RFP S63500 00011864 Elk capture NE Oregon 2025 (Updated).pdf

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Attached to
2025 Elk Capture for Monitoring in Northeastern Oregon
Solicitation number
S-63500-00011864
Issued by
Baker County, Barlow City, Oregon

About this file

This is a Request for Proposals (RFP) issued by the Oregon Department of Fish and Wildlife (Agency) for the capture, restraint, and collaring of up to 250 adult female elk within 16 wildlife management units in northeastern Oregon. The successful Contractor will provide a helicopter, experienced pilot(s), gunner(s), mugger(s), and support services including a fuel service truck and licensed driver. The work is designed to collect data on elk to define population boundaries through the deployment of global positioning system (GPS) collars and will occur between January 1 and March 31, 2025. Proposals are due by November 8, 2024 at 3:00 PM Pacific Time, and the Agency anticipates issuing a Notice of Intent to Award on or around November 15, 2024. The term of the contract is anticipated to be two and a half (2.5) months.

The RFP outlines specific requirements for the aircraft, fuel truck, and pilot experience. The Contractor will be responsible for all costs associated with food, accommodations, and fuel for the project. The Agency will provide the GPS collars and up to three personnel to assist with the capture operations. The RFP also details safety procedures, consequences for failure to perform, and the Agency's right to halt capture operations if excessive mortality levels are observed.

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OregonBuys RFP #S-63500-00011864 – Elk Capture for Monitoring in Northeastern Oregon

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Intermediate Procurement Request For Proposals (RFP) under OregonBuys #S-63500-00011864 for

ELK CAPTURE FOR MONITORING IN NORTHEASTERN

OREGON

Date of Issue: 10/18/24

Opening Date and Time: 11/8/24 3:00PM

Single Point of Contact (SPC): Marcus Jones, Procurement & Contracts Specialist 2

Address:

City, State, Zip Phone (voice)

4034 Fairview Industrial Drive SE Salem, OR. 97302 971-707-8151

E-mail: (best way to reach me) Marcus.Jones@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.

https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4

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 AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFERS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 COST EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES .................................................................................................................................Error! Bookmark not defined.

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

5.8 PRINTING, BINDING, AND STATIONERY WORK .........................................................Error! Bookmark not defined.

5.9 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H SCORED COMPONENTS FORM

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Fish and Wildlife, (“Agency”), is seeking a Contractor (hereafter “Contractor” or “Offerer”), a helicopter, experienced pilot(s), gunner(s), mugger(s), and support services including a fuel service truck and licensed driver to capture, restrain, and collar adult female elk within the Silvies, Malheur River, Beulah, Sumpter, Lookout Mountain, Keating, Pine Creek, Catherine Creek, Minam, Imnaha, Snake River, Chesnimnus, Sled Springs, Wenaha, Walla Walla, and Mt. Emily Wildlife Management Units

(WMU).

Elk are one of the premier big game species in Oregon, with high social, economic, aesthetic, and cultural values. Effective management of elk populations requires information on population distributions and boundaries between adjacent populations. This work is designed to collect data on elk to define elk population boundaries through deployment of global positioning system (GPS) collars. This work would require deployment of up to 250 elk collars in northeast Oregon. Capture and collaring will be completed by the Contractor.

The Agency has authorization to conduct wildlife management activities under ORS. 496.012 with related tag issuance under 496.146 (4).

This work is a monitoring project in both south-central and northeast Oregon. Elk will be captured on winter range using net guns and collars will be deployed on adult elk during capture operations.

The work shall occur starting January 1, 2025, thru March 31, 2025. Project work shall be no more than two and one half (2.5) months.

The term of the Contract is anticipated to be two and one half (2.5) months (through March 2025).

Additional details on the Scope of the services are included in the Scope of Work Section.

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 solicitation.

Event Date Time

Questions / Requests for Clarification Due November 5, 2024 3:00 PM

Answers to Questions/Requests for Clarifications issued (approx..) November 6, 2024 3:00 PM

RFP Opening (Proposal Due) November 8, 2024 3:00 P.M

Issuance of Notice of Intent to Award (approx.) November 15, 2024

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140. Agency has authorization to conduct fish and wildlife management activities under ORS 496.138, consistent with the policy in ORS 496.012.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Agency 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 the http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

Agency’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 inventories 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 Agency 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, Background and Purpose

The purpose of this project is to capture, restrain, and collar adult female elk.

