S-34000-00000240.pdf

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S-34000-00000240 for

REMOTE SENSING EMISSION STUDY

Date of Issue: 8/31/21

Closing: 10/22/21

Single Point of Contact (SPC): Tempest Roberts, Procurement and Contracts Specialist

Address: 700 NE Multnomah St., Suite 600

City, State, Zip Portland, OR 97232

Phone (voice) (503) 880-6999

E-mail: BIDSDEQ@deq.state.or.us

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:BIDSDEQ@deq.state.or.us

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITIONS

2.3 OVERVIEW

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 PROPOSAL CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 NEXT STEP DETERMINATION

3.7 PREFERENCES

3.8 POINT AND SCORE CALCULATIONS

3.9 RANKING OF PROPOSERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 GOVERNING LAWS AND REGULATIONS

5.2 OWNERSHIP/PERMISSION TO USE MATERIALS

5.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

5.4 COST OF SUBMITTING A PROPOSAL

5.5 STATEWIDE E-WASTE/RECOVERY POLICY

5.6 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PRICE PROPOSAL FORM (TO BE PROVIDED BY PROPOSER)

ATTACHMENT E CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G PROJECT PLAN (TO BE PROVIDED BY PROPOSER)

ATTACHMENT H COLORADO COVERS

ATTACHMENT I REFERENCES (TO BE PROVIDED BY PROPOSER)

RFP S-34000-00000240 – Remote Sensing Emission Study

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Environmental Quality (Agency or DEQ), is issuing this Request for Proposals for a Remote Sensing Emission Study.

Additional details on the scope of the services are included in Section 2.4 Scope of Work.

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be one (1) year, but may be amended for additional time, not to exceed a cumulative maximum of five (5) years.

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.

Event Date Time

Questions / Requests for Clarification Due September 22, 2021 5:00 PM

Closing (Proposals Due) October 22, 2021 5:00 PM

Issuance of Notice of Award (approx.) November 12, 2021 5:00 PM

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, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is using the Request for Proposals method, pursuant to ORS 279B.060 and OAR 125- 247-0270.

2.2 DEFINITIONS

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

2.2.1 Project Specific Definitions

“Assessment Area” – Assessment area means the geographic areas included within this project, including the Oregon metropolitan areas in and around Portland, Salem, Eugene and Medford.

“CO” – Carbon Monoxide.

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“Colorado COVERS” – A set of specifications, represented in Attachment H, previously and/or currently used by the State of Colorado, in remote sensing and data collection projects similar to that addressed by this RFP.

“Emission Constituents” – The air pollutants that will be assessed in this project including, but not necessarily limited to, CO, HC and NOx.

“GVWR” – Gross Vehicle Weight Rating.

“HC” – Hydrocarbon.

“I/M” – Inspection and Maintenance.

“MIL” – Malfunction Indicator Light.

“NOx” – Oxides of Nitrogen.

“OBD” – On-board Diagnostic.

“RSD” – Remote Sensing Device.

“Sampling Site” – The location at which monitoring equipment will be placed for purposes of sampling vehicle emissions.

“SIP” – State Implantation Plan.

“VIN” – Vehicle Identification Number.

“VIN Stem” – The 10 characters of a 17-character VIN which uniquely identifies a vehicle’s specific data such as its year, make, model, engine size, transmission type, fuel type, GVWR.

“VIP” – Vehicle Inspection Program.

2.3 OVERVIEW

2.3.1 Agency Overview

The mission of DEQ is to be a leader in restoring, maintaining and enhancing the quality of Oregon's air, water and land. DEQ has centralized and regional offices to accomplish this mission.

The Air Quality Division has responsibility to ensure that DEQ’s work pertaining to permitting, inspections, vehicle testing, and air pollution regulation is consistent and effective.

