RFP Low Water Rescue Boat~1.pdf

OregonBuys RFP Number S-25800-00007400 Low Water Rescue Boats

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STATE OF OREGON

COVER PAGE

Oregon Department of Emergency Management

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S-25800-00007400

For

LOW WATER RESCUE BOATS

Date of Issue: July 6, 2023, 1:00, PM PST

Opening Date and Time: July 31, 2023, 9:00 AM PST

Single Point of Contact (SPC): Kail Daniel

Address: PO Box 14370 City, State, Zip Salem, Oregon 97309-5062 Phone (voice) 503-934-3297 E-mail: kail.daniel@oem.oregon.gov

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

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 OVERVIEW AND PURPOSE

SECTION 3: PROCUREMENT REQUIREMENTS

3.2 PUBLIC NOTICE

3.3 PRE-PROPOSAL CONFERENCE ..............................................................................................Error! Bookmark not defined.

3.4 QUESTIONS / REQUESTS FOR CLARIFICATIONS

3.5 PROPOSAL MODIFICATION OR WITHDRAWAL

3.6 PROPOSAL DUE

3.7 PROPOSAL REJECTION

3.8 EVALUATION PROCESS

3.9 POINT AND SCORE CALCULATIONS

3.10 AWARD NOTIFICATION PROCESS

3.11 INTENT TO AWARD PROTEST

3.12 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

SECTION 4: ADDITIONAL INFORMATION

4.1 GOVERNING LAWS AND REGULATIONS

4.2 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE PURCHASE ORDER AND OREGON TERMS AND CONDITIONS

ATTACHMENT B - SPECIFICATION LIST

ATTACHEMENT E - PRICE PROPOSAL

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Emergency Management, (“Agency”), issuing this Request for Proposal under the provisions of ORS 279B.060 for four (4) Low Water Rescue Boats.

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

Agency anticipates the award of one Price Agreement (Purchase Order) from this RFP.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

RFP Posted to OregonBuys July 6, 2023 1:00 PM PST

RFP Opening date July 31, 2023 9:00 AM PST

Issuance of Notice of Intent to Award (approx.) August 7, 2023

RFP Protest Period Ends

7 calendar days prior to RFP Opening

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, submittal or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

2.2 OVERVIEW AND PURPOSE

2.2.1 Agency Overview and Background

The Oregon Department of Emergency Management (ODEM) was established as a stand-alone State of Oregon agency on July 1, 2022, because of HB 2927 from the 2021 Legislative Session.

Previously, ODEM was the Office of Emergency Management (ODEM) within the Oregon Military Department (OMD). The creation of ODEM will effectively change our organization and

DAS Procurement Services, Version 4.4 July 1, 2021, Page 4 of 9 our ability to serve Oregonians. The expanded capabilities afforded in this transition will allow ODEM to work proactively in developing emergency response and recovery programs to meet the needs of a changing landscape.

The State Preparedness and Incident Response Equipment (SPIRE) grant provides equipment to local governments and other recipients for emergency preparedness.

Established by HB 2687 in 2017, the grant is funded by bond sales and only covers capital assets. ODEM purchases the equipment, owns the equipment, and makes it available for local use, the awardee is responsible for maintenance, insurance, staffing and response.

2.2.2 Specifications of equipment

See Attachment B Specification List

SECTION 3: PROCUREMENT REQUIREMENTS

3.1.1 Proposal Format and Quantity

Proposer shall submit one copy of its Proposal and Attachment E, price proposal electrically via email to the SPC listed on page one of the RFP.

3.2 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 and if an Intent to Award has been posted.

Amendment(s) are incorporated into the RFP by this reference.

3.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via email,

• Reference the OregonBuys bid number.

• Identify Proposer’s name and contact information.

• Refer to the specific area of the RFP being questioned (i.e., page, section and paragraph number)

3.3.1 Requirements for Protests

All protests must:

• Be delivered to the SPC via email, https://oregonbuys.gov/

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• Reference the OregonBuys bid number.

• Identify prospective Proposer’s name and contact information.

• Be sent by an authorized representative.

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

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

3.4 PROPOSAL MODIFICATION OR WITHDRAWAL

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

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

3.5 PROPOSAL DUE

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

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

3.6 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, sub-grant recipients 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

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3.7 EVALUATION PROCESS

3.7.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP Minimum Qualifications and 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 Price Agreement.

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

3.7.2 Evaluation Criteria

Evaluation Criteria

Score 10 - OUSTANDING Response meets all the specification requirements and has demonstrated understanding of the equipment needed. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

Score 6- 9 – VERY GOOD Response meets all the specification requirements, while showing knowledge within the equipment category.

Score 5 - ADEQUATE – Response meets all the specification requirements in an adequate manner.

Score 1-4 FAIR – Response meets minimum specification requirements but does not demonstrate sufficient knowledge of the subject matter.

Score 0- RESPONSE OF NO VALUE –Unacceptable response that does not meet the minimum specification requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

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

3.7.2.1 Tiebreakers

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

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3.8 POINT AND SCORE CALCULATIONS

The following criteria will be used to evaluate all responsive proposals for this request. Each criterion will be given a score, which can range from zero points to the maximum allowable points noted below, based on the evaluation of how well the proposal addresses and meets the needs of the agency. in accordance with the provisions of ORS 279b.070, the contract will be awarded to the responsible proposer whose proposal the agency determines to best serve the interests of the agency, taking into account price as well as other considerations including but not limited to, qualifications and ability to provide the requested services. proposed cost, although not the most important criterion, will be considered in the selection process to ensure that public funds are being managed appropriately. proposers are required to provide all information relative to the following:

POINTS POSSIBLE 100

Meets Hull Requirements 10

Boat Price 15

Trailer Price 5

Intake Overlay 10

Intake Stomp Grate 10 Bottom Protection (UHMW) 10

Jet Pump model 10

Engine 10

Delivery and Training 10

Value added product or services 10

3.9 AWARD NOTIFICATION PROCESS

3.9.1 Award Consideration

Agency, if it awards a Price Agreement, will award a Price Agreement to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described.

3.9.2 Intent to Award Notice

Agency will notify all Proposers electronically via OregonBuys, RFP solicitation that Agency intends to award a Price Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions. Proposer is solely responsible for checking OregonBuys to determine whether or not Agency intends to award a price agreement.

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3.10 INTENT TO AWARD PROTEST

3.10.1 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/Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

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

3.10.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email,

• Reference the OregonBuys bid number.

• Identify Proposer’s name and contact information.

• Be signed by an authorized representative of Proposer.

• Specify the grounds for the protest; and

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

3.10.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

3.11 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

3.11.1 Taxpayer Identification Number

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

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3.11.2 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/Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

3.11.3 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement 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.

SECTION 4: ADDITIONAL INFORMATION

4.1 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

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

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

http://sos.oregon.gov/business/pages/register.aspx

3.11 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS