RFP with all attachments~2.pdf

OregonBuys RFP #S-63500-00010408 – Gear Modification Research to Reduce Bycatch in the Shrimp Trawl Fishery

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Intermediate Procurement Request For Proposals (RFP) under OregonBuys #S-63500-00010408 for

GEAR MODIFICATION RESEARCH TO REDUCE BYCATCH IN

THE SHRIMP TRAWL FISHERY

Date of Issue: May 14, 2024

Opening Date and Time: May 31, 2024

Single Point of Contact (SPC): Kathy Blehm, Contract Specialist II

Address: 4034 Fairview Industrial Drive SE City, State, Zip Salem, OR, 97302 Phone (voice) 503-509-1322 E-mail: (best way to reach me) kathy.m.blehm@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.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFERS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 COST EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 TIEBREAKERS

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

5.8 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H VESSEL & VESSEL MASTER MINIMUM QUALIFICATIONS FORM

ATTACHMENT I SCORED PROPOSAL COMPONENTS FORM

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

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Oregon Department of Fish and Wildlife (ODFW) intends to charter one ocean shrimp trawl vessel to participate in a research project looking to evaluate if adjustments to the height of the trawl net off the seafloor (fishing line height) can be used to improve bycatch reduction for eulachon and other fish. This project seeks to conduct eight sample days between June 1, 2024 and August 31, 2024. The eight sample days will ideally be split between two four-day research cruises. This project will also require one mobilization day and one demobilization day at the beginning and end of the project, respectively, and offloading days following the end of each research cruise. The research cruises must take place out of Astoria, Newport, or Charleston.

1.2 SCHEDULE

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

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

Event Date Time

Questions / Requests for Clarification Due May 24, 2024 2:00 PM

Opening (offer Due) May 31, 2024 3:00 PM

Issuance of Notice of Award (approx.) June 04, 2024

1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

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

2.2 DEFINITION OF TERMS

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

• “Contractor” is defined as the owner of a vessel selected to take part of the project.

• “Captain” is defined as the master or primary vessel operator who will have final say on all matters on the behalf of the vessel crew.

• “Chief Scientist” is defined as the member of the scientific team who is in charge of the research operations on board the vessel.

• “Sample Day” is defined as a day when research tow(s) are completed based on survey goals determined by the Chief Scientist.

• “Port Call Day” is defined as a day spent in port due to inclement weather conditions prohibiting effective, scientifically valid sampling operations or days spent in port due to repair of scientific equipment. Port Call Days are only payable if the vessel is restricted in use because scientific gear is aboard the vessel. Port Call Days do NOT apply to Offloading Days.

• “Mobilization Day” is defined as a day preceding scientific operations required for loading or installing of scientific equipment, etc.

• “Demobilization Day” is defined as a day succeeding scientific operations required for unloading or removal of scientific equipment, etc.

• “Project Design” is defined as the statistical and procedural methodologies employed to determine the sampling gear, sampling stations, deck protocols, and data analyses.

• “Cruise Plan” is defined as the logistical methodologies employed to implement the Project Design.

• “Offloading Day” is defined as a day or time when the vessel is offloading ocean shrimp/fish caught during the research project. An offloading day does NOT count as a Sample Day or a Port Call Day.

2.2.1 General Definitions

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of Fish and Wildlife (ODFW) is responsible for managing Oregon’s fish and wildlife resources. As part of the ODFW, the Marine Resources Program (MRP) works with Oregonians to sustain ocean and estuary resources by: 1. Building understanding about fish, wildlife, and their habitats as well as peoples’ connections to them; 2. Conducting work that benefits Oregon’s marine species, ecosystems, and people; and 3. Taking actions that ensure resources and opportunities for use and enjoyment for today and into the future.

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

2.3.2 Project Overview, Background and Purpose

ODFW and the Pacific Sates Marine Fisheries Commission (PSMFC) will be responsible for designing the project and providing all scientific equipment needed for the project. The Contractor agrees to furnish a vessel, crew, two well-matched ocean shrimp trawls, ice, fuel, and all additional gear necessary for ocean shrimp trawling. The Captain and crew of the vessel selected will assist in the deployment and retrieval of trawls, LED fishing lights, recording inclinometers, and oceanographic sensors. The Captain and crew must be available during all scientific operations. In order to ensure full use of each Sample Day, the Captain and crew should make any necessary transit arrangements in order to begin fishing operations at the start of each Sample Day. All fishing will occur during daylight hours. This project will be a collaborative study between the ODFW, PSMFC, and ocean shrimp trawl fishermen.

Agency anticipates the award of one Contract from this RFP. The term of the Contract is anticipated to start June 01, 2024, and run through August 31, 2024.

2.4 SCOPE OF WORK/SPECIFICATIONS

This project will conduct field experiments with ocean shrimp trawls to evaluate if adjustments to fishing line height (FLH) can be made to improve bycatch reduction for eulachon and other fish. The success of this research project depends upon the Captain’s knowledge of fishing grounds that contain low-to-moderate levels of ocean shrimp intermixed with eulachon during the months of June through August.

This project seeks to conduct eight Sample Days between June 01, 2024, and August 31, 2024, ideally split into two four-day research cruises. Additional days will be required for mobilization, demobilization, offloading of ocean shrimp and fish, and Port Call Days (if necessary). The research cruises must take place out of Astoria, Newport, or Charleston. The port used for mobilization and demobilization will be determined once the contractor has been selected but will be a port on the Oregon Coast. The Mobilization Day is necessary for loading gear, setting up equipment, and orienting the scientific crew with the vessel. The Demobilization Day will include offloading the scientific gear brought aboard the vessel during the project. Precise cruise dates will be somewhat flexible given weather, sampling logistics, and personal constraints on personnel. One full day each will be necessary for mobilization and demobilization. Port Call Days will be used as needed to replenish supplies, make personnel changes to the scientific crew and/or vessel crew, avoid inclement weather conditions, and/or allow for any mechanical and electrical equipment repair.

For this experiment, catches will be compared between two double-rigged ocean shrimp trawls fished simultaneously. One trawl will be adjusted to receive the treatment of interest (i.e., a lower or higher FLH) and the other will serve as a control (standard or medium FLH). A divided shrimp hopper will be used to keep the catch from each net separate for sorting and weighing of the catch. Six to eight tows per Sample Day are desired for this project. However, the actual number of tows conducted per Sample Day will be determined by catch rates, weather, and other logistical concerns. Tow durations will be decided by the jointly between the Chief Scientist and Captain to avoid large catches that cannot be completely sampled. Ocean shrimp catch will be retained for sale and proceeds will go to ODFW.

Two ocean shrimp Offloading Days are expected during this project with one Offloading Day occurring halfway through the project and the second Offloading Day occurring at the end of the project. However, based off catch rates, condition of ocean shrimp, weather conditions, plant operations, and/or scientific/project objectives, the timing of Offloading Days may be subject to change.

The research project will terminate when, as determined jointly by the vessel Captain and Chief Scientist, either: (1) the scientific objectives of the cruise have been met, (2) available funds have been exhausted, (3) due to equipment failure, inclement weather, or other cause it appears that the scientific objectives cannot be met within a reasonable time frame, or (4) the limit of compensable Sample Days has been reached. The Chief Scientist, in consultation with the Contractor, will determine the vessels sampling schedule.

If the research cruises are terminated before the limit of compensable Sample Days has been reached, an additional cruise may be scheduled at the discretion of ODFW, at a time determined jointly by ODFW and the Contractor.

