RFP S-63400-00002859.pdf

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STATE OF OREGON

COVER PAGE

Oregon Parks and Recreation Department (OPRD) Is issuing this Request For Proposals (RFP) under

OregonBuys Bid Number S-63400-00002859 for

RESTORATION OF MCGIFFERT LOG LOADER AND 3

SKELETON RAIL CARS DAMAGED IN 242 FIRE

Date of Issue: Friday, April 22, 2022, 12:22 p.m., PST

Closing Date and Time (Proposal Due): Wednesday, May 25, 2022, 3:00 p.m., PST

Single Point of Contact (SPC): Nameun House, Procurement and Contract Specialist

Address: 725 Summer Street NE, Suite C City, State, Zip Salem, Oregon 97301 Phone (voice) 971-375-8289 E-mail: Nameun.House@oprd.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:Nameun.House@oprd.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 SCOPE OF WORK/SPECIFICATIONS: ATTACHMENT A – SAMPLE CONTRACT

IMPORTANT: See Exhibit A of the Attachment A – Sample Contract for Scope, Specifications, and Services of this

RFP

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 PROTESTS10

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

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

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Parks and Recreation Department (“OPRD” or “Agency”), is issuing this Request for Proposal (RFP) under the provisions of ORS 279B.060 and OAR 137-047-0260 and other applicable provisions of law for restoring the 242 Fire-damaged, historic logging equipment: the McGiffert Log Loader and 3 skeleton rail cars (flatcars) featured in an outdoor museum at the Collier Memorial State Park in Chiloquin, Klamath County in Oregon.

Parts of the 3 skeleton rail cars sit under the McGiffert Log Loader. The McGiffert Log Loader top was heavily damaged while the bottom skeleton rail cars received light damage. Contractor shall be responsible for loading and moving all items and equipment to and from Contractor’s facility for all work due to archeological concerns.

Agency anticipates the award of one Contract from this RFP.

Time of the essence of this Contract. The Contract is anticipated to end before July 31, 2024 due to the FEMA’s Fire Management Assistance Grant (FMAG) funding availability.

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 and Time

Questions / Requests for Clarification Due

Friday, May 06, 2022, 3:00 p.m., PST Submitted to the SPC via an OregonBuys submission or email at: Nameun.House@oprd.oregon.gov

Pre-Proposal Conference Wednesday, May 04, 2022, 10:00-11:00 a.m., PST See 4.2 for the virtual meeting link to Microsoft Teams Meeting or call in#.

Answers to Questions / Requests for Clarification Issued (approximate)

Wednesday, May 11, 2022, 5:00 p.m., PST Posted by the SPC via an OregonBuys as an Amendment.

RFP Protest Period Ends 7 calendar days prior to RFP Closing.

Closing (Proposal Due)

Wednesday, May 25, 2022, 3:00 p.m., PST OregonBuys at https://oregonbuys.gov/bso/

Opening Proposals shall be opened at OregonBuys on Wednesday, May 25, 2022, 3:00 p.m., PST

Issuance of Notice of Intent to Award (approximate)

After evaluation is completed and the winning Contractor is selected, Notice of Intent to Award will be posted on OregonBuys at https://oregonbuys.gov/bso/

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.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 (6)(d) and ORS 390.121.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047- 0260 and other relevant provisions of law related to Competitive Sealed Proposals.

Agency is issuing this RFP under approval from FEMA’s Hazard Mitigation Grant Program (HMGP), a post-fire assistance under Fire Management Assistance Grant (FMAG) for Agency to complete restoring McGiffert Log Loader and 3 skeleton rail cars damaged by the 242 Fire. Contract awarded under this RFP must be in accordance with Appendix II to 2 CFR Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.

2.2 DEFINITION OF TERMS

Any capitalized but undefined term in this RFP has the meaning specified for that term in OAR 137-046- 0110 if the term is defined therein. For the purposes of this RFP, the following definitions are used:

“Agency” or “OPRD” means Oregon Parks and Recreation Department.

