RFP_S-62900-00009319_T3HeliJohnDay_REVISED_Final.pdf

RFP OregonBuys Bid # S-62900-00009319

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FORESTRY (ODF)

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number: S-62900-00009319 for

TYPE 3 STANDARD CATEGORY TURBINE POWERED

HELICOPTER

Date of Issue: February 08, 2024

Opening Date and Time: March 11, 2024, at 2:00 PM PST

Single Point of Contact (SPC): Stacy Fulker, Procurement Officer

Address: 2600 State Street, Bldg. E City, State, Zip: Salem, OR 97310 Phone (voice): 503-949-1774 Phone (fax): 503-945-7268 E-mail: stacy.l.fulker@odf.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.

mailto:stacy.l.fulker@odf.oregon.gov

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 AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

6.8 CHECKLIST DISCLAIMER

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

Exhibit A - Statement of Work

Exhibit B - Required Insurance

Exhibit C - Base Map

Exhibit D - Independent Contractor Certification

Exhibit E - Helicopter Summary

Exhibit F - Helicopter Pilot Summary

Exhibit G - Pricing

ATTACHMENT B – DISCLOSURE EXEMPTION

ATTACHMENT C – PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D – PROPOSER’S REFERENCES

ATTACHMENT D-1 – REFERENCE SCORE SHEET EXAMPLE

ATTACHMENT E – PRICE PROPOSAL

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G – HELICOPTER SUMMARY

ATTACHMENT G-1 – AIRCRAFT PERFORMANCE DESIRABLE FEATURES

ATTACHMENT H – HELICOPTER PILOT SUMMARY

ATTACHMENT H-1 – PRIMARY AND RELIEF PILOT DESIRABLE FEATURES

ATTACHMENT I - CHECKLIST

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Forestry, (“Agency” or “ODF”), is issuing this Request for Proposal (RFP) under the provisions of ORS 279B.060 for Type 3 Standard Category Turbine Powered Helicopter services (the “Services”).

The intent of this RFP is to obtain a contractor operated and maintained exclusive use Type 3 Standard Category turbine helicopter flight Services for 75 calendar days to support ODF wildfire operations. The helicopter will be used for transporting personnel, bucket work (application of water or other fire suppression chemicals) and movement of cargo.

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 Contract resulting from this RFP. The term of the Contract is anticipated to be a maximum of five 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 RFP.

Event Date Time

Pre-Proposal Conference N/A N/A

Questions / Requests for Clarification Due February 28, 2024 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) March 01, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal March 11, 2024 2:00 PM

Issuance of Notice of Intent to Award (approx.) March 25, 2024

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

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

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.025(2)(n) and ORS 477.406.

The Oregon Attorney General’s Model Public Contract rules (OAR Chapter 137, Divisions 46 and

47) apply to this solicitation.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 137-046-0110 or as defined below. Terminology specific to the State of Oregon’s electronic procurement system OregonBuys may be found at: https://oregonbuys.gov/.

“Cooperator Letter of Approval” means a letter issued by the United States Forest Service (USFS) and Department of Interior (DOI) approving ODF contracted aircraft and pilots for cooperative use on federal lands or federally managed fires.

“Daily Availability Rate” means the daily rate paid to Contractor for daily standby for the mandatory availability period and any extension terms.

“Daily Standby” means the minimum nine-hour period of time during which Contractor’s helicopter(s) and required personnel are immediately available for dispatch.

“Extended Standby” means the period of time beyond the Daily Standby, up to a maximum of 14 hours of total standby time for the day, during which Contractor’s helicopter(s) and required personnel are immediately available for dispatch.

“Extension Term” means an extension beyond the 75-day period in any given year of the Contract Term.

"FAA" means Federal Aviation Administration.

"FAR" means Federal Aviation Regulation.

“MAP” means Mandatory Availability Period of 675 minimum hours of Services availability (minimum of nine hours per day multiplied by 75 days).

“PIC” means Pilot in Command.

“PPE” means Personal Protection Equipment.

“Primary Base” means the designated location for aircraft, equipment, and personnel preposition.

https://oregonbuys.gov/

“RON” means remain over night for critical crewmembers. A status that authorizes reimbursements from ODF.