For terms of this agreement, only days meeting the definition of “Sample Days” as defined in section 2.2, are compensable as Sample Days. If during a cruise inclement weather, vessel equipment failure, or other development makes it impossible or unwise to continue sampling operations, the Contractor and ODFW may elect to terminate the cruise and return to port. Alternatively, ODFW and the Contractor may jointly elect to suspend sampling operation and wait for conditions to improve. Time lost due to vessel equipment breakdown or time spent at the dock, such as waiting for the tide, or waiting to unload product, supplies, or crew, is not compensable under this agreement (except as Mobilization and Demobilization Days). If, during the course of a cruise, the excluder, recapture net or other component of the sampling gear becomes damaged or otherwise inoperative, the Chief Scientist may elect to continue the cruise and modify the sampling plan by prioritizing other aspects of the research.

TASKS:

Contractor will:

1. Provide an active ocean shrimp trawl vessel.

a. The fishing vessel must be a double-rigged ocean shrimp trawl vessel with at least 300 square feet of back deck space. Sufficient deck area is needed to permit the scientific crew to weigh and process ocean shrimp and fish catches, and affix LEDs and sensors to the trawls.

b. The vessel must provide a divided hopper to keep the catch from each net separate for sorting and weighing of the catch.

c. The vessel must provide two well-matched ocean shrimp trawls.

d. The vessel must provide otter doors designed for ocean shrimp trawling and all available hardware to attach the nets to the doors.

e. The Contractor must be able to alter the FLH of both of their trawls to account for adaptive treatments.

f. The vessel must provide matching rigid grate BRDs with ¾ inch openings.

g. The vessel must provide enough functioning LED fishing lights and batteries to ensure that five LED fishing lights are present and illuminated for all trawls made for this research project. LED fishing lights should all be the same brand and color and be approved by ODFW for use in the ocean shrimp fishery. An adequate supply of replacement LEDs and batteries will be necessary.

h. The vessel must have adequate ice/fish hold capacity to accommodate ocean shrimp and fish catches of up to four Sample Days. Ocean shrimp and groundfish sales: Any sales of ocean shrimp and groundfishes during this project will go to ODFW. All fish and ocean shrimp caught during this project are for research.

i. The Contractor must provide enough fuel to accommodate travel from port to the shrimping grounds, back to port, and fishing activities for up to four Sample Days.

j. The Contractor must provide enough clean drinking water for up to six people for up to four Sample Days.

k. The vessel must have clean and sanitary living conditions, sleeping quarters, and adequate space for three scientific crew members (men and/or women).

Sleeping quarters must have at least two points of egress.

l. The vessel must have one head and a functional shower available for use by the scientific crew. Doors to toilet or bathing facilities must be fitted with an operational lock or latch to ensure the user’s privacy. The vessel will furnish soap, toilet paper, and paper towels.

m. The vessel must have sufficient fresh water capacity to accommodate reasonable shower use by a three person scientific crew and a three person vessel crew. The vessels shower must also be serviced by a hot water heater.

n. The vessel must have work spaces and berthing spaces that are adequately ventilated and free from excess engine noise and hydrocarbon fumes. Smoking of tobacco inside the vessel is prohibited while on charter.

o. The vessel must have adequate deck lighting to support early-morning or nighttime work operations (fish sample work ups on the back deck). Lighting from several angles to reduce shadows is desired.

p. The Contractor hereby assumes full responsibility for the operation, repair, and maintenance of the boat and other equipment furnished by him/her.

Contractor agrees to provide labor to repair the vessel as needed.

q. The vessel must have available 110-volt power, as well as sufficient free space for charging several laptops, cell phones, and camera batteries.

2. Provide an experienced Captain and crew.

a. The Captain must have a minimum of five years of ocean shrimp trawl fishing experience as master of a comparable-sized vessel in ocean waters and at least 10 years total fishing experience. The Captain must also have experience fishing for ocean shrimp.

b. The Captain shall be competent in the use of modern navigational and fish-detecting equipment.

c. The vessel crew will assist in attaching the LEDs, tilt sensors, oceanographic sensors, and MK9 Time-Depth Recorder tags on each trawl prior to deployment.

d. The crew shall consist of a Captain and at least one deckhand. Two deckhands are desired for this project but is not a requirement. In addition to the normal duties reserved for the deckhands, one or more of the deckhands or the Captain will also accomplish the responsibilities of engineer and cook. If desired, the crew may include an additional deckhand capable of operating the vessel to provide additional flexibility for the crew and to ensure all crew members receive adequate rest.

e. The deckhand undertaking the responsibilities of engineer shall have a minimum of five years of experience.

f. Captain/crew members with previous research experience are highly desired.

g. The Captain must record logbook data on all tows conducted during the research project. At conclusion of the project a copy of the logbook data must be provided to the Chief Scientist.

