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STATE OF OREGON

COVER PAGE

OREGON WATERSHED ENHANCEMENT BOARD

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-69100-00012307 for

LAND ACQUISITION DUE DILIGENCE SERVICES

Date of Issue: January 6, 2025

Opening Date and Time: Any �me between January 6, 2025 and April 15, 2025

Single Point of Contact (SPC): Robin Ramsey, Procurement and Contract Specialist working on behalf of OWEB for the purposes of this RFP

Address: 725 Summer Street NE, Suite A City, State ZIP: Salem, OR 97301 Phone: (971) 375-8850 Email: robin.v.ramsey@water.oregon.gov

The State of Oregon promotes the equal opportunity for all individuals without regard to age, color, disability, marital status, na�onal origin, race, religion or creed, sex or gender, sexual orienta�on, or veteran status.

mailto:robin.v.ramsey@water.oregon.gov

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Table of Contents

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SUBMISSION AND INCLUSION IN QUALIFIED POOL

1.4 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW, BACKGROUND, AND PURPOSE

2.4 SPECIFICATIONS

2.5 SCOPE OF WORK

2.6 DELIVERY SCHEDULE

2.7 TIME TRACKING AND MISCELLANEOUS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 PROPOSER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 SCORING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, 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/PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM – submitted by proposer

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H CHECKLIST

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The State of Oregon, ac�ng by and through the Oregon Watershed Enhancement Board (OWEB) (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for due diligence services to support the Agency’s programs that make grants for the purchase of property interests.

The goal of Agency is to find long-term Proposers able to do the work described in this RFP. Agency has the goal of developing relationships with Due Diligence Proposers who are available to work with Agency over several contract periods.

Agency intends to establish a qualified pool of Due Diligence Proposers. The qualified pool will contain persons or en��es (“Proposers”) that submit all of the materials specified in Sec�on 6: Submission Requirements and who have established, through their Proposal, that they:

• Are capable of providing the services and deliverables described in the Scope of Work (Sec�on 2.5);

• Meet the Proposer Requirements (Sec�on 3.1); and

• Meet the Proposal Requirements (Sec�on 3.3).

Proposals may be submited any �me un�l April 15, 2025. Proposals will be reviewed as they are submited. All Proposers will be no�fied within 1-4 weeks of acceptance or rejec�on of their Proposal.

Agency may reject any Proposal not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all Proposals or waive any specification or requirement upon a finding of Agency it is in the public interest to do so. Addi�onal details on the scope of the goods or services or both are included in the Scope of Work/Specifications sec�on.

Agency may award up to four (4) contracts from this RFP (“Contract”). The ini�al term of the Contract(s) is anticipated to be two (2) years with Agency discre�onary op�on to renew up to an end date of June 30, 2031.

The table below represents a tenta�ve schedule of events. All �mes 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

Answers to Questions Issued (approx.) As received

RFP Protest Period Ends 7 calendar days after RFP Posting

Opening (Proposal Due) Anytime between January 6, 2025 and April 15, 2025

Issuance of Notice of Intent to Award (approx.) Within 4 weeks days after Proposal submission

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

A Proposal need only be submited once. If found qualified, the Proposer will be placed in the qualified pool. Inclusion in the qualified pool does not guarantee that a Contract for services will be offered to the Proposer. Agency may, but is not obligated to, request an interview with any Proposer.

The SPC for this RFP is iden�fied on the Cover Page, along with the SPC’s contact informa�on. Proposer shall direct all communica�ons 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.

https://oregon.public.law/statutes/ors_279B.060

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Agency is issuing this Solicita�on pursuant to its authority under ORS 279A.050, ORS 279A.140, and OAR 125-246- 0170(2).

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

OAR 137-047-0270.

For the purposes of this Solicita�on, capitalized words will refer to the following defini�ons.

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

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

The Oregon Watershed Enhancement Board (“Agency”) provides grants for the purchase of interests in real property that protect, restore, or enhance land for fish and wildlife habitat, agricultural purposes, water quality, sources of drinking water, or other natural resource values.

Agency grants are funded from several state funding sources such as Oregon Lotery Revenue, Lotery Revenue Bonds, General Fund, Other State Funds, and some federal funds.

The Agency offers grants for the purchase of interests in real property through the Land Acquisi�on Program, Oregon Agricultural Heritage Program (OAHP), and Drinking Water Source Protec�on Program (DWSP) for the purposes described above. The Agency may start new programs for the purchase of interests in real property as directed by the Oregon Legislature. The exis�ng real property programs and any new programs are referred to individually as a “Program” and collec�vely as the “Programs” herein.

