RFP S-63400-00006618 9459 Marine Debris Removal Oswald West State Park.pdf

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 1

INTERMEDIATE

REQUEST FOR PROPOSALS

FOR

MARINE DEBRIS REMOVAL

OSWALD WEST STATE PARK

OPRD RFP No: 9459 OregonBuys Solicitation# S-63400-00006618

Date of Issue: April 25, 2023 Opening Date and Time: May 17, 2023 at 2:00 PM (PT)

Single Point of Contact (SPC): Julie L. Cone, Senior Contracts Specialist Address: 725 Summer Street NE, Suite C City, State, Zip: Salem, Oregon 97301 Phone: (503) 953-0536 E-mail: julie.cone@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:julie.cone@oprd.oregon.gov

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 2

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION 4

1.1 INTRODUCTION 4

1.2 SCHEDULE 4

1.3 SINGLE POINT OF CONTACT (SPC) 4

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE 4

2.1 AUTHORITY AND METHOD 4

2.2 DEFINITION OF TERMS 4

2.3 OVERVIEW AND PURPOSE 5

2.4 SCOPE OF WORK / SPECIFICATIONS 5

SECTION 3: PROCUREMENT REQUIREMENTS 6

3.1 MINIMUM SUBMISSION REQUIREMENTS 6

3.2 MINIMUM PROPOSAL REQUIREMENTS 7

SECTION 4: SOLICITATION PROCESS 8

4.1 OREGONBUYS SYSTEM 8

4.2 RESERVED 8

4.3 QUESTIONS/REQUESTS FOR CLARIFICATIONS 8

4.4 PREPROPOSAL CONFERENCE 9

4.5 PROPOSAL DELIVERY 9

4.6 PROPOSAL MODIFICATIONS OR WITHDRAWAL 9

4.7 PROPOSAL DUE 9

4.8 RESERVED 9

4.9 PROPOSAL REJECTION 9

4.10 EVALUATION PROCESS 10

4.11 POINT AND SCORE CALCULATIONS 12

4.12 RANKING OF PROPOSERS 12

SECTION 5: AWARD AND NEGOTIATION 12

5.1 AWARD NOTIFICATION PROCESS 12

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS 12

5.3 CONTRACT NEGOTIATION 13

SECTION 6: ADDITIONAL INFORMATION 14

6.1 CERTIFIED FIRM PARTICIPATION 14

6.2 GOVERNING LAWS AND REGULATIONS 14

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS 14

6.4 CANCELLATION OF RFP; REJECTION OF PROPORAL; NO DAMAGES 15

6.5 COST OF SUBMITTING A PROPOSAL 15

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE 15

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

ATTACHMENT H PREPROPOSAL CONFERENCE TRAIL MAP

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 3

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 4

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon (“State”), acting by and through the Oregon Parks and Recreation Department (“OPRD”), is issuing this Request for Proposals under the provisions ORS 279B.070 for the purpose of selecting a qualified Consultant to remove Marine Debris at Oswald West State Park.

Additional details on the Scope of the desired services are included in the Scope of Work section below and in Attachment A (Statement of Work) of the Sample Contract.

OPRD intends to award one Contract from this RFP. See Attachment A for the Sample Contract.

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.

Event Date Time Nonmandatory Preproposal Conference May 2, 2023 11:00 AM Questions / Requests for Clarification Due May 10, 2023 2:00 PM Closing/Opening (Proposal Due) May 17, 2023 2:00 PM Issuance of Notice of Intent to Award (approx.) May 24, 2023

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

OPRD is conducting this Procurement under the authority granted in ORS 279A.050(6)(d), which gives the State Parks and Recreation Department authority to procure or supervise the procurement of all goods, services, public improvements and personal services relating to state parks in accordance with the Public Contracting Code.

OPRD is conducting this Procurement in accordance with ORS 279B.070 and OAR 137-047-0270, Intermediate Procurements.

2.2 DEFINITION OF TERMS

2.2.1 General Definitions

For the purposes of this RFP, capitalized terms are defined in OAR 137-047-0100 or as defined below.

