S-25700-00003668 Repair- frml RFP - Corrected.doc

OregonBuys Bid # S-25700-00003668

State of Oregon

Cover Page Oregon State Police Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-25700-00003668 for Overhaul of Law enforcment patrol Ocean vessel Date of Issue: July 13, 2022 Opening Date and Time: September 9, 2022 @ 12pm (noon) Single Point of Contact (SPC):

Enrique Rodriguez Address:

3565 Trelstad Ave. SE City, State, Zip Salem, OR, 97317 Phone (voice) 503-378-2889 E-mail:

egrodrig@osp.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

4SECTION 1:

GENERAL INFORMATION

41.1

INTRODUCTION

41.2

SCHEDULE

51.3

SINGLE POINT OF CONTACT (SPC)

5SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

52.1

AUTHORITY AND METHOD

52.2

DEFINITION OF TERMS

52.3

OVERVIEW AND PURPOSE

62.4

SCOPE OF WORK/SPECIFICATIONS

10SECTION 3:

PROCUREMENT REQUIREMENTS

103.1

MINIMUM QUALIFICATIONS

103.2

MINIMUM SUBMISSION REQUIREMENTS

123.3

PROPOSAL REQUIREMENTS

14SECTION 4:

SOLICITATION PROCESS

144.1

PUBLIC NOTICE

144.2

PRE-PROPOSAL CONFERENCE

154.3

QUESTIONS / REQUESTS FOR CLARIFICATIONS

154.4

SOLICITATION PROTESTS

164.5

PROPOSAL DELIVERY OPTIONS

164.6

PROPOSAL MODIFICATION OR WITHDRAWAL

174.7

PROPOSAL DUE

174.8

PUBLIC OPENING

174.9

PROPOSAL REJECTION

174.10

EVALUATION PROCESS

204.11

POINT AND SCORE CALCULATIONS

204.12

RANKING OF PROPOSERS

214.13

RESERVED

214.14

21SECTION 5:

AWARD AND NEGOTIATION

215.1

AWARD NOTIFICATION PROCESS

225.2

INTENT TO AWARD PROTEST

225.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

235.4

CONTRACT NEGOTIATION

24SECTION 6:

ADDITIONAL INFORMATION

246.1

CERTIFIED FIRM PARTICIPATION

256.2

GOVERNING LAWS AND REGULATIONS

256.3

OWNERSHIP/PERMISSION TO USE MATERIALS

256.4

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

256.5

COST OF SUBMITTING A PROPOSAL

256.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

256.7

RECYCLABLE PRODUCTS

266.8

266.9

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H GUARDIAN SURVEY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Oregon State Police, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for overhaul of the aging Agency Ocean Water Patrol Vessel. This vessel is used primarily to perform fisheries enforcement work.

IMPORTANT NOTICE:

This solicitation is one of two being posted at the same time. These two concurrently running solicitations are being done for the benefit of the Agency. Between the two solicitations, the Agency will decide the most beneficial and cost-effective available.

Both solicitations pertain to the Agency’s need to have an Ocean Water Patrol Vessel available to perform fisheries enforcement work. Proposers are invited to bid on one or both opportunities. They are listed as follows:

· OregonBuys Bid # S-25700-00003668 - Repair and upgrade of current vessel.

· OregonBuys Bid # S-25700-00003670 - Purchase of new vessel and use current vessel for trade-in value.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

Agency anticipates the award of one Contract from this solicitation. This is intended to be a one-time purchase.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP under the authority of the Department of Administrative Services (DAS) delegation REQ_DASOBO-00025447 (as amended), Ocean Water Patrol Vessel Replace or Repair.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

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

2.3 OVERVIEW AND PURPOSE

Overview, Background, and Purpose The Agency is a multi-disciplined organization charged with protecting the people, wildlife, and natural resources in Oregon. We enforce the traffic laws on the state’s roadways, investigate and solve crimes, conduct post-mortem examinations and forensic analysis, and provide background checks and law enforcement data. We regulate gaming, the handling of hazardous materials, and fire codes, and educate the public on fire safety and enforce fish, wildlife, and natural resource laws.

