RFP S-63500-00001278 Purchase and Delivery of Live Male Pheasants.pdf

STATE OF OREGON

COVER PAGE

Oregon Department of Fish and Wildlife

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-63500-00001278 for

PURCHASE AND DELIVERY OF LIVE MALE PHEASANTS

Date of Issue: November 18, 2021

Opening Date and Time: December 16, 2021 at 2:00 PM

Single Point of Contact (SPC): Julie L. Cone

Address: 4034 Fairview Industrial Drive SE City, State, Zip Salem, Oregon 97302 Phone (voice) 503-947-6125 Phone (fax) 503-947-6156 E-mail: julie.l.cone@odfw.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.

RFP S-63500-00001278 Purchase and Delivery of Live Male Pheasants

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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 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 RESERVED

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

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 PRICE AGREEMENT 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

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

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 EO 21-29 VACCINATION COMPLIANCE FORM

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Fish and Wildlife, (“Agency” or “ODFW”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for the purchase and delivery of Live Male Pheasants.

The Agency is requesting proposals for delivery of Live Male Pheasants to three regions, the Willamette Valley, southwestern Oregon, and eastern Oregon (see attached map, Attachment H). Proposers can propose to provide and deliver male pheasants to one, two, or all three regions.

Agency estimates that there will be approximately 5,450 live male pheasants purchased cumulative for all three regions per year. However, purchases, if any, may be in a greater or lesser annual volume, and quantities per delivery location may vary during the term of the Price Agreement.

Agency has authority to issue this RFP and enter into the resulting Price Agreement pursuant to ORS 496.146(11) and ORS 279A.050.

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

Agency anticipates the award of up to three (3) Price Agreements from this RFP. Agency intends to purchase all Live Male Pheasants for Eastern, Willamette Valley, and Southwestern Oregon from the Contractors(s) awarded for each region. Agency may award individual Regions or multiple Regions to one Proposer, as determined by the Evaluation Committee to be in the best interest of the Agency.

The initial term of the Price Agreement is anticipated to be one (1) year with options to renew annually up to a cumulative maximum of five (5) years.

Any purchases under the Price Agreement must be authorized by purchase orders or work orders issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

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.

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Event Date Time

Questions / Requests for Clarification Due December 2, 2021 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) December 7, 2021

RFP Protest Period Ends At Question/Clarification Deadline

Opening (Proposal Due) See RFP cover page

Opening of Proposal December 16, 2021 2:00 PM

Issuance of Notice of Intent to Award (approx.) January 4, 2022

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

1.3 SINGLE POINT OF CONTACT (SPC)

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

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050, ORS 496.146 (11), and

OAR 125-246-0170(2).

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

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 137-046-0110 or as defined below:

SPECIAL DEFINITIONS INCORPORATED BY REFERENCE FROM EO 21-29

“EO 21-29” means Governor of the State of Oregon’s Executive Order 21-29 as may be amended, https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf.

“FAQ” means the Executive Order 21-29 Vaccination Requirements for State Contractors Frequently Asked Questions as may be amended.

https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf

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ExecutiveOrder21-29_ContractorFAQ.pdf (oregon.gov)

For interpretation of provisions relating to EO 21-19:

a. The terms "Executive Branch," "COVID-19," "Fully Vaccinated," "Proof of Vaccination," "Employee," and "Worker" have the meanings defined in EO 21-19.

b. The term “Worksite” has the meaning defined in the FAQ.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Agency mission: To protect and enhance Oregon’s fish and wildlife and their habitats for use and enjoyment by present and future generations.

2.3.2 Project Overview and Background

Agency is seeking Contractors to provide Live Male Pheasants for hunting opportunities near large populated areas where very few wild Pheasants and public lands are available. Due to the large geographic size of Oregon, the Agency is requesting separate Proposals for delivery of Live Male Pheasants to three delivery regions: eastern Oregon, Willamette Valley, and southwestern Oregon. Offerors are encouraged to submit proposals for individual or multiple delivery regions as desired (See Attachment E, Pricing Proposal).

