RFP__SOD Mechanical Eradication~1.pdf

RFP S-62900-00007727 – 2023 Sudden Oak Death Mechanical Eradication Services

STATE OF OREGON

COVER PAGE

Oregon Department of Forestry (ODF)

2023 SUDDEN OAK DEATH ERADICATION SERVICES

Request for Proposal (RFP)

S-62900-00007727

Date of Issue: August 2nd, 2023

Closing Date: August 30st, 2023 at 2:00 PM PT

Single Point of Contact (SPC): Katrina Chinn, Contract Officer

Address: 2600 State Street, Bldg. E City, State, Zip Salem, OR 97310 Phone (voice) 971-345-7823 E-mail: katrina.chinn@odf.oregon.gov mailto:katrina.chinn@odf.oregon.gov

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

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT PROCESS AND EVALUATION OF PROPOSALS

3.1 PROCUREMENT PROCESS

3.2 PROPOSAL CONTENTS

3.3 OPTIONAL ELEMENTS

3.4 EVALUATION PROCESS

3.5 COST EVALUATION

3.6 PREFERENCES

3.7 POINT AND SCORE CALCULATIONS

3.8 SCORING OF PROPOSERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 INTENT TO AWARD PROTEST

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.4 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COBID PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

5.5 COST OF SUBMITTING A PROPOSAL

5.6 STATEWIDE E-WASTE/RECOVERY POLICY

5.7 RECYCLABLE PRODUCTS

5.8 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B AFFIDAVIT OF TRADE SECRET

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PROPOSAL COVER SHEET and LICENSE INFORMATION

ATTACHMENT E COST PROPOSAL FORM

ATTACHMENT F COBID OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H REFERENCE CHECK FORM

ATTACHMENT I PROPOSAL CHECKLIST

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Forestry (“Agency”), issues this Request for Proposals (RFP) to conduct work relating to the eradication of the Sudden Oak Death (SOD) pathogen in Curry County, Oregon. The Contract Area refers to the area of current infection and concern by the ODF pathologist currently and in the foreseeable future near Port Orford, Curry County, Oregon. Occurrences of infection outside this area are possible during the life of this contract (see Map, Exhibit D from Sample Contract (Attachment A)). Within this area, Contract work will be conducted on parcels of private, state, or federal land. Most work areas are within 20 air miles of Port Orford, OR. Additional sites may be added during the Contract period.

Agency estimates that 0-50 acres will need to be treated for SOD Eradication in the first year.

Approximate labor hours per acre are estimated as follows:

Item 1. Excavator or track hoe, with thumb - 28,000 to 35,000 lbs. : 30 hours per acre

Item 2. Chain Saw operator: 30 hours per acre

Item 3. *Optional* Skidder (track or rubber-tire) – 28,000 to 34,000 lbs., with grapple and drum-line : 0-5 hours per acre

The number of acres treated for SOD Eradication in potential renewal years will be determined by Agency based on need. The quantities listed in this RFP are based on the most current projections. These estimated quantities are intended to serve only as a guide to Proposers. The estimated quantities are not, and may not be construed as, any representation, warranty or guarantee of the volume or quantity of Services that actually will be purchased under any Contract that may be awarded under this RFP. Each Proposer agrees to accept all risks associated with the quantity of Services actually purchased under any resulting Contract.

BY SUBMITTING A PROPOSAL, EACH PROPOSER THEREBY EXPRESSLY WAIVES AND

RELIQUISHES ANY CLAIM IT MAY HAVE, IF AWARDED A CONTRACT, THAT MAY ARISE OUT

OF OR RELATE TO THE QUANTITY OF SERVICES ACTUALLY PURCHASED UNDER THE

CONTRACT.

The intent of this Solicitation is to award a single Price Agreement for the Services described herein. The initial term of the Contract is anticipated to be one (1) year with options to extend for four (4) additional one (1) year terms, for a total duration not to exceed five (5) years.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Release Date 08/02/2023

Questions / Requests for Clarification Due 08/09/2023 2:00 PM PT

Answers to Questions / Requests for Clarification Issued (approx.) 08/11/2023

RFP Protest Period Ends 7 calendar days prior to RFP Closing 2:00 PM PT

Closing (Proposals Due) 08/23/2023 2:00 PM PT

Opening 08/23/2023 2:05 PM PT

Issuance of Notice of Intent to Award (approx.) 08/30/2023

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

The place of Opening shall be at the address listed on the Cover Page. The RFP may be reviewed prior to Closing at ODF’s office at the address listed on the Cover Page.