"OregonBuys System" or “OregonBuys” means the on-line electronic Oregon automated procurement system administered by the State’s Department of Administrative Services. The OregonBuys System website is : https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 5

2.2.2 Crosswalk of Terms for OregonBuys

Terms used in OregonBuys Definition

Addenda “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 Addenda.

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.

2.3 OVERVIEW AND PURPOSE

Oregon Parks and Recreation Department is responsible for maintaining the beaches within the State Park System Ocean Shore State Recreations Area, which consists of the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. Maintenance includes the removal of marine debris that washes onto state beaches.

A nonmandatory Preproposal Conference will be held for this project. See details in Section 4.4. Attendance at the Preproposal Conference is not required, but is strongly encouraged due to the debris location and access challenges.

2.4 SCOPE OF WORK/SPECIFICATIONS

During the winter of 2022 debris described below washed up on the Oregon beach at Oswald West State Park. Attachment A Sample Contract, Exhibit E contains maps of approximate locations and photographs of the debris and its existing location.

• Measuring 17 feet wide by 20 feet long by 5 feet tall.

• Consists of plate and angle steel components that encapsulate buoyant foam.

• Foam has been tested and is negative for asbestos. Reports-Attachment A Sample Contract, Exhibit F.

The Successful Proposer will need to remove and dispose of marine debris washed into mouth of Short Sand

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 6

Creek near Short Sand Beach (Approximate Location: https://goo.gl/maps/J3Hu1nRyoSh4cY447). Debris is inaccessible by land-based equipment and must be removed be a seagoing salvage vessel or helicopter.

• Debris is located in an area *not* accessible via ground equipment (track loaders, wheeled loaders, passenger vehicles, trucks, etc.).

• Debris is located within the mouth of Short Sand Creek; water levels in the creek mouth fluctuate with rain and snow runoff.

• Due to the debris’ location within Short Sand Creek, in-place demolition is undesirable.

• Debris is accessible by air via cable or other line; some overhead obstruction exists from tree canopy.

• Debris is accessible by ocean via cable or other line.

• If accessed by ocean, bathymetric data for Smuggler’s Cove (Cape Falcon) are available at https://www.ngdc.noaa.gov/mgg/bathymetry/maps/area5.html.

The Proposal should contain an estimate of how long it will take Proposer to perform the debris removal using the process proposed. Additionally, Proposer should include the anticipated number of days after receipt of the Notice to Proceed for the Work to begin.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Submissions

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

• A detailed description of the removal and disposal method being proposed (Section 3.2.2)

• Response to all Evaluation Criteria listed in Section 4.10

• Disclosure Exemption Affidavit (Attachment B – return if applicable)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E) Attach as a Separate Document

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.1.2 Proposal Format

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.

3.1.3 OregonBuys Electronic Response.

Proposer must submit its Proposal electronically through OregonBuys.

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 Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ngdc.noaa.gov%2Fmgg%2Fbathymetry%2Fmaps%2Farea5.html&data=05%7C01%7CJulie.Cone%40oprd.oregon.gov%7C39fa146696e64f50214308db3c3e1d1f%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C638170010033069671%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=cEDlRo6z7CmMDQoUYDhJfq9oyi6Y3nYC46mJw4XzbUA%3D&reserved=0

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 7

3.1.4 Authorized Representative

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

3.2 MINIMUM 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 Services to be performed. A Proposal that merely offers to provide the 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.

3.2.1 Proposer Information and Certification Sheet

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.

3.2.2 Qualifications and Relevant Experience

Proposer shall provide a detailed description of their proposed removal method including access and staging areas needed, resources for debris removal, anticipated impact to environment and steps taken to reduce impact, limitations of public assess and anticipated duration of limitation, proposed performance schedule, anticipated disposal method, and any additional impacts.

3.2.3 Key Persons and References

Provide at least 3 Company references from current or former client firms for similar projects performed for any clients within the last 5 years. References must verify the quality of previous, related Work.

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

Specify key person who will be assigned to the project and include a current 1 page biography for this person that demonstrates the person’s qualifications and experience for the Work described in this

RFP.

3.2.4 Proposed Timeline

Performance of the project will need to be coordinated with Project Manager. Proposal should contain a Project Schedule with an estimate of how soon after the Notice to Proceed is issued the Project could start.