Program Requirements

Oregon Administra�ve Rules (OARs) address the processes, requirements, and evalua�on criteria for grants made through the Programs. The Programs currently provide grant funds for the purchase of interests in real property as follows:

• Land Acquisi�on Program: fee simple absolute and conserva�on easement. (OAR 695-045-0010 – 695-045-0215)

• Oregon Agricultural Heritage Program: conserva�on easement and covenant. (OAR 698-005-0010 – 698-005-0100 and 698-015-0010 – 698-015-0180)

• Drinking Water Source Protec�on Program: fee simple absolute, conserva�on easement, covenant, equitable servitude, and similar agreements. (OAR 695-048-0010 – 695-048-0190)

The Agency seeks to establish a pool of qualified real property consultants and contract with the consultants on an as-needed basis to assist Agency staff in comple�ng due diligence and organiza�onal capacity reviews, assis�ng with the resolu�on of concerns iden�fied during the reviews, and addressing other requirements and processes of the Programs.

Being placed in the Agency’s pool of qualified real property consultants will not guarantee any Work under this Contract. All Work under this Contract will be in the sole discre�on of the Agency, using the Proposer Selec�on Methodology as specified in Sec�on 5.4.2. The Agency may choose to allocate Work among two or more contractors that meet the requirements for inclusion in the pool of qualified consultants. The Work may be allocated based on contractor exper�se, Conflicts of Interest, geography, or other factors iden�fied by the Agency.

https://oregon.public.law/statutes/ors_279a.050 https://oregon.public.law/statutes/ors_279a.140 https://oregon.public.law/rules/oar_125-246-0170 https://oregon.public.law/rules/oar_125-246-0170 https://oregon.public.law/statutes/ors_279b.070 https://oregon.public.law/rules/oar_125-247-0270 https://oregon.public.law/rules/oar_137-047-0270 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=300204 https://www.oregon.gov/das/ORBuys/Pages/Index.aspx https://www.oregon.gov/oweb/grants/Acquisitions/Pages/land-acquisitions.aspx https://www.oregon.gov/oweb/grants/oahp/Pages/oahp.aspx https://www.oregon.gov/oweb/grants/Pages/DWSP.aspx https://oregon.public.law/rules/oar_695-045-0010 https://oregon.public.law/rules/oar_695-045-0215 https://oregon.public.law/rules/oar_698-005-0010 https://oregon.public.law/rules/oar_698-005-0100 https://oregon.public.law/rules/oar_698-015-0010 https://oregon.public.law/rules/oar_698-015-0180 https://oregon.public.law/rules/oar_695-048-0010 https://oregon.public.law/rules/oar_695-048-0190

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Evalua�on criteria for the Programs include, among other factors, the soundness of the legal and financial terms of the proposed real property transac�on, and the capacity of the grant applicant and long-term holder or manager of the property interest to achieve and sustain the proposed project outcomes.

Project Soundness

The Agency ensures the soundness of the legal and financial terms of proposed real property transac�ons by reviewing, and requiring applicants to address concerns pertaining to, some or all the following items, depending on the requirements of the Program to which the grant applica�on is submited:

• Grant application

• Sale agreement and related documents

• Environmental site assessment or other environmental hazards analysis

• Property title, including vesting, encumbrances, access, water rights, and legal description

• Title insurance

• Boundary survey

• Proposed deed

• Conservation easement or other conservation instrument

• Partner agreements for property management

• Any other due diligence items necessary for ensuring the soundness of a project as determined by the Agency

A grant agreement, conveyance agreement, escrow instruc�ons, and other documents are prepared by Agency staff to ensure that grant condi�ons are met. The Agency is also responsible for complying with laws pertaining to the reloca�on of displaced persons.

Organiza�onal Capacity

The Agency confirms the capacity of the grant applicant and long-term holder or manager of the property interest to achieve and sustain the proposed project outcomes by reviewing, and requiring applicants to address concerns pertaining to, some or all the following items, depending on the requirements of the Program to which the grant applica�on is submited:

• Grant Applica�on

• Ar�cles of incorpora�on

• Mission statements

• Bylaws

• Accredita�on informa�on

• Partner agreements for property management

• Financial documents such as balance sheets and statements

• Financial audit reports

• Stewardship funding calculators

• Any other items necessary for confirming organiza�onal capacity as determined by the Agency

Conflicts of Interest

For the purposes of this Contract, the Agency defines “Conflict of Interest” broadly. The Proposer must disclose any poten�al bias, prior or reasonably an�cipated rela�onship, representa�on, alliance, or ac�on related to Work under this Contract. Conflict of Interest disclosure shall exceed financial concerns and extend to ensuring a fair and unbiased grantmaking process.