1.3 SINGLE POINT OF CONTACT (SPC)

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

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

The Agency is procuring the services pursuant to its authority under ORS 530.050(1) and DAS Delegation Agreement DASOBO-00021313, utilizing a Competitive Sealed Proposals method, in accordance with ORS 279B.060 and OAR 137-047-0260. Contract renewals may be dependent on receipt of additional delegated authority from the Department of Administrative Services

(DAS).

2.2 DEFINITION OF TERMS

Capitalized terms not specifically defined in this RFP, including Attachment A (Sample Contract), are defined in OAR 125-246-0110. In the event of a conflict, the definitions in this RFP take precedence.

“Agency" means the Oregon Department of Forestry (ODF).

“OregonBuys” means the State of Oregon’s automated procurement system.

“Services” means all work, including any incidental goods, required under the Contract resulting from this Solicitation Document.

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

2.3 OVERVIEW

2.3.1 Agency Overview and Background

ODF was established in 1911. ODF’s mission is to serve the people of Oregon by protecting, managing, and promoting stewardship of Oregon’s forests to enhance environmental, economic, and community sustainability.

2.3.2 Project Overview and Background

Phytophthora ramorum, the pathogen that causes SOD, was first discovered in northern coastal California in the 1990s. In California, the disease has spread to 15 counties and there is no comprehensive control program. In 2001, Phytophthora ramorum was discovered in Curry County, Oregon and an interagency program was immediately formed with the goal of complete eradication. Spread of Phytophthora ramorum on state, private, and federal lands is managed through a designated SOD quarantine area under the authority of the Oregon Department of Agriculture, which requires treatment of infested sites. Eradication treatments involve cutting and burning affected areas. By 2010, Oregon’s SOD program on forestland transitioned from eradication to slowing the spread of Phytophthora ramorum.

Eradication treatment priorities are set and based on multiple factors including number of infested trees, location relative to quarantine boundaries, and available funds. The size of the treatment buffer varies depending on the level of infestation and the availability of funds to conduct the treatment, but efforts have shown that treatment within a 300 to 600 foot buffer conducted promptly following detection can successfully eliminate the pathogen from the site and slow spread. Eradication treatment can also include the application of herbicides to prevent sprouting of tanoak from stump material.

Phytophthora ramorum primarily kills tanoak and spreads by spores during wind and rain events, which then carries the spores to other host species. Phytophthora ramorum can also be spread by humans through transportation of infected materials. For more information about Phytophthora ramorum, see the fact sheets and information about invasive species at:

http://www.oregon.gov/ODF/ForestBenefits/Pages/ForestHealth.aspx

2.4 SCOPE OF WORK

The scope of this RFP includes all products and services necessary for eradication of Sudden Oak Death (SOD) pathogen. The Contractor shall furnish all qualified personnel, labor, supervision, services, materials, equipment, tools, supplies, transportation and other essential items in conformance with the specifications, terms and conditions as outlined herein. Crew size required to complete the work will range from 1 to 3 people, depending on the specific project to be completed.

Agency estimates that 0-50 acres will need to be treated for SOD Eradication in the http://www.oregon.gov/ODF/ForestBenefits/Pages/ForestHealth.aspx first year. The number of acres treated for SOD Eradication in potential renewal years will be determined by need.

The project involves the cutting, piling, and burning of trees and shrubs on the Southern Oregon Coast, generally between Brookings and Port Orford, Oregon, as required by this Contract.

SECTION 3: PROCUREMENT PROCESS AND EVALUATION OF

PROPOSALS

3.1 PROCUREMENT PROCESS

3.1.1 Public Notice

The RFP, including all Addenda and attachments, is or will be published in OregonBuys at https://oregonbuys.gov/. RFP documents will not be mailed to prospective Proposers.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

3.1.2 Questions / Requests for Clarification

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

• Be delivered to the SPC via email;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative;

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

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

3.1.3 Pre-Proposal Conference

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

3.1.4 Solicitation Protests

3.1.4.1 Protests to RFP

Prospective Proposer may submit a Written Protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract (Attachment A). This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except for Protests of any Addenda.

https://oregonbuys.gov/

3.1.4.2 Protests to Addenda

Prospective Proposer may submit a Written Protest of anything contained in any respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

3.1.4.3 Protests must:

• Be delivered to the SPC via email;

• Reference the RFP number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

The grounds that demonstrate how the Procurement Process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name;

and evidence or documentation that supports the grounds on which the Protest is based; and State the proposed changes or other relief sought.

