RFP OSU Collins Demonstration Forest Thinning Enhancement project 2023.pdf

RFP OregonBuys S-63500-0000XXXX– Oregon State University’s Collins Demonstration Forest Habitat Enhancement Project Phase II 2023 ODFW-460-22

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Oregon State University’s Collins Demonstration Forest Habitat Enhancement Project Phase II 2023

Intermediate Request for Proposal (RFP)

OREGONBUYS S-63500-00005395

Date of Issue: January 9, 2023

Closing Date: February 17, 2023 @ 2:00 PM

Single Point of Contact (SPC): Alan Hansen, Address: 4034 Fairview Industrial Drive SE

City, State, Zip Salem, Oregon 97302

Phone (voice) (503) 947-6134

Phone (fax) (503) 947-6156

E-mail: alan.s.hansen@state.or.us

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

mailto:alan.s.hansen@state.or.us

RFP OregonBuys S-63500-0000XXXX– Oregon State University’s Collins Demonstration Forest Habitat Enhancement Project Phase II 2023 ODFW-460-22

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 DEFINITION OF TERMS

2.3 OVERVIEW

The Oregon Department of Fish and Wildlife (ODFW) is responsible for managing Oregon’s fish and wildlife resources………………. .................................................. Error! Bookmark not defined.

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 PROCUREMENT PROCESS

3.3 OFFER CONTENT REQUIREMENTS

3.4 EVALUATION PROCESS

3.5 PRICE EVALUATION

3.6 NEXT STEP DETERMINATION

3.7 PREFERENCES

3.8 POINT AND SCORE CALCULATIONS

3.9 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF RFP; REJECTION OF OFFERS; NO DAMAGES

5.5 COST OF SUBMITTING A PROPOSAL

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

SECTION 6: RFP ATTACHMENTS

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SECTION 1: GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Department of Fish and Wildlife, (“Agency” or “ODFW”), is issuing this Request for Proposal to enhance habitat associated with oak woodlands and open pine forests at Oregon State University’s Collins Demonstration Forest, near Gold Hill, Oregon. This project builds on the 2021 ODFW-funded habitat enhancement project at Collins, which treated 27 acres in two blocks. The proposed 2022-2023 project has the same objectives and a similar prescription to the 2021 project, and treats up to 27 acres, depending on contract costs and available funding. The proposed 2022-2023 subunits are prioritized as very high (A-12.7 acres), high (B-11.0 acres), and moderate (C-3.3 acres), for a total of 27 acres.

The Work is to be performed after the date of last contract signature through May 31, 2023, with invoicing on or before June 30, 2021. Agency anticipates the award of one Contract from this solicitation.

1.1 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.

Event Date Time

Pre-Proposal Conference/Site Visit February 9, 2023 9:00 AM

Questions / Requests for Clarification Due February 13, 2023 3:00 PM

Closing (Proposal Due) February 17, 2023 2:00 PM

Issuance of Notice of Award (approx.) February 22, 2023

1.2 SINGLE POINT OF CONTACT (SPC)

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

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 496.146 (11).

Agency is using the solicitation method, pursuant to ORS 279B.070 and OAR 137-047-0270.

2.2 DEFINITION OF TERMS

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

2.2.1 General Definitions

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

2.3 OVERVIEW

Specific objectives

• Restore and retain open oak and pine habitat, including large, canopied oaks and large diameter ponderosa and sugar pine

• Retain and promote large overstory hardwoods (both oaks and madrone)

• Increase cover of native grasses and forbs

• Maintain a mosaic of open and more dense cover across the unit, with some skips and gaps

• Improve the vigor of overstory pines

• Recruit a small number of vigorous midstory and seedling/sapling pines and oaks as replacement over time

• Retain some vigorous Douglas-fir and incense cedar, where present, to maintain species diversity

• Reduce fuel loading and crown fire potential

2.4 SCOPE OF WORK

Treatment summary

The main objective of the treatment is to promote and enhance open pine and oak habitats while maintaining a mosaic of open and dense habitat, shrub patches, and other habitat features across the unit. The treatment will involve chainsaw cutting and hand piling of small diameter (<8” DBH) conifers and hardwoods, with a primary emphasis on reducing the abundance and density of Douglas-fir and madrone. Some madrone to be cut may be treated with an herbicide prior to cutting to reduce stump sprouting. Small diameter pines and oaks will be thinned only when they are under the dripline of larger leave trees or when they are in poor condition, as expressed by crown ratio and other health indicators.