Before Beginning Work on each Project, it is the Proposer’s responsibility to disclose:

• Conflicts of Interest o Prior or current work for the grant applicant or any other party involved in the project.

o Prior or current representa�on of the grant applicant or any other party involved in the project.

o Prior or current ac�on on behalf of the grant applicant or any other party involved in the project.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 7 of 20 o Prior or current assistance, services, or par�cipa�on, including dona�ons of �me or services, to the grant applicant or any other party involved in the project.

• Poten�al Conflicts of Interest o Expecta�on of receiving future work or compensa�on of any kind from, or providing assistance of any kind to, the grant applicant or any other party involved in the project.

o Membership in or alliance with any organiza�on that will receive funds from the grant, including but not limited to board membership in the organiza�on.

o Any rela�onship with the grant applicant or any other party involved in the project including, but not limited to:

Related to the grant applicant.

Related to the seller of the property interest.

Related to anyone who will benefit financially from an award of grant funds.

Related to a staff member of the organiza�on applying for the grant.

Furthermore, the Proposer shall disclose any bias that could inhibit the Proposer’s ability to conduct an independent and objec�ve review or could become a cause for any other concern.

The Agency will provide the Conflict of Interest Form (Exhibit C in the sample Contract) for the Proposer to complete before beginning Work on each project. The Agency will determine whether disclosed circumstances prevent the Proposer from objec�vely working on the project in a manner that preserves the reputa�on and integrity of the Programs. The Agency will not reimburse or compensate the Proposer for �me spent comple�ng the Conflict of Interest Form, or for Work performed prior to submission and acceptance of the completed Form.

Where ques�ons or concerns remain unresolved regarding bias or conflict of interest, the Agency’s Acquisi�ons and Special Programs Manager will make a final determina�on of whether the Proposer will be assigned Work on the Project.

The Agency is looking for Proposers willing to accept the following responsibili�es. Proposers do not have to be located or based in the state of Oregon, but they must be familiar with the laws and rules surrounding Oregon land acquisi�on by the �me the contract goes into effect.

The Proposer shall work closely with Agency staff to evaluate grant applica�ons, review and conduct due diligence, find solu�ons to due diligence problems and other real property-related issues, confirm the organiza�onal capacity of grant applicants, review and prepare documents necessary for Agency grants, and assist with other Work of the Programs. This may include but is not limited to:

• Evaluate grant applica�ons, including project soundness and organiza�onal capacity informa�on, and other applica�on elements as requested by Agency staff.

• Prepare grant funding condi�ons that address project soundness and organiza�onal capacity concerns iden�fied during applica�on reviews.

• Review �tle encumbrances, including informa�on about the loca�on and status of encumbrances, and iden�fy and assess threats posed to project soundness by the encumbrances.

• Recommend measures to reduce risks posed by �tle encumbrances, �tle defects, and other �tle maters.

• Assist with removing encumbrances from �tle.

• Review mineral resource assessment reports (remoteness determina�ons).

• Assist with obtaining �tle insurance that meets the needs of the Agency.

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• Review and assist with dra�ing conserva�on agreements including but not limited to conserva�on easements, covenants, deed restric�ons, and equitable servitudes.

• Review legal descrip�ons and surveys, including but not limited to boundary surveys, lot line adjustment surveys, and par��on plats.

• Assist with maters pertaining to land use processes, including but not limited to reviewing condi�ons of land use approval and recommending ac�ons to comply with the condi�ons.

• Review environmental site assessments and other environmental hazards analyses and iden�fy and evaluate follow-up ac�ons to ensure that environmental hazards are adequately resolved.

• Review op�ons, purchase and sale agreements, and other sales contracts.

• Review loan agreements including but not limited to loans for drinking water source protec�on land acquisi�on and conserva�on agreements.

• Analyze property access and assist with nego�a�ng and preparing access agreements that are legally sound and physically sufficient for the intended use and management of the subject property.

• Review analyses of appurtenant surface water rights and groundwater rights, including but not limited to informa�on about allowed uses, the places of diversion and use, well logs, and the status of the water rights, and make recommenda�ons for maintaining, protec�ng, and conserving the water and water rights.

• Review water rights transfers and other water rights conserva�on measures.

• Evaluate threats to drinking water, including but not limited to land uses or ac�vi�es that pose a threat to water quality, water storage capacity, and baseflow.

• If needed a�er a technical review from other state agencies, review source water assessments, hydrologic and soil characteris�cs, and related informa�on in evalua�ng threats to drinking water.