“FEMA” means the US Federal Emergency Management Agency.

“FMGA” means FEMA’s Fire Management Assistance Grant.

“HMGP” means FEMA’s Hazard Mitigation Grant Program.

Terminology specific to the OregonBuys system is listed below:

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda,” as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date

“Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 137-046-0110(21) will immediately occur.

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing MBPO (i.e., any form of contract; agreement; price agreement or on-call contract, etc.; purchase order; or work order contract.

Master Blanket Purchase Order

(“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.;

purchase order; or work order contract.

Quote Any form of Bid submission by vendors; i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

2.2.1 Agency Overview and Background

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The mission of the OPRD is to provide and protect outstanding natural, scenic, cultural, historic and recreational sites for the enjoyment and education of present and future generations.

2.2.2 Project Overview and Background

Collier Memorial State Park features an outdoor historic logging museum of rare, antique logging equipment, relocated pioneer village and a new four-corral, primitive horse camp and trailhead. The museum has been featuring rare, antique logging equipment dating back to the 1880s, including McGiffert# 678, 1 of the 7 original McGiffert loaders surviving today in the world (only 5 exist in the U.S.

today) since they were first built in around 1902. The AAA Editor states that the museum as “one of the largest collections of logging artifacts in the nation." In 2005, Agency in collaboration with Oregon State Parks Trust, the Friends of Collier Park & Logging Museum, carefully restored logging machinery, railroad equipment, historic buildings, and other museum artifacts. Interpretive displays, signs, and other materials were also updated. As a result, Collier Memorial State Park has become an excellent museum with a world-class collection of logging equipment and artifacts.

Unfortunately, the 242 Fire that broke out in September 2020 burned more than 14,000 acres in Klamath County and heavily damaged the park. Agency has been working closely with the Klamath Tribes, the statewide Debris Management Task Force, volunteers, and other partners on recovering the fire-damaged park. The McGiffert Log Loader and 3 skeleton rail cars were partially destroyed in the September 2020, 242 Fire at the Collier Memorial State Park: Collier Logging Museum.

The HMGP approved Agency a post-fire assistance under FMAG for the agency to restore the McGiffert Log Loader and 3 Skeleton rail cars by July 31, 2024.

OPRD understand that there is no business that specializes in restoring McGiffert Log Loader and Skeleton rail cars as the equipment is specialized and rare. The Successful Proposer must meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

Due to the funding source, the Project must meet the FEMA requirements and qualifications listed below for the projects within timeline set for availability:

• Work must meet and conform to The Secretary of the Interior Standards for the Treatment of

Historic Properties, work must be performed by person who meets the Secretary of the Interior Standards Professional Qualifications: https://www.nps.gov/tps/standards.htm

• Treatment needs to be conducted by qualified conservation professionals with the appropriate specialty and in accordance with the American Institute for Conservation Code of Ethics and Guidelines for Practice: https://www.culturalheritage.org/about-conservation/code-of-ethics

This is a rare opportunity for Agency as the state to take advantage of the FEMA’s FMAG funding in order to restore the equipment. Without FEMA’s FMAG funding, Agency will not be able to fund restoring the equipment and help the local community bring visitors and railroad enthusiasts back to our state’s world-class, historical logging museum.

The value of the awarded Contract is expected to exceed $150,000.

2.3 SCOPE OF WORK/SPECIFICATIONS: ATTACHMENT A – SAMPLE CONTRACT

IMPORTANT: See Exhibit A of the Attachment A – Sample Contract for Scope, Specifications, and Services of this RFP.

SECTION 3: PROCUREMENT REQUIREMENTS

https://www.nps.gov/tps/standards.htm https://www.culturalheritage.org/about-conservation/code-of-ethics

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3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:

3.1.1 Required Proposer Qualifications

• Key Persons and Resumes and Work Samples of Proposal must reflect the following requirements:

o Proposer must have more than 10 years of experience in historic railroad machine restoration and has successfully restored at least 3 projects for restoring historic railroad equipment in the past 10 years.

o All work must be performed by highly skilled preservation professionals with extensive training and special expertise in railroad machinery restoration work.

Person who meets the Secretary of the Interior Standards Professional Qualifications to perform: https://www.nps.gov/tps/standards.htm o Qualified conservation professionals with the appropriate specialty and in accordance with the American Institute for Conservation Code of Ethics and Guidelines for Practice: https://www.culturalheritage.org/about-conservation/code-of-ethics

3.1.2 Other Requirements – Federal Requirements

• Meet applicable federal requirements set forth in Attachment A – Sample Contract.

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 3.3 Proposal Requirements section below for contents), except for the Disclosure Exemption Affidavit (Attachment B) which is not mandatory to be included in Proposal, to pass Minimum Submission Requirements:

• Technical Proposal

• Key Persons and Resumes

• Work Samples

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.2.2 Proposal Page Limits

There is no page limit for a Proposal, except for the Key Persons and Their Resumes, which is limited to 3 pages per Key Person.

3.2.3 Proposal Format and Quantity

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.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in See: OregonBuys Supplier Bid https://www.nps.gov/tps/standards.htm https://www.culturalheritage.org/about-conservation/code-of-ethics https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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Solicitation Response.pdf for electronic submission.

Proposer shall submit one copy of its Proposal and all other submittal requirements in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall also (1) mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure; and (2) provide a “Redacted” version of its Proposal for public records release. Proposer should be aware that its identification of information that it believes is except is not a guarantee that Agency will maintain the confidentiality of this information.

3.2.4 Authorized Representative

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature. 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 this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non- Responsive to this RFP and will not be considered further.

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. 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 Technical Proposal - Mandatory

• Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work, Specifications, and Services. (see Attachment A, Exhibit A, Sections 2. Scope, 3. Specifications, and 4. Services)

• Provide a comprehensive management plan that the Proposer intends to follow, including timeline for completing each Work Item to provide Services (see Attachment A, Exhibit A, Section 4. Services).

• Illustrate how the plan will serve to coordinate and accomplish the project by July 31, 2024.

• Includes schedule for Work Items listed under Services (see Attachment A, Exhibit A, Section 4. Services, 4.8 Project Schedule).

3.3.2 Key Persons and their Resumes – Mandatory

• Specify key persons to be assigned to this project, and include a current resume (not to exceed three pages) for each key person that demonstrates the person’s qualifications and experience (see 3.1.1. Required Proposer Qualifications under 3.1 MINIMUM QUALIFICATIONS) for completing work defined in the Scope of Work and Specifications (see Attachment A, 1. Scope and 2. Specifications) described in this RFP.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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3.3.3 Work Samples – Mandatory

• Provide work samples of at least 3 historic railroad equipment restoration work in the past 10 years, and including the following details: Project title/name and location, work period, restored property and equipment, scope, services (Work Items), project costs, and accomplishments (e.g., how obstacles or challenges were mitigated and implemented).

3.3.4 Disclosure Exemption Affidavit (Attachment B) – Not Mandatory

• If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure and provide a “Redacted” version of its Proposal in addition to the “Unredacted” version of the Proposal. Proposer should be aware that its identification of information that it believes is except is not a guarantee that Agency will maintain the confidentiality of this information.

3.3.5 Proposer Information and Certification Sheet (Attachment C) – Mandatory

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment D) which must bear the Proposer’s authorized representative’s Signature.

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

3.3.6 References (Attachment D) – Mandatory

• Provide 3 references from current or former client firms for similar projects performed for any clients within the last 10 years. List the reference contact information in Section I. Reference Information (page 1) of the Reference Check Form of this RFP (attachment D) and submit it with the Proposal. 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.

• The SPC will contact each reference for rating and scoring each category listed under Section II. of the Reference Check Form (Attachment D) if Agency determines to do so.

3.3.7 Price Proposal Form (Attachment E) - Mandatory

• Submit a detailed Price Proposal (Attachment E) electronically though OregonBuys stating the price for each work item and the total price for the entire project (inclusive of all labor, profit and expenses, and travel). Include a detailed breakdown of all labor and expenses per work item.