3. The Contractor shall be responsible for all vessel-related gear needs (other than that supplied by ODFW or PSMFC), including supplies normally needed for routine maintenance, and for any vessel-related gear lost or damaged during the course of the charter.

4. Contractor shall be responsible for the sale of all ocean shrimp. Contractor should consult with Chief Scientist on locating a suitable buyer(s) for the shrimp. ODFW and PSMFC personnel may assist in locating potential buyer(s) in certain ports in the case the buyer(s) selected by the Contractor are unable to accept the catch.

5. The Captain and crew shall exercise due caution and follow safety procedures as directed by the Chief Scientist to help prevent damage or loss of scientific gear and equipment. The Chief Scientist may present specific safety procedures in writing to the Captain. If loss of or damage to scientific equipment is the result of negligent disregard of such instructions and procedures, repair or replacement costs may be deducted from charter payments.

6. The vessel Captain is responsible for all matters related to the safety of all crew, the vessel, and equipment operation. The Captain will adhere at all times to Navigational Rules of the Road whether sampling, running, drifting, or at anchor.

The Captain shall review safety procedures and equipment with the scientific crew at the beginning of each cruise leg. At all times while at sea, the Captain shall post a wheel/anchor watch (as required by the United States Coast Guard [USCG] Navigational Rules of the Road). The Captain shall post a wheel/anchor watch at night while the vessel runs to the next station, drifts, lies at anchor, or runs to the first station early in the morning to ensure that the vessel and all crew are secure.

Failure to maintain a wheel/anchor watch as required by the USCG Navigational Rules of the Road could result in a breach of contract and termination of charter work.

a. The Contractor shall provide USCG approved survival suits for all vessel crew members. The scientific crew members will provide their own suits.

Adequate dry storage for all survival suits shall be provided.

b. The Contractor shall provide USCG approved life jackets for all vessel crew members. The scientific crew members will provide their own life vests.

c. The vessel must be equipped with a USCG approved self-inflating covered life raft with capacity sufficient to accommodate all vessel crew and scientific crew members.

d. A Category I [Emergency Position Indicating Radio Beacon] [EPIRB] must be affixed to the exterior of the vessel in a manner approved by the USCG.

e. Before leaving the dock to commence sampling operations or when any crew change occurs, the Contractor will conduct a safety drill detailing locations of all safety equipment, description of vessel station bill, and instructions on operating appropriate safety and communications equipment. Station bills must be posted in prominent places. NOAA vessels normally post station bills on cabin doors. For contracted vessels, the chief scientist will consult with the Captain to determine the location of the station bill.

f. No Sex, alcohol, or drugs – This rule will be stated as part of the Chief Scientist’s orientation before the commencement of sampling operations.

g. The vessel must have a valid USCG Safety Decal. The decal must remain valid during the entire contract period and all requirements of the decal must remain valid for the entire contract period. This includes EPIRB batteries and life raft repacking. For example, if a vessel has a valid sticker, but the EPIRB battery is expired the vessel will need to have the battery replaced before the project can begin. In such situations, the vessel will go off charter and will remain off charter until the problem has been resolved.

7. Contractor will provide three nutritionally balanced meals each day the vessel is at sea. Mealtimes will be coordinated between the Captain and the Chief Scientist to accommodate both the need to complete sampling and the time required by the cook to prepare meals. The vessel will provide meals for the scientific crew during all days the vessel is at sea.