Some Douglas-fir and incense cedar <8” DBH will be retained for diversity when they are http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

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DAS Procurement Services, Version 4.0 – March 25, 2018 Page 5 of 57 exceptionally vigorous and/or growing on more favorable microsites; these will be flagged by PM. Whiteleaf manzanita on the site is generally decadent and poses a significant fuel hazard; manzanita shrubs <5” DBH will be cut and piled. Dead and down manzanita will also be piled. Some individual manzanita shrubs and shrub patches will be retained for habitat; these retention patches will be flagged by PM.

In addition to the thinning slash, dead and down natural material 2”-6” in diameter will be incorporated into piles to reduce fuel loads. Rotting logs will be left in place. Dead trees/snags greater than 8” DBH and larger will be retained; those <8” DBH will be cut and piled, unless flagged for retention. These will generally be snags that show signs of wildlife use.

Areas within the treatment boundary that have shallower soils and an Oregon white oak component (these two usually go together) will be enhanced with heavier thinning to serve as openings. Openings will not necessarily be completely free of trees but will be thinned to retain larger pines and oaks and a few viable replacement trees of these species, if present.

An exception to the 8” size limit for cut trees will occur when there are 8”-12” DBH that are under/within the dripline of dominant Oregon white oak or California black oak trees.

There trees will be flagged and cut by the PM or will receive a hack-and-squirt treatment and be left as snags. Any cutting of trees >8” DBH under this prescription will be undertaken by the PM and is outside the scope of the thinning contract.

Slash pile should be located and built according to the specifications below. Piles should be covered with plastic immediately after building. Slash piles should not be placed adjacent to and below leave trees (within 15’).

Safety and Regulatory Compliance Notes

Forest Practices Act compliance: All applicable laws and rules set forth by the Oregon State Forest Practices Act and others identified in this RFP must be followed at all times. Prior to commencing operation, the PM will file a Notification of Operations (NOAP) with the Oregon Department of Forestry, listing the contractor as the operator.

Retention of snags greater than 8” will be a priority when those snags do not pose a safety hazard to contractors or crews working around them.

Priority Subunits Acres

A 1, 2, 6 12.7

B 3, 5, 7, 8, 9 11.0

C 4 3.3

Total acres 27.0

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Collins Forest Habitat Improvement Project Thinning & Piling Specifications

CUT:

• Douglas-fir less than 8” diameter

• Incense cedar less than 8” diameter

• Madrone less than 8” diameter

• Manzanita brush less than 5” diameter

• Trees with pink flagging or paint Diameter is always measured at chest height (4.5’ above ground)

Madrone sprout clumps (several stems coming out of one stump or root system):

• If all stems in the clump are less than 8”, cut all the stems in the clump

• If one or more stems is the clump is 8” diameter or larger, cut only the stems in the clump that are less than 5” in diameter

DO NOT CUT:

• Oak trees, except if flagged or painted in pink

• Pine trees, except if flagged or painted in pink

• Brush (except manzanita)

• Trees or shrubs of any species with green flagging

Flagging color Means…

Green Do not cut this tree Pink Cut this tree

Red Skip boundary - Do not cut inside this boundary

Orange Cutting area boundary

PILING:

• Pile thinning slash AND dead and downed natural material >2” and <6” in diameter

• Do not build piles on logs or stumps or in roadways

• Select pile locations that will not damage leave trees during pile burning operations.

• Cover with plastic

• See detailed specifications below

Piling specifications

• Pile all thinning slash

• Pile dead and downed natural material >2” in diameter and <6” in diameter

• Logs 6” and larger, small end diameter, of any species may be left on the ground, but their limbs should be cut and piled.

