RFP S-63500-0000609 GPS Satellite Tracking Collars for Mule Deer.pdf

RFP S-63500-00000609 GPS Satellite Tracking Collars for Mule Deer Page 1 of 57

State of Oregon

COVER PAGE

Oregon Department of Fish and Wildlife

Is issuing this Request For Proposals (“RFP”) under OregonBuys Bid Number:

S-63500-00000609

For

GPS SATELLITE TRACKING COLLARS FOR MULE DEER

Date of Issue: August 26, 2021

Opening Date and Time: September 9, 2021

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) 503-947-6069 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.

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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 RESERVED

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 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

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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 COLLAR SAMPLE PHOTOS

ATTACHMENT I SCORED PROPOSAL CONTENT FORM

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the 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 one hundred fifty (150) GPS iridium satellite tracking collars for adult mule deer does and one hundred fifty (150) GPS iridium or Globalstar satellite tracking collars for juvenile (six (6) month old) mule deer and associated data collection services for up to two

(2) years. The collars are for deployment in December 2021.

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

Agency anticipates the award of one contract, reserving the right to award more than one contract, from this RFP.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Questions / Requests for Clarification Due September 1, 2021 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) September 3, 2021

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Proposal Due / Opening of Proposal September 9, 2021 2:00 PM

Issuance of Notice of Intent to Award (approx.) September 13, 2021

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(6)(m) and ORS 496.146(11).

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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.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

ODFW’s mission is to protect and enhance Oregon's fish, wildlife, and their habitats for use and enjoyment by present and future generations. Proposals are being requested by ODFW’s Wildlife Division. The Wildlife Division consists of three main programs – Conservation, Game, and Habitat.

• The Conservation Program is responsible for statewide species surveys, conservation and management of sensitive, threatened and endangered species, marine mammal health, and implementation of the Comprehensive Wildlife Conservation Strategy.

• The Game Program is responsible for inventory and monitoring, of game species, game management, hunter surveys, harvest regulations, investigation of wildlife diseases, wildlife damage prevention and response, and predator control.

• The Habitat Program is responsible for management of the department’s 16 wildlife areas, development and restoration of fish and wildlife habitat, landowner assistance for habitat development, the Access and Habitat Program, and administration of Pittman-Robertson Act funds.

This proposal request is under the Game Program with the goal of supporting the ODFW mission by conducting big game survey operations, wildlife research, disease surveillance, other wildlife species census, related wildlife actions, and habitat condition inventories.

2.3.2 Project Overview and Background

The purpose of the RFP is to establish a Contract for ODFW for the purchase and delivery of approximately one hundred fifty (150) GPS receiver/radio transmitter collars with Iridium satellite capabilities for placement on mule deer does in Oregon, approximately one hundred fifty (150) VHF radio collars for placement on juvenile (six (6) month old) mule deer in Oregon, and data collection services for all of the collars (“Services”) for up to two (2) years. ODFW may increase or decrease the number of collars purchased based on funding availability and product price.

The objective of the project is to provide estimates of annual adult survival and overwinter juvenile survival of mule deer in select monitoring areas of eastern Oregon.

The programming supported by the collars must also alert ODFW in the event of a mortality of a collared animal. This will allow ODFW biologists to investigate the cause of mortality for each animal. ODFW will use this data to provide an estimate of adult survival, which is an important factor to develop accurate population estimates.

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2.4 SCOPE OF WORK/SPECIFICATIONS

2.4.1 Proposer shall deliver approximately one hundred fifty (150) GPS radio transmitter collars, the number of which will be determined by Agency in its sole discretion, which are Iridium satellite compatible with VHF beacons at user defined frequencies for deployment on adult mule deer does in 2021 as described in this RFP. The collars must meet all of the following minimum specifications:

a. Iridium satellite compatible.

b. User programmable/or factory programmed for 5 hour acquisition interval.

c. 2 way communications with the satellite to maximize remote data upload.

d. Mortality notification via email and/or text message.

e. Estimated monthly data fees to be billed periodically but not more frequently than monthly.

f. Functional lifespan of 36 months.

g. Include colored belting options if available.