Proposer will provide a helicopter with specifications outlined in Section 3.1.1, experienced pilot(s), gunner(s), mugger(s), and support services including a fuel service truck and licensed driver.

Capture efforts for research projects will occur on elk winter range within the Silvies, Malheur River, Beulah, Sumpter, Lookout Mountain, Keating, Pine Creek, Catherine Creek, Minam, Imnaha, Snake River, Chesnimnus, Sled Springs, Wenaha, Walla Walla, and Mt. Emily Wildlife Management Units (WMU). Capture efforts will occur between January 1 and March 31, 2025.

The Agency will provide maps with associated capture locations and sample sizes of elk to collar within each winter range. The Contractor will net-gun elk on winter range, restrain the animal, attach a GPS collar and release the animal on site. Additionally, the Agency will provide the contractor locations of landing and fueling areas during capture operations.

All animals that die during capture will be reported to ODFW biologists overseeing capture operations. Animals that die during capture will not be compensated by ODFW. Additionally, ODFW retains the right to halt capture operations if excessive levels of mortality are observed during capture operations.

For this job, we anticipate deploying up to 250 GPS collars on adult female elk. Precise capture dates and number of collars deployed will be determined based on collar delivery, weather, and local conditions. Flexibility to start work when appropriate weather conditions are present will improve efficiency of the project.

Base centers for operations in northeast Oregon captures include the following: Pendleton, La Grande, Enterprise, Baker City, Ontario, and Burns. All locations provide base services, food, accommodations, and vehicular and aviation fuel. The Contractor is responsible for all costs associated food, accommodations, and fuel associated with this project.

2.4 SCOPE OF WORK/SPECIFICATIONS

The Offeror (s) will:

a. Provide one helicopter, an experienced pilot(s), a fuel service truck with enough capacity to ensure operations in remote areas for a minimum of 12 hours of flight time, and fuel service truck driver.

b. Offeror must be available for this project within a 48-hour notice by Agency.

c. Capture up to 250 adult female elk on elk winter range in eastern Oregon (See Attachment Elk Capture Map-Figures 1). Elk will be captured on winter range within 16 wildlife management units (See Attachment Elk Capture Map-Figure 2). Wintering elk densities vary by WMU but capture efforts will be distributed based on wintering elk densities (i.e., more elk will be captured in areas with higher densities; (See Attachment Elk Capture Map-Figure 3).

d. The Offeror’s pilot will determine all conditions regarding safety prior to and during the flight. Should the Offeror’s pilot consider the conditions unsafe, the pilot and the Agency Crew will either forego that particular flight, return to base, or land at another site deemed more appropriate for safety.

e. Provide real time flight log following survey flight (preferred) or provide the ability to download the flight log at each refuel.

f. Each individual mugger will need a portable GPS unit to provide the Agency with coordinates at each elk capture location. Collars will be distributed according to spatial sampling protocols defined by the Agency. While these conditions may be changed at the Agency’s discretion based on local circumstances during the capture operation, the contractor will be expected to place only 1 collar for every 200 elk encountered within 2 miles of a designated capture location (i.e., if a group of 500 elk is identified, 3 collars could be placed in that group of elk). Exact maps for capture efforts will be provided prior to capture but will account for changes in landowner access, weather conditions, and elk distribution.

g. All adult female elk captured will be collared and released onsite by the Contractor with a GPS location collected and other observations recorded on the collar data sheet.

h. All elk will be physically restrained during capture. The Contractor will not be compensated for animals that die or must be euthanized from capture related injuries at the time of capture. All capture related deaths must be reported to ODFW staff onsite at the time of the incident.

i. The Contractor will attach GPS radio collars on elk at the time of capture and prior to release.