“Secondary Area of Operation” means any other operational location away from the Primary Base.

“USFS Carding” means cards issued by the USFS after successful pilot, aircraft, personnel, and equipment inspections. Federal carding or a Cooperator Letter of Approval allows federal agencies to utilize and reimburse ODF for utilization of helicopter(s) that will be contracted under this RFP.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

As Oregon’s largest fire department, ODF's Fire Protection Program protects 16 million acres of forest, a $60 billion asset. These lands consist of privately owned forests as well as some public lands, including state-owned forests and, by contract, US Bureau of Land Management forests in western Oregon. ODF is also part of an extensive fire protection network that includes landowner resources, contract crews and aircraft, adults in custody crews, and agreements with public agencies across Oregon, the US, and British Columbia.

2.3.2 Project Overview and Background

The helicopter Services under the Contract will be part of the ODF’s Protection Division’s Statewide Severity Program. Severity resources are in place statewide for aggressive initial attack to augment district’s existing resources. Severity resources are a key part of the complete and coordinated protection system in Oregon. Severity Program resources are designed to be a mobile workforce and are strategically located for anticipated events or threats. The success of the Severity Program is dependent upon efficient cost management and effective use of these resources. This includes supporting the ODF’s ability to supply resources to our federal partners when possible.

2.3.3 Purpose

The purpose of this RFP is to establish a Contract to provide one exclusive-use Type 3 Standard Turbine Helicopter for wildfire protection. The helicopter’s Primary Base will be located near John Day, Oregon.

The intent of this RFP is to obtain contractor operated and maintained exclusive use helicopter flight Services for 75 calendar days, or as extended (“Extension Term”), each year of the Contract Term, to support ODF wildfire operations. The helicopter will be used for personnel transport, bucket work (application of water or other fire suppression chemicals), and movement of cargo.

Aircraft proposed must meet USFS Carding specifications for standard category.

2.4 SCOPE OF WORK/SPECIFICATIONS

See Attachment A, Exhibit A for detailed specifications.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

The Contract requires compliance with the aircraft, equipment, and personnel specifications in the most current USFS National Helicopter Support Services Type 3 Multiple Award Task Order Contract (MATOC). As of September 2023, the solicitation number is 1202SA22R9203. This document can be reviewed online at:

https://sam.gov/opp/530adb9d16c24cf2b7793b362f04f73a/view

The Proposer must demonstrate with documentation from manufacturer that the aircraft has the capability to, at a minimum, lift 1200 pounds at 7,000 feet mean sea level (msl) at 30 degrees Celsius, with a 200-pound pilot, and 1.5 hours of fuel; equivalent to Category

3.1200 as identified in the USFS National Helicopter Support Services Type 3 Contract, Section B.

The Proposer must demonstrate that the aircraft, pilot(s), mechanic(s), and equipment meet federal approved standards by providing current USFS Carding or by providing proof of a pending review/inspection date for aircraft, equipment, and personnel by a federal inspector. An email from a federal inspector with a date of the scheduled review/inspection will meet this requirement in lieu of current USFS Carding. For aircraft, pilot(s), mechanic(s), and equipment with USFS card(s)/approval expiring before June 1, 2024, Proposer must also provide proof to the Agency via email of a federal inspection/review date from a federal inspector.

ODF may proceed with awarding the Contract in anticipation that the review/inspection will be passed, and federal carding will be approved for fire season. Aircraft, pilot(s), mechanic(s), and equipment must have federal approval prior to performing any Services on federal lands under the Contract. Failure to obtain the required federal approval may result in Contract termination.

To be considered for evaluation, the Proposal must demonstrate how Proposer meets all requirements outlined in Attachment A, Exhibit A – Statement of Work.

3.1.1 Certifications, Permits, and Licenses Requirements

See Attachment A, Exhibit A, Section 4 for requirements.

3.1.2 Specifications for Helicopter, Fuel Truck and Service Vehicle

See Attachment A, Exhibit A, Sections 3, 5-6 for specifications.