2.4.2 Proposer shall deliver approximately one hundred fifty (150) GPS radio transmitter collars, the number of which will be determined by Agency in its sole discretion, which are Iridium satellite or Globalstar satellite compatible with VHF beacons at user defined frequencies for deployment on juvenile mule deer (six (6) month old) in 2021 as described in this RFP. The collars must all of meet the following minimum specifications:

a. Iridium or Globalstar satellite compatible.

b. User programmable/or factory programmed for minimum 1 GPS locations per day.

c. Mortality notification via email and/or text message.

d. Estimated monthly data fees to be billed periodically but not more frequently than monthly.

e. Functional lifespan of 24 months.

f. Weight not to exceed 450g:

i. Drilled to 10/32 or 8mm for attachment with latex tubing. Note: the latex tubing is the responsibility of the Agency. Vendor is only required to drill the belting to accommodate that attachment method.

ii. Second break in collar belting for clamp attachment desired but not required. See Attachment H for sample photos.

2.4.3 Proposal must include all software and hardware needed for programming, deployment, data retrieval, data conversion if applicable, and communication with all transmitters. If Contractor’s goods and services include one or more intellectual property license(s) (such as a software license or an end user license agreement) or maintenance and support agreement(s), then such license(s) and support agreement(s) are subject to the terms and conditions of the appropriate State of Oregon rider, found online at:

https://www.oregon.gov/das/Procurement/Pages/ITsoftware.aspx, which is incorporated herein by reference. The parties will execute the relevant rider and include the rider and the affected license(s) and support agreement(s) as an exhibit to the Contract.

https://www.oregon.gov/das/Procurement/Pages/ITsoftware.aspx

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2.4.4 Proposal must include initial costs and activation fees, all data collection subscription fees, and message delivery fees for two (2) years after deployment for all collars. In the event a collar is not in operation, failed, or using data, any prepaid data months shall be credited or held on account and applied to any replacement or active collars after the initial two (2) months.

2.4.5 Proposal must include annual cost of data downloads on a per collar basis for two (2) years for adult collars and two (2) years for juvenile collars after deployment for all collars.

2.4.6 Proposed pricing must include taxes, shipping, and any importation tariffs if Proposer is outside of the United States. Prices of individual collars shall be as specified in Attachment E, Price Proposal Form of this RFP. ATTACHMENT E SHALL BE SUBMITTED IN OREGONBUYS

AS A SEPARATE FILE FROM THE MAIN PROPOSAL.

2.4.7 Proposal shall contain a full description of product warranty.

2.4.8 Delivery will be needed on or before November 1, 2021 for deployment in December 2021.

2.4.9 ODFW intends to purchase one hundred fifty (150) of each collar style. Actual quantities may vary depending on pricing and available funding.

2.4.10 This purchase is funded with federal funds. Contract(s) resulting from this RFP incorporate terms and conditions set forth in this RFP, including without limitation the federal contract provisions for non-federal entity contracts under federal awards set forth in Attachment A.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 RESERVED

3.2.2 Proposal Submissions

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

• Mule deer doe and juvenile GPS collar & data collection specifications Proposal

(providing data to verify the requirements in Section 2.4 Scope of Work/Specifications)

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Contact Information Form (Attachment D)

• Price Proposal Form (Attachment E)

• Certified Disadvantaged Business Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Scored Proposal Components Form, Proposer Collar Performance History (Attachment I)

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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 the link provided in Section 4.5 for electronic submission.

The Price Proposal must be submitted as a separate electronic response file.

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

Attachment C Proposer Information and Certification Sheet 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.

3.3.2 References

Provide five (5) references from current or former client firms for similar projects performed for any clients within the last three (3) years. Three (3) of these references must include

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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. Agency will make three attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful and ODFW cannot locate an alternate reference for Proposer, the Proposer will receive a score of zero for that reference.

3.3.3 Price Proposal

Proposers shall submit a detailed Price Proposal (Attachment E) in a separate electronic file through OregonBuys.

For the goods and Services described in the Scope of Work, the Price Proposal must include the price for each delivered item, monthly services based on the required delivery schedule, and any additional associated fees.

3.3.4 Responsibility Inquiry

Submit a completed Attachment G Responsibility Inquiry.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

4.2 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;

https://oregonbuys.gov/

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

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

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract. 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 Addenda

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

Protests to an Addenda, 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:

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Proposals must be submitted electronically through OregonBuys at:

https://oregonbuys.gov/bso/.

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of 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 from OregonBuys, it must delete the submission using the “Withdraw Quote” button.

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 the Opening is accessible by 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,,814163622# United States, Portland Phone Conference ID: 814 163 622#

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.