j. The Contractor will be responsible for humane euthanasia of injured animals using a penetrating captive bolt. The Contractor will provide adequate and appropriate restraint to ensure accurate placement and operator safety. In addition to sufficient restraint, the Contractor must be appropriately trained and skilled, and the proper cartridge strength for the size of the animal must be used. It is important that there is sufficient energy from gun powder or compressed air to penetrate the skull of the individual being euthanized. Exsanguination must follow use of the penetrating captive bolt. Penetrating captive bolt equipment must be maintained and used properly.

l. Provide an onboard GPS that allows the upload of polygon and point shapefiles.

m. The Contractor will provide the net gun, nets, cartridges, hobbles, blindfolds, a penetrating capture bolt equipment. The Contractor will provide GPS units as described in Items E and G.

n. Provide ≥1 helicopter with specifications outlined in Section 3.1 experienced pilot(s), gunner(s), mugger(s), and support services including a fuel service truck and driver.

The Agency will:

a. Provide up to three (3) Agency personnel to conduct surveys.

b. Provide dates, and times of flights.

c. Provide shapefiles for elk capture. These files will consist of the access area(s), landing zones, and capture points. The access area polygon shapefile will show areas for which the Agency as obtained access permission within the winter range, both private and public lands. A point shapefile representing landing zones will represent locations to land the helicopter and places to park overnight. The capture points shapefile will be the distribution of elk capture locations within the access areas. The file will be developed just prior to annual capture efforts to ensure that the most up to date elk distribution information is used..

d. Instruct the Offeror’s pilot regarding survey locations, routes, approaches, flight patterns, and techniques to allow the Agency personnel to collect all necessary survey data.

e. Decide if range conditions are suitable for surveying elk.

f. Provide up to 250 GPS collars for adult female elk. Additional equipment for attaching collars (e.g., nut drivers) will be provided by the agency.

The work shall occur starting on January 15, 2025, through March 31, 2025.

The flight schedule is approximate and may be subject to change for reasons of inclement weather or animal distribution as a result of range conditions. Schedules may be adjusted between locations if necessary to complete survey work in an effective manner. Actual departure sites may vary to facilitate efficient and best use of helicopter time. The schedule may also require non-flight days to accommodate weather conditions, aircraft service schedules, and unforeseen events.

2.5 Safety Procedures:

1. The Contractor’s pilot(s) must communicate and maintain all safety procedures.

2. Pre-flight safety review meetings will be held before each flight with Contractor’s pilot(s) and personnel.

3. Eye contact between the Contractor’s pilot(s) and mugger(s) shall be maintained during access and egress from the aircraft.

4. The Contractor shall not compromise safety procedures at any time during the contract.

2.6 Aircraft to be provided: as described in section 3.1

2.7 Aircraft or Equipment Break Down:

Should the helicopter or other essential equipment break down and cause delay or termination of the operation, the equipment shall be repaired or replaced within 48 hours to allow continuance of the project. Failure to do so may result in a $500/day penalty until deficiencies are corrected. In the event weather conditions force a long-term shutdown during the surveys, and it is agreed the airship has to return to its home base then one-half the ferry time will be paid. All aircraft repairs must be made in accordance with FAR Part 135 standards before the operation proceeds.

2.8 Pilot to be provided: as described in Section 3.1.2

2.9 Additional or Substitute Helicopter or Pilot:

If for any reason an additional or substitute helicopter or pilot are required to complete the work required under this contract, it will be the responsibility of the contractor to supply or subcontract the same, within 48 hours, and with ODFW approval, at the contractor’s expense. The contractor must specify names of pilots provided for this contract and may not provide substitute pilots without prior approval by ODFW.

2.10 Poor Pilot Performance:

ODFW reserves the right to ground any pilot who, in its sole opinion, violates Contract requirements, is unsafe, or otherwise performs unsatisfactorily. Contractor will be required, within 48 hours, to replace the grounded pilot. All replacements shall be approved in advance of use under the contract by ODFW. Failure to furnish a replacement pilot within the specified time will authorize ODFW to assess Contractor the amount of $500 per day for delay.

2.11 Damages:

Contractor shall deliver within the time indicated in Sample Contract (Attachment A).

Should Contractor fail to meet the delivery schedule, thereby making it necessary for the State to purchase urgently needed services from another source, Contractor shall pay the difference between the accepted bid price and the new purchase price.