3.3.8 Certified Disadvantaged Business Outreach Plan (Attachment F) – Mandatory

• Proposer shall complete and submit the Certified Disadvantaged Business Outreach Form (Attachment F).

3.3.9 Responsibility Inquiry (Attachment G) – Mandatory

• Proposer shall complete and submit the Responsibility Inquiry Form (Attachment G).

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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. OPRD is not responsible for any errors or omissions from downloading the Solicitation Document and any attachments.

Modifications, if any, to this RFP will be made by written Amendment(s) or Addendum (Addenda) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) or Addendum (Addenda) have been issued.

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

Proposers may request to review the Solicitation Document at the OPRD headquarters office located at 725 Summer Street NE, Suite C, Salem, Oregon.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date, time, and place listed in the Schedule in Section 1.2 and below. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory. Interested parties may participate in the virtual Pre-Proposal Conference:

Date and Time: Wednesday, May 4th, 2022, 10:00 – 11:00 a.m., PST Place: Microsoft Teams meeting (Virtual Meeting Location) Join on your computer or mobile app by clicking the link below https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTAxODBkNTQtYjAyNy00YWE5LTkwOGYtZDc5 MjcyYzI4OWUz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3 f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%222218895d-9536-4c12-b3f9-95949fb2c71c%22%7d

Or Click here to join the meeting

Or call in (audio only) +1 503-446-4951,,454448449# United States, Portland Phone Conference ID: 454 448 449# Find a local number | Reset PIN Learn More | Meeting options

Questions submitted to SPC before the Pre-Proposal Conference may be answered by Agency during the conference. Proposers may be asked to submit questions in Writing. Statements made by Agency’s representatives at the Pre-Proposal conference are not binding upon Agency unless confirmed by Written Addendum.

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:

https://oregonbuys.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTAxODBkNTQtYjAyNy00YWE5LTkwOGYtZDc5MjcyYzI4OWUz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%222218895d-9536-4c12-b3f9-95949fb2c71c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTAxODBkNTQtYjAyNy00YWE5LTkwOGYtZDc5MjcyYzI4OWUz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%222218895d-9536-4c12-b3f9-95949fb2c71c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTAxODBkNTQtYjAyNy00YWE5LTkwOGYtZDc5MjcyYzI4OWUz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%222218895d-9536-4c12-b3f9-95949fb2c71c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTAxODBkNTQtYjAyNy00YWE5LTkwOGYtZDc5MjcyYzI4OWUz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%222218895d-9536-4c12-b3f9-95949fb2c71c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTAxODBkNTQtYjAyNy00YWE5LTkwOGYtZDc5MjcyYzI4OWUz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%222218895d-9536-4c12-b3f9-95949fb2c71c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTAxODBkNTQtYjAyNy00YWE5LTkwOGYtZDc5MjcyYzI4OWUz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%222218895d-9536-4c12-b3f9-95949fb2c71c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTAxODBkNTQtYjAyNy00YWE5LTkwOGYtZDc5MjcyYzI4OWUz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%222218895d-9536-4c12-b3f9-95949fb2c71c%22%7d tel:+15034464951,,454448449#%20 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=454448449 https://mysettings.lync.com/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=2218895d-9536-4c12-b3f9-95949fb2c71c&tenantId=aa3f6932-fa7c-47b4-a0ce-a598cad161cf&threadId=19_meeting_NTAxODBkNTQtYjAyNy00YWE5LTkwOGYtZDc5MjcyYzI4OWUz@thread.v2&messageId=0&language=en-US

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• Be delivered to the SPC via an OregonBuys submission or email at:

Nameun.House@oprd.oregon.gov;

• Reference the OregonBuys bid number S-63400-00002859;

• 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. of this RFP.