ODFW will:

1. Designate one scientist as the Chief Scientist. This person will be responsible for implementing the Cruise Plan and Project Design, compliance with charter terms, and disposition of catches. The Chief Scientist:

a. Ensures that research is conducted according to established protocols.

b. Follows good scientific practices to ensure data quality.

c. Serves as the supervisor of the scientific staff.

d. Ensures that the entire team adheres to safety regulations and rules of conduct.

e. Has the necessary contact information for all scientific personnel.

f. Confirms all permits, emergency contact information, Cruise Plans, and protocols are read, understood, and aboard prior to departure.

2. The scientific crew will consist of 2-3 individuals.

a. The scientific crew will provide personal bedding, towels, work vests/PFDs, and immersion suits.

3. ODFW will provide all permits necessary for conducting the research and selling of ocean shrimp.

4. Before departure and commencement of operations, the Chief Scientist will provide a joint orientation meeting for Captain, and vessel and scientific crew. This orientation will cover the objectives of and methods for accomplishing the project.

Work; Acceptance Criteria; Deliverables and Delivery Schedule:

The term of the Contract is anticipated to start June 01, 2024, through August 31, 2024, with a possible extension to October 31, 2024.

Contractor will deliver eight Sample Days aboard a commercial ocean shrimp fishing vessel between June 01, 2024, and August 31, 2024 (see above sections for specific details and requirements).

Contractor will provide a capable Captain and crew for the fishing vessel (see above sections for specific details and requirements).

Payment Methodology

Payments will be made after each research cruise for all compensable Sample Days and Mobilization, Demobilization, or Port Call Days that occurred during or in conjunction with that research cruise.

Deliverable Review & Acceptance Process

Upon award of contract and prior to the start of the charter, a post-award meeting or conference call will be held to discuss issues relating to the charter and project. All vessel personnel participating in the charter work are encouraged to participate in the meeting. ODFW, upon award of the contract, will schedule the date and time for the meeting.

After completion of the project, a post-project debriefing will be held at an agreed upon location.

The purpose of the debriefing is to provide the Contractor an evaluation of the performance of the vessel and crew during the charter and for the crew to voice any suggestions or concerns they may have. All vessel personnel participating in the charter work are required to attend the meeting.

ODFW, upon completion of the project, will schedule the date and time for the meeting.

The Contractor hereby agrees to execute the Project Design as described, or a modification of said plan or design based upon mutual agreement between the Contractor and ODFW.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

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

3.1.1 Vessel to be provided by Proposer.

MINIMUM REQUIREMENTS for vessel:

See Section 2.4.

3.1.2 Vessel Captain Qualifications - Minimum Mandatory Requirements:

(Proposer must provide copies of required Certifications or Licenses.)

Vessel Captain must have all of the following (Use Attachment H):

- a minimum of five (5) years’ experience;

- a minimum of three (3) years of professional experience operating vessels in coastal waters for multiday trips;

- significant knowledge of Oregon’s coastal waters.

- knowledge, experience, ability and commitment to conduct safe operations of vessel and equipment

- Insurance as otherwise required by this RFP (see Section 4.3.1 and Exhibit B of

Attachment A); and

- Current First Aid Certification.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

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

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

3.2.2 Authorized Representative

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

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

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

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

3.3.2 Questions / Requests for Clarification

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

https://oregonbuys.gov/bso https://oregonbuys.gov/bso

• Be emailed to the SPC

• Reference the OregonBuys bid number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

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

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

3.3.3 Offer Submission

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

3.3.3.1 Submission Options

Delivery through OregonBuys

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

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

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

Delivery through Other Electronic Media Response (E-Mail)

If Offeror elects to submit its Offer by other electronic media, Offeror shall submit one copy of its Offer and all other submittal requirements, to the E-Mail address below:

E-Mail Address: ODFW.Bids@odfw.oregon.gov

When E-Mailing in bids, Offerors must address the Subject line as follows:

Subject: OFFER FOR RFP #S-63500-00010408

The total combined file size of all documents should be compressed so it does not exceed 10 megabytes.

