice of law

· Choice of venue

· Constitutional requirements

· All applicable Federal and State requirements In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of Agency. By submitting an 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 an Agreement, 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 unless the Proposal is submitted late.

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

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

5.5 COST OF SUBMITTING A PROPOSAL

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

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.7 RECYCLABLE PRODUCTS

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

5.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A

SAMPLE CONTRACT

ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT (MUST BE RETURNED WITH PROPOSAL IF APPLICABLE)

ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT D

REFERENCE CHECK FORM (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT E

PRICE PROPOSAL FORM (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT F

COBID CERTIFICATION / OUTREACH PLAN (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT G

RESPONSIBILITY INQUIRY (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT H

SCORED PROPOSAL COMPONENTS FORM (MUST BE RETURNED WITH PROPOSAL)

COMMENTS \* FirstCap \* MERGEFORMAT