2.12 Specific Requirements:

Successful Offeror shall:

• Meet with the designated Agency biologist and be ready to fly at sunrise each morning. The usual procedure will be to fly two to three hours per day, at the biologist’s discretion.

• Provide a helicopter(s) with specifications outlined in RFP Section 3.1.1, and experienced pilot, and support services including a fuel service truck and driver.

Make services available for this project within a 48-hour notice by the Agency.

• Determine all conditions regarding safety prior to and during the flight. Advise Agency if conditions are unsafe and either forego the flight or will return to base or any other site deemed appropriate for safety reasons.

• Flight schedule is approximate and may be subject to change for reasons of inclement weather, animal distribution as a result of range conditions and weather, data collection needs, or budget availability. Schedules may be adjusted between locations if necessary to complete survey work in an effective manner.

Actual departure sites may vary to facilitate efficient and best use of helicopter time. Schedule may also require non-flight days to accommodate weather conditions, aircraft service schedules, and unforeseen events. Additional mission periods may be requested by Agency within the contract period.

2.13 Failure to Perform:

Unless the contractor is providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, as defined in ORS 279C.100, or unless the contracting agency for good cause specifies otherwise, the scope of work shall require the contractor to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

The contract terms and conditions shall specify clear consequences for a contractor's failure to perform the scope of work identified in the request for proposals or the contractor's failure to meet established performance standards. The consequences may include, but are not limited to:

(A) Reducing or withholding payment;

(B) Requiring the contractor to perform, at the contractor's expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or

(C) Declaring a default, terminating the public contract and seeking damages and other relief available under the terms of the public contract or other applicable law.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

The Offer is not in compliance with the following Minimum Offeror Requirements will be rejected. At a minimum, responses to the solicitation shall include:

3.1.1 Aircraft to be provided by Offeror

The Offeror is required to provide an aircraft capable of safely capturing elk within the Silvies, Malheur River, Beulah, Sumpter, Lookout Mountain, Keating, Pine Creek, Catherine Creek, Minam, Imnaha, Snake River, Chesnimnus, Sled Springs, Wenaha, Walla Walla, and Mt. Emily Wildlife Management Units (WMU) in mountainous terrain between 250 to 2,500 meters (500

– 6,500 feet) elevation above sea level. The offieror is required to submit with the Proposal the airframe age of the aircraft with the complete damage history.

Each aircraft is required to have radio communications between the pilot and ground crew, a G.P.S. navigational system, and a remote aircraft tracking system allowing Agency personnel and/or the contractor to monitor the aircrafts’ flight progress in real time from a remote location.

The aircraft must currently be certified and maintained in accordance with Federal Aviation Regulations (FAR) Part 135 standards. Aircraft must be qualified for the work and terrain required in accomplishing our work and approved by FAA. Substitute or back-up aircraft must meet the same standards as the original aircraft requirements we specified. All approved aircraft shall be authorized to perform the requirements of this contract in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements. ODFW reserves the right to check the background of any aircraft and may reject any bid if unfavorable information is detected.

3.1.2 FUEL TRUCK REQUIREMENTS

Fuel truck must have the capacity to ensure operations in remote areas during the project.

Fuel to refill the fuel truck is available at airports. The fuel truck will be necessary for the majority of the project to supply fuel to the aircraft.

3.1.3 PILOT(S) REQUIREMENTS – Attachment H

Have flight experience as follows, substantiated by pilot logbook:

- Minimum of 1000 hours of helicopter flight time with aircraft equivalent to this contract requirement

- Minimum of 100 hours of low elevation (<500 ft.) over variable and rough terrain.

- Minimum of 100 hours of flying altitudes up to 6,500 ft.

- Minimum of 200 hours conducting ungulate capture.

- Minimum of 25 hours of takeoffs and landings in remote areas.