At its sole discretion, OPRD will respond to such requests received by direct response to the requestor, by issuing clarification(s) in the form of Questions and Answers posted on OregonBuys, or by issuing changes in the form of Addenda posted on OregonBuys. OPRD’s clarification to a Proposer’s request, whether orally or in writing, does not change this Solicitation Document and is not binding on OPRD unless the Solicitation Document is amended by Addendum.

4.4 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 Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

4.4.2 Protests to Addendum/Addenda

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

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email at: Nameun.House@oprd.oregon.gov;

• Reference the OregonBuys bid number#S-63400-00002859;

• 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 Addenda/ Addendum must be received by the due date identified in the Addenda/ Addendum.

OPRD will consider protests received and issue a written response. OPRD’s response to a protest does not change this Solicitation Document and is not binding on OPRD unless the Solicitation Document is amended by Addendum/ Addenda.

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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 mail or by common carriers or 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 submitted by electronic means via OregonBuys.

• Proposal submission should be electronically through OregonBuys at:

https://oregonbuys.gov/bso/

• Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods 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 at:

Nameun.House@oprd.oregon.gov prior to the Closing in accordance with OAR 137-047-0440. To be effective, the notice must include the OregonBuys bid number S-63400-00002859.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Closing via OregonBuys at https://oregonbuys.gov/bso/. All Proposal modifications or withdrawals must also be received prior to Closing.

A Proposal received after Closing is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

There will be no Public Opening will be held for this RFP. 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 and posted on OregonBuys at https://oregonbuys.gov/bso/.

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 improperly influence a member of the Evaluation Committee; or https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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• 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 Addendum (Addenda).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

• Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications and Section 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.

• Responsibility Determination

Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

Agency will determine if an apparent successful Proposer is Responsible prior to Award and execution of the Contract in accordance with ORS 279B.110, including determining whether the Proposer:

(a) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities.

(b) Completed previous contracts of a similar nature with a satisfactory record of performance.

For purposes of this paragraph, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the proposer's control, the proposer stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. The contracting agency shall document the proposer's record of performance if the contracting agency finds under this paragraph that the proposer is not responsible.

(c) Has a satisfactory record of integrity. The contracting agency in evaluating the proposer's record of integrity may consider, among other things, whether the proposer has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the proposer's performance of a contract or subcontract. The contracting agency shall document the proposer's record of integrity if the contracting agency finds under this paragraph that the proposer is not responsible.

(d) Is legally qualified to contract with the contracting agency.

(e) Complied with the tax laws of the state or a political subdivision of the state, including ORS

305.620 and ORS chapters 316, 317 and 318. The proposer shall demonstrate compliance by attesting to the proposer's compliance in any way the contracting agency deems credible and convenient.

(f) Possesses an unexpired certificate that the Oregon Department of Administrative Services issued under ORS 279A.167 if the proposer employs 50 or more full-time workers and submitted a bid or proposal for a procurement with an estimated contract price that exceeds $500,000 in response to an advertisement or solicitation from a state contracting agency.

(g) Supplied all necessary information in connection with the inquiry concerning responsibility. If a proposer fails to promptly supply information concerning responsibility that the contracting agency requests, the contracting agency shall determine the proposer's responsibility based on

DAS Procurement Services, Version 4.4 July 1, 2021 Page 13 of 19 available information or may find that the proposer is not responsible.

(h) Was not debarred by the contracting agency under ORS 279B.130.

OPRD may contact any references (whether or not provided by Proposer) and request any additional information deemed necessary to determine the Responsibility of the Proposer to provide the goods or services.

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section

4.11 (Point and Score Calculation).

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 Evaluation Item 1 – TECHNICAL PROPOSAL Max Points: 60 total

• How well Proposer would carry out the major activities of this project in context with the Scope of Work, Specifications, and Services. (see Attachment A, Exhibit A, Sections 2.

Scope, 3. Specifications, and 4. Services).

• How well Proposer provided a comprehensive management plan that the Proposer would follow through, including timeline and schedule for completing each Work Item to provide Services (see Attachment A, Exhibit A, Section 4. Services).

• How well Proposer illustrated Proposer’s plan will serve to coordinate and accomplish the Work by July 31, 2024.

