RFP SWWD NCWD and Mid Coast Aerial Elk Surveys final S 63500 00011922.pdf

RFP #S-63500-00011922 – SWWD, NWWD and Mid Coast Aerial Elk Surveys

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Request For Proposals (RFP) under

OregonBuys Bid Number S-63500-00011922 for

SOUTHWEST WATERSHED DISTRICT (SWWD),

NORTHCOAST WATERSHED DISTRICT (NCWD), AND MID

COAST AERIAL ELK SURVEYS

Date of Issue: 11/7/2024

Opening Date and Time: 12/03/2024 @ 2:00 PM

Single Point of Contact (SPC): Patty Whalen, Grants and Contracts Specialist III, OPBC

Address: 4034 Fairview Industrial Drive SE

City, State, Zip Salem, OR, 97302

Phone (voice) 503-979-6963

Phone (fax) 503-947-6156

E-mail: Patty.L.Whalen@odfw.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 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 NEXT STEP DETERMINATION ...............................................................................................Error! Bookmark not defined.

4.14 ADDITIONAL ROUNDS ................................................................................................................Error! Bookmark not defined.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

6.8 PRINTING, BINDING, AND STATIONERY WORK

6.9 CHECKLIST DISCLAIMER

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT/PRICE AGREEMENT (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT (MUST BE RETURNED IF APPLICABLE)

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT D REFERENCE CHECK FORM (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT E PRICE PROPOSAL FORM (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT G RESPONSIBILITY INQUIRY (MUST BE RETURNED WITH PROPOSAL)

ATTACHMENT H SCORED PROPOSAL COMPONENTS FORM (MUST BE RETURNED WITH PROPOSAL)

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

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

The Agency is seeking a Contractor (hereafter “Contractor” or “Provider”) to provide a Helicopter, experienced Pilot(s), and support services including a fuel truck with licensed driver to fly ODFW employees to survey elk herds in portions of the Cascade Mountains and Coast Range of NW Oregon.

Roosevelt elk are a significant big game species in western Oregon. This species has high social, economic, aesthetic, and hunting values and plays an important role in the economies of rural communities. The Oregon Department of Fish & Wildlife annually conducts surveys to determine population levels and cow/calf/bull composition of the elk herds. This information is critical to the agency’s objectives to achieve healthy big game populations and recreational opportunities.

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

The period of performance in which the Agency will conduct surveys is January 15, 2025, through March 15, 2025.

The term of the Contract is anticipated to be five (5) years (through December 2029). In October of each year the Agency will contact the Contractor to submit cost renewal proposal form for review and approval by Agency.

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

1.2 SCHEDULE

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

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

Event Date Time

Questions / Requests for Clarification are Due 11/21/2024 2:00 PM, PDT

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

11/26/2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

RFP Opening (Proposal Due) 12/03/2024 2:00 PM, PDT

Opening of Proposal (There will not be a Public Opening) 12/03/2024

Issuance of Notice of Intent to Award (approx.) 12/09/2024

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

1.3 SINGLE POINT OF CONTACT (SPC)

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

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(6)(n) and ORS

496.146 (11). The Agency has authorization to conduct wildlife management activities under ORS 496.138 consistent with the policy in ORS 496.012.

Agency is using the Competitive Request for Sealed Proposals method, pursuant to ORS 279B.060.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 137- 046-0110.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

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The Agency’s mission is to protect and enhance Oregon's fish, wildlife, and their habitats for use and enjoyment by present and future generations. Proposals are being requested by the 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.

2.4 SCOPE OF WORK/SPECIFICATIONS

The Proposer (s) will:

a) Provide one Bell 206B3 JetRanger helicopter, a fuel service truck, a fuel service truck driver, and an experienced pilot(s).

b) Conduct approximately 115.5 hours of Elk surveys along established survey routes.