• Evaluate any proposed riparian buffers for the protec�on of drinking water sources as compared to riparian buffer requirements within the Private Forest Accord.

• Assist with reviewing and dra�ing partnership agreements, conveyance agreements, and other agreements that establish project roles and responsibili�es.

• Assist with transac�on closings, including with escrow instruc�ons, setlement statements, and other documents necessary to complete transac�ons.

• Assist the Agency with mee�ng obliga�ons under laws pertaining to the reloca�on of displaced Persons.

• Review informa�on about the organiza�onal capacity of grant applicants, including but not limited to ar�cles of incorpora�on, mission statements, bylaws, accredita�on informa�on, partner agreements

DAS Procurement Services, Version 4.5 March 31, 2023 Page 9 of 20 for property management, financial documents such as balance sheets and statements, financial audit reports, and stewardship funding calculators.

• Par�cipate in project mee�ngs and assist in documen�ng and following up on discussion items.

• Assist with updates of materials for the Programs, including but not limited to applica�on forms and instruc�ons, guidance documents, forms, and templates.

• Assist with other Work of the Programs, as requested.

• Provide Agency staff with reviews, analyses, and recommenda�ons by email, phone, memo, review form, or other method as requested.

• Provide Agency staff with suggested content for communica�ons with grant applicants as requested, including but not limited to specific ques�ons and comments for iden�fying and solving problems.

• Provide updates via email and phone to the Agency’s project manager, as requested. The project manager may require a brief report of specific ac�vi�es, including �me spent, issues iden�fied, solu�ons cra�ed, and related maters.

Conduc�ng Work for the Programs is typically an itera�ve process, with Work products and �melines that evolve as projects progress. Regardless, �me is of the essence for the Agency’s Program transac�ons. The Agency expects the Proposer to respond to Agency requests for assistance within two (2) business days to discuss the request, if needed, and reach agreement with Agency staff on a comple�on date for the requested deliverable. The Proposer hereby acknowledges and agrees that most deliverables should be produced within approximately one (1) week of request by the Agency. Deliverables that are par�cularly complex may take longer.

The Proposer shall work with the Agency’s Contract Administrator to develop a method for tracking the Proposer’s �me on a Program and project basis, to assist the Agency in understanding and budge�ng Program and project costs over �me.

The Proposer shall send invoices and time tracking information to the Agency’s Contract Administrator for approval no more often than once monthly, and no less often than once every two months.

The invoices shall describe all Work performed and by whom it was performed. Each invoice will include but will not necessarily be limited to: a detailed description of Services performed, including the name or names of the individuals who performed Services and prepared the Deliverables to which the invoice applies; the dates Services were performed; all Deliverables delivered during the period of the invoice; the rate or rates for Services performed; the total cost of Services; and the assignment of Services to a Program and Agency grant number.

The Proposer must furnish all supplies and materials necessary to complete the Work, including but not limited to copies of technical standards such as ASTM standards for reviewing environmental site assessments and any so�ware necessary for reviewing or interpre�ng legal descrip�ons.

To be considered for evalua�on, Proposal must demonstrate how Proposer meets all requirements of this sec�on.

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Proposal must demonstrate how Proposer meets the following requirements:

• Ten or more years’ experience working on conserva�on land transac�ons, including fee simple and conserva�on easement purchases

• Experience developing or analyzing organiza�onal governance documents, prac�ces, and processes, and financial documents such as budgets and audit reports

• Ability to complete all tasks in the Scope of Work

• Highly effec�ve communica�on and problem-solving skills that emphasize a diploma�c approach

• Ability to collaborate with Agency staff as they work with partners of widely varying backgrounds and skillsets to solve complex due diligence problems in a coopera�ve and construc�ve manner

• Strong technical wri�ng skills, with a proven track record of wri�ng clear, sound real property-related documents including but not limited to purchase agreements, access easements, conserva�on easements, maintenance agreements, partnership agreements, and closing instruc�ons

• Ability to work independently

• Ability to respond effec�vely to short deadlines and changing priori�es

• General ability to ini�ate Work within two (2) business days of a request and complete Work within one (1) week of a request.

Strong preference will be given to Proposals that describe:

• Experience working on the acquisi�on of covenants, deed restric�ons, and equitable servitudes.

• Experience working on complex conserva�on transac�ons, such as transac�ons with mul�ple funders, land use requirements, access deficiencies, and conserva�on easements with mul�ple grantees.

• Experience working with grants and grant-making programs.

• Experience working with non-profit land trusts.