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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjAyZWE5ZjQtY2I1MC00NGEyLWE3ZjYtMjU0ZjhkODYwMTAy%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,,814163622#%20

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

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

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

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

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

however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.10.1.2 Responsibility Determination

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

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.

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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.

Agency reserves the right to evaluate and score the adult and juvenile collars separately to evaluate the benefits of awarding to a single or to multiple Proposers, in the best interest of the Agency.

4.10.2.1 Collar Specifications

• How well does the proposed collar meet the specifications for adult mule deer?

• How well does the proposed collar meet the specification for juvenile mule deer?

• Does proposed collar have the drilled holes for the latex tubing? The second break in collar for clamp attachment for juvenile?

• What are the warranty details?

4.10.2.2 References

• Business History and Reliability.

• Customer Service.

• Repairs and warranty work.

4.10.2.3 Product Reliability

• Evaluation of answers on Attachment I.

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

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.

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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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 Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.11 POINT AND SCORE CALCULATIONS

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

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

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.

TOTAL POINTS POSSIBLE 100

4.10.2.1 Proposed Collar Specifications 40

4.10.2.2 References 10

4.10.2.3 Product Reliability (Attachment I) 10

4.10.3 PRICE POINTS POSSIBLE 40

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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

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

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.12.1 Competitive Range Determination

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

Agency reserves the right to conduct interviews or request the submission of Best and Final Offers. Details including requirements and scoring criterial and points of each potential additional round will be supplied to all eligible Proposers when determined.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

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

5.1.2 Intent to Award Notice

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

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5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are non-Responsive.

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

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

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

Chapter 279B or ORS Chapter 279A.

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

5.2.1.1 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 Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Section 5 of Attachment A.

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5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

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

5.3.4 Reserved

5.3.5 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 Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

5.3.6 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.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes.

Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

RFP S-63500-00000609 GPS Satellite Tracking Collars for Mule Deer Page 18 of 57 forth in Sample Contract (Attachment A).

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

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

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

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

• Price unless Agency and Contractor agree to prices that are lower than what the

Bidder/Contractor submitted in Attachment E in response to this RFP

In the event that the parties have not reached mutually agreeable terms within 10 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

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

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

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

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

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed, construed, and enforced in accordance with 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 https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

RFP S-63500-00000609 GPS Satellite Tracking Collars for Mule Deer Page 19 of 57 eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, 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 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 Contract. (ORS 279B.025) https://www.oregon.gov/das

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ATTACHMENT A - SAMPLE CONTRACT

STATE OF OREGON

CONTRACT FOR THE

PURCHASE OF GOODS

(“Contract”)

Overview

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

• This Contract less all exhibits;

• Exhibit A (Statement of Work);

• Exhibit B (ITB and any addendum); and

• Exhibit C (Bidder’s Response).

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

1. SERVICES.

This Contract is between the State of Oregon (“State”), acting by and through Department of Fish and Wildlife ("Agency" or "ODFW"), and [Insert Contractor’s name here; if Contractor is a corporation, add the state of incorporation, e.g.: ACME Widget Company, a Delaware corporation] ("Contractor"), each a Party and, together, the Parties.

This Contract is effective on the date is has been signed by all Parties and all required State of Oregon approvals have been obtained. This Contract expires on the later of [insert date], the date all warranties have expired or the date Contractor has completed delivery of all Goods and Services in accordance with the requirements of this Contract, as determined by Agency.

Contractor agrees to sell and deliver, and Agency agrees to purchase, Goods, specifically 150 adult doe mule deer and 150 juvenile (six month) mule deer GPS collars, and Services, specifically satellite and data collection services, for the benefit of Agency subject to the following terms and conditions:

2. DEFINITIONS.

A. “Goods” means the 150 adult doe mule deer and 150 juvenile (six month) mule deer GPS collars that meet the Specifications.

B. “IRS” means the Internal Revenue Service.

C. "Services" means the satellite and data collection services and other, if any, that are incidental to the purchase of Goods and that Contractor is required to perform under section 3.

D. "Specifications" means the specific attributes of Goods described in section 4.

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3. REQUIRED GOODS, SERVICES, PRICING AND DELIVERY SCHEDULE.

Contractor shall deliver to Agency the following Goods for the prices specified in this section 3.

A. GOODS. The manufacture and delivery of 150 adult doe mule deer and 150 juvenile (six month) mule deer GPS collars.

DELIVERY. Delivery of Goods is Free on Board (“FOB”) Destination, meaning that Contractor bears the risk of loss until acceptance at the Salmon River Hatchery by Agency.

Delivery date is no later than November 1, 2021.

B. SERVICES. The data collection and satellite services for the specified 24 month term related to the Goods in subsection A.

Contractor shall retain the risk of loss of Goods until Agency accepts Goods in accordance with section 5.D.

Agency shall pay Contractor:

The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $_______________. Agency will not pay or reimburse any expenses incurred by Contractor during provision of the Goods and Services. Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract and will not pay for Goods or Services provided 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 provides subject to the amendment.

Payments. Payments, including interim payments, to Contractor are subject to ORS 293.462, shall be made only for completed and accepted Goods.

4. SPECIFICATIONS.

Contractor shall deliver all Goods and Services specified in section 2 in accordance with this section

4. Contractor’s failure to deliver Goods and Services in accordance with the provisions of this Contract is a material breach of this Contract.

A. GENERAL PROVISIONS.

i. NON-COMPLIANCE. If any Goods or component parts are recalled by a regulatory body or the manufacturer, or discovered by Contractor not to comply with applicable regulatory standards or the Specifications, Contractor shall immediately notify Agency of the recall or non-compliance, and shall provide copies of the recall notice or notice of non-compliance, as applicable, and all other supporting documentation for the recall or non-compliance determination. Agency may elect to (a) reject Goods in whole or in part, or (b) revoke its acceptance of Goods in whole or in part. If Agency rejects Goods or revokes its acceptance of Goods, Contractor shall remove the particular Goods from Agency’s possession at no cost to Agency and shall reimburse Agency for all payments made for those Goods.

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ii. STANDARD COMPONENTS. Unless specified otherwise in this section 4, Specifications, Contractor shall provide Goods and Services with all components and accessories that the manufacturer lists as “standard” for Goods and Services.

iii. NECESSARY COMPONENTS. Unless specified otherwise in this section 4, Specifications, Contractor shall include all components, hardware, parts, and data services necessary for complete and proper assembly, installation, and operation of Goods and Services.

iv. NEW AND UNUSED GOODS. Unless specified otherwise in this section 4, Specifications, Contractor shall deliver Goods that are new, unused, and produced from current production inventory. Contractor shall provide Goods manufactured from only those components that the manufacturer offers in the manufacturer’s current parts catalogue for Goods.

B. DETAILED SPECIFICATIONS.

THE COLLARS AND DATA SERVICES MUST MEET THE SPECIFICATION IN THIS SECTION. THE

FOLLOWING ARE THE SPECIFICATIONS FOR THE 150 ADULT DOE MULE DEER COLLARS AND 150

JUVENILE (SIX MONTH) MULE DEER COLLARS AND RELATED DATA COLLECTION AND

TRANSMISSION SERVICES:

Proposer shall deliver one hundred fifty (150) GPS radio transmitter collars which are Iridium satellite compatible with VHF beacons at user defined frequencies for deployment on adult mule deer does in 2021 as described in this RFP. The collars shall meet the following minimum specifications:

a. Iridium satellite compatible.

b. User programmable/or factory programmed for 5 hour acquisition interval.

c. 2 way communications with the satellite to maximize remote data upload.

d. Mortality notification via e-mail and/or text message.

e. Estimated monthly data fees to be billed periodically but not more frequently than monthly.

f. Functional lifespan of 36 months.

g. Include colored belting options if available.

Proposer shall deliver one hundred fifty (150) GPS radio transmitter collars which are Iridium satellite or Globalstar satellite compatible with VHF beacons at user defined frequencies for deployment on juvenile mule deer (six (6) month old) in 2021 as described in this RFP. The collars shall meet the following minimum specifications:

a. Iridium or Globalstar satellite compatible.

b. User programmable/or factory programmed for minimum 1 GPS locations per day.

c. Mortality notification via email and/or text message.

d. Estimated monthly data fees to be billed periodically but not more frequently than monthly.

e. Functional lifespan of 24 months.

f. Weight not to exceed 450g:

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i. Drilled to 10/32 or 8mm for attachment with latex tubing. Note: the latex tubing is the responsibility of the agency. Vendor is only required to drill the belting to accommodate that attachment method.

ii. Second break in collar for clamp attachment desired but not…