VIP is responsible for ensuring that over one (1) million vehicles in the Portland and Medford emission testing boundary areas have well maintained emission control systems and VIP plays a significant role in the Ozone SIP, air toxics reductions, and implementation of Oregon’s low emissions vehicle program, all of which are crucial for reducing greenhouse

Version 2.1 - April 18, 2016 (DEQ V.1 6 5 2018) Page 5 of 17 gasses. VIP is a signature program of DEQ, totaling about one sixth (1/6) of the entire agency’s staff. The program affects close to one half (1/2) of the total state population and within its testing boundaries and is responsible for about two thirds (2/3) of the vehicle registrations and VIN inspections for the Department of Motor vehicles.

2.3.2 Project Overview

VIP completed a study of the type requested in this RFP over 15 years ago. Oregon’s population and environment have changed since the time of the previous study, as have the makes, models, and ages of vehicles on Oregon’s roadways.

This new study will enable DEQ and VIP to evaluate the impact of its current I/M program.

The information collected during this study will be important for current and future program planning efforts. Contractor will conduct a study sampling for HC, CO and NOx, and potentially other similar constituents of concern, from the exhaust emissions of gasoline and diesel powered passenger vehicles. The equipment used for sample collection must meet Colorado COVERS specifications.

2.4 SCOPE OF WORK

Work will include the collection of exhaust emission samples from vehicles both inside and outside of DEQ’s I/M testing boundaries. Data collection will take place from about May, 2022 through July, 2022. The data will be analyzed and a Final Study Report will be delivered to VIP by September, 2022.

The sample collection approach will include the following elements:

2.4.1 Remote Sensing Equipment

The equipment used must be capable of measuring HC, CO, and NOx and potentially other similar constituents of concern, as well must be demonstrated to meet Colorado COVERS specifications. The equipment needs to identify vehicles by capturing vehicle license plate information.

2.4.2 Sample Collection and RSD Sampling Sites

A minimum of four (4) weeks of sample collection is required in the following locations:

2.4.2.1 Portland Metro Area: Two (2) Sampling Site locations within the I/M boundary and two

(2) Sampling Site locations within the counties immediately adjacent to the I/M boundary.

2.4.2.2 Medford Metro-Area: Two (2) Sampling Site locations within the I/M boundary and two

(2) Sampling Site locations within the counties immediately adjacent to the I/M boundary.

2.4.2.3 Salem and/or Eugene Metro Area: Two (2) Sampling Site locations within the City of Salem and/or the City of Eugene. Both areas are currently outside the emission testing boundary.

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Potential Sampling Sites will be identified by Contractor and final selections approved by

VIP.

Contractor will obtain an appropriate and statistically significant number of exhaust emission samples of HC, CO, and NOx and potentially other similar constituents of concern obtained from all passenger vehicles with a GVWR 14,000 lbs. or less powered by either gasoline or diesel fuel.

Contractor will obtain any permits needed for the RSD Sampling Sites and cost will be factored into the total pricing of the Contract.

2.4.3 Design of Study

The study, including sample collection, analysis, and final reports will consist of a list of tables, figures, charts, graphs, and any other illustrations with the ability to enhance the readability of review for its readers.

2.4.4 OBD Data Analysis

VIP anticipates that it will be conducting an OBD test data collection project in tandem with this Remote Sensing Emission Study. VIP operates a mobile OBD test van that will be deployed to similar site locations as in the RSD study to provide a correlation of data for use in the Final Study Report. VIP will provide an analysis of the OBD test data along with the raw test data to Contractor to review for quality assurance. VIP is focused on OBD parameters such as MIL rate, MIL duration, readiness rate, and other parameters which will be normalized using VIN stems to categorize the data according to ‘like-kind’ vehicles. The analysis will compare data for vehicles both inside and outside of DEQ’s vehicle emissions testing boundary.

2.4.5 Final Study Report

2.4.5.1 Executive Summary

The Executive Summary will describe the overall conclusions of the data analysis without many details of the specific data. This section should provide an overview of the core elements of the study to guide executive discussion and decision making.