• Pile generated slash of less than 6” in diameter and greater than 2’ in length into piles of approximately 4’ X 4’ X 4’, not to exceed 6’ X 6’ X 6’. Construct piles by laying limbs, stems, cut boles, and other slash in the pile parallel with each other and perpendicular to the slope contour. Cut and pile slash in ways that eliminates large

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DAS Procurement Services, Version 4.0 – March 25, 2018 Page 7 of 57 air spaces. Include an area of small sized slash in the bottom-center of the pile (small branches less than ¼ to ½ inch in diameter and/or small branches with needles or leaves attached) to provide “kindling” for prompt ignition and to aid in combustion of larger slash pieces

• Do not build piles on logs or stumps, in roadways or drainage ditches, in buffer zones, or within channel bottoms or streams unless designated otherwise by the

PM.

• Carefully select pile locations that will not damage leave trees during pile burning operations. Do not build piles within 15’ or underneath the dripline of overstory leave trees that are 12” DBH and larger.

• Cover piles with 4-mil polyethylene plastic (or other material approved by PM) for pile burning, to cover at least 50% of the surface of each pile, including at least 40% of the horizontal surface, with a maximum plastic size of 6’ x 6’. Anchor all four corners and the middle of the plastic sheet with slash or other debris, and cover at the time of piling. Contractor to supply plastic.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Offer Format and Quantity

Offer should follow the format and reference the sections listed in the Offer Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offer must describe in detail how requirements of this solicitation will be met and may provide additional related information.

3.1.2 Authorized Representative

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

3.2 PROCUREMENT PROCESS

3.2.1 Public Notice

The solicitation, including all Addenda and attachments, are published in the and may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso.

Contact the Purchaser identified in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

Bidders are solely responsible for checking OregonBuys regularly until the Bid Opening Date and time specified in OregonBuys to assure that they have not missed any Addenda or other notices issued as “Amendments” in OregonBuys for this ITB.

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Bidder shall provide required information on the forms specified in this ITB. Any information Bidder submits that is not required to be included on forms prescribed by this ITB must be formatted in the manner called for in this ITB and submitted on Bidder’s letterhead.

Bidder shall not make the Bid contingent upon ODFW acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB. Bidder must select “Yes” on the Terms & Conditions tab in OregonBuys, or the Bid will be rejected.

Questions / Requests for Clarification

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

• Be submitted in writing via mail, fax, or email to the SPC

• Reference the RFP number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the solicitation 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

3.2.2 Offer Conference

A pre-Offer conference will be held at the date and time listed in the Schedule.

Prospective Offerors’ participation in this conference is mandatory.

The purpose of the pre-Offer conference is to:

• Provide additional description of the project;

• Explain the solicitation process; and

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

Statements made at the pre-Offer conference are not binding upon Agency. Offerors may be asked to submit questions in Writing.

3.2.2.1 Attendance at Pre-Offer Conference

Mandatory site visit – February 9, 2023 @ 9:00 AM. Meet at 4216 Sardine Creek Right Fork Rd, Gold Hill, OR 97525 (Collins Demonstration Forest Parking Area).

3.2.3 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Closing. Agency is not responsible for any

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3.2.3.1 Submission through US Mail or Parcel Carrier

An Offer may be submitted through the mail or via parcel carrier, and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Offeror’s name and the RFP number and title. It must be sent to the attention of the SPC at the address listed on the Cover Page.

3.2.3.2 Submission in Person

An Offer may be hand delivered and must be clearly labeled and submitted in a sealed envelope, package or box. A Proposal will be accepted, prior to Closing, during Agency’s normal Monday – Friday business hours of 8:00 a.m. to 5 p.m. Pacific Time, except during State of Oregon holidays and other times when Agency is closed. The outside of the sealed submission must clearly identify the Offeror’s name and the RFP number and title. It must be delivered to the attention of the SPC at the address listed on the Cover Page.

3.2.3.3 Submission via Email or Facsimile

An Offer may be submitted via email as an attachment or via facsimile (Fax). It must be emailed to the SPC at ODFW.Bids@state.or.us or faxed to the fax number listed on the Cover Page. The Subject line or cover sheet must reference the RFP number and title.