Flights are typically 2-3 hours in duration, with two flights conducted per day (one at dawn and one at dusk), weather permitting. The helicopter will typically start flying the Coast range out of Florence or Newport, survey from south to north, and then proceed north to Tillamook District staff and fly south to north depending on weather, then head southeast to Corvallis to finish up the coast range and start on the Cascades. The Cascades will be surveyed north to south, beginning in Corvallis, Albany, or Sweet Home and ending out of Cottage Grove or Oakridge. Local airports include Tillamook, Seaside, Vernonia, Salem, Corvallis, Newport, Florence, Eugene, Albany, Sweet Home, Creswell, Cottage Grove, and Oakridge. Most airports have fuel available, but Albany, Sweet Home, and Oakridge do not. A fuel truck will be necessary for at least 6 flights out of Albany or Sweet Home and 3 flights out of Oakridge, but it is not necessary at any other base locations. The surveys are anticipated to take approximately 115.5 hours of flight time, depending on weather conditions, elk distribution, elk visibility, and flight time costs. Weather conditions may interfere with some of the flights, and the survey is expected to take 20-30 days or more.

c) Conduct Surveys in three different western Oregon habitats:

1. East and west slopes of the Coast Range Mountains (Saddle Mtn, Wilson, Trask, Stott Mtn, Alsea, Siuslaw, and Wildlife Management Units between approximately Columbia River to the north and the Umpqua–Siuslaw rivers divide to the south). Survey areas comprise the National Forest, state forest, private agricultural lands, and industrial timberlands.

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2. West slope of the Cascade Mountains (north Indigo, McKenzie, and south Santiam Wildlife Management Units) from approximately the North Santiam - Molalla/Clackamas Rivers Divide at the north to the Willamette- Umpqua Rivers divide at the south. Surveys are comprised of National Forest and industrial timberlands.

3. The Willamette Valley floor and foothills (north Indigo, McKenzie, south Santiam, Siuslaw, and Willamette Wildlife Management Units) extend from approximately the North Santiam - Molalla/Clackamas Rivers Divide at the north to the Willamette - Umpqua Rivers divide at the south. Surveys are predominantly comprised of private agricultural lands with some industrial timberlands.

d) The search for elk will occur in select areas over forested lands of clear-cuts, agricultural lands, and natural openings from sea level to approximately 4500 feet elevation. The Contractor’s pilot will need to keep elk herds spotted in openings in the forest and on agricultural lands from going into the trees by circling overhead, passing back and forth in front of them, or hovering between the elk and the timber.

e) Transport up to three (3) Agency observers per flight who will be counting and photographing elk and determining the number of cows, calves, and bulls in each herd.

f) The Helicopter will have working radios, enabling communication between everyone in the helicopter and Agency personnel on the ground.

g) The Contractor’s pilot must determine all safety conditions before and during the flight. Should the Contractor’s pilot consider the conditions unsafe, they will forego the flight, return to base, or any other site deemed more appropriate for safety reasons.

The Agency will:

a) Provide up to three (3) Agency biologists as observers and survey equipment.

b) Provide dates and times of flights.

c) Provide maps of areas to be surveyed.

d) Instruct the Contractor’s pilot regarding survey locations, routes, approaches, flight patterns, and techniques to allow the Agency biologists to collect all necessary big game survey data.

The period of performance in which the Agency will conduct surveys is January 15, 2025, through March 15, 2025.

The flight schedule is approximate and may be subject to change for reasons of inclement weather or Elk distribution as a result of weather 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 safest use of helicopter time. The schedule may also require non-flight days to accommodate weather conditions, aircraft service schedules, and unforeseen events.

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2.1 SAFETY PROCEDURES:

The Contractor’s pilot(s) must communicate and maintain all safety procedures. Safety procedures will not be compromised at any time during the contract.

2.2 Aircraft to be provided: as described in Section 3.1.1

2.3 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.

2.4 Pilot to be provided: as described in Section 3.1.2

2.5 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.

2.6 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.

2.7 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.

2.8 Specific Requirements:

Successful Proposer shall:

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

• Transport at designated locations.

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

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• Determine all conditions regarding safety prior to and during the flight. Advise Agency if conditions are unsafe and either forego the particular flight or will return to base or any other site deemed appropriate for safety reasons. Flight Following will be coordinated with Agency Contract Administrator.

• 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 safest 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.

2.9 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

3.1 MINIMUM QUALIFICATIONS

Proposals not in compliance with the following Minimum Proposer Requirements will be rejected. At a minimum, responses to the solicitation shall include:

3.1.1 AIRCRAFT TO BE PROVIDED BY PROPOSER

The Proposer is required to provide a Bell 206BIII JetRanger helicopter, or equivalent, with equivalent visibility and passenger room with minimum horsepower of 340 to meet requirements for the survey. Submit with the Proposal the airframe age of the aircraft with the complete damage history. The Hughes 500 helicopters is not considered equivalent as they do not have equivalent visibility or passenger room.