- Aircraft pilots must be qualified in accordance with FAR Part 133,135. Substitute or back-up pilots must meet the same standards as the original pilot requirements as specified. All approved pilots shall be authorized to perform the requirements of this Solicitation in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements. The Agency reserves the right to check the background of any pilot through the Federal Aviation Administration. If substantiated information is found showing poor performance, safety violations, failure to fulfill contractual obligations, minimum requirements not being met, or any other unfavorable information; the Agency reserves the right to reject any pilot/proposal for purposes of this Solicitation and any resulting contract.

3.1.4 Capture Crew Requirements- Attachment H

• Have qualifications and training as follows, substantiated by employment records, training certificates or references:

• Experience net-gunning elk or similar ungulates in the field.

• Experience attaching GPS radio collars to elk or similar ungulates in the wild

• Must be trained prior to the start of contract in Humane Physical Methods of Euthanasia as described in sample contract.

3.1.5 Offer Qualifications- Attachment H

• Offeror must have a minimum of three (3) years of successful professional experience providing goods and/or performing services comparable to those required under this contract, and

• Offeror must provide copies of required Aircraft & Pilot FAR 133 or 135 certification and Safety Management System with proposal.

3.1.6 The Offeror shall submit completed Reference Check Form – Attachment D

• Bidder must provide at least two (2) current professional references and one (1) professional reference for work (from different firms and clients) supportive of bidder’s ability to comply with the requirements of this RFP.

• References must verify the quality of previous, related Work.

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

• Offeror shall submit reference names and contact information. Agency will make three

(3) attempts to contact each of the references provided by the Offeror. If these attempts are unsuccessful, the Offeror will receive a score of zero for that reference.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file.

Offeror shall submit one electronic copy of its Offer. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B), and Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

3.2.2 Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

https://oregonbuys.gov/bso

• Be emailed to the SPC

• Reference the OregonBuys bid number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the solicitation 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

3.3.3 (Reserved)

3.3.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

3.3.4.1 Submission Options

Delivery through OregonBuys

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf

The cost sheet must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature. If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure

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

3.3.5 Modification or Withdrawal Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC

3.3.6 Offer Opening Date (Offer Due Date)

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

3.3.7 Offer Rejection

Agency may reject an Offer for any of the following reasons:

• Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.

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

• Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• Offeror makes any contact regarding this solicitation with State representatives such as

State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

• Offeror 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 solicitation or Amendment.

3.3.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

However, Agency will record and make available the identity of all Offerors after Opening.

3.4 OFFERS CONTENT REQUIREMENTS

Offeror must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Goods to be provided or the Services to be performed or both. An Offer that merely offers to provide the goods or services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

3.4.1 Offeror Certification & Information Sheet (Attachment C)

The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C).

3.4.2 The Offeror shall complete and submit the Reference Check Form (Attachment D)

Provide at least two (2) current professional references and one (1) professional reference for work (from different firms and clients) supportive of Offeror’s ability to comply with the requirements of this contract. References must verify the quality of previous, related Work.

References must verify the quality of previous, related Work.

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

Offeror shall submit reference names and contact information. Agency will make three (3) attempts to contact each of the references provided by the Offeror. If these attempts are unsuccessful, the Offeror will receive a score of zero for that reference.

3.4.3 Cost Sheet (Attachment E)

Submit a detailed Cost Sheet (Attachment E) stating the price for each deliverable and the total price for the entire project that includes the following items:

• Mobilization/Set up Fees

• Helicopter and pilot (price per animal),

• Ferry flights, if different from above (price per hour); and

• Fuel/Service Truck Driver (price per hour); and

• Milage for Fuel /Service Truck (price per mile); and

• Per diem (per day, per person)*; and

*Per State of Oregon Rates https://www.oregon.gov/das/Procurement/Pages/Travel.aspx

3.4.4 Responsibility Inquiry Form (Attachment G)

Offeror is required to complete and submit Attachment G — Responsibility Inquiry.

3.4.5 Scored Component Form (Attachment H)

Submit a detailed Scored Component Form (Attachment H) with written General Qualifications that demonstrate capability to complete the requested services, written detailed Understanding of Requested Services/Project, Pilot(s) qualifications (Primary and Back-up), 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 qualifications and experience for the Work described in this RFP.

3.4.6 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Proposal contains https://www.oregon.gov/das/Procurement/Pages/Travel.aspx any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal.

Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Proposal that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror.