3.2.4 Modification or Withdrawal of Proposals

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the Offer Submission Options section and must denote the specific change(s) to the Offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Closing. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 137-047-0440. The notice must include the RFP number and be submitted to the SPC.

3.2.5 Offer Due Date

Offer and all required submittal items must be received by the SPC on or before Closing.

Offer received after the Closing will not be accepted. All Offer modifications or withdrawals must be completed prior to Closing.

Offers received after Closing are considered LATE and will NOT be accepted for evaluation. Late Offers will be returned to the respective Offeror or destroyed.

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3.2.6 Offer Rejection

Agency may reject an Offer for any of the following reasons:

• Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the Offer in ink.

• Offeror fails to meet the responsibility requirements of ORS 279B.110.

• Offeror makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

• Offer 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 Addenda.

3.2.7 Opening of Offers

There will be no public Opening of Offers. Offers 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 Offerors after Opening.

3.3 OFFER CONTENT REQUIREMENTS

Offer must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Goods to be provided or the Services to be performed or both. An Offer that merely offers 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.

3.3.1 Offer Information and Certification Sheet

The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C).

3.3.2 Reference Check Form

Submit the Reference Check form (Attachment D) Provide at least three (3) references from current or former client firms for similar projects performed for any clients within the last three (3) years. References must verify the quality of previous, related Work.

References are worth 5 points each, totaling 15 possible points in the evaluation process.

Agency may check to determine if references provided support Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain

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3.3.3 Costs

Submit a detailed Cost Sheet (Attachment E) stating the price for services requested, to include all required material, equipment, labor, and performance of all Work, in a lump sum and detailing the unit price per acre.

3.3.4 COBID Certification/Outreach Plan

The Offeror shall complete and submit a COBID Certification/Outreach Plan (Attachment F).

3.3.5 Responsibility Inquiry

The Offeror shall complete and submit a Responsibility Inquiry (Attachment G).

3.3.6 Qualifications Form

The Offeror shall complete and submit a Qualifications Form (Attachment H).

3.3.7 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer 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), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror 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 Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

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

3.4 EVALUATION PROCESS

3.4.1 Responsiveness and Responsibility Determination

Offers received prior to Closing will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and Offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

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At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.4.2 Evaluation Criteria

Offers meeting the requirements outlined in the Offer 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 Offers. A response to a clarification request must be to clarify or explain portions of the already submitted Offer and may not contain new information not included in the original Offer.

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SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Offeror provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response 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 Offeror.

1 – 4 FAIR – Offeror meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the solicitation. Offeror has not demonstrated knowledge of the subject matter.

3.4.2.1 References

o Does the Work performed for the reference include similar work as described in this RFP?

o Does Reference confirm work was performed as specified?

o Was the Work Completed on time and within budget?

3.4.2.2 Qualifications

o Do the projects listed in the company work history consist of similar work?

o How many of the projects have been performed for a public agency?

3.4.2.3 Understanding of Requested Services

o Does the description of the understanding of requested services meet needs outlined in specifications?

o Is the company’s proposed process adequate to meet work needs specified?

3.4.2.4 Company and Employee Safety Training

o Does the company provide or require employees to attend safety training?

o What is the frequency of required training?

o Does the company employ staff certified in safety training?

3.5 PRICE EVALUATION

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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 Offeror’s price using the following formula:

lowest price of all Offerors X price points possible = price score price being scored

3.6 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 Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors 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 Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.7 PREFERENCES

3.7.1 Recycled Materials (Not Applicable)

In comparing Goods from two or more Offerors, if at least one Offeror offers Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

3.7.2 Tiebreakers

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

3.8 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

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

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The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

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

TOTAL POINTS POSSIBLE : 100

CRITERIA AND POINTS POSSIBLE

3.4.2.1 References 15

3.4.2.2 Qualifications 20

3.4.2.3 Understanding of Requested Services 15

3.4.2.4 Company and Employee Safety Training 15

3.5 Cost 35

EXAMPLE:

Offeror A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Offeror A’s points for the criterion is 45.

