S-66000-00015743_Estuary_ Planning_ Services_RFP_final.pdf

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STATE OF OREGON

COVER PAGE

Department of Land Conservation and Development

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-66000-00015743 for

ESTUARY PLANNING SERVICES

Date of Issue: January 16, 2026

Opening Date and Time: January 29, 2026, at 2:00 PM

Single Point of Contact (SPC): Erin Smith, Procurement and Contract Specialist

E-mail: erin.smith@dlcd.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:erin.smith@dlcd.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3 PROPOSAL DELIVERY OPTIONS

4.4 PROPOSAL MODIFICATION OR WITHDRAWAL

4.5 PROPOSAL DUE

4.6 PUBLIC OPENING

4.7 PROPOSAL REJECTION

4.8 EVALUATION PROCESS

4.9 POINT AND SCORE CALCULATIONS

4.10 RANKING OF PROPOSERS

4.11 NEXT STEP DETERMINATION

4.12 ADDITIONAL ROUNDS

4.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 CHECKLIST DISCLAIMER

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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 F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Land Conservation and Development (“DLCD” or “Agency”), is issuing this intermediate Request for Proposals under the provisions of ORS 279B.070 for estuary planning services (“Services”) including, but not limited to developing model language that local governments can adopt to improve the planning and implementation of estuary management.

Find a suite of DLCD’s existing Model Polices and Development Codes here as examples:

https://www.oregon.gov/lcd/About/Pages/Model-Code.aspx.

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 (1) Contract from this RFP.

The initial term of the Contract is anticipated to be one (1) year with options to renew up to a cumulative maximum of three (3) 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 January 20, 2026 3:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) January 22, 2026

Opening (Proposal Due) See RFP cover page

Proposal Evaluations (approx.) January 30 – February 5, 2026

Issuance of Notice of Intent to Award (approx.) February 2026

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

https://www.oregon.gov/lcd/About/Pages/Model-Code.aspx

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Agency is using the Intermediate Procurement method, pursuant to ORS 279B.070 and OAR 125-247-0270. 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 or as defined below.

Terminology specific to the OregonBuys system may be found at OregonBuys.

“Comprehensive Plan” means a long-range policy document adopted by a local government that guides land use, development, and resource management decisions. In Oregon, comprehensive plans must be consistent with the Statewide Planning Goals and are implemented through zoning and development codes.

“Development Code Language” means specific, enforceable provisions within a local government’s land use regulations. These provisions govern how land can be used or developed, including zoning, permitting procedures, and development standards. Model development code language provides adaptable templates for jurisdictions to incorporate into their local codes.

“Estuary Management Plan” means specialized components of Comprehensive Plans that guide the conservation and development of estuarine resources. Required under Oregon’s Statewide Planning Goal 16, these plans balance ecological protection with appropriate development and use of estuarine areas.

“Explanatory Materials” means supplemental documents designed to help local governments and stakeholders understand, adopt, and implement model policies and code language. These may include plain-language summaries, FAQs, annotated guides, and implementation checklists.

“Integrated Model Language” means the incorporation of newly developed model policies and code provisions into existing DLCD guidance documents. This integration ensures consistency, usability, and alignment with Oregon’s planning framework, and clarifies which elements are required versus recommended.

“Model Policy” means a recommended planning or regulatory statement that articulates a jurisdiction’s intent or approach to managing land use or natural resources. It is designed to be adapted by local governments into their comprehensive plans or ordinances and reflects best practices, legal requirements, and policy goals.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of Land Conservation and Development is a small state agency that works in partnership with local governments, and state and federal agencies, to address the land use needs of the public, communities, regions, and the State.

The Oregon Coastal Management Program as administered by DLCD, provides technical https://www.oregon.gov/das/ORBuys/Pages/Index.aspx

DAS Procurement Services, Version 4.5 March 31, 2023 Page 6 of 22 assistance to coastal local governments and state agencies to help them implement the statewide land use planning goals (primarily Goals 16, 17, 18, and 19) as they relate to coastal resources and communities. On occasion, it is required of DLCD to contract for additional, specialized services to augment this technical assistance to provide additional capacity, expertise, and analysis related to the coastal land use planning goals.

2.3.2 Project Overview and Background

DLCD seeks a qualified Proposer to provide policy development and expertise related to the management and planning of estuaries on the Oregon coast. Specifically, DLCD seeks a Proposer that understands the policies and requirements of the coastal land use goals 16 and 17 and can develop practical work products in coordination with DLCD staff.

The primary task of the Proposer will be to develop model policy and development code language that local governments can adopt to enhance estuary management planning and implementation. This model language developed should both meet and exceed the minimum requirements of Statewide Planning Goals 16 (Estuarine Resources) and 17 (Coastal Shorelands) and offer procedural clarity to support a transition from specific use designations to a zoning district framework in Oregon’s estuaries and surrounding coastal shorelands.

All work for the initial project effort must be completed by May 29, 2026, due to funding constraints.

2.3.3 Purpose

The goal of this RFP is to contract with an experienced, qualified vendor to provide Services described in Section 2.4, Scope of Work/Specifications.

2.4 SCOPE OF WORK/SPECIFICATIONS

DLCD recognizes that the Tasks and Deliverables outlined in this Scope of Work represent the anticipated work at the time of project initiation. However, the scope is not necessarily exhaustive, and additional or modified Tasks and Deliverables may be identified as the project progresses. DLCD reserves the right to adjust the scope in collaboration with the Proposer to ensure the project meets its goals and responds to emerging needs or findings.

Proposers are asked to provide a Technical Proposal and separate Price Proposal for the elements described in this Scope of Work/Specifications.

2.4.1 Objectives

Below are the objectives of the resulting work performed under the resulting Contract for Services for this Scope of Work:

• Develop Model Policy and Development Code Language for use in implementing coastal land use Goals 16: Estuarine Resources and 17: Coastal Shorelands.

• Provide procedural guidance for local governments or state agencies, including decision criteria for evaluating permits.

• Integrate new policy products into DLCD’s existing guidance materials and tools.

• Provide explanatory materials to support local government or state agency adoption and implementation.

https://www.oregon.gov/lcd/OP/Pages/Goal-16.aspx https://www.oregon.gov/lcd/OP/Pages/Goal-17.aspx

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2.4.2 Anticipated Tasks and Deliverables

Below are the anticipated Tasks and Deliverables of the initial resulting Contract for Services, DLCD reserves the right to amend to add additional projects to the awarded Contract as needed.

Task 1: Project Kickoff and Background Research

• Meet with DLCD staff to confirm project goals, timeline, and deliverables.

• Review relevant planning documents, including:

o Statewide Planning Goals, with a focus on Goals 16 -17.

o Existing DLCD Model Policy and Development Code Language.

o Comprehensive Plans, Estuary Management Plans, and related land use planning or coastal management plans.

o Guidance materials developed by DLCD or others.

Deliverable 1.1: Kickoff meeting summary and refined work plan for project effort.

Task 2: Draft Model Language Development

Draft Model Policy and Development Code Language that:

• Goes beyond minimum regulatory requirements of Goals 16 and 17.

• Includes procedural details (e.g., decision-making criteria, impact assessment protocols).

• Is adaptable for use by various coastal jurisdictions.

• Format new or revised model language for clarity and modular use.

Deliverable 2.1: Draft model language documents.

Task 3: Integration and Formatting

• Integrate the new model language into DLCD’s existing guidance and resources with supplemental text as needed.

• Clarify what language is a requirement of the land use goals or state law and what is suggested as additional considerations.

• Ensure consistency with other Oregon model codes in format and tone.

Deliverable 3.1: Integrated model language document, formatted for publication for each project.

Task 4: Explanatory Materials

• Develop supplemental materials to aid local governments or state agencies in adopting and implementing the policy products, including:

DAS Procurement Services, Version 4.5 March 31, 2023 Page 8 of 22 o Explanatory text for policy sections to be adopted or implemented.

o Frequently Asked Questions (FAQs).

Deliverable 4.1: Explanatory guide.

Deliverable 4.2: FAQ document.

Task 5: Finalization and Presentation

• Incorporate feedback from DLCD and affected parties.

• Finalize all documents for publication and distribution.

• Present the final product to DLCD staff and/or affected parties.

• Provide training to DLCD and/or affected parties if needed.

Deliverable 5.1: Final model language package (editable and PDF formats).

Deliverable 5.2: Presentation and training materials and summary of affected party feedback.

Task 6: Project Management

The Proposer will coordinate regularly with DLCD’s Contract Administrator and provide monthly progress updates.

Deliverable 6.1: Project Work Plan and Schedule. A detailed timeline with milestones, responsibilities, and deadlines, refined after the kickoff meeting.

Deliverable 6.2: Monthly progress report. Brief written updates summarizing:

• Work completed during the reporting period

• Upcoming tasks

• Any issues or risks encountered and mitigation strategies

• Budget and timeline status

Deliverable 6.3: Meeting Summaries. Notes or summaries from coordination meetings with DLCD, including action items and decisions made.

Deliverable 6.4: Communication Log or Tracker. A record of key communications with stakeholders, including dates, topics, and outcomes (optional but useful for transparency).

Deliverable 6.5: Final Project Summary Report. A wrap-up document summarizing the project’s outcomes, lessons learned, and recommendations for future work.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all

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3.1.1 Executive Summary

Proposers must provide an Executive Summary demonstrating their experience with the following:

• Government Policy and Code Writing: Proposals must demonstrate previous experience writing policy and regulations for or with state agencies or local governments. This prior experience does not have to be limited to the State of Oregon or to the topic of estuary planning. Demonstration of writing policies that have then been adopted in the form of Work Samples.

• Oregon Land Use and Coastal Management: Proposals must demonstrate knowledge and understanding of Oregon’s statewide land use system and Oregon’s Coastal Management Program. Proposals must show previous experience working with the statewide planning goals and related statutes and administrative rules in the form of Work Samples.

3.1.2 Key Person Requirements

Key Person(s) resume(s) shall demonstrate that each person has the appropriate education and experience to qualify to write model policy and development code for estuarine and coastal shorelands areas in Oregon. Educational certification that may be appropriate for this work include, but are not limited to, a law degree or land use planning certification. Key Person(s) must have combined educational backgrounds and applied experience in land use planning or coastal management in Oregon. Specifically, Key Person(s) should have extensive experience in drafting local or state regulations. Experience with the coastal land use goals (16-19) and related coastal management topics is strongly preferred.

3.1.3 Work Samples

• Proposer must provide at least two Work Samples for each item described in Section 3.1, Minimum Qualifications. Particularly examples of policy and code writing (any location or topic is acceptable), such as DLCD has provided on various topics:

https://www.oregon.gov/lcd/Publications/TsunamiLandUseGuide_2015.pdf (see Chapters 3 and 4 of this land use guide as an example).

3.1.4 Other Requirements:

Proposer must be able to meet the grant funding deadline of May 29, 2026, for all deliverables. Final invoicing can occur within a month after that date.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

https://www.oregon.gov/lcd/Publications/TsunamiLandUseGuide_2015.pdf

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• Executive Summary

• Technical Proposal

• Administrative Proposal

• Key Persons and Resumes

• Work Samples

3.2.2 Proposal Page Limits

Proposal is limited to 10 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

3.2.3 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 shall submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf.

Additional information can be found on the OregonBuys Supplier Resources page:

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

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.

3.2.4 Authorized Representative

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

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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.

3.3.1 Administrative Proposal Items

Proposals shall include the following completed and, when necessary, signed forms:

• Attachment C – Proposer Information and Certification Sheet (required – submit only one copy);

• Attachment D – Reference Check Form (required – submit three copies); and

• Attachment G – Responsibility Inquiry (required – submit one copy only).

The following attachments may also be required; Proposer is responsible for determining whether the following forms should be included in their Administrative Proposal:

• Attachment B – Disclosure Exemption Affidavit (if applicable – submit one copy only);

and/or

• Attachment F – COBID Certification / Outreach Plan (if applicable – submit one copy only).

3.3.2 References

Provide two (2) references from current or former client firms for similar projects performed for any clients within the last ten (10) years. References must be able to verify the quality of previous, related Work.

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

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.

3.3.3 Price Proposal

Submit a detailed Price Proposal in a separate file electronically though OregonBuys.

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For each activity described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs, The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work and list the salary/wage and fringe rate separately for each such individual.

3.3.4 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.

3.3.5 Technical Proposal

Describe how Proposer would carry out the major activities of the project described in Section 2.4. Provide a comprehensive management plan that the Proposer intends to follow.

Illustrate how the plan will serve to coordinate and accomplish the Work within the project deadline.

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC 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 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.

https://oregonbuys.gov/

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4.3 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

4.4 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, prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.5 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.

4.6 PUBLIC OPENING

A public Opening will be not be held for this RFP.

4.7 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.

• 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 https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

DAS Procurement Services, Version 4.5 March 31, 2023 Page 14 of 22 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).

4.8 EVALUATION PROCESS

4.8.1 Responsiveness and Responsibility Determination

4.8.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) 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.

4.8.1.2 Responsibility Determination

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

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

4.8.2 Evaluation Criteria

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SCORE EXPLANATION

(100%) OUTSTANDING – Proposal addresses all prompts and requirements, with no deficiencies or weaknesses.

(90%)

EXCELLENT – Proposal contains many strengths and only minor weaknesses.

(80%) VERY GOOD – Proposal contains a few minor weaknesses.

(70%)

GOOD – Proposal contains some minor weaknesses

(60%)

SATISFACTORY – Proposal contains some strengths, but with some moderate weaknesses.

(50%) FAIR – Proposal contains some strengths, but with several moderate weaknesses.

(40%)

UNSATISFACTORY – Proposal contains a few strengths but contains some major weaknesses.

(30%) WEAK – Proposal contains one or two strengths but contains major weaknesses.

(20%)

POOR – Proposal contains one or no strengths and contains many major weaknesses.

(10%)

RESPONSE OF NO VALUE – An unacceptable Proposal that does not meet the requirements set forth in the Solicitation. Proposer has not demonstrated knowledge of the subject matter.

(0%) NO RESPONSE – Proposer did not address the submittal prompt in question.

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of the 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.

4.8.2.1 Evaluation Item 1 – Executive Summary

• How well does the Executive Summary demonstrate their experience with Government Policy and Code Writing?

• How well does the Executive Summary demonstrate their experience with Oregon Land Use and Coastal Management?

4.8.2.2 Evaluation Item 2 – Key Person(s)

• How well do(es)the resume(s) demonstrate the personnel are qualified and

DAS Procurement Services, Version 4.5 March 31, 2023 Page 16 of 22 experienced to complete the Work?

4.8.2.3 Evaluation Item 3 – Work Samples

• How well do the Work Samples demonstrate the Proposer’s ability to complete the Work?

4.8.2.4 Evaluation Item 4 – Technical Proposal

• How well does the Technical Proposal ensure the deliverables will be completed in a timely manner?

• How well does the Technical Proposal ensure the project remains within budget?

• How well does the Technical Proposal demonstrate the Proposer’s understanding of the Scope of Work?

4.8.3 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:

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

4.8.4 PREFERENCES

4.8.4.1 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.

4.8.4.2 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.

4.8.4.3 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.

TOTAL POINTS POSSIBLE : 100

4.8.2.1 Evaluation Item 1 – Executive Summary 15

4.8.2.2 Evaluation item 2 – Key Person(s) 20

https://www.naspo.org/reciprocity1

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4.9 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 100) 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. 10=10%, 50=50%, 72=72%, 90=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Proposer A receives scores of 100, 90, and 95 for criterion worth 50 points. The SPC averages 100, 90, and 95 for a score of 95 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 are 47.5.

4.10 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.

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.

4.11 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

4.11.1 Competitive Range Determination

4.8.2.3 Evaluation item 3 – Work Samples 15

4.8.2.4 Evaluation item 4 – Technical Proposal 30

4.8.3 Price Evaluation 20

DAS Procurement Services, Version 4.5 March 31, 2023 Page 18 of 22

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.

4.12 ADDITIONAL ROUNDS

Best and Final Offers

Proposers in the Competitive Range may submit Best and Final Offers. The written Best and Final Offer (“Revised Proposal”) must be submitted on or before the due date and time set forth in the notice of Competitive Range / XXXX Pacific Time on XXX and must be delivered to the Single Point of Contact. LATE REVISED PROPOSALS WILL NOT BE ACCEPTED.

If Proposer elects not to submit a Revised Proposal, Proposer’s initial Proposal will be accepted as the Best and Final Offer and evaluated accordingly.

Best and Final Offer Requirements

Best and Final Offers must be submitted in writing in the form of an amendment to the Proposer’s initial Proposal. Best and Final Offers must comply with the following requirements and specifications:

• Identify Proposer’s business name and reference RFP number; and

• Submit One (1) copy of the revised Proposal with original Signature via email to the SPC;

and

• Clearly identify the information included Proposer’s initial Proposal that Proposer intends to amend or replace in terms of the page, section and paragraph of Proposer’s initial Administrative, Technical or Price Proposal; and

• Include the replacement information, which shall comply with the requirements of the RFP and each of the Items listed below; and

• Include a redlined version of the Sample Contract (attached to the RFP as Attachment A) and any and all other documents applicable to the requests set forth in the RFP or applicable Amendment(s); and

• Include a Best and Final Offer letter, signed in ink by Proposer’s authorized representative, which summarizes the Proposal aspects amended by the Best and Final Offer and states that the information included in the Best and Final Offer supersedes the corresponding information included in Proposer’s Proposal submitted on or before the Bid Opening Date;

and

• Include all information requested in the Best and Final Offer letter.

4.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final

DAS Procurement Services, Version 4.5 March 31, 2023 Page 19 of 22 ranking.

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 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:

5.2.1 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.

5.2.2 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.

5.2.3 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. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

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

DAS Procurement Services, Version 4.5 March 31, 2023 Page 20 of 22

Contract.

5.2.5 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 CONTRACT NEGOTIATION

5.3.1 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 ONLY the Statement of Work and the following terms and conditions:

• Pricing;

• Payment Terms; and

• Scope of Work.

In the event that the parties have not reached mutually agreeable terms within 14 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

DAS Procurement Services, Version 4.5 March 31, 2023 Page 21 of 22

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

6.2 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.

6.3 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.

6.4 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. 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 a Contract, 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, except in the case of Proposals that were submitted late and rejected by Agency.

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

DAS Procurement Services, Version 4.5 March 31, 2023 Page 22 of 22 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 any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract award, or the rejection of any Proposal.

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with 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, and costs associated with protests.

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025)

6.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist.

Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

https://www.oregon.gov/das