2.3.3 Purpose

The purpose of the RFP is to establish a Price Agreement for the purchase of Live Male Pheasants for fee hunts, youth hunts, and workshops. Youth hunts and workshops offer a unique opportunity for new hunters to learn how to hunt pheasants and are held at several location across the state. Pen raised pheasants are used for these hunts since it provides a more controlled setting and many areas do not have wild pheasants. Fee pheasant hunts are held at four wildlife areas (Denman, E.E. Wilson, Fern Ridge, and Sauvie Island) in the Willamette Valley and Southwest Oregon and provide an opportunity to hunt pheasants in areas where very few pheasants exist anymore in the wild. The locations and approximate time frame of delivery are listed in 2.3 Scope of Work/Specifications and Attachment E Price Proposal Form.

2.4 SCOPE OF WORK/SPECIFICATIONS

Contractor must provide pheasants that meet the following specifications.

Contractor must deliver all male ring-necked pheasants in good health, strong fliers, fully colored, and fully feathered. Pheasants with abnormal coloration, mutilated feathers, mutilations, or deformities will not be accepted. Pheasants must display a reasonable degree of wild behavior. Pheasants received in a wet condition will not be accepted.

Pheasants must have tail feathers at least ten inches (10") long and pheasants must weigh a minimum weight of 2 lbs for early September deliveries (September 1-15) and 2.5 lbs for all other deliveries after September 15.

https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21-29_ContractorFAQ.pdf

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Use of nasal saddles or similar appliances to reduce pecking will be permitted. However, pheasants having severe deformities resulting from use of these appliances will not be accepted.

No pecked or de-beaked pheasants will be accepted.

Pheasants must be US certified free from Pullorum disease (caused by the organism Salmonella pullorum), Fowl Typhoid (caused by the organism Salmonella gallinarum), and H5H7 avian influenza in accordance with National Poultry Improvement Plan (NPIP) standards according to 9 CFR Part 145 Subpart J. This certification must be made by the State Department of Agriculture. The Agency also reserves the right to test for other diseases of emerging concern on up to five (5) percent of the pheasants any Contractor may supply or intend to supply. If Agency believes such tests are necessary, at its election, it may require Contractor to obtain such tests by an appropriate professional and cost acceptable to Agency. The testing will be done at Agency expense. Certification must be performed and received by the Agency no earlier than ten (10) calendar days nor later than two (2) calendar days prior to the first deliver. Pheasants not certified will not be accepted by ODFW.

Pheasants shall not be medicated within thirty (30) calendar days of delivery. Should medical problems arise during that period; the contractor shall confer with Agency to receive permission to medicate.

Agency reserves the right to inspect all pheasant rearing facilities and grounds to insure that they are sanitary and capable of raising the intended number of pheasants. If the facility is located outside the Agency Regional Travel area, (Regional Travel means out of state to any point within 150 miles of the Oregon border in the states of Washington, Idaho, Nevada, and California) the Contractor will assume all travel expenses of the Agency employee to inspect the facility. Agency also reserves the right to inspect all pheasants prior to or at the time of delivery to determine if the pheasants meet specifications. Agency reserves the right to reject, at no cost to Agency, any or all pheasants that do not meet these specifications.

2022 PHEASANT NUMBERS

The anticipated number of pheasants to be delivered to each location for the initial purchase on the Price Agreement are:

Willamette Valley Region

Fern Ridge Wildlife Area 1,200 EE Wilson Wildlife Area 2,800 Total 4,000

Southwestern Region

Denman Wildlife Area 800 Klamath Wildlife Area 100 Total 900

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Eastern Region Prineville District Office 150 Ladd Marsh Wildlife Area 100 John Day District Office 100 White River Wildlife Area 75 Pendleton District Office 50 Ontario District Office 75 Total 550

Agency reserves the right to reduce the number of pheasants needed, if in Agency ’s judgment it becomes necessary or desirable to do so.

LOCATION AND DELIVERY:

Willamette Valley Region Fern Ridge Wildlife Area Early Sept-Early Oct 5 Deliveries Combine with EE Wilson for all deliveries EE Wilson Wildlife Area Early Sept-Mid Oct 6 Deliveries Combine with Fern Ridge for first 5 deliveries Southwestern Region

Denman Wildlife Area Mid Sept 1 Delivery Combine with Klamath delivery Klamath Wildlife Area Mid Sept 1 Delivery Combine with Denman delivery

Eastern Region Prineville District Office Mid to Late Sept 1 Delivery* Ladd Marsh Wildlife Area Mid to Late Sept 1 Delivery* John Day District Office Mid to Late Sept 1 Delivery* White River Wildlife Area Mid to Late Sept 1 Delivery* Pendleton District Office Mid to Late Sept 1 Delivery* Ontario District Office Mid Oct 1 Delivery

*Combine deliveries into 2 – 3 trips for these locations.