3.2.6 Costs

3.2.6.1 Price Proposal

Proposer shall submit a detailed Not-to-Exceed (“NTE”) Price Proposal in a separate file to include the total estimated cost for the Services described in this RFP. Pricing detail breakdown shall include, but

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 8 not be limited to, categories for equipment, mobilization, labor, debris disposal cost, and fuel. Unit costs should be included for items such as equipment and labor.

SECTION 4: SOLICITATION PROCESS

4.1 OREGONBUYS SYSTEM

This 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.

4.1.1 Registration Requirement. Proposers must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Proposers are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. OPRD shall not be responsible for defective registration or incorrect vendor information.

4.1.2 RFP Attachments and Addenda. In addition to the provisions set forth within this RFP, this RFP incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this RFP, including but not limited to:

• Details entered in the Header Information section;

• All RFP Attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

4.1.3 Obtaining RFP Documents. This RFP, RFP attachments and any Addenda and notices

(“Amendments”) may be downloaded from the OregonBuys eProcurement system at:

https://oregonbuys.gov/bso. Contact the SPC identified on page one of this RFP if unable to access solicitation documents via OregonBuys.

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

4.2 RESERVED

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 delivered to the SPC via email;

• Reference the OPRD or OregonBuys RFP 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.

https://oregonbuys.gov/ https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx https://oregonbuys.gov/bso/ https://oregonbuys.gov/ https://oregonbuys.gov/bso

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 9

4.4 PREPROPOSAL CONFERENCE

A Nonmandatory Preproposal Conference will be held on May 2, 2023 at 11:00 AM located on the beach near the debris site. Parking is available at Short Sand Creek Parking Lot on Hwy 101 approximately 5.5 miles north of Manzanita. Trail 10 on the Trail Map (Attachment H) is approximately one-half mile walk from the parking lot to the Preproposal Conference location on the beach near the debris resting place in the mouth of Short Sand Creek.

Attendance at the Preproposal Conference is not required, but is strongly encouraged due to the debris location and access challenges.

Any statements made at this Preproposal Conference are not binding upon OPRD unless an Addendum has been issued by OPRD and posted on the OregonBuys System.

4.5 PROPOSAL DELIVERY

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. OPRD is not responsible for any delays caused by transmission errors or for any misdelivery for any reason. A Proposal submitted by any means not authorized below will be rejected.

The following delivery options are permitted for this RFP:

4.5.1 Delivery through OregonBuys

Proposals shall be submitted electronically in the OregonBuys website: www.oregonbuys.gov.

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

Proposals, once submitted, may be modified before the Proposal Opening Date by uploading a new Proposal in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button.

Nothing in this Section will be construed as allowing the Proposer to alter or otherwise change the form of the Proposal, the form of the Contract, the conditions of the Proposal, or any other Attachment attached to the RFP documents.

Proposers may not modify Proposals after the “Bid Opening Date” and time specified in OregonBuys for this

RFP.

If a Proposer wishes to withdraw a submitted Proposal, the Proposer must do so using the “Withdraw Quote” button in OregonBuys prior to Closing / “Bid Opening Date” and time specified in OregonBuys for this ITB.

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 RESERVED

4.9 PROPOSAL REJECTION

OPRD 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.

http://www.oregonbuys.gov/ 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

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 10

• 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 OPRD’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 Submission Requirements) and Section 3.2 (Minimum Proposal 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, OPRD may waive mistakes in accordance with OAR 137-047- 0470.

4.10.1.2 Responsibility Determination

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

At any time prior to award, OPRD 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 OPRD 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 Qualifications and Relevant Experience Up to 40 points

• How well does the proposed removal process meet the requirements for OPRD?

• How well does the Proposal demonstrate Proposer’s experience in moving large items from inaccessible areas?

• How well the Proposal demonstrates protecting the environmental aspects of the site and limiting the impact to natural resources?

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• How well does the Proposal demonstrate Proposer’s ability to develop or address needed skills in areas not addressed as primary experience.

4.10.2.2 Key Person and References Up to 15 points

• How well does the key person’s resume align with OPRD’s needs and explain how the key person’s qualification can benefit the project?

• How well do Company references demonstrate Proposers ability to perform this project?

