RFP_Type3Airtankers_Final~1.pdf

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STATE OF OREGON

COVER PAGE

Oregon Department of Forestry (ODF)

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-62900-00009774 for

TYPE 3 SINGLE ENGINE AIRTANKER (SEAT) SERVICES

Date of Issue: March 14, 2024

Opening Date and Time: March 28, 2024, at 2:00 PM PST

Single Point of Contact (SPC): Stacy Fulker, Procurement Officer

Address: 2600 State Street, Bldg. E City, State, Zip: Salem, OR 97310 Phone (voice): 503-949-1774 Phone (fax): 503-945-7268 E-mail: stacy.l.fulker@odf.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.

mailto:stacy.l.fulker@odf.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM CERTIFICATION REQUIREMENTS

3.3 MINIMUM SUBMISSION REQUIREMENTS

3.4 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

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 CHECKLIST DISCLAIMER

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LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE CONTRACT

• EXHIBIT A – STATEMENT OF WORK

o EXHIBIT 1 – PUBLIC AIRCRAFT OPERATIONS DECLARATION o EXHIBIT 2 – INSURANCE REQUIREMENTS o EXHIBIT 3 – LIST OF ABBREVIATIONS

• EXHIBIT B – INDEPENDENT CONTRACTOR CERTIFICATION

ATTACHMENT B - DISCLOSURE EXEMPTION

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D – PROPOSER’S REFERENCES

ATTACHMENT E – SYNOPSIS OF AVIATION SAFETY PROGRAM

ATTACHMENT F - RESPONSIBILITY INQUIRY

ATTACHMENT G – CHECKLIST

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Forestry, (“Agency” or “ODF”), is issuing this Request for Proposal (RFP) under the provisions of ORS 279B.060 to establish Contracts for Type 3 Single Engine Airtanker (SEAT) services (the “Services”) for fire suppression. If a Contract is Awarded, Contract Services will begin in calendar year 2024.

Agency anticipates the Award of multiple Contracts from this RFP. The intent of this solicitation is to obtain multiple Type 3 SEAT Flight Services, with a minimum tank size of 800 gallons, for initial attack wildland firefighting and large fire support in Oregon and neighboring States. The Administrative Base locations are in Prineville, OR and LaGrande, OR. The term of the Contract(s) is anticipated to be a maximum of five years.

Agency will guarantee payment at the fixed Daily Availability Rate, for the 75-day Mandatory Availability Period (MAP) under the Contract. Flight hours will also be ordered at a fixed rate and are not guaranteed. Proposed aircraft flight rates will be wet rates. The SEAT(s) must be available 7 days per week for dispatch during the MAP.

See Section 3.1 Minimum Qualifications and Section 3.2 for Minimum Certification Requirements.

Offerors shall provide all required information as outlined in Section 3.3 Minimum Submission Requirements to be considered Responsive. See Section 4.10.2 Evaluation Criteria for more information.

Awarded Contractor(s) shall have their offered aircraft(s) ready to perform Services for the 2024 fire season. If additional funding becomes available, the Agency may request additional aircraft(s) from Awarded Contractor(s) to perform the Services under the Contract if mutually agreed upon by the parties. When the MAP period begins, Contractor(s) must be ready to perform the Services or may be subject to Contract termination for default.

The aircraft(s) must be approved for operations as an airtanker by the Federal Aviation Administration (FAA) and the Interagency Airtanker Board (IAB). Prior to Award, Agency will verify IAB approval.

Additional details on the Scope of the Goods or Services or both are included in the Scope of Work/Specifications 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 RFP.

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Event Date Time

Pre-Proposal Conference N/A N/A

Questions / Requests for Clarification Due March 19, 2024 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) March 20, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal March 28, 2024 2:00 PM

Issuance of Notice of Intent to Award (approx.) April 15, 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.025(2)(n) and ORS 477.406. The Oregon Attorney General’s Model Public Contract rules (OAR Chapter 137, Divisions 46 and 47) apply to this solicitation.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137- 047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 137-046-0110 or as defined below. Terminology specific to the State of Oregon’s electronic procurement system OregonBuys may be found at: https://oregonbuys.gov/.

Administrative Base (AB). The location from which Agency provides Contract management oversight through the Aircraft Manager. The Administrative Base is also considered an Assigned Work Location

(AWL).

Aircraft Manager. Provides oversight, management, financial tracking, and processes daily reports.

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The Aircraft Manager will also verify the aircraft’s status with the Contractor and communicate aircraft orders to the designated Contractor representative.

Airtanker Base Manager. The federal government officer responsible for the management and oversight of federal Airtanker Bases.

Airtanker Types. Airtankers are typed according to their load capacity:

• Very Large Airtankers (VLAT) – 8,000 gallons or more

• Type 1 – 3,000 to 5000 gallons. Also known as a Large Airtanker

• Type 3 – 1,800 to 2,999 gallons

• Type 3 – 800 to 1,799 gallons

• Type 4 – up to 799 gallons

Assigned Work Location (AWL). The location assigned by the Agency from which an ordered flight will originate. The Administrative Base is also considered an AWL.

Aviation Maintenance Inspector's (AMI). The federal government officer responsible for the inspection and approval of Contractor and cooperator aircraft, fuel service vehicles, support equipment, and maintenance personnel.

DAS. Oregon Department of Administrative Services.

Contracting Officer. State officer responsible for administration of the Contract.

Crewmember. A person assigned to perform duties in an aircraft during flight time.

Daily Availability. A nine-hour period during which Contractor’s aircraft and pilot are immediately available for dispatch, with pre-flight inspection completed and ready for flight within 15 minutes of notification from ODF.

Daily Availability Rate. Rate paid to Contractor for 9-hour Daily Availability period.

Daily Optional/Post Season Use Period Rate. Daily rate for use of the airtanker outside of the determined MAP.

Daily Optional Use. Period outside of the MAP and Post Season Use Period (30 calendar days following MAP end date). The Agency may order Service on a day-to-day basis anytime outside the MAP and Post Season Use Periods. This Service is subject to acceptance by the Contractor.

Extended Standy. Standby of personnel beyond the first 9 hours of required duty day.

Extended Standby Rate. The rate for when personnel are required to be on standby beyond the first 9 hours of the required duty day, the Contractor will be paid at an hourly rate specified in the Extended Standby Rate.

Federal Aviation Regulations (FAR). Rules and regulations contained in Title 14 of the Code of Federal Regulations.

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Flight Crew. Contractor personnel required by the Federal Aviation Administration (FAA) to operate the aircraft safely while performing under the Contract.

Government. The Agency and/or other state or federal cooperating agencies.

Gross Weight. The total combined weight of the aircraft (Empty Weight), the crew, Passengers, fuel, fluids, Payload, and optional items.

Hourly Flight Rate. The rate paid to Contractor per hour of flight.

Key Persons. Awarded Contractor and Contractor’s personnel providing Contract Services including, but not limited to pilot(s), flight Crewmember, flight engineer, airtanker second-in-command, airtanker pilot-in-command, initial attack captain, initial attack training pilot, mechanic, and maintenance personnel.

Type 3 Airtanker. An airtanker with a retardant capacity of 1,800 to 2,999 gallons equal to 16,200 – 26,991 pounds of Payload. Type 3 Airtankers are primarily used for initial attack and are initial attack capable without Leadplane/ASM supervision.

Leadplane (LP). An aircraft used for Leadplane missions flown by a qualified Leadplane pilot.

Letter of Approval. Means a letter issued by the United States Forest Service (USFS) and Department of Interior (DOI) approving ODF contracted aircraft and pilots for cooperative use on federal lands or federally managed fires.

Maintenance Deficiency. An equipment defect or failure which affects or could affect the safety of operations, or that causes an interruption to the Services being performed.

Mandatory Availability Period (MAP). The number of days of required availability for aircraft and personnel.

Maximum Gross Weight. The absolute maximum allowable weight of the aircraft, including crew, Passengers, fuel, fluids, Payload, and optional items, as established by the manufacturer, and approved by the FAA.

Normal Operating Weight. Weight of Aircraft in its approved mission configuration with 1.5 hours of fuel, full retardant load, crew and approved miscellaneous items.

Passenger. Any person aboard an aircraft who does not perform the function of a Flight Crewmember or Crewmember.

Payload. Fire suppression retardant carried on aircraft. Weight of the maximum Payload is the Maximum Gross Weight minus Empty Weight, crew, Passengers, fuel, fluids, and optional items.

Pilot Carding. Means cards issued by the USFS/DOI after successful pilot inspection and check ride. Federal carding allows the pilots to be utilized for missions on federal land and the federal government to reimburse the Agency for the utilization.

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Pilot-In-Command (PIC). The pilot responsible for the operation and safety of the aircraft during the time defined as flight time.

Point-to-Point Flight. Aircraft operations between any two geographic locations operationally suitable for takeoff and landing (airport to airport). A flight to a designated or defined backcountry airstrip does not constitute a Point-to-Point Flight.

Post Season Use Period. Service on a day-to-day basis during the 30-day calendar period following the MAP.

Principal Base of Operations. The primary operating location of a 14 CFR 121, 133, 135 or 137 certificate holder as established by the certificate holder and Contractor’s company location as listed on Exhibit B.

Principal Structural Elements (PSEs). PSEs are those described in FAA AC 25.571C, Damage Tolerance and Fatigue Evaluation of Structure.

SAFECOM. Form that is used to report any condition, observance, act, maintenance problem, or circumstance, which has potential to cause an aviation related mishap. The purpose of the SAFECOM form is not intended to be punitive in nature. It will be used to disseminate safety information to aviation managers, and to aid in accident prevention by trend monitoring and tracking. See www.safecom.gov

Safety Management System. A systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies, and procedures.

Useful Load. The maximum allowable Payload weight that can be carried in any one mission.

A complete list of abbreviations is provided in Exhibit 3.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

As Oregon’s largest fire department, the Agency’s Fire Protection Program protects 16 million acres of forest, a $60 billion asset. These lands consist of privately owned forests as well as some public lands, including state-owned forests and, by contract, US Bureau of Land Management forests in western Oregon. The Agency is also part of an extensive fire protection network that includes landowner resources, contract crews and aircraft, adults in custody crews, and agreements with public agencies across Oregon, the US, and British Columbia.

The Agency’s firefighting policy is straightforward: Put out fires quickly at the smallest possible size.

Most of the lands protected by the Agency are working forests that produce revenue and support jobs. It is crucial to prevent fire damage to the timber resource that is an essential element of Oregon’s economy. This aggressive approach to firefighting also safeguards ecosystem values such as fish and wildlife habitats.

http://www.safecom.gov/

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2.3.2 Project Overview and Background

The purpose of the Agency’s Aviation Program is to provide professional and technical expertise in the coordination and administration of the Agency’s Fire Protection Aviation Program and natural resource aviation activities. The Agency utilizes both fixed wing and rotary wing aircraft in the daily management of Fire Protection, State Forests, Private Forests and Administration divisions. All aviation activities are a component of the complete and coordinated forest protection system.

2.3.3 Purpose

The priority mission for airtankers under the Contract(s) will be for Initial Attack (IA) of wildfires. The airtankers respond to new and emerging fires with typical missions of one hour or less. These immediate response actions occur in the first burning period and are intended to support personnel either on scene or enroute to the incident in containing the fire when it is most cost effective.

2.4 SCOPE OF WORK/SPECIFICATIONS

All airtanker operations, including aircraft and personnel, must comply with the Agency Air Operations Policy, Aviation Procedures Manual, USFS policy in Forest Service Manual 5700, Forest Service Handbook 5709.16 and all applicable approved Agency and interagency standards, plans and guides including but not limited to the following:

• Aviation Procedures Manual (See Airtanker Operations Section)

• Forest Service Airtanker Operations Plan

• NWCG Standards for Airtanker Base Operations

• NWCG Airtanker Base Directory

• Interagency Standards for Fire and Aviation Operations (Red Book)

• Interagency Aerial Supervision Guide

Minimum Aircraft Performance:

• Minimum tank capacity of 800 gallons.

