RFP S-69000-00012015.pdf

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STATE OF OREGON

COVER PAGE

OREGON WATER RESOURCES DEPARTMENT

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-69000-00012015 for:

CROOKED RIVER CENTRAL FLUME PROJECT

Date of Issue: November 12th, 2024

Opening Date and Time: December 11th, 2024 @ 5:00 PM

Single Point of Contact (SPC): Robin Ramsey, Procurement and Contract Specialist

Address: 725 Summer Street NE, Suite A City, State ZIP: Salem, OR 97301 Phone: (971) 375-8850 Email: robin.v.ramsey@water.oregon.gov

The State of Oregon promotes the equal opportunity for all individuals without regard to age, color, disability, marital status, na�onal origin, race, religion or creed, sex or gender, sexual orienta�on, or veteran status.

mailto:robin.v.ramsey@water.oregon.gov

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Table of Contents

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 ADDITIONAL ROUNDS

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 COMMITMENT TO DIVERSITY, EQUITY, INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 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 – submitted by proposer

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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The State of Oregon, ac�ng by and through the Oregon Water Resources Department, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for the construc�on of a concrete flume to upgrade the Crooked River Central Diversion.

The Oregon Water Resources Department (OWRD) is charged with carrying out the water management policies and rules set by the Water Resources Commission and with overseeing the enforcement of Oregon’s water laws.

The OWRD is organized into five divisions: Field Services, Technical Services, Water Rights and Adjudica�ons, Director’s Office, and Administra�ve Services. OWRD headquarters and the Northwest Regional Office are in Salem, Oregon. The OWRD also has four other regional offices and 20 small field offices throughout Oregon.

Agency an�cipates the award of 1 Contract from this RFP.

The ini�al term of the Contract is an�cipated to end April 1, 2025, upon the comple�on of this Project.

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

Event Date Time

Pre-Proposal Conference N/A

Ques�ons / Requests for Clarifica�on Due November 19th , 2024 5:00 PM Answers to Ques�ons / Requests for Clarifica�on Issued (approx.) November 25th, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) December 11th, 2024 @ 5:00 PM

Opening of Proposal December 12th, 2024 8:00 AM

Issuance of No�ce of Intent to Award (approx.) December 19th, 2024

Award Protest Period Ends 7 calendar days a�er No�ce of Intent to Award

The SPC for this RFP is iden�fied on the Cover Page, along with the SPC’s contact informa�on. Proposer shall direct all communica�ons 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.

Agency is issuing this solicita�on pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement Solicita�on method set forth in ORS 279B.070, OAR 125-247-0260, and OAR 125-247-0270. Agency may use a combina�on of the methods for Compe��ve Sealed Proposals, including op�onal procedures: a) Compe��ve Range; b) Discussions and Revised Proposals; c) Revised Rounds of Nego�a�ons;

d) Nego�a�ons; e) Best and Final Offers; and f) Mul�step Sealed Proposals.

For the purposes of this Solicita�on, capitalized words will refer to the following defini�ons.

https://oregon.public.law/statutes/ors_537.515 https://oregon.public.law/statutes/ors_279A.050 https://oregon.public.law/statutes/ors_279A.140 https://oregon.public.law/statutes/ors_279b.070 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309618 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=300224

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Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

Terminology specific to the OregonBuys system may be found at OregonBuys.

The Oregon Water Resources Department (OWRD) is charged with carrying out the water management policies and rules set by the Water Resources Commission and with overseeing the enforcement of Oregon’s water laws.

The OWRD is organized into five divisions: Field Services, Technical Services, Water Rights and Adjudica�ons, Director’s Office, and Administra�ve Services. OWRD headquarters and the Northwest Regional Office are in Salem, Oregon. The OWRD also has four other regional offices and 20 small field offices throughout Oregon.

The Field Services and Technical Services Divisions manage and administer the gage sta�on opera�ons and maintenance. The OWRD operates and maintains over 250 gaging sta�ons across the state. OWRD invites proposals for its purchase of water measurement devices. See the list of device specifica�ons below.