2.4.5.2 RSD Data Analysis

This section of the report will provide a variety of data analyses to provide meaningful insights into the findings of the data. A description of any variables that impact emission readings should be explored such as temperature, humidity, precipitation, engine load, speed, acceleration, vehicle specific power (VSP), and vehicle age. A comparison of emission rates of vehicles in and out of the I/M boundary is especially important. A matching and comparison of RSD results with recent I/M results in order to observe the effects of I/M testing. A focus on the I/M failing vehicles and their RSD emissions is desirable especially if pre/post repair I/M or RSD data is available. The analysis should include a comparison of the EPA MOVES model for emission reduction credits with the observed RSD I/M emission reductions. The emission impact of commuters, using registration data as the basis for a commuter designation, should be made. A thorough comparison and correlation should be performed with respect to the RSD data and the

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I/M test data. The study should include an emission rate comparison grouped by model years with significant emission control technology advancements such as pre/post OBD;

(1995 and older versus 1996 and newer). Other groupings such as 1996 to 1998, 1999 to 2004, 2005 to 2008, 2009 and newer.

2.4.5.3 Conclusions

This section of the report should be similar to the executive summary but include more technical details as appropriate. A list of tables, figures, charts, graphs, and any other illustrations are desirable. The Conclusions should directly address each of the study elements included in Section 2.4.3. This section of the report should also directly address each of the study elements and will include at least:

An analysis of all sample data, including that obtained directly by Contractor and the OBD Test data provided by VIP, as described below, to determine overall fail rates based on VIP’s current basic emission testing standards.

a. The study areas to focus on the sampling areas discussed above.

b. An assessment of Emission Constituent levels by vehicle make, model, fuel type and age.

An assessment of the average time between maintenance activities in each studied area (study data to be supplemented with data from an OBD assessment that VIP will be conducting congruently).

A comparison of findings to VIP’s current four (4) year new vehicle emission testing exemption, assessing whether the four (4) year emission testing exemption remains appropriate.

An assessment of the impacts of vehicles licensed in the State of Washington.

Assess the percentage of gross polluters by area as defined by Oregon’s gross emission standard. VIP will provide to contractor for inclusion in its report, data from its vehicle emission testing program with respect to the percentage of gross-emitting vehicles. Contractor will categorize the data by model year so this can be used as a surrogate for normalization when comparing areas of the study.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER REQUIREMENTS

3.1.1 Business

Proposer must meet all of the following business requirements:

Proposer must be able to legally do business within the State of Oregon.

Proposer must provide evidence to show that their Business and members of the team possess the specific qualifications, competence, resources, integrity, and experience necessary to carry out the work.

3.1.2 Technical

Proposer must demonstrate how the proposed solution meets all of the following technical requirements:

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Proposer must have at least one (1) sampling project prior experience of a Remote Sensing project.

Proposer must have all instruments and equipment necessary to perform the work as detailed in Section 2.4, Scope of Work, Sample Collection and RSD Sampling Sites.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format

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

The electronic copy must be prepared to allow printing on standard 8 ½ by 11 inch paper and be a PDF or Microsoft Word document. Excluding Attachments B, C, E, & F, the Price Proposal (Attachment D) and Project Plan (Attachment G) may not exceed 6 pages in length.

The emailed Proposal must be under 10 MB in size as DEQ’s email system will block emails with large attachments or that have a file suffix of .zip. Alternatively, Proposers may “zip” multiple documents into a single, smaller “zip” file. Proposers using the “zip” feature must change the file suffix from .zip to .txt and indicate in the body of Proposers email that the file is a .zip file.

All exhibits and attachments including, but not limited to lists, fee schedules and resumes must also meet these requirements. Do not include standard brochures in the Proposal.

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 Affidavit of Trade Secret (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.2 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFP, including all Addenda and attachments, is published in the OregonBuys eProcurement System at https://oregonbuys.gov/bso/view/login/login.xhtml. In limited circumstances and upon request RFP documents could be mailed to prospective Proposers.

Agency shall advertise all Addenda in OregonBuys . Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

https://oregonbuys.gov/bso/view/login/login.xhtml

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3.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the RFP process, requesting negotiation of provisions contained in the sample contract, administration, deadline or method of award, or to the intent or technical aspects of the RFP must be emailed by an authorized representative to the SPC at BIDSDEQ@deq.state.or.us by the deadline identified in Section 1.2 Schedule.