If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

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

3.3.4 Modification or Withdrawal Quotes or Offers

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

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

3.3.6 Offer Opening Date (Offer Due Date)

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

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

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

3.3.7 Offer Rejection

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

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

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

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

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

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

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

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

3.3.8 Opening of Offers

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

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

3.4 OFFERS CONTENT REQUIREMENTS

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

3.4.1 Offeror Certification & Information Sheet (Attachment C)

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

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

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

References must verify the quality of previous, related Work.

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

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

3.4.3Cost Sheet (Attachment E)

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

Proposer shall submit a Price Proposal stating the proposed price per day for eight Sample Days, one Mobilization Day, one Demobilization Day, a Port Call Day (if necessary), and a total proposed price. The offered price per day should include all costs required by the Offeror to perform the work, and the total offered price should include all costs required by Offeror to perform the work for a total of eight Sample Days, one Mobilization Day, one Demobilization Day, and a Port Call Day (if necessary). The Offeror shall furnish all required material, equipment, labor, and perform all work, outlined in the Request for Proposal, for the Oregon Department of Fish and Wildlife Project designated for Gear Modification Research to Reduce Bycatch in the Shrimp Trawl Fishery.

Proposal Price is the total including Successful Proposer’s profit and overhead and any other costs to perform all work. Agency will not pay any costs above the Total Proposed Price.

3.4.4Responsibility Inquiry Form (Attachment G)

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

3.4.5Scored Component Form (Attachment H)

Submit a detailed Scored Component Form (Attachment H) with written General Qualifications that demonstrate capability to complete the requested services, written detailed Understanding of Requested Services/Project, Pilot(s) qualifications (Primary and Back-up), Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

3.4.6 Public Record/Confidential or Proprietary Information

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

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

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

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

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

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

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

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

3.5.2 Evaluation Criteria

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

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

SCORE EXPLANATION

90 – 100%

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

60 – 89%

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

50 – 59%

ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Offeror.

11 – 49%

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

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

3.5.2.1 Evaluation Item 1 Vessel Master Qualifications (Attachment H & I) o Does the Proposal clearly describe how their qualifications will allow them to successfully perform the scope of work and meet all the minimum requirements?

o Does the Proposal demonstrate services comparable to those required under this

RFP?

3.5.2.2 Evaluation Item 2 – Evaluation of Vessel Master and Project Team (Attachment H & I)

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

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

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

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

Does the Offeror demonstrate comparable services required under this RFP?

3.5.2.3 Evaluation Item 3 – Offeror Project Approach and Vessel Information (Attachment H & I)

Proposers must explain their project approach and demonstrate that vessel meets all criteria laid out in this RFP.

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

3.5.2.4 Evaluation Item 4 – References (Attachment D)

Score the references based upon the submitted scores submitted from three references as required in Attachment D. Each Reference will be asked a series of questions that will be scored. Total average score (from 2 references) is worth up to 20 points (as described in 3.9 Table below).

3.5.2.5 Evaluation Item 5 - Price – (Attachment E)

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

3.6 COST EVALUATION

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

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

3.7 NEXT STEP DETERMINATION

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

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

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

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

(2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 TIEBREAKERS

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

3.9 POINT AND SCORE CALCULATIONS

Scores are the values assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion.

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

TOTAL POINTS POSSIBLE 150

3.5.2.4 References (Attachment D) 20

3.5.2.1 And

3.5.2.2 Vessel Master and Project Team Qualifications (Attachment I)

3.5.2.3 Project Approach and Vessel Information (Attachment I) 45

3.4.3 Price Points Possible (Attachment E) 40

3.10 RANKING OF OFFERORS

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

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

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

4.1.2 Notice of Award

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

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

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

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

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

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

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

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

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

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

4.2.4 Responsibility Inquiry

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

4.2.5 Pay Equity Certification

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

4.2.6 Nondiscrimination in Employment

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

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

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

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

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

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

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

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

• Choice of law

• Choice of venue

• Constitutional requirements

• All applicable Federal and State requirements

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

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

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

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

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

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

5.2 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding…