RFP with sample contract and attachments.pdf

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Intermediate Procurement Request for Proposals (RFP) under OregonBuys #S-63500-00004983 for

Tillamook Bay Subtidal Bay Clam Resource Survey

Date of Issue: November 23, 2022

Opening Date and Time: December 13, 2022 @ 3:00 PM

Single Point of Contact (SPC): Alan Hansen

Address: 4034 Fairview Industrial Drive SE City, State, Zip Salem, OR, 97302 Phone (voice) 503-947-6134 Phone (fax) 503-947-6156 E-mail: (best way to reach me) alan.s.hansen@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.

mailto:alan.s.hansen@odfw.oregon.gov https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

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

SECTION 3 PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2MINIMUM SUBMISSION REQUIREMENTS

3.3PROCUREMENT PROCESS

3.4OFFERS CONTENT REQUIREMENTS

3.5EVALUATION PROCESS

3.6COST EVALUATION

3.7NEXT STEP DETERMINATION

3.8TIEBREAKERS……………………

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

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Contractor agrees to provide a boat and capable dive team for conducting subtidal surveys of bay clams in Tillamook Bay near Garibaldi, Oregon. The area of work will be located in the subtidal channels within the bay. Contractor agrees to provide two or more divers, a boat operator, and a dive tender/safety diver on each day of operations to assist Agency staff in conducting subtidal bay clam assessment work.

Subject to the provisions of Section 8, the maximum term of the contract resulting from this RFP (the “Contract”) shall begin on approximately January 01, 2023 through June 30, 2023. ODFW may seek authority to make one or more amendments (the “Anticipated Amendments”) to the Contract for the purpose of extending the term of the Contract and the maximum not-to-exceed compensation payable under the Contract or to modify the Services to be provided by the Contractor.

This solicitation process shall be carried out pursuant to applicable Oregon Revised Statutes (“ORS”) 279B.070 and Oregon Administrative Rule 125-247-0270. This RFP is open to all independent contractors who submit a written response (“Proposal”) which complies with the Mandatory Proposal Contents described in Section 10.2, hereinafter the “Proposer(s)”.

Agency anticipates the award of one Contract from this RFP.

1.2 SCHEDULE

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

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

Event Date Time

Questions / Requests for Clarification Due November 30, 2022 10:00 AM

Opening (offer Due) December 13, 2022 3:00 PM

Issuance of Notice of Award (approx.) December 20, 2022

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.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

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

2.2 DEFINITION OF TERMS

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

2.2.1 General Definitions

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Agency mission is to protect and enhance Oregon's fish, wildlife, and their habitats for use and enjoyment by present and future generations. The Contractor agrees to provide a boat and capable dive team for conducting subtidal surveys of bay clams and habitats in Tillamook Bay near Garibaldi, Oregon. The area of work will be located in the subtidal channels within the bay.

Contractor agrees to provide two or more divers, a boat operator, and a dive tender/safety diver on each day of operations to assist Agency staff in conducting subtidal bay clam assessment work.

2.3.2 SCOPE OF WORK/SPECIFICATIONS

The Contractor agrees to provide a boat and capable dive team to perform subtidal habitat and bay clam surveys at various sites in Tillamook Bay in coordination with Agency scientists and boats. The departure/return port for all operations is the Port of Garibaldi in Garibaldi, Oregon.

The time span of the project is approximately January 01, 2023 to June 30, 2023. Though currently not known, it is estimated that as many as 16 boat/dive days (day = approximately 10- 12 hours) are needed to complete the surveys.

The bay clam and habitat surveys will require a minimum of four staff from the contractor: at least two divers working efficiently underwater as a team to collect samples of the seafloor including bay clams and other shellfish; one boat operator running the contractor-supplied dive boat; and one additional dive tender/safety diver on an Agency boat responsible for communication with contracted divers and safety of dive operations. It is the responsibility of the contractor to ensure that staffing of the dive team and dive operations conform to the appropriate OSHA and OR-OSHA guidelines and rules for commercial diving. The roles of the Contractor staff and boat are described briefly below.

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

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

The bay clam surveys are expected to entail sampling at pre-described and marked locations each day. The ODFW-operated boat will have ODFW biologists, the Agency-supplied Venturi suction dredge system (including the diver operated portion of the dredge), and the dive tender/safety diver from the Contractor staff. The Contractor will have two or more divers and the boat operator on the Contractor-supplied dive boat. All diving operations will be based off of this vessel. At each sampling location, Contracted divers will operate an Agency-supplied suction dredge to sample a defined area of the seafloor at depths between 2 and 20 meters below Mean Lower Low Water (MLLW). ODFW biologists will lower the diver operated portion of the dredge system at each sample location and operate the rest of the dredge system from the ODFW-supplied boat. The diver operated portion of the dredge has two components: a suction head and a discharge end with a mesh bag that collects the shellfish samples. The diver operating the suction head will be responsible for collecting the sample in the defined sample area (0.5 square meters) to a depth of 0.75 meter into the sediment. This diver is also responsible for communication between the divers in the water and the dive tender/safety diver supplied by the Contractor that will be on the ODFW-operated boat. The second diver will manage the discharge end of the dredge system, ensure that the discharge is positioned down current, and that the mesh sample bag is attached securely and not lost during dredging. The second diver will also have 3 additional tasks: a) record underwater video of the habitat in the vicinity of the sampling site including at a minimum an area of 3m on each side around the sampling site using a GoPro camera system supplied by the Agency; b) record information on bottom habitat at the sampling location using agency-supplied data sheets, and c) collect a sediment sample at each site. After sampling is complete, the second diver will remove the sample bag(s) from the dredge system, ensure that the bag is securely closed, and place the sample bag in a second mesh bag with handle (i.e., goodie bag or equivalent). The habitat datasheet and sediment sample should also be placed in the second mesh bag or an additional mesh bag. The mesh bag(s) with the samples and datasheets will either be transported to the surface and handed to ODFW biologists or attached to a lift bag to the that will be retrieved by ODFW biologists at the surface. At the end of each sampling station, the divers will return to the Contractor-supplied dive boat and the ODFW-operated boat will retrieve the diver operated portion of the dredge system and move to the next sample station.

Special Considerations:

1. The Successful Offeror agrees to provide certifications of all required insurance, mechanical inspections, operator licenses, United States Coast Guard inspections, and boater safety cards/captains licenses as mandated by the class and registration of the vessel.

2. The Successful Offeror must have demonstrated ability to exercise sound judgement in conducting safe, efficient, and effective operations.

3. The Successful Offeror hereby assumes full responsibility for the operation, repair, and maintenance of the boat and other equipment furnished by him/her. The Agency shall not control the means or manner of the operation of the vessel except to specify sampling locations, but shall rely on the skills, knowledge, and guidance of the Successful Proposer.

4. The Successful Offeror agrees to cooperate with ODFW in collecting GPS location information at each sample site so that the Department may return to each site later to conduct habitat mapping and additional surveys.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

5. The operations hereunder shall be conducted in accordance with all extant and applicable state and federal fish and wildlife regulations, including the prompt release of all prohibited species.

No fish shall be retained for the purpose of consumption.

6. The Successful Offeror will provide a safety orientation and training to staff and volunteers at the beginning of each trip.

Work; Acceptance Criteria; Deliverables and Delivery Schedule:

1. Boat time is defined to start when the vessel is launched from the Port of Garibaldi marina and ends when the vessel returns to the boat launch area. Each trip shall be a day trip (no overnight trips), departing and returning to the boat launch each day.

2. The date(s) on which sampling shall take place shall be subject to joint determination by the Agency and the Contractor within the following limitations:

a) Work dates shall be set at least one (1) day in advance for scheduling purposes.

b) The Agency or Contractor may cancel or terminate any scheduled trip due to inclement weather, lack of available staff, equipment failure or other developments that make it impossible or unwise to conduct dive operations (e.g., U.S. Coast Guard reports, weather).

c). If a scheduled trip is terminated after the boat departs the dock, but prior to the commencement of dive operations, the Contractor shall be entitled up to $100 per single daily trip.