• Minimum Payload of 6,900 pounds with IAB approved gate system installed, 1.5 hours of fuel, and a 200 lb. pilot at 7,000ft and 30° Celsius.

• Operational Endurance of at least one hour and 30 minutes (1.5 hours) at 75% power, with 6,900 pounds of retardant, and a 200-lb pilot.

• Capable of takeoff as configured above at 7,000 feet pressure altitude and 30˚ Celsius.

The Administrative Base(s) (AB) for the Contract(s) are either the Prineville Airport (S39) located in Prineville, OR, or La Grande/Union County Airport (LGD) located in La Grande, OR. Additional AWLs may be utilized to support fire suppression operations. Agency is seeking the following number of aircraft per AB:

• Two (2) SEATs for the AB Prineville Airport (S39) located in Prineville, OR

• Two (2) SEATs for the AB La Grande/Union County Airport (LGD) located in La Grande, OR

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All Services provided under the Contract(s) shall be performed in a safe and efficient manner.

Awarded Contractor(s) shall use all reasonable means to support safety awareness and adherence to established FAA standards and procedures. The primary Services for airtankers under the Contract(s) is dropping water/fire chemicals on wildland fires.

During the MAP, the airtanker(s) must be made available 7 days per week for the exclusive use of the Agency. After the Flight Crew has been notified of an order and the airtanker is loaded with fuel and water/fire chemical, they shall be airborne within 15 minutes. The Awarded Contractor(s) must provide all personnel, facilities, technical support, equipment, financial support, and materials required to accomplish the Services unless otherwise agreed to by the SAM.

The Awarded Contractor(s) and Contractor’s Key Persons shall conduct themselves in a professional and cooperative manner when providing Services under the Contract(s). Performance of these Contract Services may involve work on federal property (i.e., Federal Airtanker Bases).

See Attachment A “Sample Contract” and Exhibits for detailed specifications for Services required under the Contract(s).

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

The Contract requires Contractor compliance with the aircraft, equipment, and personnel requirements in the most current United States Department of Interior (DOI) Single Engine Airtanker Flight Services Contract. As of December 2023, the solicitation number is 140D0423R0060. This document can be reviewed online at:

https://sam.gov/opp/3894aef8133940b79707cdea0a8e3a61/view.

The Proposer must demonstrate that the aircraft(s) and pilot(s) meet federal approved standards with current Office of Aviation Services (OAS) Carding (cards must not be expired) through the DOI OAS. For aircraft(s) and pilot(s) with OAS card(s) expiring before June 1, 2024, Proposer must provide proof to the Agency in its Proposal of a federal inspection date via email from a federal inspector. Agency may proceed with Awarding the Contract in anticipation that the inspection will be passed, and federal carding will be approved for fire season. Aircraft(s), pilot(s), mechanic(s), and equipment must have current OAS approval prior to performing any Services under the Contract and failure to obtain the required OAS approval may result in Contract termination. See Attachment A - Sample Contract C-1 for details on Federal Cooperation requirements.

See Attachment A “Sample Contract” and Exhibits for detailed requirements for aircraft, pilots, equipment, and maintenance personnel.

3.2 MINIMUM CERTIFICATION REQUIREMENTS

To be considered for evaluation, the Proposal must demonstrate how Proposer meets all requirements of this section:

(a) Aircraft must:

i. Be certified in accordance with 14 CFR 21.125 and 21.185 or 21.187 https://sam.gov/opp/3894aef8133940b79707cdea0a8e3a61/view

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(1) FAA Type Certificate (TC) allowing for the dropping of water on wildland fires (e.g., aerial dispersant of liquids).

(2) An aircraft make and model for which engineering and logistical support, for continued airworthiness, is provided from the original equipment manufacturer/TC holder.