The Crooked River Collabora�ve Water Security and Jobs Act of 2014 (CRCWA) resulted in, among other things, a modifica�on to the use of water storage rights in the Prineville Reservoir. Due to modifica�ons in the number of account holders by the passage of the CRCWA, a more detailed accoun�ng of Crooked River diversions is required. To determine how accounts are filled and how unused water is carried over from one water year to the next water year, exis�ng Hydromet gages [operated, maintained and managed by Oregon Water Resources Department (OWRD) and the U. S. Bureau of Reclama�on (Reclama�on)] are u�lized to track inflows, ou�lows, and diversions along the Crooked River.

In a con�nuing effort to effec�vely manage and oversee the alloca�on of water resources in the Crooked River, OWRD and Reclama�on have iden�fied the need for the measurement of the Crooked River Central Diversion from the Crooked River downstream of the Prineville Reservoir. The OWRD District 24 Watermaster’s office and the Bureau of Reclama�on will use data gathered at the site for water management and for hydrologic analysis to support water management and policy decisions.

Oregon Water Resources Department (OWRD) is reques�ng a proposal for construc�on of a concrete flume to upgrade the Crooked River Central Diversion to accommodate a stream gaging sta�on. These services will upgrade the exis�ng Crooked River Central Diversion with a concrete flume to enable gage measurement at the site – specifically, upgrades to the South ditch facilitate measurement of the diversion. Measurement equipment will be provided by OWRD. These services will be funded with our exis�ng contract with the Bureau of Reclama�on.

The proposed Crooked River Central (CRC) diversion is in the Northwest Quarter of the Northeast Quarter of Sec�on 27, Township 14 South, Range 15 East. The approximate site coordinates are 44.33393°, -120.91300° (Figure 1). The proposed concrete flume project area is located approximately 950 feet west of the diversion along the south ditch (Figure 2). The CRC diversion (RM 44.3) is located approximately 3.5 miles downstream of the Highway 126 bridge in the City of Prineville.

Driving Directions:

Beginning in the City of Prineville, drive northwest on the O’Neil Highway (HWY 370) for roughly 4 miles to Elliot Ln. Turn North (right) on Elliot Ln. and travel approximately 1/3 mile to the gate on the right. Turn east (right) onto the gravel road and travel roughly 3/4 mile to the gravel turnaround and the diversion structure.

The project area is secured behind at least 2 gates and accessible to large vehicles, including concrete trucks.

https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=300204 https://www.oregon.gov/das/ORBuys/Pages/Index.aspx https://www.congress.gov/113/plaws/publ244/PLAW-113publ244.pdf

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The Crooked River Central (CRC) diversion site consists of a diversion structure, a concrete headgate structure, headgate, fish ladder, and a secondary turbine pump down-gradient of the headgate (Figure 3). There are two irriga�on ditches leading from the diversion – the north ditch supplied by the turbine pump, and the south ditch supplied by gravity flow.

The proposed concrete flume is to be located within the south ditch, approximately 950 feet west of the diversion headgate. The south ditch is currently unlined with alluvial surface soils comprised of silty SAND and GRAVEL with scatered cobbles.

The proposed work is expected to take place out of the irriga�on season; therefore, no water is expected in the south ditch during construc�on and no dewatering design is needed. While groundwater is generally shallow at the project site, the proposed concrete flume subgrade eleva�on is not an�cipated to intersect the groundwater table. During periods of diversion for irriga�on in the summer months, the south ditch conveys water at a rate between 5 and 25 cubic-feet-per-second (cfs).

An underground u�lity locate (411) is required prior to the work. However, underground u�li�es are not an�cipated at the flume construc�on site.

The proposed concrete flume is located approximately 950 feet west of the Crooked River Central Diversion structure within the exis�ng south ditch (Figure 4). The exis�ng unlined ditch is approximately 3.5 feet deep and between 18 and 25 feet wide. The exis�ng grade eleva�on of the south ditch is adequate and is to be maintained through the finished flume structure.

Required dimensions of the proposed structure are presented on Figures 5a and 5b. As shown on Figure 5a, proposed flume dimensions consist of an 8-foot-wide, by 10-foot-long, by 3-foot-deep concrete box with 10-inch-thick floor and walls. A 3-inch-wide by 36-inch-long, ¼-inch stainless steel channel is required at the downstream end to accommodate weir boards (Figure 5b).