The Proposer is expected to coordinate and work closely with Agency staff to accomplish Work under this Contract. Staff will direct the limits of Work and collaborate with the Proposer to develop Work products that draw on the exper�se of both the Proposer and the Agency staff and are reflec�ve of a team effort. Agency staff will give direc�on on what should be done at any given �me.

Agency projects take up to several years to complete and consist of due diligence maters that are interconnected. For efficiency and con�nuity of collabora�ve work, Agency prefers that Proposers be individual prac��oners who can complete the en�re scope of work, rather than a group of prac��oners that split the work.

The Agency recognizes that being technically proficient in real property transac�ons is important in comple�ng the Scope of Work, and that such Work is o�en performed by atorneys. However, the Agency does not expect and cannot allow the Proposer to act as the Agency’s atorney. The Agency expects the Proposer to comply with Oregon law (ORS 180.060(6)) which specifies that only the Atorney General’s office can represent state agencies, clearly avoid conflicts of interest, and remain objec�ve in the role of the Proposer. Unless instructed by Agency staff in wri�ng, the Proposer agrees they will not conduct themselves in a way that represents themselves as the Agency’s legal representa�ve.

The Proposer must consult with and receive approval from Agency staff before communica�ng directly with grant applicants or other project partners on behalf of the Agency.

https://oregon.public.law/statutes/ors_180.060

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The Proposal shall be divided into parts; each part is limited to the page length listed in parentheses “( )” a�er each item. Any pages exceeding this limit will not be provided to the evalua�on commitee or considered in the evalua�on.

• Signed Cover Leter (1 page) outlining the following points:

o Catalog years of experience o Ability to respond to short deadlines and changing priori�es

• Responses to RFP Topics (4-14 pages) o Skills and Experience (Sec�on 3.1.1)

A strong Proposal will clearly describe the Proposer’s prior work on the specific deliverables and ac�vi�es in the Scope of Work.

A strong Proposal will clearly demonstrate that the Proposer has all the required skills and experience, as well as the addi�onal and strongly preferred experience.

o Approach to the described Scope of Work (Sec�on 3.1.2) A strong Proposal will describe how the Proposer will provide the services necessary to accomplish the full Scope of Work, rather than a fragmentary approach that divides work among a group of people.

• Work Samples

• Resume of Proposer and/or Key Person(s)

• Three (3) References – include all per�nent contact informa�on

• Detailed Price / Fee Structure

Proposal is limited to 15 pages. Any pages exceeding this limit will not be provided to the evalua�on commitee or considered in the evalua�on. The following items are required but do not count toward the Proposal page limit:

• Work Samples o Two complex transac�onal documents you have writen, such as a conserva�on easement and a purchase and sale agreement. Redac�ons for privacy are acceptable.

• Resume of Proposer and/or Key Person(s)

• Disclosure Exemp�on Affidavit (Atachment B)

• Proposer Informa�on and Cer�fica�on Sheet (Atachment C)

• Reference Check forms (Atachment D)

• Price Proposal (Atachment E, provided by Proposer)

• COBID Cer�fica�on / Outreach Plan (Atachment F)

• Responsibility Inquiry (Atachment G)

• Checklist (Atachment H)

Proposal should follow the format and reference the sec�ons listed in the Proposal Requirements sec�on.

Responses to each sec�on and subsec�on 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 OregonBuys Vendor Formal Solicita�on Response.pdf for electronic submission.

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

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

Proposer shall submit one copy of its Proposal and all other submital requirements, with Atachment C – Proposer Informa�on and Cer�fica�on Sheet bearing the Proposer’s authorized representa�ve's signature, in one of the following formats: Adobe Acrobat (pdf), Microso� Word (docx), or Microso� 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 Exemp�on Affidavit (Atachment B). Proposer shall also mark as “Confiden�al” in OregonBuys all atachments to its Proposal that Proposer believes are exempt from disclosure.

The Proposer Informa�on and Cer�fica�on Sheet (Atachment C) must bear the Proposer’s authorized representa�ve's signature.

Failure of Proposer’s authorized representa�ve to sign the Proposal may result in rejec�on of the Proposal by Agency.

Proposal must address each of the items listed in this sec�on 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 prin�ng, or other materials not essen�al to the u�lity and clarity of the Proposal. Do not include marke�ng or adver�sing material in the Proposal, unless requested. Proposal should be straigh�orward and address the requests of the RFP. Proposal containing unsolicited marke�ng or adver�sing material may receive a lower evalua�on score if required informa�on is difficult to locate.

Proposer shall complete and submit the Proposer informa�on and Cer�fica�on Sheet (Atachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Informa�on Cer�fica�on Sheet may result in a finding of non-responsibility.