4.10.2.3 Proposed Timeline Up to 15 points

• Number of days after issuance of Notice to Proceed for Project to begin.

• Total length of Project once initiated.

4.10.3 PRICE EVALUATION

4.10.3.1 Price Proposal Up to 30 points

Following scoring and ranking of Proposals, based on the qualifications based criteria referenced above in Section 4.10.2, the SPC will conduct the price evaluation and score Price Proposals as follows:

• Proposer with the lowest Price Proposal will receive 30 points.

• Each higher Price Proposal will be awarded a percentage of the available 30 points as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X 30 = price score price being scored

4.10.4 PREFERENCES

4.10.4.1 RESERVED

4.10.4.2 Reciprocal Preference

For evaluation purposes per OAR 137-046-0310, OPRD 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.

4.10.4.3 Recycled Materials

OPRD 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.

4.10.4.4 Tiebreakers

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

https://www.naspo.org/reciprocity1

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4.11 POINT AND SCORE CALCULATIONS

An evaluation committee (“Evaluation Committee”) consisting of not less than three (3) individuals with expertise in the subject areas ("Evaluators") will evaluate Proposals. Each Evaluator will assign scores to each Proposal received for each criterion specified below and further described in section 4.10.2.

CRITERIA POINTS

4.10.2.1 Qualifications and Relevant Experience 40

4.10.2.2 Key Person and References 15

4.10.2.3 Proposed Timeline 15

4.10.3.1 Price Proposal 30

TOTAL POSSIBLE POINTS 100

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal (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.

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.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

OPRD, 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. OPRD may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

OPRD will notify all Proposers in writing by posting the “notice of award” in Oregonbuys stating that OPRD has awarded a contract to the selected Proposer subject to successful negotiation of any negotiable provisions

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.2.1 Insurance

Prior to award, Proposer shall secure and demonstrate to OPRD proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A and are in two categories, Standard Requirements and ‘Possible Additional Insurance Requirements’ to be negotiated if needed for the proposed method of removal.

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5.2.2 Taxpayer Identification Number

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

5.2.3 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.

5.2.4 Responsibility Inquiry

Successful Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry with their Proposal.

5.2.5 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 OPRD 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.

5.2.6 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. CONTRACT NEGOTIATION

5.3.1 Negotiation

After selection of a successful Proposer, OPRD 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 OPRD during the Questions / Requests for Clarification period set forth in Section

1.2. If OPRD agrees to make any requested changes to the Sample Contract, OPRD will issue an Addendum to notify Proposers of such changes. Unless OPRD issues an Addendum (during the solicitation process) modifying any of the terms and conditions, OPRD 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, OPRD may agree to negotiate changes to http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 14 the negotiable provisions of the Sample Contract listed below. However, OPRD 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.

OPRD is willing to negotiate ONLY the Statement of Work and the following terms and conditions:

• Method of Payment

• Pricing

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, OPRD, at its discretion, 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, OPRD 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. OPRD 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=oregon4b iz

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 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after OPRD 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 OPRD. 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, except in the case of Proposals that were submitted late and rejected by OPRD.

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

RFP S-63400-00006618 9459 Marine Debris Removal at Oswald West State Park 15

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

Pursuant to ORS 279B.100, OPRD 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 OPRD, as determined by OPRD. 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.

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.

https://www.oregon.gov/das

9459 Marine Debris Removal at Oswald West State Park Page 1

ATTACHMENT A

SAMPLE

STATE OF OREGON

PARKS AND RECREATION DEPARTMENT

SERVICES CONTRACT #9459

MARINE DEBRIS REMOVAL AT OSWALD WEST STATE PARK

This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Oregon Parks and Recreation Department, (“OPRD”) and CONTRACTOR NAME AND BUSINESS TYPE “Contractor”) and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

OPRD’s Contract Administrator for this Contract is:

Ben Cox, Park Manager Nehalem Bay MU Oregon Parks and Recreation Department (OPRD) 34600 Garey Street Nehalem, Oregon 97131 Phone: (503) 812-0650 x 23 Ben.cos@oprd.oregon.gov

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

17.6 of this Contract.