An�cipated site prepara�on consists of excava�on of near-surface soils and subgrade placement and compac�on. Reinforcement shall consist of #5 Rebar. Finished flume walls shall be backfilled with clean, compacted backfill to finished grade. Clean, screened 4- to 6-inch rock shall be placed along the upstream and downstream lips of the structure to minimize erosion.

To provide a founda�on for the NEMA box gage house, a 4-foot by 4-foot by 6-inch-thick concrete pad is required adjacent to the concrete flume. The pad may be integrated into the north wall of the flume as needed or may be formed separately. The pad must be along the north side of the flume and south of the exis�ng access road.

Fencing of adequate size and strength is required around the NEMA box gage house. The fencing shall consist of metal posts with cross bracing to prevent livestock damage to the gage house. The fenced area should be large enough for entry and maintenance of the NEMA Box and associated instrumenta�on (approximately 10’ by 10’). A lockable gate is required.

To accommodate power and communica�on between the exis�ng CRC diversion and the proposed NEMA box gage house, a 950-foot-long trench and 1-inch conduit is required along the exis�ng access road.

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To be considered for evalua�on, Proposal must demonstrate how Proposer meets all requirements of this sec�on:

• Must be a licensed and bonded contractor in the State of Oregon and in good standing.

• The Proposer must be currently registered with the Secretary of State to conduct business in the state of Oregon and must be in compliance with applicable State laws.

• Key Person must be a licensed and bonded contractor in the State of Oregon and in good standing.

To be considered for evalua�on, Proposal must contain each of the following elements (further detailed in Proposal Requirements Sec�on below):

• Execu�ve Summary

• Administra�ve Proposal

• Technical Proposal

• Proposer Informa�on and Cer�fica�on Sheet (Atachment C)

• Reference Check form (Atachment D)

• Price Proposal (Atachment E) – submitted by Proposer

• Key Persons and Resumes

Proposal is limited to 5 pages. Any pages exceeding this limit will not be provided to the evalua�on commitee or considered in the evalua�on. The following items do not count toward the page limit:

• Disclosure Exemp�on Affidavit (Atachment B)

• Proposer Informa�on and Cer�fica�on Sheet (Atachment C)

• Reference Check forms (Atachment D)

• Price Proposal

• COBID Cer�fica�on / Outreach Plan (Atachment F)

• Responsibility Inquiry (Atachment G)

Proposal should follow the format and reference the sec�ons listed in the Proposal Requirements sec�on.

Responses to each sec�on and subsec�on 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 OregonBuys Vendor Formal Solicita�on Response.pdf for electronic submission.

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

Proposer shall submit one copy of its Proposal and all other submital requirements, with Atachment C – Proposer Informa�on and Cer�fica�on Sheet bearing the Proposer’s authorized representa�ve's signature, in one of the following formats: Adobe Acrobat (pdf), Microso� Word (docx), or Microso� 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 Exemp�on Affidavit (Atachment B). Proposer https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://oregon.public.law/statutes/ors_chapter_192

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The Proposer Informa�on and Cer�fica�on Sheet (Atachment C) must bear the Proposer’s authorized representa�ve's signature.

Failure of Proposer’s authorized representa�ve to sign the Proposal may result in rejec�on of the Proposal by Agency.

Proposal must address each of the items listed in this sec�on 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 prin�ng, or other materials not essen�al to the u�lity and clarity of the Proposal. Do not include marke�ng or adver�sing material in the Proposal, unless requested. Proposal should be straigh�orward and address the requests of the RFP. Proposal containing unsolicited marke�ng or adver�sing material may receive a lower evalua�on score if required informa�on is difficult to locate.

Proposer shall complete and submit the Proposer informa�on and Cer�fica�on Sheet (Atachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Informa�on Cer�fica�on Sheet may result in a finding of non-responsibility.

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

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain addi�onal informa�on, or verify any informa�on needed. Agency may contact any reference (submited or not) to verify Proposer’s qualifica�ons.

Proposer shall send the Reference Check Form (Atachment D) to its references. Reference forms must be completed by the reference and sent to the SPC. Reference forms must be received prior to Opening.

Reference forms not received before Opening will not be scored.