• Includes schedule for Tasks and Deliverables (see Attachment A, Exhibit A, Section 4.

Services, 4.8 Project Schedule).

4.10.2.2 Evaluation Item 2 – KEY PERSONS AND RESUMES Max Points: 60 total

• How well each key person demonstrates the person’s qualifications and experience (see

3.1.1. Required Proposer Qualifications under 3.1 MINIMUM QUALIFICATIONS) for the Scope and Specifications (see Attachment A, Sections 1. Scope and 2. Specifications) described in this RFP.

4.10.2.3 Evaluation Item 3 – WORK SAMPLES Max Points: 60 total (20 total per Work Sample)

• How well each historic railroad equipment restoration work done by Proposer in the past 10 years included the following details: Project title/name and location, work period, restored property and equipment, scope, tasks and deliverables, project costs, and accomplishments (e.g., how obstacles or challenges were mitigated and implemented).

• How well each work sample demonstrates the complexity and work level compatible to the scope, tasks and deliverables included in this RFP.

4.10.2.4 Evaluation Item 4 - PRICE EVALUATION Maximum Points: 15 total

The SPC will conduct the price evaluation. Only Part I (PROPOSED TOTAL PRICE FOR THE PROJECT) of the Price Evaluation Form will be scored for the price evaluation. Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 4.10.2.1, 4.10.2.2, DAS Procurement Services, Version 4.4 July 1, 2021 Page 14 of 19 and 4.10.2.3, the Price Proposals from Proposers will be scored as follows:

• Proposer with the lowest Price Proposal will receive 15 points.

• Proposer with the second lowest Price Proposal will receive 10 points.

• Proposer with the third lowest Price Proposal will receive 5 points.

• All other Proposers will receive 0 points.

4.10.2.5 Evaluation Item 5 – REFERENCES if conducted Maximum Points: 30 total (10 total per Reference)

The SPC will contact 3 references provided by Proposer in the Reference Check Form (Attachment D) to answer questions and to rate the Proposer’s services on a scale of 0-10 and score each reference, if OPRD determines to rate and score References by using the scale and questions listed in Part II of the Reference Check Form.

4.10.3 PREFERENCES

• Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall 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.

• Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall 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.

• Tiebreakers

If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in

OAR 137-046-0300.

4.11 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator for each evaluation item.

Evaluators will evaluate total points possible per evaluation item for each Proposer.

The maximum points possible for each evaluation item are listed in the table below.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

TOTAL POINTS POSSIBLE 195

4.10.2.1 Evaluation Item 1 – Technical Proposal 60 total

4.10.2.2 Evaluation item 2 – Key Persons and Resumes 60 total

4.10.2.3 Evaluation Item 3 – Work Samples 60 total

4.10.2.4 Evaluation Item 4 – Price Proposal 15 total

ADDITIONAL POINTS POSSIBLE (if Agency conducts Reference checks, rates and scores)

4.10.2.5 References – if conducted 30 total

https://www.naspo.org/reciprocity1

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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 Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition.

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 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 subject to successful negotiation of any negotiable provisions at least seven days before the award of the public contract and in accordance with ORS 279B.135.

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 at: Nameun.House@oprd.oregon.gov;

• Reference the OregonBuys bid number, S-63400-00002859;

• 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.

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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(s) who are 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.

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 Other Required Information - COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS

Contractor shall ensure that any further distribution or payment of the federal funds paid under the Contract by means of any subcontract or other agreement between Contractor and another party for the performance of any of the work in the Contract awarded under this RFP, shall include the requirement that said funds shall be used solely in a manner that complies with the provisions of the Contract awarded under this RFP in accordance with Appendix II to 2 CFR Part 200 – Contract http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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Provisions for Non-Federal Entity Contracts Under Federal Awards, the applicable provisions to this Contract, as specified in Exhibit C – Federal Terms and Conditions in the Attachment A -Sample Contract of this RFP.

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), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract 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, 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.

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

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 21 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=oregon4 biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

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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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…