3.1.4.4 Protest Response

Agency will respond timely to all Protests submitted by the due date and time listed in the Schedule. Protests that are not received timely or do not include the required information may not be considered.

3.1.5 Proposal Submission

Proposals must be emailed to the Single Point of Contact. ALL PROPOSALS MUST BE SUBMITTED BY EMAIL only. Please include the Request for Proposal number in the subject line of the email. If Proposer is unable to submit a Proposal via email, Proposer must contact ODF’s Single Point of Contact within a reasonable time period (as determined by ODF) prior to the submission deadline to make arrangements for alternate delivery or an alternate format. ODF is not responsible for incomplete Proposals or Proposals that were not correctly addressed to email of Single Point of Contact. Only approved alternative delivery or formats may be accepted.

3.1.6 Proposal Modification or Withdrawal

Proposals become firm offers for 90 days at the time of Closing, meaning they cannot be modified or withdrawn during that time period. Proposal prices shall be firm for a period of 90 days from the deadline for Proposal submission.

If a Proposer wishes to withdraw or modify a submitted Proposal, it shall do so prior to Closing. To withdraw a Proposal, the Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with OAR 125-247-0440. The notice must include the RFP number and be submitted to the SPC.

To modify a Proposal, the Proposer shall submit its modification in one of the manners listed in the Proposal Submission Options section and must denote the specific change(s) to the Proposal submission.

3.1.7 Proposal Due

Proposal and all required submittal items must be received by the SPC on or before Closing.

Proposal received after the Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposer or destroyed.

3.1.8 Proposal Rejection

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

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal (electronic signature is acceptable).

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

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

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

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

• The cost is too high. Agency may reject the highest ranking Proposal and move to award to the next subsequent highest ranking Proposal if the Agency finds that the prices within the higher ranking Proposal are unreasonably high.

3.1.9 Opening of Proposal

A public proposal opening will be held “by appointment only”. Proposers who wish to attend a public opening of the Proposals must notify the Single Point of Contact at least 48 hours prior to RFP closing, to allow time for planning. Proposals received in response to this Solicitation Document will be opened during the scheduled Closing date and time designated in Section 1.2 Procurement Schedule or as changed by Addendum. However, the date and time of the public opening may be held at a later date and time. Public opening may occur via Zoom video conference, if ODF believes it is in the best interests of ODF staff and Proposers to do so. If ODF decides to hold a Zoom conference for the Proposal opening, Proposers will be sent instructions on how to join the meeting. The Proposers who choose to attend (in-person, or via Zoom) will be informed only of the names of Proposers submitting Proposals. A list of Proposers will be posted to OregonBuys shortly after Proposal Opening.

3.2 PROPOSAL CONTENTS

3.2.1 Proposal Format

Proposal shall follow the format and reference the sections listed in Section 3.2.2. Responses to each section shall be labeled to indicate the item being addressed.

Proposals must be submitted on the forms and in the format required by this Solicitation Document. Any specific forms required for Proposal submittal are included as attachments to this Solicitation Document

3.2.2 Mandatory Proposal Requirements

Proposals shall clearly demonstrate Proposer’s experience in managing at least three (3) projects similar in scope to work described in section 2.4. Proposer shall provide references for each project listed.

Proposals shall clearly demonstrate Proposer’s expertise as they relate to key elements of the project, including, but not limited to:

• The Proposal shall describe the Proposer's experience and successes with SOD eradication services of similar size, type, and complexity.

• The Proposal shall describe the Proposer's history, capabilities, and organization;

• The Proposal shall provide a project organization chart showing proposed staffing for this project, both field and office.

3.2.2.1 Proposal Information and Certification Sheet

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

3.2.2.2 Proposal Cover Sheet

The Proposer shall complete and submit the Proposal Cover Sheet (see Attachment D).

3.2.2.3 Cost Proposal Form

The Proposer shall complete and submit the Cost Proposal Form (see Attachment E).

Proposers must submit unit pricing on every item within the Cost Proposal to receive Award consideration. Proposers shall provide all pricing in US funds.

3.2.2.4 COBID Outreach Plan

The Proposer shall complete and submit the COBID Outreach Plan (see Attachment F).

Proposer may mark this “Not Applicable (NA)” if that is the case.

3.2.2.5 Responsibility Inquiry

The Proposer shall complete and submit the Proposal Responsibility Inquiry (Attachment G).

3.2.2.6 References Form

The Proposer shall complete and submit the Reference Check Form (Attachment H).

Proposers may also provide references in their own format.