Submit a detailed Price Proposal (Atachment E) in a separate atachment electronically through OregonBuys.

• For each ac�vity described in the Scope of Work, the Price Proposal must include iden�fiable costs, �me es�mates for comple�ng each ac�vity, and a summary of all proposed costs;

• The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administra�ve and overhead charges; and

• Submit the detailed Price Proposal sta�ng the cost for each listed line item and the total cost for the en�re project. Include a unit-cost breakdown of all labor, mobiliza�on, materials, development �me, standby �me, and other expenses.

Specify Key Persons to be assigned to this Project and include a current resume (not to exceed two pages each) for each Key Person that demonstrates the person’s qualifica�ons and experience for the work described in this RFP.

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Briefly describe how propose would carry out the major ac�vi�es of this Project in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the work.

The RFP and atachments are published in the State of Oregon’s electronic Procurement system, OregonBuys, at htps://oregonbuys.gov/. Documents will not be mailed to prospec�ve Proposers.

Modifica�ons, if any, to this RFP will be made only by writen Addenda published in OregonBuys. Prospec�ve 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.

By submi�ng a Proposal, each Proposer thereby agrees that it accepts all risks and waives any claims that may be associated with or related its failure to obtain any Addendum, Addenda, or informa�on therein.

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

All inquiries, whether rela�ng to the RFP process, administra�on, deadline, or method of Award, or to the intent or technical aspects of the RFP must:

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

• Reference the OregonBuys Bid number;

• Iden�fy Proposer’s name and contact informa�on;

• Refer to the specific area of the RFP being ques�oned (i.e., page, sec�on, and paragraph number); and

• Be received by the due date and �me for Ques�ons/Requests for Clarifica�on iden�fied in the Schedule in

Sec�on 1.2.

Prospec�ve Proposer may submit a writen protest of anything contained in this RFP, including but not limited to, the RFP process, specifica�ons, Scope of Work, and the proposed sample Contract. This is prospec�ve Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take excep�on to the terms and condi�ons of the sample Contract marked as nego�able as set forth in Sec�on 5: Award and Nego�a�on.

Prospec�ve Proposer may submit a writen protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submited by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/�me specified in the Amendment, or they will not be considered.

Protests of maters not added or modified by the Amendment will not be considered.

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys Bid Solicita�on number;

• Iden�fy prospec�ve Proposer’s name and contact informa�on;

• Be sent by an authorized Representa�ve;

• State the reason for the protest, including:

https://oregonbuys.gov/

DAS Procurement Services, Version 4.5 March 31, 2023 Page 13 of 20 o The grounds that demonstrate how the Procurement Process is contrary to law, unnecessarily restric�ve, Legally Flawed, or improperly specifies a Brand Name; and o Evidence or documenta�on that supports the grounds on which the protest is based; and

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

• Protest to the RFP must be received by the due date and �me iden�fied in the Schedule in Sec�on 1.2.

• Protests to an amendment must be received by the due date iden�fied in the Amendment.

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 submited by any means not authorized below will be rejected. The following delivery op�ons are permited for this RFP:

Delivery through OregonBuys

Proposal submission should be submited electronically through OregonBuys at: OregonBuys.gov. Detailed instruc�ons on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicita�on Response.pdf

If a Proposer wishes to make modifica�ons to a submited Proposal, the Proposer must submit its modifica�on in one of the authorized methods listed in Sec�on 4.5 (Proposal Delivery Op�ons). To be effec�ve, the modifica�on must include the OregonBuys Bid Solicita�on number and be submited to the SPC prior to Opening.

If a Proposer wishes to withdraw a submited Proposal, it must submit a writen no�ce signed by an authorized representa�ve of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 137-047- 0440. To be effec�ve, the no�ce must include the OregonBuys Bid Solicita�on number.

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

A Proposal received a�er Opening is considered LATE and will NOT be accepted for evalua�on. A late Proposal will be returned to the Proposer or destroyed.

There will not be a public Opening held for this RFP. OWRD will post a list of Proposals received on OregonBuys within two business days of the Opening date.

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

• Proposer fails to substan�ally comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representa�ve 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 representa�ves, such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer atempts to influence a member of the Evalua�on Commitee.