2. The Survey shall be terminated when, as determined by the Agency, either:

a) The scientific objectives of the research have been met, or the available funds have been exhausted, or it is deemed the scientific objectives cannot be met with the time and funds available, or research is legally constrained.

b) Due to equipment failure, inclement weather, or other cause the Agency decides the scientific objectives cannot be met within a reasonable time frame.

b) The Contractor supplied boat must be equipped with functional standard navigation equipment, communication and safety equipment including depth sounder, VHF radio, running lights, fire extinguishers, first aid kit, PFDs for operator and any crew, etc.

c) The Contractor agrees to provide an Operator that has knowledge of:

(1) Safe boat operation

(2) Safe diving operations

(3) Weather and its effects d)Contractor agrees to provide certifications of all required insurance, mechanical inspections, operator license, diver certifications, U.S. Coast Guard inspection and boater safety cards.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

The Contractor must have the knowledge of how to launch and retrieve divers with scientific sampling gear, and the ability to exercise sound judgment in conducting safe, efficient, and effective boat and dive operations.

The Contractor agrees to furnish an approved boat and Operator, two or more SCUBA divers, and a dive tender for the Agency boat. The contractor will conduct all SCUBA operations. ODFW biologists will dictate sampling locations and direct the planning of scientific sampling. All biological samples will be delivered to ODFW biologists by contracted divers immediately after sampling.

The Contractor agrees to provide all fuel and operating supplies, SCUBA equipment, dive bags, lift bags, and other equipment for Contractor-supplied boats. The Contractor hereby assumes full responsibility for the operation, repair, and maintenance of the boat and other equipment furnished by the Contractor.

The Contractor shall provide labor for all minor repairs or modifications to the Contractor-supplied boat. The Agency shall not control the means or manner of the operation of the Contractor-supplied boat except to specify sampling locations, but shall rely on the skills, knowledge and guidance of the Contractor.

The Contractor agrees to provide a safety orientation/training to staff.

No fish or shellfish encountered shall be retained for the purpose of consumption or resale.

Boat or Equipment Breakdown Should the boat or other essential Contractor-supplied equipment break down and cause delay or termination of the operation, the equipment shall be repaired or replaced within 48 hours to allow the continuation of the project. Failure to do so may result in a $500/day penalty until deficiencies are corrected.

Additional or Substitute Boat or Boat Operator If for any reason an additional or substitute boat or boat operator is required to complete the work required under this contract, it will be the responsibility of the Contractor to supply or subcontract the same, within 48 hours, and with ODFW approval, at the Contractor's expense.

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

Damages Contractor shall deliver within the time indicated in the sample contract (Attachment 5). Should the contractor fail to meet the delivery schedule, thereby requiring the State to purchase urgently needed services from another source, Contractor shall pay the difference between the accepted bid price and the new purchase price.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

SECTION 3 PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

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

2.3.2 Vessel to be provided by Proposer.

MINIMUM REQUIREMENTS for vessel:

See Section 2.4. & 2.5

2.3.3 Vessel Master and Commercial Passenger Fishing Vessel (CPFV) Master Qualifications - Minimum Mandatory Requirements:

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

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

- a minimum of three (3) years’ experience.

- 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);

- Current Master Operator’s License; and

- Current First Aid Certification.

3.2MINIMUM SUBMISSION REQUIREMENTS

2.3.4 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.

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.

2.3.5 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.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

3.3PROCUREMENT PROCESS

2.3.6 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.

2.3.7 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:

• 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

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.

2.3.7.1 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

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 https://oregonbuys.gov/bso

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

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

Delivery through Hard Copy Response (Mail, Parcel Carrier)

If Offeror elects to submit its Offer by hard copy, Offeror shall submit a copy of its offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature. If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478) Offeror also shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

MAIL:

Tillamook Bay Subtidal Clam Resource Survey

RFP #S-63500-00000000

OREGON DEPARTMENT OF FISH AND WILDLIFE

Alan Hansen / Contract Services 4034 Fairview Industrial Drive SE Salem, OR 97302

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-63500-0000000

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.