Agency will notify the Contractor a minimum of three (3) calendar days prior to any change in delivery date and time.

DELIVERY OF SHIPMENT(S): Contractor shall deliver entire order (no partial shipments) during business hours (8 am – 4 pm) on the delivery date stated on the purchase order. If an unforeseen circumstance prevents delivery during business hours, the Contractor shall contact the delivery location immediately to agree upon a delivery time after business hours. Agency may reject the entire delivery if not received on the required date. All pheasants shall remain the responsibility of the Contractor until delivered and accepted by Agency at the designated delivery site.

Agency shall have 24 hours after delivery of the pheasants to perform an inspection of the pheasants to determine whether the pheasants conform to the specifications. If the pheasants do not meet the specifications, at Agency’s election Contractor must:

1. Replace, at the Contractor’s expense, any or all of the non-conforming pheasants, or

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2. Accept the return of any or all of the non-conforming pheasants.

3. No pheasants are to be retained in crates more than twenty-four (24) hours before delivery.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

3.1.1 Experience

Proposer must have been in the business of raising and delivering Live Male Pheasants for a minimum of one (1) year in the five (5) years immediately preceding the submission of the Proposal.

3.1.2 Licensing/Certification Requirements

Oregon Proposers must have an Oregon Game Bird Propagation License to perform work on a Contract. Out of state Contractors must obtain certification from a State Department of Agriculture or a local veterinarian in their state that Proposer complies with all state and county laws pertaining to the raising of pheasants, and that Proposer’s facilities and grounds are sanitary and capable of raising the intended number of pheasants.

Proposer shall provide a copy of it’s Oregon Game Bird Propagation License or Out of State certification after the Intent to Award is issued and prior to Contract signing.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Administrative Proposal

• Disclosure Exemption Affidavit (Attachment B) (If Needed)

• 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 RESERVED

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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 Section 4.5 for electronic submission.

The Price Proposal must be submitted as a separate electronic document in the response.

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, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

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

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

3.2.4 Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in 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 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.

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3.3.2 References

Provide three (3) references from current or former purchasers of Live Male Pheasants meeting similar specifications as in Section 2 within the last five (5) years. References must be able to verify the quality and quantities of Live Male Pheasants.

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.

Proposer shall submit reference names and contact information using Attachment D Reference Check Form. Agency will make three attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, inability to verify Proposer Information may affect the History evaluation score.

3.3.3 Price Proposal

Proposers shall submit a detailed Price Proposal (Attachment E) in a separate electronic document through OregonBuys. The Price Proposal shall state the price for each Live Male Pheasant region the Proposer desires. Proposers may submit pricing for one, two, or all three delivery regions.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

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

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 OregonBuys bid number ;

• Identify Proposer’s name and contact information;

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

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

https://oregonbuys.gov/

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4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Addenda.

Protests to an Addendum, if issued, must be submitted by 5:00 p.m. Pacific 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;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based; and

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

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

• Protests to an Addendum must be received by the due date identified in the Addendum.

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:

Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf 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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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 two ways. Proposer may draft a document on letterhead with authorized signature outlining those portions being modified. The document must include a statement that the modification replaces the information in the initial submission with the revised information. This modification may be submitted to the SPC via email to the address on the cover of this RFP. Alternately, the Proposer may withdraw their submittal from OregonBuys and resubmit a complete new Proposal on OregonBuys. All Modifications must be made prior to the Closing/Opening date and time.

If a Proposer wishes to withdraw a submitted Proposal, Proposer may withdraw the Proposal in one of two ways. Proposer may submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 137- 047-0440, or Proposer may withdraw a submitted Proposal from OregonBuys, by using the “Withdraw Quote” button. All Withdrawals must be made prior to the Closing/Opening date and time.

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.

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

4.8 PUBLIC OPENING

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

Join on your computer or mobile app Click here to join the meeting

Or call in (audio only) +1 503-446-4951,,968221631# Phone Conference ID: 968 221 631#

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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTBmYmUxMjktZTkwNi00ZDFhLWEzZDQtNTgyM2ViZjBiZTRi%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22b84ebd5c-5518-4277-b016-f0c310c5e4f7%22%7d tel:+15034464951,,968221631#%20

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

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

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

OAR 137-047-0470.

4.10.1.2 Responsibility Determination

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

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

SCORE EXPLANATION

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

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

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

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

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

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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).

The Evaluation Committee will score each Region individually in each Proposal. Awards will be evaluated by Region and as a total Proposal package. Proposers may eligible for Award for one or multiple Regions, as determined by the Evaluation Committee to be in the best interest of the Agency.

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 History

Demonstrate the ability to produce Live Male Pheasants meeting the specifications outlined in sections of the RFP, to include but not be limited to, Sections 2.3, 3.1, and 3.3.2. Proposer must have a minimum of one (1) year of successful professional experience raising and delivering live male pheasants comparable to those required under this RFP. Experience must be within the last five (5) years immediately preceding Proposal submission.

4.10.2.2 Disease

Provide adequate facilities to produce contracted pheasants that meets the most recent National Poultry Improvement Plan (NPIP) guidelines. Facility should have adequate space to maintain sanitation, minimize disease outbreaks, and be capable of raising the intended number of pheasants without overcrowding.

Please explain any disease outbreaks that have occurred recently at the facility.

4.10.2.3 Transportation

Demonstrate the ability to safely and humanely transport pheasants. Include information on the size of crates and pheasants per crate during transport. Crates should be disinfected between deliveries. To reduce transport time, contractors in closer proximity are desirable.

4.10.3 PRICE EVALUATION

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

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

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4.10.4 PREFERENCES

4.10.4.1 Reserved

4.10.4.2 Reserved

4.10.4.3 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.10.4.4 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

The table below contains the total points possible for each evaluation criteria. Each Committee member will perform a separate evaluation for each Region included in a Proposal.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal by Region (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 by Region, with the highest score receiving the highest rank, and successive rank order determined by the next highest score. In the event a Proposal that responds to more than one Region, does not rank highest in each Region proposed, ODFW reserves the right to consider awarding all Regions to one Proposer, if it is determined to be in the best interest of ODFW.

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

NEXT STEP DETERMINATION

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE

4.10.2.1 History 10

4.10.2.2 Disease 10

4.10.2.3 Transportation 30

4.10.3 Price 50

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

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Price Agreement(s), will award a Price Agreement(s) to the highest ranking Responsible Proposer(s) for each Region, or as an entire package, 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 Price Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are non-Responsive.

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

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

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

Chapter 279B or ORS Chapter 279A.

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

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5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

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

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

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 C of Attachment A – Sample Price Agreement.

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

5.3.4 Responsibility Inquiry

Proposer shall complete and submit Attachment G — Responsibility Inquiry with their Proposal.

5.3.5 Pay Equity Certification

If selected for award and the Price Agreement value exceeds $500,000 and Proposer employs http://sos.oregon.gov/business/pages/register.aspx

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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 Price Agreement.

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.7 COMPLIANCE WITH OREGON EXECUTIVE ORDER 21-29

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

If selected for award of a Price Agreement, Proposer shall be required to certify during the term of the Price Agreement or the duration of EO 21-29, whichever expires or terminates first, that Contractor has obtained Proof of Vaccination from all Workers providing goods or services at an Agency Worksite are Fully Vaccinated against COVID-19 or have met the requirements for an exception under paragraph 6 of EO 21-29. The definitions in Section 2.2 (“Special Definitions for Interpreting EO 21-19 Obligations”) apply to this paragraph. A form of certification with definitions is attached as Exhibit Attachment H.

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Price Agreement 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 Price Agreement, 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 Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).

Following the selection of the apparent successful Proposer(s), Agency may agree to https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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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. Agency will consider the scope of requested exceptions in the evaluation of Proposals.

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

5.4.2 Contractor Selection Methodology

In the event multiple Price Agreements are awarded, Agency will use the following methodology to determine from which Contractor to purchase.

• Issue all purchases, if any, per Region to the awarded Contractor for that Region.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

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

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 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 Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

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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All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Price Agreement, 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 Agency.

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

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

6.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Price Agreement.