• Proposal is condi�oned on Agency’s acceptance of any other terms and condi�ons or rights to nego�ate any alterna�ve terms and condi�ons that are not reasonably related to those expressly authorized for nego�a�on in the RFP or Amendment(s).

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11316 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11316 https://oregon.public.law/statutes/ors_279B.110

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A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Sec�on 3.1 (Minimum Qualifica�ons) and Sec�on 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarifica�on from Proposer. However, clarifica�on 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.

Agency will determine if an apparent successful Proposer is Responsible prior to Award and execu�on of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry Form (Atachment G) within 5 Business Days of receipt of Intent to Award No�ce.

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

The following is an example of how an evalua�on could be structured and may be modified to meet Agency needs:

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 mater and Project.

The Proposer provides insight into its exper�se, knowledge, and understanding of subject mater.

11-19 VERY GOOD – Response provides useful informa�on, 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 addi�onal informa�on put forth by the Proposer.

1 – 9 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject mater.

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 mater.

Each Proposal mee�ng all Responsiveness requirements will be independently evaluated by members of an Evalua�on Commitee. Evalua�on Commitee members my change, and Agency may have addi�onal or fewer evaluators for op�onal rounds of compe��on. Evaluators will assign a score for each evalua�on criterion listed below in Sec�on 4.10.2.1 up to the maximum points available as specified in Sec�on 4.11 (Point and Score Calcula�on).

SPC may request further clarifica�on to assist the Evalua�on Commitee in gaining addi�onal understanding of a Proposal. A response to a clarifica�on request may only clarify or explain por�ons of the already submited Proposal and may not contain new informa�on not included in the original Proposal.

• How complete, clear, and concise is the Proposal?

• How well does the Proposal Summary discuss Project highlights, key features, and dis�nguishing points of the Proposal?

https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11322

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• Does the Contractor have the required exper�se in construc�on, and

• Is there previous experience with similar water conveyance projects, par�cularly in a rural or agricultural se�ng?

• Does the Proposal address the specific challenges of the site, including any innova�ve design elements that could improve efficiency or durability?

• If changes to the Project Scope are suggested, how would they affect the cost of the Project as well as the comple�on �meline?

• Is the proposed �meline and schedule feasible and well thought out given loca�on and weather condi�ons?

• Does the proposed �meline meet the needs of the Project?

• Is there a history of adhering to �melines on past projects?

• Understanding of local regula�ons and permi�ng processes, local knowledge of geology and environmental concerns?

• Ability to work with landowners, water users, and applicable agencies?

Following scoring and ranking of proposals, based on the qualifica�ons-based criteria reference above in Sec�on 4.10.2, the sealed Price Proposals from Proposers will be opened and scored as follows:

• Proposer with the lowest Price Proposal will receive 20 points.

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

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

• All other Proposers will receive 0 points.

Agency prefers Oregon Goods and Services, and for evalua�on purposes per ORS 279A.128, Agency shall subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all services performed en�rely in Oregon before calcula�ng the price score.

For evalua�on purposes per OAR 137-046-0310, Agency shall add a percentage increase to each out-of- State Proposer’s Proposal price that is equal to the percentage preference, if any, given to a resident Proposer in the Proposer’s State.

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

If Agency receives Proposal iden�cal 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.

https://oregon.public.law/statutes/ors_279A.128 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11216 https://www.naspo.org/reciprocity1 https://oregon.public.law/statutes/ors_279A.125 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11212 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11212

DAS Procurement Services, Version 4.5 March 31, 2023 Page 16 of 20

TOTAL POINTS POSSIBLE: 100

POINTS POSSIBLE 100

4.10.2.1 Presenta�on 10

4.10.2.2 Technical Exper�se 20

4.10.2.3 Design and Innova�on 20

4.10.2.4 Timeline and Schedule 15

4.10.2.5 Local Knowledge and Permi�ng 15

4.10.3 Price Evalua�on 20

The SPC will average all scores for each evalua�on criterion. The average score will be used as a percentage mul�plier of the maximum points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evalua�on sec�on as set forth in Sec�on 4.10.3.

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 mul�plier to the possible points of 50. 50 Mul�plied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

The SPC will average the scores for each Proposal in a given round of compe��on (calculated by totaling the points awarded by each Evalua�on Commitee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s Price Score and Reference Score.