Provide 3 references from current or former client firms for similar projects performed for any clients within the last 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 addi�onal informa�on, or verify any informa�on needed. Agency may contact any reference (submited or not) to verify Proposer’s qualifica�ons.

Proposer shall submit reference names and contact informa�on. By providing these references, Proposer agrees they may be contacted and asked the following ques�ons:

• For what type of Services did you engage Proposer?

• With which aspect(s) of Proposer’s Services are you the most sa�sfied? Least sa�sfied?

• How likely would you be to use Proposer’s Services again?

Agency will make three atempts to contact each of the references provided by the Proposer. If these atempts are unsuccessful, the Proposer will receive a score of zero for that reference.

Submit a detailed Price Proposal (Atachment E) in a separate atachment electronically through OregonBuys.

The Price Proposal must contain:

• Requested hourly rate, including any separate fee for travel �me.

o Travel is not an�cipated for this Contract; however, please add it to your fee structure.

https://oregon.public.law/statutes/ors_chapter_192 https://oregon.public.law/statutes/ors_chapter_192

DAS Procurement Services, Version 4.5 March 31, 2023 Page 13 of 20

Specify Key Persons to be assigned to this Project and include a current resume for each Key Person that demonstrates the person’s qualifica�ons and experience for the work described in this RFP.

The RFP and atachments are published in the State of Oregon’s electronic Procurement system, OregonBuys, at htps://oregonbuys.gov/. Documents will not be mailed to prospec�ve Proposers.

Modifica�ons, if any, to this RFP will be made only by writen Addenda published in OregonBuys. Prospec�ve 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.

By submi�ng a Proposal, each Proposer thereby agrees that it accepts all risks and waives any claims that may be associated with or related its failure to obtain any Addendum, Addenda, or informa�on therein.

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

All inquiries, whether rela�ng to the RFP process, administra�on, 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;

• Reference the OregonBuys Bid number;

• Iden�fy Proposer’s name and contact informa�on;

• Refer to the specific area of the RFP being ques�oned (i.e., page, sec�on, and paragraph number); and

• Be received by the due date and �me for Ques�ons/Requests for Clarifica�on iden�fied in the Schedule in Sec�on 1.2.

Prospec�ve Proposer may submit a writen protest of anything contained in this RFP, including but not limited to, the RFP process, specifica�ons, Scope of Work, and the proposed sample Contract. This is prospec�ve Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda(s) as provided below and Proposer may take excep�on to the terms and condi�ons of the sample Contract marked as nego�able as set forth in Sec�on 5: Award and Nego�a�on.

Prospec�ve Proposer may submit a writen protest of anything contained in an Addenda. Protests to an Addenda, if issued, must be submited by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Addenda or the date/�me specified in the Addenda, or they will not be considered. Protests of maters not added or modified by the Addenda will not be considered.

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys Bid Solicita�on number;

• Iden�fy prospec�ve Proposer’s name and contact informa�on;

• Be sent by an authorized Representa�ve;

• State the reason for the protest, including:

https://oregonbuys.gov/

DAS Procurement Services, Version 4.5 March 31, 2023 Page 14 of 20 o The grounds that demonstrate how the Procurement Process is contrary to law, unnecessarily restric�ve, Legally Flawed, or improperly specifies a Brand Name; and o Evidence or documenta�on that supports the grounds on which the protest is based; and

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

• Protest to the RFP must be received by the due date and �me iden�fied in the Schedule in Sec�on 1.2.

• Protests to an Addenda must be received by the due date iden�fied in the Addenda.

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 submited by any means not authorized below will be rejected. The following delivery op�ons are permited for this RFP:

Delivery through OregonBuys

Proposal submission should be submited electronically through OregonBuys at: OregonBuys.gov. Detailed instruc�ons on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicita�on Response.pdf

If a Proposer wishes to make modifica�ons to a submited Proposal, the Proposer must submit its modifica�on in one of the authorized methods listed in Sec�on 4.5 (Proposal Delivery Op�ons). To be effec�ve, the modifica�on must include the OregonBuys Bid Solicita�on number and be submited to the SPC prior to Opening.

If a Proposer wishes to withdraw a submited Proposal, it must submit a writen no�ce signed by an authorized representa�ve of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 137-047- 0440. To be effec�ve, the no�ce must include the OregonBuys Bid Solicita�on number.

A Proposal (including all required submital items) must be received by the SPC on or before Opening. All Proposal modifica�ons or withdrawals must also be received prior to Opening. A Proposal received a�er Opening is considered LATE and will NOT be accepted for evalua�on. A late Proposal will be returned to the Proposer or destroyed.