The mission of the Agency is to serve all people with a priority of safeguarding life, property, and natural resources by building upon a diverse, professional, and trustworthy workforce.

One service of the Agency is the enforcement of commercial fisheries (including gear inspections) and recreational fisheries in the Pacific Ocean and Columbia River. As part of delivering this service, the Agency currently owns and uses the Ocean Water Patrol Vessel named the Guardian. This vessel is a 1977 Delta fiberglass 35 gross ton boat, 48.1 feet in length, 15.7 breadth and 6.7 depth (See Attachment H). Its current location is at a boat yard in Newport, Oregon. The Guardian needs extensive repair and upgrade. It is used primarily to perform fisheries enforcement work. This solicitation hopes to address the current state of the Guardian.

The purpose of this solicitation is for the overhaul of the Guardian.

2.4 SCOPE OF WORK/SPECIFICATIONS

This Scope of Work is a description of the technical requirements for the design and the installation of modifications. In addition, other requirements such as warranty, documentation, and other information is included.

All components, construction and installation shall comply with the US Coast Guard, American Boat, and Yacht Council (ABYC) and specific Original Equipment Manufacturer (OEM) recommendations where applicable. Equipment and components shall be designed and tested in accordance with manufacturer’s recommended design practices and testing requirements. Equipment and components shall not be used or installed in any way that would void the manufacturer’s warranties.

· WARRANTY: The modifications to the Guardian shall be warranted for a minimum of 1 year from the date of delivery aside from individual manufacturer warranties on installed components.

· DOCUMENTATION: OEM operation and maintenance manuals shall be supplied with the craft for all installed components. Any drawings to include electrical or plumbing configuration done by the Contractor or designee or shall supplied.

· TRADE IN VALUES: Possible trade in value for engines, generator or other replaced vessel components shall be considered.

· PICK UP AND DELIVERY: Guardian can be transported to and from location of project moorage by Agency via water route within Oregon, Washington and California at the expense of Agency. Anything outside of this or other shipping, shall be included in the project cost. Cost of haul out, dry dock or moorage for the duration of the project shall be included in the project cost.

· INSPECTION: Within 5 days after the Guardian has been delivered to the Contractor’s facility, the Contractor shall perform a bow to stern “condition found survey” of the entire vessel to identify any repair work that needs to be performed. The Contractor shall prepare a report documenting the findings and submit it to the Contracting Officer within 5 days of the inspection.

· GENERAL SPECIFICATION REQUIREMENTS: The following describes specifications for the repower and system upgrade for Oregon State Police Patrol Vessel (PV) Guardian. They are technical requirements for the design and the installation of modifications required for the PV Guardian to be completed by the designated “Contractor”. All components, construction and instillation shall comply with the US Coast Guard, American Boat and Yacht Council (ABYC) and specific Original Equipment Manufacturer (OEM) recommendations where applicable. Equipment and components shall be designed and tested in accordance with manufacturer’s recommended design practices and testing requirements. Equipment and components shall not be used or installed in any way that would void the manufacturer’s warranties.

· EXTERIOR, HULL, AND DECK MAINTENANCE: General requirements for the work to be completed on the hull and deck structure.

· Inspect and as needed remove the existing anti-fouling paint, down to bare fiberglass, and provide new anti-fouling paint.

· Inspect/replace window rubbers.

· ENGINES:

· Replacement of 2 commercially rated propulsion engines that shall be a marine diesel like or similar to the Cummins QSC8.3 530hp marine engine.

· Engines shall be able to be serviced by a certified marine dealer/mechanic capable of service on the specified engines and located no more than a 25-mile radius from Newport, Oregon.

· The two engines shall be identical except for placement of controls and external components.

· The engines shall be arranged such that maintenance access is provided to perform all routine service required annually or more frequently without removing the engines or removing or disassembling any other equipment, machinery, or structure. The oil dipsticks shall be located on the inboard side of the engines.

· When possible, spin-on filters shall be clear of interferences to allow its replacement without oil spills.