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

Agency may, in Agency’s sole discre�on, determine an apparent successful Proposer with no addi�onal rounds of compe��on. If addi�onal rounds are conducted, Agency will rank advancing proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any �me during the Solicita�on process.

NEXT STEP DETERMINATION

At the conclusion of a round of compe��on, Agency may choose to conduct addi�onal round(s) of compe��on if it’s in the best interest of the State. Addi�onal rounds of compe��on may consist of, but will not be limited to:

• Interviews

• Presenta�ons/Demonstra�ons/Addi�onal Submital Items

• Discussions and submital of revised Proposals

• Serial or simultaneous Nego�a�ons

• Best and Final Offers

If Agency, in its sole discre�on, determines that one or more addi�onal rounds of compe��on is necessary, it will select a Compe��ve Range to indicate the Proposers that will be invited to par�cipate in a subsequent round. The Compe��ve Range may include all, or at Agency’s sole discre�on, some (based primarily on a natural break in the distribu�on of scores), of the Proposers from a previous round. Agency will post a no�ce in OregonBuys of its Compe��ve Range Determina�on and provide details about the process and schedule for the subsequent round.

Proposers excluded from a round may submit a writen protest of Compe��ve Range. Protest must:

• Be emailed to the SPC;

• Reference the OregonBuys Bid Solicita�on number;

DAS Procurement Services, Version 4.5 March 31, 2023 Page 17 of 20

• Iden�fy Proposer’s name and contact informa�on;

• Be sent by an authorized representa�ve;

• State the reason for the protest; and

• Be received within 7 Calendar Days a�er issuance of the No�ce of the Compe��ve Range unless a different due date and �me is specified in such no�ce.

Agency will address all protests within a reasonable �me and will issue a writen decision to the respec�ve Proposer. Protests that do not include the required informa�on may not be considered by Agency.

No addi�onal round(s) planned for the RFP.

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 Sec�on 4. Agency may Award less than the full Scope of Work described in this RFP.

Agency will no�fy all Proposers in wri�ng that Agency intends to Award a Contract to the selected Proposer(s) subject to successful nego�a�on of any nego�able provisions.

An affected Proposer shall have 7 calendar days from the date of the Intent to Award no�ce to file a writen 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 protes�ng 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 evalua�on of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discre�on in rejec�ng the protestor’s Proposal as non-Responsive.

• Agency’s evalua�on of Proposal or determina�on of Award otherwise violates ORS Chapter 279B or

ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evalua�on process and Intent to Award protest period and proceed with Contract Nego�a�ons and Award.

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys Bid Solicita�on number;

• Iden�fy Proposer’s name and contact informa�on;

• Be signed by an authorized representa�ve of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award no�ce.

https://oregon.public.law/statutes/ors_279b.410 https://oregon.public.law/statutes/ors_chapter_279B https://oregon.public.law/statutes/ors_chapter_279A

DAS Procurement Services, Version 4.5 March 31, 2023 Page 18 of 20

Agency will address all �mely submited protests within a reasonable �me and will issue a writen decision to the respec�ve Proposer. Protests that do not include the required informa�on may not be considered by

Proposer(s) who are selected for a Contract award under this RFP will be required to submit addi�onal informa�on and comply with the following:

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as nego�ated. Insurance Requirements are found in Exhibit B of Atachment A (Sample Contract).

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

If selected for Award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before execu�ng the Contract. Visit htp://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry informa�on.

Prior to award, Proposer shall be required to complete and submit Atachment G – Responsibility Inquiry.

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-�me workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Cer�ficate, issued to the Proposer by the Oregon Department of Administra�ve Services. For instruc�ons on how to obtain the Cer�ficate, visit htps://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

As a condi�on of receiving the award of a Contract under this RFP, Proposer must cer�fy by its Signature on Atachment C – Proposer Informa�on and Cer�fica�on Sheet, in accordance with ORS 279A.112, that it has in place a policy and prac�ce of preven�ng sexual harassment, sexual assault, and discrimina�on against employees who are members of a protected class. The policy and prac�ce must include giving employees a writen no�ce that the policy both prohibits, and prescribes disciplinary measures for, conduct that cons�tutes sexual harassment, sexual assault, or unlawful discrimina�on.