(b) Primary and Relief Pilots must:

i. Hold current FAA commercial pilot certificate or higher with airplane category, single engine land class and instrument airplane rating. Pilots are not required to maintain IFR currency per FAR 61.57.

ii. Have a minimum of a current second-class medical certificate issued in accordance with 14 CFR Part 67.

iii. Be Level 1 certified (IA qualified).

(c) Mechanic and Fuel Servicing Vehicle (FSV) Driver:

i. Mechanic must have a valid FAA mechanic certificate with airframe and powerplant (A&P) ratings and must have held the certificate, or foreign equivalent, with both ratings for a period of 24 months. Mechanic may also serve as the FSV Driver.

ii. FSV Driver must have a valid driver’s license.

See Attachment A “Sample Contract” and Exhibits for detailed requirements for aircraft, pilots and maintenance personnel. Proposal must demonstrate how Proposer meets all requirements for aircraft, pilots, and maintenance personnel in the Attachment A "Sample Contract" and Exhibits.

3.3 MINIMUM SUBMISSION REQUIREMENTS

3.3.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Section 3.4 - Proposal Requirements, below):

• Minimum Certification Requirements (per Section 3.2 above) o Type Certificate for aircraft (submit 1 copy) o Airworthiness Certificate (submit 1 copy) o FAA Commercial Pilot Certificate (submit 1 copy front and back per pilot) o Second Class Medical Certificate (submit 1 copy per pilot)

• Offered Aircraft Performance Information (list all offered aircraft - Attachment A, Exhibit A, Section A-1 (6))

• Price Proposal of Schedule of Items for Offered Aircraft (Attachment A, Exhibit A, Section A-2 (9)) – submit as its own pdf separate from other submissions.

• Interim Approval Letter or Approval Letter from the Interagency Airtanker Board (submit 1 copy)

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• OAS Card for each aircraft proposed and Pilot Qualification Card (submit 1 copy per pilot); For OAS card(s) expiring before June 1, 2024, Proposer must provide proof in its Proposal of a federal inspection date via email from a federal inspector.

• Proposer Information and Certification Sheet (Attachment C)

• Proposer’s References (Attachment D)

• Synopsis of Aviation Safety Program (Attachment E)

• Responsibility Inquiry (Attachment F)

Optional Proposal Submissions:

• Disclosure Exemption (Attachment B) – submit only if applicable.

3.3.2 Proposal Format and Quantity

The 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.

Proposer shall submit its Proposal electronically via email addressed to the SPC and include the RFP OregonBuys Bid Number within the subject line, on or before Opening.

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

ALL PROPOSALS MUST BE SUBMITTED BY EMAIL; ONE PDF ATTACHMENT IS PREFERRED,

EXCEPT THE PRICE PROPOSAL WHICH MUST BE SUBMITTED AS A SEPARATE ELECTRONIC PDF

ATTACHMENT.

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. 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 (Attachment B) and Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

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

3.3.3 Authorized Representative

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

3.4 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this Section, Sections 3.1, 3.2, 3.3.1, and all other requirements set forth in this RFP. Proposers shall complete all required attachments completely and accurately.

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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. The 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.

3.4.1 Proposer Information and Certification Sheet

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

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

3.4.2 References

Proposer shall complete and submit Proposer’s References (Attachment D), including reference names and contact information for three current or former client firms for similar projects performed for any clients within the last 10 years. References must be able to verify the quality of previous, related work.

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

3.4.3 Price Proposal

Proposer shall submit pricing (the “Price Proposal”) for Services by completing Section “A-2 Schedule of Items for Offered Aircraft”, provided in Exhibit A of Attachment A “Sample Contract”.

The Price Proposal (A-2 Schedule of Items) must be submitted with the Proposal as a separate electronic file to the SPC, on or before Opening. Pricing must be provided for the Daily Availability Rate (during MAP), Hourly Flight Rate (no hour guarantee) and Daily Optional/Post Season Use Rate. Proposers shall complete and submit Price Proposals (A-2 Schedule of Items) for each Administrative Base the Proposer is interested in proposing on. There are two separate pricing tables, one for each AB available for this RFP. Proposers may submit Price Proposals for both ABs but cannot Propose the same aircraft for the two different ABs. See Section 4.10.2.1 Evaluation Item 1 – Price Evaluation for more information on price evaluation.