3.9 RANKING OF OFFERORS

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 Offer and Offeror, 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

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3.

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

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4.1.2 Notice of Award

Agency will notify all Offerors in Writing that Agency is awarding a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Offeror 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 Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to Offer submission.

4.2.2 Taxpayer Identification Number

The apparent successful Offeror 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 Offeror 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.

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an Offer, Offeror 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. Offeror shall review the http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

RFP S-63500-00005395 – Oregon State University’s Collins Demonstration Forest Habitat Enhancement Project

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 17 of 57 attached Sample Contract and note exceptions. Unless Offeror notes exceptions in its Offer, the State intends to enter into a Contract with the successful Offeror 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.

Offeror 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 Offers.

Any Offer 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 Offeror 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 10 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Offeror.

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&T N=oregon4biz

If the Contract has potential subcontracting opportunities, the successful Offeror 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 https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

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DAS Procurement Services, Version 4.0 – March 25, 2018 Page 18 of 57 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 Offers submitted in response to this RFP become the Property of Agency. By submitting an Offer in response to this RFP, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating an Agreement, if awarded to Offeror, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

Offers, including supporting materials, will not be returned to Offeror unless the Offer is submitted late.

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

Pursuant to ORS 279B.100, Agency may reject any or all Offers 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 Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

5.5 COST OF SUBMITTING A PROPOSAL

Offeror shall pay all the costs in submitting its Offer, including, but not limited to, the costs to prepare and submit the Offer, 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, Offeror shall include information in its Offer 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

Offeror 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)

SECTION 6: RFP ATTACHMENTS

http://www.oregon.gov/DAS

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ATTACHMENT A – SAMPLE CONTRACT

State of Oregon

Contract for Services

This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Oregon Department of Fish and Wildlife (“Agency” or “ODFW”) and ________, a [_______][doing business as _____] (“Contractor”) and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Name and Title **Address

**City, State ZIP Phone: (xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx anyname@yahoo.com

Agency's Contract Administrator for this Contract is:

Dylan Edwards, Habitat Biologist Oregon Department of Fish and Wildlife Rogue Watershed District Office 1495 East Gregory Road Central Point, Oregon 97502 Phone: (541)826-8774 ext. 247 Fax: (541-826-8776 Jack.d.edwards@state.or.us

Either party may change its Contract Administrator by providing the other notice in compliance with Section 17.6 of this Contract.

1. Contract Term.

The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and, approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates on June 30, 2023. The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence:

2.1. this Contract less all exhibits.

2.2. Exhibit D, (Federal Terms and Conditions).

2.3. Exhibit C RESERVED

2.4. Exhibit A (Statement of Work).

2.5. Exhibit B (Required Insurance), and

2.6. Exhibit E (Independent Contractor Certification)

The foregoing documents and Exhibits are attached hereto and made a part of the Contract by this reference.

mailto:anyname@yahoo.com mailto:Jack.d.edwards@state.or.us

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3. Services.

3.1. Performance of Services. Contractor shall perform the services (the “Services”) and deliver to agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Contract.

3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work.

Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has the characteristics and otherwise meets the acceptance criteria set forth in the Statement of Work. If Agency determines that the Deliverables has the characteristics and meets acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s acceptance of the Deliverables.

3.3. Rejection of Deliverables; Corrections. If Agency determines that a Deliverables does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15-business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor's delivery of the Deliverables. Failure of the Deliverables to have the characteristics or meet in all material respects the acceptance criteria set forth in the Statement of Work after the second submission will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default provided for by law or the terms of this Contract.

4. Compensation.

4.1. Not to Exceed Compensation. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $***,***.**.

Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract and will not pay for Services performed before the Effective Date or after the expiration or termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Services subject to the amendment.

4.2. Payments. Payments, including interim payments, to Contractor are subject to ORS 293.462, will be made only for completed and accepted Deliverables and Services, and will be made in accordance with the payment schedule and requirements set forth in Exhibit A.

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4.3. Invoices. Contractor shall submit invoices to Agency as set forth in the Statement of Work or, if not set forth therein, to Agency’s Contract Administrator. Contractor may submit invoices in accordance with the payment schedule set forth in the Statement of Work or, if no payment schedule is set forth therein, then no more frequently than once per month for accepted Deliverables and Services The invoices must describe all Services performed with particularity, including the dates Contractor performed the Services for which it is requesting payment, and by whom the Services were performed and shall itemize and explain all expenses that this Contract requires Agency to pay and for which Contractor claims reimbursement. [OPTIONAL: Each invoice must also include the total amount invoiced to date by Contractor prior to the current invoice. Contractor will specifically note in the appropriate invoice when it has requested payment for one-third and two-thirds of the maximum, not-to-exceed compensation.]

4.4. Expenses. Agency will not pay or reimburse any expenses incurred by Contractor during the completion of the Services except as authorized in the Statement Work or elsewhere in this Contract. Any such authorized travel expenses must comply with the Oregon Travel Policy available on the Internet at:

http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf

4.5. Funds Available and Authorized. Contractor will not be compensated for Services performed under this Contract by any agency or department of the State of Oregon other than Agency. Agency believes it has sufficient funds currently available and authorized for expenditure to make payments under this Contract within Agency’s biennial appropriation or limitation. Contractor understands and agrees that Agency’s payments under this Contract are contingent on Agency receiving appropriations, limitations, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.

5. Contractor’s Personnel.

5.1. Key Persons. Contractor acknowledges and agrees that Agency selected Contractor, and is entering into this Contract, because of the special qualifications of Contractor's key persons identified in the Statement of Work (each a “Key Person” and, together, “Key Persons”). Neither Contractor nor a Key Person may delegate performance of the powers and responsibilities that a Key Person is required to provide under this Contract to another Contractor employee, subcontractor or agent without first obtaining the written consent of Agency. Further, Contractor may not re-assign or transfer a Key Person to other duties or positions such that the Key Person is no longer available to provide the Agency with the required expertise, experience, judgment, and personal attention, without first obtaining Agency's written consent to such re-assignment or transfer, which Agency will not unreasonably withhold or delay. Notwithstanding the foregoing, Contractor may replace a Key Person in the event the Key Person is no longer available due to circumstances beyond Contractor’s reasonable control, such as death, illness, or termination of employment with Contractor. In the event Contractor requests that Agency approve a re-assignment or transfer of a Key Person, or if Contractor must replace a Key Person, Agency may interview, review the qualifications of, and approve or reject the proposed replacement for the Key Person. Any such replacement must have substantially equivalent or better qualifications than the Key Person being replaced. Any replacement personnel approved by Agency in writing (email acceptable) will thereafter be deemed a Key Person for purposes of this Contract, and the Statement of Work will be deemed amended to include such Key Person.

http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf

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5.2. Payment for Replacement Key Personnel. If Agency is paying Contractor on an hourly or other periodic basis, then Contractor will not charge Agency, and Agency will not pay, for a replacement Key Person while such replacement acquires the project knowledge and skills necessary to perform the Services. Such period of non-charge will be agreed upon by the parties.

5.3. State Premises. Contractor and Contractor staff shall comply with all policies, rules, procedures, and regulations established by Agency and the State for access to and activities in and around premises controlled by Agency or any other agency of the State.

6. Independent Contractor; Responsibility For Taxes And Withholding

6.1. Independent Contractor. Contractor shall perform all Services as an independent contractor. Agency reserves the right (i) to determine and modify the delivery schedule for the Services and (ii) to evaluate the quality of the Services; however, Agency may not and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of performing the Services.

6.2. No Conflicts. Contractor, by signature to this Contract, represents and warrants that Contractor’s performance of the Services under this Contract creates no potential or actual conflict of interest as defined by ORS 244; and no statutes, rules or regulations of any State of Oregon or federal agency for which Contractor currently performs work would prohibit Contractor from performing the Services under this Contract.

6.3. Affiliation. Contractor understands and agrees that it is not an "officer," "employee," or "agent" of the State of Oregon, as those terms are used in ORS 30.265 or otherwise.

6.4. Taxes and Benefits. Contractor is responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this…