Provide at least 3 references from current or former client firms for similar projects performed for any clients within the last 3 years. References must 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 contact any reference (submitted or not) to verify Proposer’s qualifications. Agency may investigate the qualifications of a Proposer, including but not limited to:

• successful performance of similar services;

• compliance with specifications and contractual obligations;

• its completion or delivery of services on schedule; and

• its lawful payment of suppliers, subcontractors, and workers.

3.2.3 Performance Requirement

Proposer shall respond in writing describing how they meet or exceed the Performance Requirements M-1, M-2 and M-3 identified below. Proposer shall submit their response to the Performance Requirements in their Proposal within a section clearly marked as “Performance Requirements.” Each Performance Requirement response shall be labeled with the number of the corresponding Mandatory Requirement M-1, M-2, and M-3.

M-1: Proposer Experience. Proposer shall have a minimum of three (3) years of experience in Sudden Oak Death Eradication or similar activities including but not limited to: tree felling, piling, and burning and must have performed the service at least once in the last 12 months. Agency reserves the right in its sole discretion to determine whether the listed experience is similar to SOD eradication.

M-2: Equipment operator Experience. Experienced equipment operators of Contractor are essential to satisfactory performance of the work. ODF may consider lack of competent and capable equipment operators as grounds to reject a Proposal or terminate the resulting Contract. For this project, Contractor must use an experienced equipment operator who has at least one year of experience operating equipment in forestry settings. ODF reserves the right to determine operator competence.

M-3 FARM/FOREST LABOR CONTRACTOR LICENSE. Proposers must have and be able to demonstrate proof of a valid Oregon Farm/Forest Labor Contractor License with forest category endorsement to be eligible for award of a Contract. Proposer shall supply its License Number with its Proposal.

Contractor must maintain a valid license throughout the duration of the contract.

Information on obtaining this license may be obtained from:

Bureau of Labor & Industries Wage & Hour Division 800 NE Oregon St., 32, Suite 1160 Portland, OR 97232 Telephone: (503) 731-4074 Ext. 229

3.3 OPTIONAL ELEMENTS

3.3.1 Affidavit of Trade Secret

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.401), Proposer shall complete and submit the Affidavit of Trade Secret (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.401) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

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

3.3.2 Description of Desired Elements

Proposer shall respond in writing, describing how they meet or exceed the Desirable Element D-1, D-2, D-3 identified below. Proposer shall submit their response to the Desirable Elements in their Proposal within a section clearly marked as “Desirable Elements.” Each Desirable Element response shall be labeled with the number of the corresponding Desirable Element D-1, D-2, D-3.

D-1: PROPOSER EXPERIENCE

How many years has your company been doing business similar to that described in the Scope of Work?

What is the approximate number of projects and acres, similar to that described in the Scope of Work, completed by your company in the last 3 years and who were your clients? Please list by year.

In the last 3 years has your company ever had a violation of the Forest Practices Act (FPA) or BOLI Farm/Forest Labor Contractor License requirements? If yes please explain.

Are there any additional comments you would like to add about your experience?

D-2: PROPOSER’S APPROACH AND PLANS TO MEET THE REQUIREMENTS OF THE RFP

What equipment capabilities do you have that will be made available for this project?

Refer to “Scope of Work” (Section 2.4 of the RFP) and “Statement of Services” (Sample Contract (Attachment A)).

What do you estimate to be your average daily production rate, given good weather?

Have you ever had a project delayed due to equipment breakdown and if so, for how long?

Are there any additional comments you would like to add about your approach and plans to meet the requirements of the RFP?

D-3: KEY PERSONS’ QUALIFICATIONS (EDUCATION, DEGREES, EXPERIENCE,

CERTIFICATIONS)

List the Key Persons, as well as their training and experience (years of experience with this type of work, years of experience with your company, degrees, certifications, etc). “Key Persons” means all staff that will be available for this project, including, but not limited to: chainsaw operators, equipment operators and invoicing/administrative support.

3.4 EVALUATION PROCESS

3.4.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all RFP requirements including compliance with Section 3.2.2. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

3.4.2 Evaluation Criteria

Proposals that are determined to be Responsive in accordance with Section 3.4.1 and determined to be submitted by a Responsible Proposer will be evaluated by an Evaluation Committee. Evaluators will either Pass/Fail or assign a score for each evaluation criterion as listed below in this section.

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

3.4.2.1 Evaluation Item 1 – Performance Requirements (Pass/Fail)

Performance Requirements will be evaluated as either Pass or Fail, based on Proposer’s written response to the Performance Requirements in Section 3.2.3. A Proposal that provides an incomplete Written response or that provide a response that does not give confirmation of the Proposer’s ability to meet or exceed any Performance Requirement will fail the Performance Requirements section, will be deemed non-responsive and will not be considered for further evaluation.