· An oil pump out system shall be installed for each engine.

· The strength and rigidity of the foundations shall be such as to withstand the loads due to the machinery and the dynamic loads due to the boat motions and reduce vibrations.

· The engine mounts selected shall be approved by the engine manufacturer to effectively isolate the hull from engine vibrations and reduce noise signature.

· TRANSMISSION:

· Replace/rebuild transmission with like or similar to ZF 286 A 7degree direct mount marine transmission appropriate ratios for engines.

· After final alignment, each reverse/reduction gear shall be installed and secured into position as recommended by the OEM.

· STEERING/PROPULSION:

· The Contractor shall design the propulsion system and associated components and support systems in accordance with these specifications.

· The current propellers, shafts, bearings, associated seals, and couplings shall be inspected or replaced to ensure adequate for engine or other relevant upgrades.

· Current dripless shaft seal system shall be retained or replaced based on any shaft modifications.

· The propulsion system shall be installed in accordance with the manufacturer’s recommendations for minimizing vibrations.

· Install two new counter rotating propellers. Propellers shall be designed in according with ratings of OEM engines and reverse/reductions gears.

· Propeller shafts shall be provided with new Spurs marine line cutters.

· Propulsion controls shall be provided at all operating stations

· Propulsion and steering control shall be possible only from one set of controls at any time.

· Each engine control shall be of the single-lever dual action type and shall control the speed and direction of thrust of each engine from neutral through the maximum speed range both ahead and astern.

· The propulsion controls shall provide the ability to increase no-load (declutched) engine speed to facilitate engine warm-up.

· The propulsion control system shall be equipped with a low-idle function to temporarily reduce engine speed to allow for a reduced boat speed of 5 knots or less at low idle for close quarters maneuvering and docking. Incorporation of a trolling feature in the reduction gear and/or clutch is not an acceptable solution to meet this engine speed requirement.

· Replace current copper steering pipe with upgraded flex hydraulic hose.

· Inspect and/or upgrade helm pump and ram as need for engine upgrades Install like or similar Garmin Reactor 40 mechanical solenoid core pack (autopilot)

· Install dripless rudder seals.

· FUEL:

· Double Raycor filters shall be installed for both engines

· Inspect the existing fuel tank shutoff valve for the port and starboard engines and replace as needed to ensure functionality.

· Inspect/clean/upgrade both port and starboard fuel tanks to support engine upgrade fuel usage needs.

· EXHAUST: Inspect and/or upgrade current systems to support engine upgrades.

· ELECTRICAL SYSTEM/ELECTRONICS: Electronic additions and upgrades should be like or similar to the specified systems. All panels and wheelhouse drive stations shall be redesigned and reconstructed to mount/house all new systems to ensure easy access and maintain good visibility for navigation.

· Rewire all AC+DC panels

· 2 Garmin 8618xsv (wheelhouse)

· 1 Garmin 8610xsv (aft drive station)

· 1 Garmin 1242xsv (wheelhouse cameras)

· 1 Garmin VHF 215 AIS marine radio

· 1 Garmin GMR Fantom 124 radar (main- open array)

· Radar installation to ensure no interference with vessel mast lighting (sodium) or install radar shield if appropriate.

· 1 Fusion Apollo marine stereo including replacements for all current speakers throughout vessel

· 1 FLIR M364 C thermal camera with JCU (front top wheelhouse)

· 1 Garmin msc 10 marine satellite compass

· 2 Garmin GC200 marine cameras (fore and aft)

· 2 Garmin GMS 10 network ports

· 1 Airmar B265LH transducer

· 1 Actisense NMEA 2000 kit

· Ensure bonding system is adequately installed

· PLUMBING:

· Replace current head with self-macerating fresh water head.

· Inspect/service/upgrade holding tank.

· Inspect/rewire/upgrade shower pump.

· Inspect/rewire/upgrade all bilge pumps to ensure continuous functionality.

· AUXILLARY SYSTEMS:

· Replace current generator (and soundbox) to produce sufficient AC power for all onboard systems and upgrades.

· If new engine can support PTO driven pump, replace current belt driven system with PTO. If not capable, inspect/service/upgrade current (belt driven) hydraulic pump.

· Inspect/service/paint current hydraulic crane.

· MISCELLANEOUS:

· Install Marine Gyroscopic Stabilizer sufficient for vessel size and tonnage.

· Install new forced air diesel heater and inspect/install new ductwork as needed.

· Install soundproofing for engine and middle hold (genset).

· Install new lighting for engine room and middle hold to adequately illuminate all spaces.

· All through hull valves inspected/serviced/replaced as needed.

· Inspect/service current anchor and windlass system. Replace current anchor mounting system to ensure secure stowage and quick deployment.

· Update/replace fire extinguishing systems as needed.

· ADDITIONAL UPGRADES BASED ON FUNDING AVAILABILITY:

· Inspect/repair/paint as needed all above waterline surfaces, wheelhouse and outer structures consistent with current color

· Inspect/repair/repaint all non-skid deck surfaces.

· Repaint bulwarks to match hull color (Navy Gray)

· Paint mast to match hull and wheelhouse (Navy Gray).

· Install CO2 monitors

· Inspect/Replace all interior lighting in wheelhouse, galley and berthing with LED

· Replace galley microwave

· Replace stovetop/controls on galley stovetop

· Replace indoor/outdoor carpeting in wheelhouse, galley and berthing areas with waterproof flooring or new carpeting.

· Inspect/Repair fan in berthing and galley

· Upgrade exterior side lighting on mast with LED

· Upgrade FLIR M364C thermal camera to a M400 for increased performance

· 1 Garmin GMR Fantom 18 radar (backup) – Requested wiring for future install if backup system isn’t available under this contract

· 2 Flir AX8 thermal camera (engine room – each engine)

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.1.1 RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

Proposal Submissions

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

· Executive Summary

· Administrative Proposal

· Technical Proposal

· Disclosure Exemption Affidavit (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check Form (Attachment D)

· Price Proposal Form (Attachment E)

· COBID Certification / Outreach Plan (Attachment F)

· Responsibility Inquiry (Attachment G)

· Key Persons and Resumes

· Work Samples

Proposal Page Limits

Proposal is limited to 20 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

· Disclosure Exemption Affidavit (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check forms

· Price Proposal

· COBID Certification / Outreach Plan (Attachment F)

· Responsibility Inquiry (Attachment G)

· Work samples

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

OregonBuys Electronic Response.

Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in Open Market Bid S-25700-00003668 for electronic submission.

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

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

Proposer may submit its Proposal by hard copy or other electronic media.

Hard Copy Response

If Proposer elects to submit its Proposal by hard copy, Proposer shall submit its Proposal and all other submittal requirements using only white 8 ½” x 11” Recycled Paper, minimum 12 point font. Proposer shall submit a copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, and two (2) additional copies. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478) Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, on USB drive, DVD, or CD in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Other Electronic Media Response

If Proposer elects to submit its Proposal by other electronic media, Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, on USB drive, DVD, or CD in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

The total combined size of the Proposal and Coversheet should be compressed so it does not exceed 10 megabytes.

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

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

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

Proposer Information and Certification Sheet

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

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

References

Provide three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must be able to verify the quality of previous, related Work.

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

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal.

Price Proposal

Submit a detailed Price Proposal Form (Attachment E) in the same manner as the rest of the offer:

· Option 1: electronically through Oregon Buys,

· Option 2: in a separate sealed envelope, or

· Option 3: electronic file on the USB drive, DVD or CD.

Key Persons and their Resumes

Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

Project Implementation Plan

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

Project Implementation Plan should contain at a minimum the following:

· A description of the Proposer’s location of construction and a description of Proposer’s infrastructure capabilities to produce the required product (Capability and Capacity of the Proposer)

· An outline of the different stages of construction and how Proposer would work to integrate quality control inspections with the Agency during the Work (Quality Control and presence of a Project Plan).