1. Contract Term.

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

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

2.1. this Contract less all exhibits;

2.2. Exhibit A (Statement of Work);

2.3. Exhibit E (Maps and Photographs);

2.4. Exhibit B (Compensation);

2.5. Exhibit C (Required Insurance);

2.6. Exhibit F (Additional Information, Asbestos Report); and

2.7. Exhibit D (Independent Contractor Certification);

mailto:Ben.cos@oprd.oregon.gov

9459 Marine Debris Removal at Oswald West State Park Page 2

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

3. Services.

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

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

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

4. Compensation.

4.1. Not to Exceed Compensation. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $XX,XXX.00. OPRD will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract, and will not pay for Services performed before the Effective Date or after the expiration or termination of this Contract.

If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Services subject to the amendment.

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

4.3 Invoices. Contractor shall submit invoices to OPRD as set forth in the Statement of Work or, if not set forth therein, to OPRD’s Contract Administrator. Contractor may submit invoices in accordance with the payment schedule set forth in the Statement of Work or, if no payment schedule is set forth therein, then no more frequently than once per month for accepted Deliverables and Services. The invoices must describe all Services performed with particularity, including the dates Contractor

9459 Marine Debris Removal at Oswald West State Park Page 3 performed the Services for which it is requesting payment, and by whom the Services were performed and shall itemize and explain all expenses that this Contract requires OPRD to pay and for which Contractor claims reimbursement. Each invoice must also include the total amount invoiced to date by Contractor prior to the current invoice. Contractor will specifically note in the appropriate invoice when it has requested payment for one-third and two-thirds of the maximum, not-to-exceed compensation.

4.4 Expenses. OPRD will not pay or reimburse any expenses incurred by Contractor during the completion of the Services except as authorized in the Statement Work or elsewhere in this Contract.

Any such authorized travel expenses must comply with the Oregon Travel Policy available on the Internet at: http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf

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

5. Contractor’s Personnel.

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

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

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

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

9459 Marine Debris Removal at Oswald West State Park Page 4

6 Independent Contractor; Responsibility For Taxes And Withholding

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

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

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

6.4 Taxes and Benefits. Contractor is responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless required by applicable law, OPRD will not withhold from such compensation or payments any amount to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual.

7 Subcontracts, Successors, And Assignments

7.1 Subcontracts. Contractor shall not enter into any subcontracts for any of the Services required by this Contract without OPRD's prior written consent. In addition to any other provisions OPRD may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that OPRD will receive the benefit of subcontractor’s performance as if the subcontractor were Contractor. OPRD’s consent to any subcontract does not relieve Contractor of any of its duties or obligations under this Contract.

7.2 Successors and Assigns. The provisions of this Contract are binding upon and inure to the benefit of the parties to this Contract, their respective successors, and permitted assigns, if any.

7.3 No Assignment. Contractor shall not assign or transfer any of its rights or delegate its obligations under this Contract without OPRD’s prior written consent.

8 Representations and Warranties.

8.1 Contractor’s General Representations and Warranties. Contractor represents and warrants to OPRD that:

8.1.1 Contractor has the power and authority to enter into and perform this Contract;

8.1.2 This Contract, when executed and delivered, is a valid and binding obligation of Contractor enforceable in accordance with its terms;

8.1.3 Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Services;

8.1.4 Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty; and

9459 Marine Debris Removal at Oswald West State Park Page 5

8.1.5 Contractor (to the best of Contractor’s knowledge, after due inquiry), for a period of no fewer than six calendar years preceding the Effective Date, faithfully has complied with:

8.1.5.1 All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

8.1.5.2 Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

8.1.5.3 Any tax provisions imposed by a political subdivision of this State that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor;

8.1.5.4 Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions; and

8.1.6 Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or OPRD of the State.

8.2 Contractor’s Performance Warranties.

8.2.1 Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor shall apply that skill and knowledge with care and diligence to perform the Services in a professional manner and in accordance with the highest standards prevalent in Contractor’s industry, trade or profession;

8.2.2 The Services and Work delivered by Contractor pursuant to the Services will materially comply with any service descriptions, specifications, standards or requirements set forth in this Contract;

8.2.3 Except as otherwise provided in this Contract (including Section 9), Contractor shall transfer all Work to OPRD free and clear of any and all restrictions on or conditions of…