A�er selec�on of a successful Proposer, Agency may enter into Contract Nego�a�ons with the successful Proposer. By submi�ng a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and condi�ons of the Sample Contract (Atachment A), with the excep�on of those terms listed below for nego�a�on.

Proposer shall review the atached sample Contract and note excep�ons.

Proposer must submit those excep�ons to Agency during the Ques�ons / Request for Clarifica�on period set forth in Sec�on 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to no�fy Proposers of such changes. Unless Agency issues an Amendment modifying any of http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx https://oregon.public.law/statutes/ors_279B.110 https://oregon.public.law/statutes/ors_279A.112

DAS Procurement Services, Version 4.5 March 31, 2023 Page 19 of 20 the terms and condi�ons, Agency intends to enter into a Contract with the successful Proposer substan�ally in the from set forth in the Sample Contract (Atachment A).

Following the selec�on of the apparent successful Proposer, Agency may agree to nego�ate changes to the nego�able provisions of the sample Contract listed below. However, Agency is not required to make any changes, and many provisions cannot be changed. Proposer is cau�oned that the State of Oregon believes modifica�ons to the standard provisions cons�tute increased risk and increase cost to the State.

Any subsequent nego�ated changes are subject to prior approval of the Oregon Department of Jus�ce.

Agency is willing to nego�ate ONLY the Statement of Work and the following terms and condi�ons:

• Term of Contract

• Pricing

In the event that the par�es have not reached mutually agreeable terms within 15 calendar days, Agency, t its discre�on, may termina�on Nego�a�ons and commence Nego�a�ons with the next highest ranking Proposer.

In the event that the par�es have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Nego�a�ons and commence Nego�a�ons with the next highest ranking Proposer.

The State of Oregon is commited to taking ac�ve steps toward increasing and promo�ng diversity, equity, and inclusion values across Procurement processes or minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded State contracts. All interested businesses are encouraged to submit proposals for this contrac�ng opportunity.

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the par�cipa�on of small businesses, cer�fied by the Oregon Cer�fica�on Office for Business Inclusion and Diversity (“COBID”) in all contrac�ng opportuni�es. This includes cer�fied 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 subcontrac�ng with cer�fied small business enterprises. For more informa�on, visit:

htps://oregon4biz.diversityso�ware.com/FrontEnd/SearchCer�fiedDirectory.asp?XID=2315&TN=oregon4biz

If the Contract has poten�al subcontrac�ng opportuni�es, the successful Proposer may be required to submit a completed Cer�fied Disadvantaged Business Outreach Plan (Atachment F) prior to execu�on.

This RFP is governed by the laws of the State of Oregon. Venue for any administra�ve or judicial ac�on rela�ng to this RFP, evalua�on 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 Sec�on 6.3 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 Cons�tu�on of the United States or otherwise, to or from any claim or consent to the jurisdic�on of any court.

All Proposals are public records and are subject to public inspec�on a�er Agency issues the No�ce of Intent to Award.

Applica�on of the Oregon Public Records Law will determine whether any informa�on is exempt from disclosure.

All Proposals submited in response to this RFP become the Property of Agency. By submi�ng 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 deriva�ve works of and transmit the Proposal solely for the purpose of evalua�ng the Proposal, nego�a�ng a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and https://oregon.public.law/statutes/ors_chapter_200 https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz

DAS Procurement Services, Version 4.5 March 31, 2023 Page 20 of 20 to fulfill obliga�ons under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including suppor�ng materials, will not be returned to Proposer, except in the case of Proposals that were submited late and rejected by

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any �me when the rejec�on or cancella�on 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 resul�ng from the delay, suspension, or cancella�on of the RFP or a Contract award, or the rejec�on of any Proposal.

Proposer shall pay all costs incurred in connec�on with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other suppor�ng materials, costs to par�cipate in demonstra�ons, and costs associated with protests.

If applicable, Proposer shall include informa�on 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.

Proposal 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://oregon.public.law/statutes/ors_279b.100 https://www.oregon.gov/das https://oregon.public.law/statutes/ors_279b.025