· Include definitions, as needed, for the methodology of terms to describe the construction.

3.3.1 Responsibility Inquiry

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

Failure to complete and submit may result in a finding of non-Responsibility.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is mandatory.

The purpose of the Pre-Proposal conference is to:

Provide additional description of the project;

Explain the RFP process; and

Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference on the date and time referenced in Section 1.2 Schedule by:

Being present (In Person Attendance) for this mandatory requirement at the Oregon State Police Office on 52 NE 73rd St, Newport, OR 97365. Bids received from suppliers who do not attend this meeting will be rejected.

Pre-registration is highly encouraged but not required.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

· Be delivered to the SPC via an OregonBuys submission or email;

· Reference the OregonBuys bid number;

· Identify Proposer’s name and contact information;

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

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

4.4 SOLICITATION PROTESTS

Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

Protests to Amendment(s) Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

Requirements for Protests All protests must:

· Be delivered to the SPC via email or hard copy;

· Reference the OregonBuys bid number;

· Identify prospective Proposer’s name and contact information;

· Be sent by an authorized representative;

· State the reason for the protest, including:

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

· evidence or documentation that supports the grounds on which the protest is based; and

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

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

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

4.5 PROPOSAL DELIVERY OPTIONS

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

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

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf Alternative Delivery Option: Delivery through Mail or Parcel Carrier

A Proposal may be submitted through the mail or via parcel carrier, and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s name and the OregonBuys bid number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

Alternative Delivery Option: Delivery in Person

A Proposal may be hand delivered, and must be clearly labeled and submitted in a sealed envelope, package or box. A Proposal will be accepted, prior to Opening, during Agency’s normal Monday – Friday business hours of 8:00 a.m. to 5:00 p.m. Pacific Time, except during State of Oregon holidays and other times when Agency is closed. The outside of the sealed submission must clearly identify the Proposer’s name and the bid number assigned to the RFP by OregonBuys. It must be delivered to the attention of the SPC at the address listed on the Cover Page.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

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

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

4.7 PROPOSAL DUE

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

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION

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

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

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

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

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

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

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

4.10 EVALUATION PROCESS

Responsiveness and Responsibility Determination

Responsiveness determination

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

Responsibility Determination

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

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

Evaluation Criteria

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

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

Evaluation Item 1

· How well does the Proposal demonstrate an understanding of the Scope of Work?

Evaluation Item 2

· How well does the Proposal meet or exceed the Scope of Work requirements in this RFP?

Evaluation Item 3

· How well does the Project Implementation Plan describe how the Proposer would carry out the work and address’ the minimum requirements listed in Section 3.3.5 of this RFP?

PRICE EVALUATION

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

price being scored

PREFERENCES

Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

Reciprocal Preference

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

Recycled Materials

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

Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

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

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

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

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

NEXT STEP DETERMINATION

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

· Interviews

· Presentations/Demonstrations/Additional Submittal Items

· Discussions and submittal of revised Proposals

· Serial or simultaneous negotiations

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

Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:

· Be emailed to the SPC;

· Reference the OregonBuys bid number ;

· Identify Proposer’s name and contact information;

· Be sent by an authorized representative

· State the reason for the protest; and

· Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

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

4.13 RESERVED

4.14 RESERVED

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

· All higher ranked Proposals are non-Responsive.

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

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

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

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

5.2.1.1 Protest Requirements

Protests must:

· Be delivered to the SPC via email, or hard copy;

· Reference the OregonBuys bid number ;

· Identify Proposer’s name and contact information;

· Be signed by an authorized representative of Proposer;

· Specify the grounds for the protest; and

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

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

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

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

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

5.3.4 Pay Equity Certification

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

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

5.3.5 Nondiscrimination in Employment

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

5.3.6 Other Required Information

Reserved

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

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

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

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

· Choice of law

· Choice of venue

· Constitutional requirements

· Requirements of applicable federal and State law

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

5.4.2 RESERVED

SECTION 6: ADDITIONAL INFORMATION

6.1 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 Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

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

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

All Proposals submitted in response to this RFP become the Property of Agency.