Note: Agency will be accep�ng and opening Proposals for an extended period. The Opening date listed is the last date a Proposer could submit for this RFP. Proposals arriving sooner will be evaluated sooner.

There will not be a public Opening held for this RFP. Proposals received will not be available for inspec�on un�l a�er the evalua�on process has been completed and the No�ce of Intent to Award is issued pursuant to OAR 125-247-0630.

However, DAS SPS will record and make available the iden�ty of all Proposers a�er Opening.

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

• Proposer fails to substan�ally comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representa�ve 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 representa�ves, such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer atempts to influence a member of the Evalua�on Commitee.

• Proposal is condi�oned on Agency’s acceptance of any other terms and condi�ons or rights to nego�ate any alterna�ve terms and condi�ons that are not reasonably related to those expressly authorized for nego�a�on in the RFP or Addenda(s).

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11316 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11316 https://oregon.public.law/rules/oar_125-247-0630 https://oregon.public.law/statutes/ors_279B.110

DAS Procurement Services, Version 4.5 March 31, 2023 Page 15 of 20

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Sec�on 3.1 (Proposer Requirements) and Sec�on 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarifica�on from Proposer. However, clarifica�on 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 137-047-0470.

Agency will determine if an apparent successful Proposer is Responsible prior to Award and execu�on of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry Form (Atachment G) within 5 Business Days of receipt of Intent to Award No�ce.

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

Proposals mee�ng the requirements outlined will be evaluated by an Evalua�on Commitee of three (3) to ten

(10) Agency staff as specified in Sec�on 1.2 Schedule.

At the discre�on of the review commitee, an outside expert may be called in to evaluate and clarify the technical merit of the Proposals to the commitee.

SPC may request further clarifica�on to assist the Evalua�on Commitee in gaining addi�onal understanding of Proposals. A response to a clarifica�on request must be to clarify or explain por�ons of the already submited Proposal and may not contain new informa�on not included in the original Proposal.

The evalua�on process will determine whether a proposal meets the requirements of the RFP, and to what extent.

Proposals will be evaluated by an Evalua�on Commitee. Evaluators will assign a score of 0 to 10 for each evalua�on criterion listed.

Proposer may receive a score up to the maximum point value given a�er each sec�on �tle. For example, in the first sec�on below, a Proposal may be scored as high as 50 if it receives a score of 10 in each criterion under that heading.

SCORE EXPLANATION

OUTSTANDING – Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject mater and Project. The Proposer provides insight into its exper�se, knowledge, and understanding of subject mater.

6-9 VERY GOOD – Response provides useful informa�on, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no addi�onal informa�on put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject mater.

0 RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject mater.

Each Proposal mee�ng all Responsiveness requirements will be independently evaluated by members of an Evalua�on Commitee. Evalua�on Commitee members may change, and Agency may have addi�onal or fewer https://oregon.public.law/rules/oar_137-047-0470

DAS Procurement Services, Version 4.5 March 31, 2023 Page 16 of 20 evaluators for op�onal rounds of compe��on. Evaluators will assign a score for each evalua�on criterion listed below in Sec�on 4.10.3 up to the maximum points available as specified in Sec�on 4.11 (Point and Score Calcula�on).

SPC may request further clarifica�on to assist the Evalua�on Commitee in gaining addi�onal understanding of a Proposal. A response to a clarifica�on request may only clarify or explain por�ons of the already submited Proposal and may not contain new informa�on not included in the original Proposal.

• How well does the Proposal demonstrate that the Proposer’s prior work includes the specific deliverables and ac�vi�es in the Scope of Work?

• How well does the Proposal demonstrate that the Proposer has all required experience and skills listed in Sec�on 3.1 – Proposer Requirements?

• How well does the Proposal demonstrate that the Proposer has the addi�onal and strongly preferred experience listed in Sec�on 3.1.2?

• How well does the Proposer’s proposed approach to Sec�on 2.5 Scope of Work demonstrate that the Proposer will provide the services necessary?

• How well does the proposed approach correspond to Sec�on 3.1.2: Approach to Scope of Work?

• Is the Proposer able to dedicate an individual that can work through a mul�-year project from start to finish, not dividing the work among a group of individuals?

• Is the Proposal clear, well organized, on topic, and compelling?

• Price Proposal must include the hourly rate for personnel, with separate lines for travel and any administra�ve or overhead charges.

• Is the Price/Fee structure equal to or lower than the Agency Maximum Desired Hourly Rate?

• Proposers may submit higher than Agency Maximum Desired Hourly Rate, but doing so will affect the Price Proposal Score.

The SPC will conduct the price evalua�on. The SPC will Award a price score to each Price Proposal based upon the proposed hourly rate in rela�on to the Agency Maximum Desired Hourly Rate using the following formula:

Agency Maximum Desired Hourly Rate ($210/HR) X Possible Points = Price Score (up to 20 Points) Proposed Hourly Rate

TOTAL POINTS POSSIBLE: 110

4.10.3.1 EXPERIENCE AND SKILL 50

4.10.3.2 PROPOSED APPROACH TO THE SCOPE OF WORK 20

4.10.3.3 QUALITY OF PROPOSAL 20

4.10.4 PRICE PROPOSAL 20

The SPC will average all scores for each evalua�on criterion. The average score will be used as a percentage mul�plier of the maximum points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc.

Example:

DAS Procurement Services, Version 4.5 March 31, 2023 Page 17 of 20

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 mul�plier to the possible points of 50. 50 Mul�plied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

The SPC will average the scores for each Proposal in a given round of compe��on (calculated by totaling the points awarded by each Evalua�on Commitee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s Price Score.

The SPC will determine the score of each Proposal. If the Proposal score is equal to or greater than 70% of the possible score points (equal to or greater than 77 Points), the Proposer will be included in the Qualified Due Diligence Pool.

Agency, if it includes a Proposer in the Pool, may award a Contract to the Proposer based on the Proposer Selec�on Methodology in Sec�on 5.4.2. Agency may Award less than the full Scope of Work described in this

RFP.

Agency will no�fy all Proposers in wri�ng that Agency intends to Award a Contract to the selected Proposer(s) subject to successful nego�a�on of any nego�able provisions.

An affected Proposer shall have 7 calendar days from the date of the Intent to Award no�ce to file a writen 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 protes�ng 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 evalua�on of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discre�on in rejec�ng the protestor’s Proposal as non-Responsive.

• Agency’s evalua�on of Proposal or determina�on of Award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evalua�on process and Intent to Award protest period and proceed with Contract Nego�a�ons and Award.

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys Bid Solicita�on number;

• Iden�fy Proposer’s name and contact informa�on;

• Be signed by an authorized representa�ve of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award no�ce.

https://oregon.public.law/statutes/ors_279b.410 https://oregon.public.law/statutes/ors_chapter_279B https://oregon.public.law/statutes/ors_chapter_279A

DAS Procurement Services, Version 4.5 March 31, 2023 Page 18 of 20

Agency will address all �mely submited protests within a reasonable �me and will issue a writen decision to the respec�ve Proposer. Protests that do not include the required informa�on may not be considered by

Proposer(s) who are selected for a Contract award under this RFP will be required to submit addi�onal informa�on and comply with the following:

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as nego�ated. Insurance Requirements are found in Exhibit B of Atachment A (Sample Contract).

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

If selected for Award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before execu�ng the Contract. Visit htp://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry informa�on.

Prior to award, Proposer shall be required to complete and submit Atachment G – Responsibility Inquiry.

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

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

As a condi�on of receiving the award of a Contract under this RFP, Proposer must cer�fy by its Signature on Atachment C – Proposer Informa�on and Cer�fica�on Sheet, in accordance with ORS 279A.112, that it has in place a policy and prac�ce of preven�ng sexual harassment, sexual assault, and discrimina�on against employees who are members of a protected class. The policy and prac�ce must include giving employees a writen no�ce that the policy both prohibits, and prescribes disciplinary measures for, conduct that cons�tutes sexual harassment, sexual assault, or unlawful discrimina�on.

A�er selec�on of a successful Proposer, Agency may enter into Contract Nego�a�ons with the successful Proposer. By submi�ng a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and condi�ons of the Sample Contract (Atachment A), with the excep�on of those terms listed below for nego�a�on.

Proposer shall review the atached sample Contract and note excep�ons.

Proposer must submit those excep�ons to Agency during the Ques�ons / Request for Clarifica�on period set forth in Sec�on 1.2. if Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Addenda to no�fy Proposers of such changes. Unless Agency issues an Addenda modifying any of the terms http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx https://oregon.public.law/statutes/ors_279b.110 https://oregon.public.law/statutes/ors_279A.112

DAS Procurement Services, Version 4.5 March 31, 2023 Page 19 of 20 and condi�ons, Agency intends to enter into a Contract with the successful Proposer substan�ally in the form set forth in the Sample Contract (Atachment A).

Following the selec�on of the apparent successful Proposer, Agency may agree to nego�ate changes to the nego�able provisions of the sample Contract listed below.