3.4.4 Responsibility Inquiry

Proposer shall complete and submit Responsibility Inquiry (Attachment F).

3.4.5 Minimum Qualification and Certification Requirements

Proposer shall demonstrate how it meets all Minimum Qualifications per Section 3.1 above.

Proposer shall demonstrate how it meets all Minimum Certification Requirements per Section

3.2 above.

3.4.6 Offered Aircraft Performance Information

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Proposer shall list all offered aircraft on Section A-1 (6) of Attachment A and submit with its Proposal. Proposer must list an AB for each Proposed aircraft on Attachment A, A-1 Minimum Aircraft Requirements in the column listed “Proposed Administrative Base for Aircraft”.

3.4.7 Synopsis of Aviation Safety Program

Proposer shall complete and submit the Synopsis of Aviation Safety Program (Attachment E).

3.4.8 Interim Approval Letter or Approval Letter from the Interagency Airtanker Board

Proposer shall submit one copy of its Interim Approval Letter or Approval Letter from the Interagency Airtanker Board.

3.4.9 Personnel (Key Persons)

Proposer shall submit a list of current OAS approved mechanic(s) and driver(s). The list will include the expiration date of the OAS approval. Personnel (Key Persons) Requirements are outlined in Attachment A - Sample Contract, Section C-5.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys.

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

4.2 PRE-PROPOSAL CONFERENCE

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 submitted in Writing and delivered to the SPC via email;

• 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

https://oregonbuys.gov/

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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 proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

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 submitted in Writing and delivered to the SPC via email;

• Reference the OregonBuys Bid Number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based; and

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

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

Protests to an Amendment must be received by the due date identified in the Amendment or the second Business Day after issuance of 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 delivery or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this

RFP:

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Proposals must be emailed to the SPC identified on the cover page of this RFP. ALL

PROPOSALS MUST BE SUBMITTED BY EMAIL; ONE PDF ATTACHMENT IS PREFERRED,

EXCEPT THE PRICE PROPOSAL WHICH MUST BE SUBMITTED AS A SEPARATE ELECTRONIC

PDF ATTACHMENT. Please include the RFP OregonBuys Bid Number in the subject line of the email. If the Proposer is unable to submit a Proposal via email, Proposer must contact the SPC within a reasonable time period prior to the submission deadline to make arrangements for an alternate delivery or alternate format. The Agency is not responsible for incomplete Proposals or Proposals that were not correctly addressed to email of SPC identified on the cover page. Only approved alternative delivery or formats may be accepted.

Proposals must be received by the SPC before the scheduled RFP Opening date and time, located on the cover page. Late Proposals will not be considered.

All costs associated with preparation, submission, modification, and withdrawal of a Proposal are the sole responsibility of the Proposer and will not be borne by the Agency. The Agency will not accept Proposals that require payment by the State.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in 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 137-047-0440. 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.

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 or as changed by Amendment. A link to participate in the Opening will be posted on OregonBuys. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 137-047-0630.

4.9 PROPOSAL REJECTION

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

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

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

• 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), Section

3.2 (Minimum Certification Requirements), and Section 3.3 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer.

However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.10.1.2 Responsibility Determination

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

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

4.10.2 Evaluation Criteria

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

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.

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4.10.2.1 Evaluation Item 1 (Price Evaluation)

The SPC will conduct the price evaluation for each AB location. 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 (Maximum price score possible is 70 points):

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

Price/rate provided for each AB on the Schedule of Items (Section A-2) will be calculated for the following:

• Lowest Daily Availability Rate 40 Points Possible

• Lowest Hourly Flight Rate 20 Points Possible

• Lowest Daily Optional/Post Season Use Rate 10 Points Possible

Each individual price point score will be rounded to the second decimal and the final total price point score will be rounded to the nearest whole number.