(ORS 279B.025)

https://www.oregon.gov/das

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ATTACHMENT A – SAMPLE PRICE AGREEMENT

STATE OF OREGON

PRICE AGREEMENT 535-315-21

PURCHASE AND DELIVERY OF LIVE MALE PHEASANTS

BETWEEN

OREGON DEPARTMENT OF FISH AND WILDLIFE

Price Agreement Contract Administrator: Kelly Walton

Address: 4034 Fairview Industrial Drive SE, Salem, Oregon 97302 Phone: 503-947-6322 Email: kelly.m.walton@odfw.oregon.gov

AND

[CONTRACTOR NAME]

Contract Administrator: [Name, Title]

Address: [Street Address] Phone: [Phone] Email: [Email]

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TABLE OF CONTENTS

SECTION 1: Agreement

1.1 PARTIES

1.2 DEFINITIONS

1.3 TERM OF AGREEMENT

1.4 TERMINIATION OF AGREEMENT

1.5 ORDERING INSTRUMENTS

1.6 PRICES

1.7 INSURANCE

1.8 MISCELLANEOUS

SECTION 2: Standard Terms for Contracts Under This Agreement

2.1 CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

2.2 PAYMENT

2.3 OVERDUE CHARGES

2.4 PAYMENT ADDRESS

2.5 INVOICES

2.6 PRICES

2.7 CANCELLATION, INSPECTIONS AND ACCEPTANCE

2.8 REPRESENTATIONS AND WARRANTIES

2.9 COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS

2.10 FOREIGN CONTRACTOR

2.11 SAFETY DATA SHEET

2.12 TIME IS OF THE ESSENCE

2.13 FORCE MAJEURE

2.14 FUNDS AVAILABLE AND AUTHORIZED

2.15 INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING

2.16 INDEMNIFICATION

2.17 EVENTS OF DEFAULT

2.18 REMEDIES

2.19 TERMINATION AND STOP WORK

2.20 ACCESS TO RECORDS

2.21 NOTICES

2.22 ORDERING ACKNOWLEDGEMENTS

2.23 GOVERNING LAW

2.24 VENUE; CONSENT TO JURISDICTION

2.25 SURVIVAL

2.26 SEVERABILITY

2.27 ASSIGNMENTS, SUBCONTRACTS, AND SUCCESSORS

2.28 MERGER CLAUSE; AMENDMENT; WAIVER

2.29 ASSIGNMENT OF ANTITRUST RIGHTS

2.30 OREGON FALSE CLAIMS

2.31 COMPLIANCE WITH EXECUTIVE ORDER 21-29

SECTION 3: Special Terms For Contracts Under This Agreement

3.1 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS

SECTION 4: Signature of Contractor’s Duly Authorized Representative

SECTION 5: Signature of Agency

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LIST OF EXHIBITS

EXHIBIT A DESCRIPTION OF THE GOODS AND PRICES

EXHIBIT B PURCHASE ORDER FORM

EXHIBIT C INSURANCE REQUIREMENTS

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This Price Agreement (“Agreement’) is between the State of Oregon, acting by and through Oregon Department of Fish and Wildlife, (“Agency” or “ODFW”) and [insert Contractor’s name], a [insert state of incorporation] (“Contractor”).

SECTION 1: AGREEMENT

1.1 PARTIES

The only parties to this Agreement are Agency and Contractor.

1.2 PRICE AGREEMENT DOCUMENTS

This Price Agreement consists of the following documents, which are listed in descending order of precedence:

• this Price Agreement less all exhibits

• Exhibit A (Description of the Goods and Prices)

• Exhibit B (Purchase Order Form)

• Exhibit C (Insurance Requirements)

• RFP S-63500-00001273 (Purchase and Delivery of Live Male Pheasants)

• Proposer Response (PROPOSER NAME)

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

1.3 DEFINITIONS

“Agreement” or "Price Agreement" means this agreement between Contractor and Agency under which Contractor agrees to hold prices, terms, and conditions firm for a specified period of time for the benefit of Agency.

“Business Day” means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, excluding State of Oregon holidays and business closure days.

“Calendar Day” means contiguous days.

"Contract" means the entire agreement between Contractor and Agency, comprised of a signed Purchase Order and this Price Agreement, including any exhibits and amendments.

"Goods" means the individual items described in Exhibit A.

“Protected Class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status,…