Each aircraft is required to have radio communications between the pilot and ground crew, a

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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. Agency’s preference is a helicopter with flight following systems for tracking flight paths by ground personnel on computers, and a photographer’s window installed.

3.1.2 FUEL TRUCK REQUIREMENTS

Fuel is available at the airports where flights will be based except for flights out of Albany, Sweet Home, and Oakridge. The fuel truck will be necessary for a portion of the project to supply fuel to the aircraft and it must be equipped with a 5 micron fuel filter.

3.1.3 PILOT(S) REQUIREMENTS – Attachment H

Have flight experience as follows, substantiated by pilot logbook:

- Minimum of 2000 hours of helicopter flight time with aircraft equivalent to this contract requirement

- Minimum of 400 hours of low elevation (<500 ft.) over variable and rough terrain.

- Minimum of 400 hours of flying altitudes up to 7,500 ft.

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

- Minimum of 400 hours of wildlife inventory experience.

- Aircraft pilots must be qualified in accordance with FAR Part 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 RFP 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 RFP and any resulting contract.

3.1.4 PROPOSER QUALIFICATIONS – Attachment H

• Proposer 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

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

3.1.5 PROPOSER shall submit completed Reference Check Form – Attachment D:

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• Proposer 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 Proposer’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 Proposer’s qualifications.

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

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Scored Proposal Components Form (Attachment H)

3.2.2 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

3.2.2.1 OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in electronic submission.

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

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats:

Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

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

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3.2.3 Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

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

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet (Attachment C)

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

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.2 References (Attachment D)

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 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 Proposer’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 Proposer’s qualifications.

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

3.3.3 Price Proposal (Attachment E)

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

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• Mobilization/Set up Fees

• Helicopter and pilot (price per hour),

• 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

3.3.4 Responsibility Inquiry Form (Attachment G)

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

3.3.5 Scored Proposal 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.

3.3.6 Key Persons and their Resumes

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.

3.3.7 Project Implementation Plan

Briefly describe how Proposer would carry out the major activities 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.

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC NOTICE

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

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

https://www.oregon.gov/das/Procurement/Pages/Travel.aspx https://oregonbuys.gov/

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4.2 PRE-PROPOSAL CONFERENCE

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

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

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

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

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

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

4.4.2 Protests to Amendment(s)

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

Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is

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

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

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

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys

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

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

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

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

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

4.8 PUBLIC OPENING

A public Opening will not be held.

4.9 PROPOSAL REJECTION

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

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

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

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

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

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) within 5 Business Days of receipt of Intent to Award notice.

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

4.10.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee.

SCORE EXPLANATION

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

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

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Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

4.10.2.1 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

4.10.2.2 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.

Was any of the experience in conducting big game surveys when working in remote settings?

Does the proposer 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 proposer demonstrate comparable services required under this RFP?

4.10.2.3 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 3.1.3.

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

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

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

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4.10.2.4 Evaluation Item 4 – References (Attachment D)

Score the references based upon the 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 4.11 Table below)

4.10.2.5 Evaluation Item 5 - Price (Attachment E)

The Proposer must bid pursuant to requirements on Attachment E for the proposed services. The Price Proposal Form is Mandatory and will not be altered by Proposer.

4.10.3 PRICE EVALUATION

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

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

4.10.4 TIEBREAKERS

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

4.11 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE : 135

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 30

3.5.2.4 References 15

3.5.2.5 PRICE POINTS POSSIBLE 30

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

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

The SPC will average all scores for each evaluation criterion.

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4.12 RANKING OF PROPOSERS

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 Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are non-Responsive.

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

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

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

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

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email to the Agency central mailbox at ODFW.bids@odfw.oregon.gov ;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

mailto:ODFW.bids@odfw.oregon.gov

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• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

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

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

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

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

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

5.3.4 Responsibility Inquiry

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

5.3.5 Pay Equity Certification

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

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

5.3.6 Nondiscrimination in Employment

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class.

The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract/Price Agreement, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below.

However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

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

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

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 Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for 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

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6.2 CERTIFIED FIRM PARTICIPATION

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

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

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

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

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

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

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency,…