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.

mailto:ODFW.Bids@odfw.oregon.gov

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

2.3.6 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.

2.3.7 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.

2.3.8 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.

3.4OFFERS 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.

2.3.9 Offeror Certification & Information Sheet (Attachment C)

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

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

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

References must verify the quality of previous, related Work.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

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.

2.3.11 Cost Sheet (Attachment E)

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

Proposer shall submit a Price Proposal stating the proposed price per day for an estimated Dive Days of 16 Days, and a total proposed price. The proposed price per Day should include all costs required by the Proposer to perform the work. The Proposer shall furnish all required material, equipment, labor, and perform all work, outlined in the Request for Proposals, for the Oregon Department of Fish and Wildlife Project designated for Shellfish Studies.

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.

2.3.12 Responsibility Inquiry Form (Attachment G)

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

2.3.13 Scored Component Form (Attachment H)

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

2.3.14 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Proposal contains 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.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

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.

3.5EVALUATION PROCESS

2.3.15 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.

2.3.16 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.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

ORE 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.

2.3.16.1 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?

o Does the Proposal demonstrate comparable services required under this RFP from northeast Oregon?

2.3.16.2 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?

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

Proposers must explain their project approach and demonstrate that vessel meets all

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey 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.

2.3.16.4 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 3 references) is worth up to 10 points (as described in 3.9 Table below).

2.3.16.5 Evaluation Item 5 - Price – (Attachment E)

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

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

3.6COST 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

3.7NEXT 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.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

3.8TIEBREAKERS

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 100

Vessel Master and Project Team Qualifications 40

Project Approach and Vessel Information 30

Price Points Possible (Attachment E) 30

3.10RANKING 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

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.

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.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

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.

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.

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.

Responsibility Inquiry

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

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.

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

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

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:

• 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.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

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

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

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

5.2 GOVERNING LAWS AND REGULATIONS

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

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

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

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

5.5 COST OF SUBMITTING AN OFFER

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

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

OregonBuys RFP # S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

5.7 RECYCLABLE PRODUCTS

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

(ORS 279B.025)

5.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this solicitation are provided only as a courtesy to prospective Offeror. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Offeror is solely responsible for reviewing and understanding the solicitation and complying with all the requirements of this solicitation, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Offeror based upon, resulting from, or related to, Offeror’s failure to comprehend all requirements of this solicitation.

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

OregonBuys RFP #S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

State of Oregon

Oregon Department of Fish and Wildlife

Contract for Services for

Tillamook Bay Subtidal Clam Resource Survey This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Oregon Department of Fish and Wildlife, (“Agency)” and , (“Contractor”) a

Corporation and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Name and Title Company Name **Address **City, State ZIP Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx anyname@yahoo.com

Agency's Contract Administrator for this Contract is:

Tony D ’Andrea Marine Resources Program 2040 SE marine Science Drive Newport OR 97365 Phone: (541) 961-9596 Fax: (541) 867-7706 tony.f.dandres@odfw.oregon.gov

Either party may change its Contract Administrator by providing the other notice in compliance with Section 17.6 of this Contract.

1. Contract Term.

The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and, approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates on June 30, 2023. The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence:

2.1. this Contract less all exhibits.

2.2. Exhibit A (Statement of Work)

2.3. Exhibit B (Required Insurance)

2.4. Exhibit C (RESERVED)

2.5. Exhibit D (Independent Contractor Certification)

2.6. Exhibit E (RESERVED)

2.7. Exhibit F (Agency Specific if needed)

mailto:anyname@yahoo.com mailto:tony.f.dandres@odfw.oregon.gov

OregonBuys RFP #S-63500-00004983 Tillamook Bay Subtidal Clam Resource Survey

3. Services.

3.1. Performance of Services. Contractor shall perform the services (the “Services”) and deliver to agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Contract.

3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work.

Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has…