3.1.3 Key Persons Requirements

See Attachment A, Exhibit A, Section 7 for requirements.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Proposer Information and Certification Sheet (Attachment C);

• Proposer’s References (Attachment D);

• Price Proposal (Attachment E) – submit as its own pdf separate from other submissions;

https://sam.gov/opp/530adb9d16c24cf2b7793b362f04f73a/view

• Responsibility Inquiry (Attachment F);

• Helicopter Summary (Attachment G) – Only submit one, including:

o Copy of current USFS Card for helicopter in Proposer’s Proposal or email proof of inspection/review date from federal inspector (email proof of inspection/review date is also required when provided card expires before June 1, 2024);

o Copy of current USFS Card for fuel truck and/or service vehicle in Proposer’s Proposal or email proof of inspection/review date from federal inspector (email proof of inspection/review date is also required when provided card expires before June 1, 2024); and o Copy of current USFS Card for mechanic in Proposer’s Proposal or email proof of inspection/review date from federal inspector (email proof of inspection/review date from a federal inspector is also required when provided card expires before June 1, 2024).

• Aircraft Performance Desirable Features (Attachment G-1) – Only submit one, including:

o Interagency Helicopter Load Calculation form; and o FAA approved aircraft performance data (i.e., hover ceiling charts) and limitation used to compare gross weights and allowable payloads in the Interagency Helicopter Load Calculations.

• Helicopter Pilot Summary (Attachment H) – submit one for each pilot (primary and relief pilot), including:

o Copy of FAA Pilot Certificate for each pilot; and o Copy of current USFS Card for each carded pilot or email proof of inspection/review date from federal inspector (email proof of inspection/review date from federal inspector is also required when provided card expires before June 1, 2024).

• Primary and Relief Pilot Desirable Features (Attachment H-1) – Only submit one that includes both the primary and relief pilots.

Disclosure Exemption (Attachment B) – Only submit if applicable.

3.2.2 Proposal Format and Quantity

The Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

Proposer shall submit its Proposal electronically via email addressed to the SPC and include the RFP OregonBuys Bid Number within the subject line, on or before Opening. The Price Proposal must be submitted as a separate electronic response file.

ALL PROPOSALS MUST BE SUBMITTED BY EMAIL; ONE PDF ATTACHMENT IS

PREFERRED, EXCEPT THE PRICE PROPOSAL WHICH MUST BE SUBMITTED AS A

SEPARATE ELECTRONIC PDF ATTACHMENT.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature. 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 (Attachment B) and Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version. The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

3.2.3 Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in Section 3.2.1 and all other requirements set forth in this RFP. Proposer shall complete all required attachments completely and accurately.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. The Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet (Attachment C)

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

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.2 Proposer’s References (Attachment D)

Proposer shall complete and submit Proposer’s References (Attachment D), including reference names and contact information for three current or former client firms for similar projects performed for any clients within the last five years. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.3.3 Price Proposal (Attachment E)

Proposer shall complete and submit the Price Proposal (Attachment E), (the “Price Proposal”).

The Price Proposal must be submitted with the Proposal as a separate electronic file to the SPC, on or before Opening.

3.3.4 Responsibility Inquiry (Attachment F)

Proposer shall complete and submit the Responsibility Inquiry (Attachment F).

Failure to demonstrate Responsibility, as required under OAR 137-047-0500, may result in a finding of non-Responsibility.

3.3.5 Helicopter Summary (Attachment G)

Proposer shall complete and submit a Helicopter Summary (Attachment G) and provide a copy of the current USFS Card or email proof of inspection/review date from federal inspector for each aircraft, mechanic, and fuel truck and/or service vehicle that will be designated for use under the Contract. Email proof from a federal inspector of inspection/review date is also required if provided card(s) expires before June 1, 2024.

3.3.6 Aircraft Performance Desirable Features (Attachment G-1)

Proposer shall complete and submit an Aircraft Performance Desirable Features (Attachment G-1) for the aircraft designated for use under the Contract.

Provide a completed Interagency Helicopter Load Calculation form with Attachment G-1. Do not include the interagency weight reduction for the make and model of helicopter. The form can be found at:

https://www.doi.gov/sites/doi.gov/files/migrated/aviation/library/upload/OAS-67- Interagency-Helicopter-Load-Calculation.pdf

Submit FAA approved aircraft performance data (i.e., hover ceiling charts) and limitation used to compare gross weights and allowable payloads in the Interagency Load Calculations.

3.3.7 Helicopter Pilot Summary (Attachment H)

Proposer shall complete and submit a Helicopter Pilot Summary (Attachment H), one for each pilot (primary and relief pilot); provide a copy of the current USFS Card for each carded pilot or email proof of inspection/review date from federal inspector (email proof of inspection/review date from a federal inspector is also required if card expires before June 1, 2024).

Submit a copy of FAA Pilot Certificate for the primary pilot and relief pilot that will be designated to perform Services under the Contract.

3.3.8 Primary and Relief Pilot Desirable Features (Attachment H-1)

Proposer shall submit a completed Primary and Relief Pilot Desirable Features (Attachment H-1) for the primary pilot and relief pilot.

SECTION 4: SOLICITATION PROCESS

4.1 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.

4.2 PRE-PROPOSAL CONFERENCE

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

https://www.doi.gov/sites/doi.gov/files/migrated/aviation/library/upload/OAS-67-Interagency-Helicopter-Load-Calculation.pdf https://www.doi.gov/sites/doi.gov/files/migrated/aviation/library/upload/OAS-67-Interagency-Helicopter-Load-Calculation.pdf

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be submitted in Writing and 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); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be submitted in Writing and delivered to the SPC via email;

• Reference the OregonBuys Bid Number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

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

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

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

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment, or the second Business Day after issuance of the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in delivery by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Proposals must be emailed to the SPC identified on the cover page of this RFP. ALL

PROPOSALS MUST BE SUBMITTED BY EMAIL; ONE PDF ATTACHMENT IS PREFERRED,

EXCEPT THE PRICE PROPOSAL WHICH MUST BE SUBMITTED AS A SEPARATE

ELECTRONIC PDF ATTACHMENT. Please include the RFP OregonBuys Bid Number in the subject line of the email. If the Proposer is unable to submit a Proposal via email, Proposer must contact the SPC within a reasonable time period prior to the submission deadline to make arrangements for an alternate delivery or alternate format. ODF is not responsible for incomplete Proposals or Proposals that were not correctly addressed to email of SPC identified on the cover page. Only approved alternative delivery or formats may be accepted.

Proposals must be received by the SPC before the scheduled RFP Opening date and time, located on the cover page. Late Proposals will not be considered.

All costs associated with preparation, submission, modification, and withdrawal of a Proposal are the sole responsibility of the Proposer and will not be borne by the Agency. The Agency will not accept Proposals that require payment by the State.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in the authorized method 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, prior to the Opening in accordance with OAR 137-047-0440. To be effective the notice must include the OregonBuys Bid Number.

4.7 PROPOSAL DUE

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

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

4.8 PUBLIC OPENING

A public Opening will be held via electronic means on the date and time listed in the Schedule set forth in Section 1.2 or as changed by Amendment. A link to participate in the Opening will be posted on OregonBuys. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 137-047-0630.

4.9 PROPOSAL REJECTION

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

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

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

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

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

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

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness Determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with

OAR 137-047-0470.

4.10.1.2 Responsibility Determination

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

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

4.10.2 Evaluation Criteria and Scoring

Each Responsive Proposal will be independently evaluated by members of the Evaluation Committee. Evaluators will assign a score for each evaluation criterion up to the maximum points available. Points will be added for a final total score of up to 210 possible points.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.2.1 Desirable Features

Desirable Features will be evaluated by the Evaluation Committee on the following point system:

Item Maximum Points Aircraft Performance Desirable Features 30 Points Primary and Relief Pilot Desirable Features 80 Points

Total Point Allocation for Desirables 110 Points

Proposals will be scored by the evaluators on helicopter performance and pilot Desirable Features. Scores will be totaled and assigned to the Proposal(s). Points will be awarded based upon how well Proposer's response to Desirable Features meets the Agency’s desired requirements. Maximum point values are assigned to indicate the relative importance of each desirable. All final scores will be rounded to the nearest whole number. Details on scoring criteria are provided in each attachment (See Attachments G- 1 and H-1).

4.10.2.2 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 (Maximum price score possible is 70 points):

lowest price of all Proposers

X price points possible price score price being scored

Each individual price point score will be rounded to the second decimal and the final total price point score will be rounded to the nearest whole number (see example within Attachment E - Price Proposal).