3.4.2.2 Evaluation Item 2 – Desirable Elements (Scored)

Desired Elements will be scored, based on Proposer’s written response to the Desired Elements listed in Section 3.3.2. The Evaluation Committee shall assign points in its evaluation of Desirable Elements as follows:

Points Possible Point Basis

20 Proposer’s experience in providing requested supplies and services (D-1) 20 Proposer’s approach and plans to meet the requirements of the RFP (D-2) 20 Key Persons’ qualifications (education, degrees, experience, certifications) (D-3)

Desirable Elements are those which add value to the Proposal over and above the Mandatory Requirements. Each Desirable Element is assigned a maximum number of points for evaluation purposes. The number of points possible is indicated next to each element. The Evaluation Committee will award a point value to each Desirable Element response. If a Proposer fails to include a response to a desired element, the Proposer shall receive a score of 0 for that item.

3.5 COST EVALUATION

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

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

There will be a maximum of 40 points available for the Cost Proposal. For the purposes of awarding Cost Proposal Points for the RFP evaluation, the lowest cost per acre will receive the maximum number of cost points. However, Agency reserves the right to use hourly rates for Compensation under the resulting Contract.

3.6 PREFERENCES

3.6.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Proposer's Proposal price that is equal to the percent preference, if any, given to a Resident Offeror of the Proposer's state.

3.6.2 Tiebreakers

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

3.7 POINT AND SCORE CALCULATIONS

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

Cost points are calculated as stated in the Cost Evaluation section 3.5. Points possible are as follows:

Evaluation Item 1 - Mandatory Requirements Pass/Fail

Evaluation Item 2 - Desirable Elements 60

Evaluation Item 3 – Cost Proposal 40

TOTAL POINTS 100

3.8 SCORING OF PROPOSERS

SPC will score all Responsive Proposals. 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) and adding the final cost points.

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 Proposer(s) based upon the scoring methodology and process described in section 3.

Agency may award less than the full Scope defined in this RFP.

4.1.2 Intent to Award Notice

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

4.2 INTENT TO AWARD PROTEST

4.2.1 Protest Submission

An Affected Offeror shall have 7 calendar days from the date of the intent to award notice to file a Written protest.

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

• All higher ranked Proposals are non-Responsive.

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

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

If Agency receives only one Proposal, Agency may dispense with the intent to award protest period and proceed with Contract Negotiations and award.

4.2.1.1 Protests must:

• Be delivered to the SPC via email;

• Reference the RFP number;

• Identify prospective Proposer’s name and contact information;

• Be signed by an authorized representative;

• Specify the grounds for the Protest; and

• Be received within 7 calendar days of the intent to award notice.

4.2.2 Response to Protest

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

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3.1 Insurance

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

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

4.3.2 Taxpayer Identification Number

The apparent successful Proposer 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), or

• When the backup withholding status or any other information of Proposer 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.

4.3.3 Business Registry

If selected for Award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Proposer shall 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

4.4 CONTRACT NEGOTIATION

4.4.1 Negotiation

Proposer shall review the attached Sample Contract (Attachment A) and note exceptions.

Agency intends to enter into a Contract with the successful Proposer 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. Proposer is cautioned that Agency believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Proposal 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.

SECTION 5: ADDITIONAL INFORMATION

5.1 COBID PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, Agency encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. Agency also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information, please visit:

http://www.oregon.gov/gov/MWESB/Pages/index.aspx

If the Contract results in subcontracting opportunities, the successful Proposer may be required to submit a completed COBID Outreach Form (Attachment F) prior to execution.

5.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and Award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this section 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 from the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through http://www.filinginoregon.com/index.htm http://www.oregon.gov/gov/MWESB/Pages/index.aspx

192.505). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

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

5.5 COST OF SUBMITTING A PROPOSAL

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

5.6 STATEWIDE E-WASTE/RECOVERY POLICY

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recover Policy effective July 1, 2012.

5.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract

(ORS 279B.025).

5.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist.

Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B AFFIDAVIT OF TRADE SECRET

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PROPOSAL COVER SHEET AND LICENSE INFORMATION

ATTACHMENT E COST PROPOSAL FORM

ATTACHMENT F COBID OUTREACH PLAN

http://www.oregon.gov/DAS/OP/docs/107-009-0050_%20E-Waste%20Policy_Final.pdf

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H REFERENCE CHECK FORM

ATTACHMENT I PROPOSAL CHECKLIST