However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting a offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.5.2 Evaluation Criteria

Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of offers. A response to a clarification request must be to clarify or explain portions of the already submitted Offer and may not contain new information not included in the original Offer.

SCORE EXPLANATION

90 – 100%

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 Offeror provides insight into its expertise, knowledge, and understanding of the subject matter.

60 – 89%

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.

50 – 59%

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 Offeror.

11 – 49%

FAIR – Offeror meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

0-10% RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the solicitation. Offeror has not demonstrated knowledge of the subject matter.

3.5.2.1 Evaluation Item 1 Understanding of Requested Services/Project (Attachment H)

Write a clear and concise understanding of the project based on existing information.

Address general description of the purpose and key issues.

Address general description of the purpose and key issues.

3.5.2.2 Evaluation Item 2 – General Qualifications (Attachment H)

Demonstrate capability to complete the requested services. Response must list projects performed within the last three years, most comparable to the requested services.

Include a description of their type, size, and duration. Also, for each project, indicate whether the work was accomplished within the original budget and deadlines, or needed to be revised. Briefly explain the reason for any revisions.

Does the Offeror clearly describe how their qualifications will allow them to successfully perform the scope of work and meet all the minimum requirements?

Does the proposal demonstrate services comparable to those required under this RFP?

Does the Offeror demonstrate comparable services required under this RFP?

3.5.2.3 Evaluation Item 3 – Pilot(s) Qualifications, Primary and Back-up (Attachment H)

List all Pilot(s) flight experience over and above the Mandatory Requirements listed in section 3.1.2.

3.5.2.4 Evaluation Item 4– Capture Crew(s) Qualifications, including Gunner and Muggers

(Attachment H)

List all Pilot(s) flight experience over and above the Mandatory Requirements listed in section 3.1.4.

3.5.2.5 Evaluation Item 4 – References (Attachment D)

Score the references based upon the submitted scores submitted from three references as required in Attachment D. Each Reference will be asked a series of questions that will be scored. Total average score (from 3 references) is worth up to 15 points (as described in 3.9 Table below).

3.5.2.6 Evaluation Item 5 - Price – (Attachment E)

The Offeror must bid pursuant to requirements on Attachment E for the proposed services.

For evaluation purposes Agency will calculate a total based on lines 1 thru 6 by multiplying estimated quantity x unit prices for each line.

3.6 COST EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a score to each Cost Sheet based upon the percentage of the proposed cost as compared to the lowest Offeror’s cost using the following formula:

lowest cost of all Offerors X cost points possible = cost score cost being scored

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 TIEBREAKERS

Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300

3.9 POINT AND SCORE CALCULATIONS

Scores are the values assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion.

Price points are calculated as stated in the Price Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE: 185

POINTS POSSIBLE

3.5.2.1 Understanding of Requested Services/Project 30

3.5.2.2 General Qualifications 30

3.5.2.3 Pilot(s) Qualifications, Primary and Back-up 40

3.5.2.4 Capture Crew Qualifications, including Gunner and Muggers 40

3.5.2.5 References 15

3.5.2.6 Price Points Possible 30

3.10 RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

Agency will notify all Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Offeror shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to offer submission.

4.2.2 Taxpayer Identification Number

The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by Agency (normally in an intent to award notice), or

• When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall http://www.irs.gov/pub/irs-pdf/fw9.pdf submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

4.2.4 Responsibility Inquiry

Prior to award, Offeror shall be required to complete and submit Attachment G — Responsibility Inquiry.

4.2.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Offeror employs 50 or more full-time workers, Offeror shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Offeror 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.

4.2.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Offeror must certify by its Signature on Attachment C - Offeror 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.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

http://www.filinginoregon.com/index.htm https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

All items, except those listed below, may be negotiated between Agency and the apparent successful Offeror in compliance with Oregon State laws:

• Choice of law

• Choice of venue

• Constitutional requirements

• All applicable Federal and State requirements

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

SECTION 5: ADDITIONAL INFORMATION

5.1 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 Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.2 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, 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 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

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

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part or may cancel this solicitation 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 Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

5.5 COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

5.6 STATEWIDE…

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