Example Scoring for one AB:

Proposer A Proposer B Proposer C Daily Availability $6,000 Daily Availability $5,500 Daily Availability $4,500 Points: 30.00 Points: 32.73 Points: 40.00 Flight Rate $4,250 Flight Rate $4,500 Flight Rate: $5,000 Points: 20.00 Points: 18.89 Points: 17.00 Post Season Use Rate $3,000 Post Season Use Rate $4,500 Post Season Use Rate: $3,450 Points: 10.00 Points: 6.67 Points: 8.70

Total Price Points Total Price Points Total Price Points

60.00 = 60 pts. 58.29 = 58 pts. 65.70 = 66 pts.

4.10.2.2 Evaluation Item 2 (References Evaluation)

References will be evaluated by the Evaluation Committee and scored for a maximum of 30 possible points (See Attachment D).

The Proposer must provide a minimum of three references. If the Proposer provides fewer than three references, the Proposer may be deemed non-Responsive.

Past performance is a measure of the degree to which the Proposer satisfied its customers in the past and complied with federal, state, and local laws and regulations. References as listed will be contacted regarding the quality of past performance of services in the following topic areas:

• Timeliness/responsiveness/effectiveness

• Customer satisfaction with services received

• Knowledge/experience/safety

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• Overall quality of work performed

• Performed within Proposal amount

• Financial capability to maintain aircraft and personnel in the field

Each reference will be asked a total of six questions. The maximum possible points per reference is 30 points (up to 5 points possible for each question). Each reference contacted will be asked the same questions. The total reference points received from all reference contacts will be added together and divided by number three, which will result in a maximum of 30 possible points that may be awarded for references. See Attachment D for Reference Score Sheet example, immediately following the Proposer’s References form.

Members of the Evaluation Committee will attempt to contact all references provided by each Proposer. The Committee member will make up to three attempts to contact a reference. For each reference the Committee member is unable to contact, the Proposer will receive zero points.

Failure to provide complete and accurate information may be the cause of Proposal rejection.

The Proposer must provide customer references that can be contacted regarding the quality of the service provided (Current and past customers). Each reference must have been under a separate contract (for example, it is not acceptable to have three State of Oregon government agencies which use the same contract, count as three separate references).

The Agency reserves the right to investigate any customer references, whether or not furnished by the Proposer, and past performance of any Proposer in respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a product or service on schedule, and its lawful payment of suppliers, sub-contractor(s), and employees. Agency may reject a Proposal if, in the opinion of Agency, overall reference responses indicate inadequate performance.

4.10.3 PREFERENCES

4.10.3.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency will subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.3.2 Reciprocal Preference

For evaluation purposes per OAR 137-046-0310, Agency will add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.3.3 Recycled Materials

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

https://www.naspo.org/reciprocity1

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4.10.3.4 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

Points are the total possible for each section as listed in the table below. An explanation of how items listed below will be scored is provided in Section 4.10.2.

4.12 RANKING OF PROPOSERS

The SPC will score the pricing for each Proposal as described in Section 4.10.2 for each AB location.

The reference score total will be determined by averaging the combined reference scores and dividing the sum by three. The overall score for ranking Proposals for each AB location will be calculated by totaling the price score and the average reference score.

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

Agency may, at Agency’s sole discretion, determine an apparent successful Proposer(s) with no additional rounds of competition. If additional rounds are conducted, the Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer(s) at any time during the solicitation process.

4.13 NEXT STEP DETERMINATION

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

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

TOTAL POINTS POSSIBLE: 100

POINTS POSSIBLE

4.10.2.1 Evaluation Item 1 - Pricing 70

4.10.2.2 Evaluation Item 2 - References 30

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4.13.1 Competitive Range Determination

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

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it Awards a Contract(s), will Award a Contract(s) to the highest-ranking Responsible Proposer(s) for each AB location 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(s) 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:

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• Be delivered to the SPC via email;

• Reference the OregonBuys Bid Number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

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

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by the 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 2 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 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.

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

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5.3.5 Nondiscrimination in Employment

As a condition of receiving the Award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.6 Register on OregonBuys

If selected for Award, Proposer must register on OregonBuys:…