4.10.2.3 Reference Scoring

References will be evaluated by the Evaluation Committee and scored for a maximum of 30 possible points (See Attachment D).

The Proposer must provide a minimum of three references. If the Proposer provides fewer than three references, the Proposer may be deemed non-Responsive.

Past performance is a measure of the degree to which the Proposer satisfied its customers in the past and complied with federal, state, and local laws and regulations.

References as listed will be contacted regarding the quality of past performance of services in the following topic areas:

• Timeliness/responsiveness/effectiveness;

• Customer satisfaction with services received;

• Knowledge / experience / safety;

• Overall quality of work performed;

• Performed within proposal amount; and

• Financial capability to maintain aircraft and personnel in the field.

Each reference will be asked a total of six questions. Maximum possible points per reference are 30 points (up to five points possible for each question). Each reference contacted will be asked the same questions. The total reference points received from all reference contacts will be added together and divided by number three, which will result in a maximum of 30 possible points that may be awarded for references. See Attachment D-1 - Reference Score Sheet Example (immediately following the Proposer’s References form).

Members of the Evaluation Committee will attempt to contact all references provided by each Proposer. The Committee will make up to three attempts to contact each reference provided by the Proposer. For each reference the Committee is unable to contact, the Proposer will receive zero points for that reference.

Failure to provide complete and accurate information may be cause for Proposal rejection.

The Proposer must provide customer references that can be contacted regarding the quality of the service provided (Current and past customers).

Each reference must have been under a separate contract (for example, it is not acceptable to have three State of Oregon government agencies which use the same contract count as three separate references).

ODF reserves the right to investigate any customer references, whether or not furnished by the Proposer, and past performance of any Proposer in respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a product or service on schedule, and its lawful payment of suppliers, sub-contractor(s), and employees. ODF may reject a Proposal if, in the opinion of ODF, overall reference responses indicate inadequate performance.

4.10.3 PREFERENCES

4.10.3.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency will subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.3.2 Reciprocal Preference

For evaluation purposes per OAR 137-046-0310, Agency will add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.3.3 Recycled Materials

Agency will give preference to 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.

4.10.3.4 Tiebreakers

https://www.naspo.org/reciprocity1

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

4.11 POINT AND SCORE CALCULATIONS

Points are the total possible for each section as listed in the table below. Explanation of how items listed below will be scored is provided within the applicable attachments referenced within each section in the table below.

TOTAL POINTS POSSIBLE: 210

Section Proposal Element Points Possible

3.3.6 Aircraft Performance Desirable Features 30

3.3.8 Primary and Relief Pilot Desirable Features 80

4.10.2.3 Proposer’s References 30

4.10.2.2 Price Points Possible 70

4.12 RANKING OF PROPOSERS

The allocated Desirable Features point score total will be added to the Price score total and the References score total for a grand total point score of Proposer's Proposal. Maximum points possible for this RFP is 210.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in the Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, the Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.13 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 Competitive Range Determination

If the Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it Awards a Contract, will Award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

Agency may Award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract Award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

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

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

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

Chapter 279B or ORS Chapter 279A.

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

5.2.2 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys Bid Number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

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

5.2.3 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.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer who is selected for a Contract Award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to Award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

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

5.3.4 Pay Equity Certification

If selected for Award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

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

5.3.5 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.

5.3.6 Register on OregonBuys

If selected for Award, Proposer must register on OregonBuys: https://OregonBuys.gov

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), except for those terms listed below for negotiation.

Proposer shall review the attached Sample Contract (Attachment A) and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract (Attachment A), Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate all items, except those listed below:

• Choice of law;

• Choice of venue;

• Constitutional requirements; and

• Requirements of applicable federal and State law.

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

SECTION 6: ADDITIONAL INFORMATION

6.1 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 prior to execution.

6.2 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 consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if Awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer.

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

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

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

6.5 COST OF SUBMITTING A PROPOSAL

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

6.6 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. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.7 RECYCLABLE PRODUCTS

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

6.8 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.

https://www.oregon.gov/das

2.4 SCOPE OF WORK/SPECIFICATIONS