Proposer must include the information below when submitting its inquiry.

Reference the RFP 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

Excluding those terms reserved for negotiation in 4.3.1 (if any), any submitted Proposal that takes exception to the terms and conditions of the sample contract or requires negotiation of additional terms and conditions shall be deemed non-responsive and the Proposal shall be rejected.

3.3.3 Pre-Proposal Conference

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

3.3.4 Proposal Submission

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. Agency is not responsible for any delays.

Proposal submitted by any means not authorized in this RFP may be rejected.

Proposals must be submitted by email to BIDSDEQ@deq.state.or.us.

3.3.5 Modification or Withdrawal of Proposals

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

If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with OAR 125-247-0440. The notice must include the RFP number and be emailed to the SPC at BIDSDEQ@deq.state.or.us.

3.3.6 Proposal Due

Proposal and all required submittal items must be received by the SPC before Closing. A Proposal received after the Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposer or destroyed.

mailto:BIDSDEQ@deq.state.or.us

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3.3.7 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 in ink.

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 those the SPC authorizes, or inappropriate contact with the SPC.

Proposer attempts to inappropriately 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 Addenda.

3.3.8 Opening of Proposal

There will be no public Opening of Proposals. Proposals 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 Proposers after Opening.

3.4 PROPOSAL CONTENT 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, without responding to each section and subsection, will be considered non-Responsive to this RFP and will not be considered further.

3.4.1 Proposal Information and Certification Sheet (Mandatory)

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

3.4.2 Project Plan (Mandatory)

On a separate sheet labeled Attachment G – Project Plan, Proposer shall describe how the Proposal will accomplish the activities described in the Scope of Work (Section 2.4). The Project Plan must include:

3.4.2.1 Overall Summary

This part of the Project Plan will describe the Proposer’s overall approach to the project, and will describe the equipment that will be used for data collection and how it meets requirements set forth in the Scope of Work (Section 2.4). The Overall Summary will also include:

The quality assurance and quality control measures used to ensure test accuracy;

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regular equipment dry-gas audits performed and their period of frequency;

equipment calibrations and their period of frequency;

proposed site selection and the criteria for selection; and data screening to ensure the data used in the analysis is reasonable and consistent.

3.4.2.2 Project team. Provide:

a list of the specific individuals, including subcontractors, who would be assigned to key positions for this project;

Include, by individual, a description of their duties and responsibilities; and

Attach a resume for each person identified as a key team member. The skills and experience of staff assigned to the project must be as needed to perform the work described in the Proposal. DEQ will determine comparability. If a contract results from the Proposal, substitutions or replacement of staff identified as key team members must be approved in advance by DEQ.

3.4.2.3 Project timeline. Identify no fewer than three (3) milestones, with associated project deliverables for each of those milestones, and dates of completion which may be used to gauge progress for the purpose of determining project success and will be used as the basis for interim payments.

3.4.3 Price Proposal (Mandatory)

On a separate sheet labeled Attachment D – Price Proposal, Proposer shall:

Identify hourly rates to be applied by classification for the proposed project team. These rates will be used in estimating any changes negotiated during contract execution and changes resulting from contract amendments.

Provide estimate of staff hours by each person involved in the project plan and total costs associated with the accomplishment of each milestone or project deliverable listed in the Proposer’s Project Plan (Section 3.4.2), based on the hourly rates listed in Section

3.4.4.1. Include a total price.

The Price Proposal must include separate line items for travel or travel related costs, supplies or other incidental costs.

3.4.4 References (Mandatory). On a separate sheet labeled Attachment I – References, Proposer will provide a detailed description of at least one (1), but no more than 2, projects that are similar in Scope to this project with clients from a similarly sized (750+) organization in a government setting. The detailed descriptions, shall at a minimum, include the following:

• Demonstration that Proposer has the experience, training, and knowledge to provide the

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Services requested in this RFP;

• A detailed overview of the project;

• Goals and objectives of the project;

• Techniques or approaches that illustrate the work, what barriers were encountered, what solutions were provided, and what the results were;

• A description of the results and value provided to the customer by Proposer and their Key Persons;

• Any Key Persons on the previous project and what their roles were;

• Proposer must include the reference’s name, title, role on the project, email address and telephone number; and

• Any other important and relevant information regarding the project.

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

3.4.5 Certified Disadvantaged Business Outreach Plan (Mandatory)

Proposer will Proposer shall complete and submit the Certified Disadvantaged Business Outreach Plan (Attachment E).

3.4.6 Responsibility Inquiry (Mandatory)

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

3.4.7 Public Record/Confidential or Proprietary Information (Optional)

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Affidavit of Trade Secret (Attachment B) and a fully redacted version of its Proposal.

Proposer 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 Proposer to consult with its own legal counsel regarding disclosure issues.

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

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3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. 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.

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

3.5.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section (Section 3.4) will be evaluated by an Evaluation Committee. Evaluators will assign scores based on the evaluation criteria listed below in this section.

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

3.5.2.1 Project Plan (0 – 45 Points)

The extent to which the Project Plan provided reflects an understanding of the critical activities required to complete each milestone identified and the schedule by which the work in the Project Plan can be completed.

Project Plan clearly and concisely describes all appropriate elements of the project.

Project timeline is clearly defined and meets the needs of the Agency.

3.5.2.2 Experience (0 – 100 Points)

The extent to which the company description (including subcontractors, if listed) and staff resumes reflect appropriate experience listed in Section 2.4 Scope of Work.

The extent to which the references establishes the company’s ability to effectively and timely perform the services requested.

Also, the extent to which a representative remotes sensing report provided by the company includes a sampling approach and analysis relevant to the work to be performed here.

3.5.2.3 Price Evaluation (0 – 80 Points)

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

Version 2.1 - April 18, 2016 (DEQ V.1 6 5 2018) Page 14 of 17 lowest Proposer’s price using the formula below. The Proposer submitting the lowest Price Proposal will receive the maximum available points.

lowest price of all Proposers X price points possible =

Price Score price being scored

3.6 NEXT STEP DETERMINATION

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

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

Establishing a Competitive Range

Presentations/Demonstrations/Additional Submittal Items

Interviews

Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers 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 Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.7 PREFERENCES

3.7.1 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least 1 Proposer does not, Agency will select the Proposer offering 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.

3.7.2 Tiebreakers

Oregon Supplies: 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 125-246-0300.

3.8 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

The maximum possible points for each evaluation item are listed in 3.5.2.

Agency will average all scores for each evaluation criterion. Price points are calculated as stated in the Price Evaluation section.

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3.9 RANKING OF PROPOSERS

The SPC will total the final average score for each Proposal (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), and the Price Score. After each applicable preference has been applied, if any, SPC will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3.

Agency may award less than the full Scope defined in this RFP.

4.1.2 Notice of Award

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

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

The apparent successful Proposer 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 Proposer has changed since the last submitted W-9 form, if any.

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

4.2.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Proposer shall http://www.irs.gov/pub/irs-pdf/fw9.pdf

Version 2.1 - April 18, 2016 (DEQ V.1 6 5 2018) Page 16 of 17 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.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

After selection of a successful Proposer, Agency may negotiate the Statement of Work.

Agency will not negotiate terms and conditions in conflict with Oregon Law.

In the event that the parties have not reached mutually agreeable terms within 45 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 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 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 from the jurisdiction of any court.

5.2 OWNERSHIP/PERMISSION TO USE MATERIALS

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

5.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

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

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5.4 COST OF SUBMITTING A PROPOSAL

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

5.5 STATEWIDE E-WASTE/RECOVERY POLICY

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Policy.

5.6 RECYCLABLE PRODUCTS

Proposer 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)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PRICE PROPOSAL FORM (TO BE PROVIDED BY PROPOSER)

ATTACHMENT E CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G PROJECT PLAN (TO BE PROVIDED BY PROPOSER)

ATTACHMENT H COLORADO COVERS

ATTACHMENT I REFERENCES (TO BE PROVIDED BY PROPOSER)