S-DASOBO-00001174_RFP Final.pdf

RFP [S-DASOBO-00001174] – [Engineering Services]

DAS Procurement Services, Version 4.4 – July 1, 2021 Page 1 of 19

STATE OF OREGON

COVER PAGE

Department of Administrative Services Procurement Services on behalf of Oregon Water Resources Department

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00001174 for

EXTREME ATMOSPHERIC RIVER PRECIPITATION

ENGINEERING SERVICES

Date of Issue: December 8, 2021

Opening Date and Time: January 10, 2022 10:00AM (PT)

Single Point of Contact (“SPC”): Shirley A. Smith, State Procurement Analyst

Address: 1225 Ferry St. SE U140 City, State, Zip Salem, Oregon 97301 Phone (voice) (971) 718-7428 Phone (fax) (503) 373-1626 E-mail: Shirley.smith@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.

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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 ............................................................................................................................Error! Bookmark not defined.

Section 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM PROPOSER QUALIFICATIONS

3.2 MINIMUM PROPOSAL/SUBMISSION 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 RANKING 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 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY POLICY

6.7 RECYCLABLE PRODUCTS

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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 E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G EXECUTIVE ORDER 20-04 (Informational Only)

ATTACHMENT H FORM OF CERTIFICATION

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon (“State”), acting by and through the Department of Administrative Services Procurement Services (“DAS PS”) on behalf of Oregon Water Resource Department, (“Agency” or “OWRD”), is issuing this Request for Proposals for engineering services for two project phases.

Phase 1 is for extreme atmospheric river precipitation analysis report. Phase 2 depends on resulting phase 1 report and review Hydro-meteorological Report (“HMR”) 57. Phase 1 and Phase 2 services are, hereinafter, collectively referred to as (“Services”)

The purpose of Phase 1 project is to develop a current understanding of the extreme precipitation possible in Oregon, and how this would change with specific climate related and measurable factors. This project is critical and urgent for safety of Oregonians, not just below dams, but in any location that could be affected by changes in extreme flooding. The analysis and report must improve our understanding of the mechanics of precipitation in an extreme atmospheric river event. This work is consistent with adaptation and evaluation of climate change, directly supports planning for these effects, and is consistent with the Governor’s Executive Order 20-04.

The purpose of Phase 2 is being developed but will have the principal investigators review Hydro-meteorological Report 57 (Probable Maximum Precipitation – Pacific Northwest States) for consistency with current understanding of atmospheric river meteorology, and to determine extreme precipitation for western Oregon locations.

Agency intends to enter into a contract with the winning Proposer only for Phase 1 Services.

Following the completion of a given phase, or at any time during the course of the resulting contract, Agency may, at its sole discretion:

• Amend the contract to add the next phase (or various elements), or

• Elect to complete subsequent phase tasks with in-house staff, or

• Assign subsequent phase tasks to another consulting firm.

Agency and Consultant shall negotiate the detailed tasks, deliverables, schedule, and costs for each phase Agency elects to add. Each added phase will be authorized only by written contract amendment with all required approvals and signatures.

The Contract shall expire, unless terminated or extended, 3 years from executed date of Contract.

The terms of the contract and continued services will be reassessed for Phase 2 of project.

Additional details on the scope of services and goods are included in the Scope of Work/Specifications section of this RFP, and in Exhibit A of the Sample Contract attached to this RFP as Attachment A.

DAS PS anticipates the award of one (1) contract from this RFP.

The initial term for Phase 1 of the Contract is anticipated to be concluded before June 30, 2023.

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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,” if present, denotes that event is not applicable to this

RFP.

Event Date Time

Pre-Proposal Conference N/A

Questions / Requests for Clarification Due December 30, 2021 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) January 4, 2022

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal January 10, 2022 10:00 AM

Issuance of Notice of Intent to Award (approx.) January 17, 2022

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

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

DAS PS is issuing this RFP pursuant to its authority under Oregon Revised Statutes (“ORS”) 279A.050.

DAS PS is using a request for proposal selection process for this procurement, where the selection will be based on qualifications for “engineering services”, pursuant to ORS 279C.110, Oregon Administrative Rules (“OAR”) 125-248, OAR 137-048-and, specifically, OAR 137-048-0220.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in ORS 279A.010, ORS 279C.100, OAR 125-246-0110, OAR 137-048-0110 or are defined below.

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

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“EO 21-29” means Governor of the State of Oregon’s Executive Order 21-29 as may be amended, https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf.

”FAQ” means the Executive Order 21-29 Vaccination Requirements for State Contractors Frequently Asked Questions as may be amended.

ExecutiveOrder21-29_ContractorFAQ.pdf (oregon.gov)

For interpretation of provisions relating to EO 21-19:

a. The terms "Executive Branch," "COVID-19," "Fully Vaccinated," "Proof of Vaccination," "Employee," and "Worker" have the meanings defined in EO 21-19.

b. The term “Worksite” has the meaning defined in the FAQ.

2.3 OVERVIEW AND PURPOSE

2.3.1 Overview and Background

The project is to develop a current understanding of the extreme precipitation possible in Oregon, and how this would change with specific climate related and measurable factors. This project is critical and urgent for safety of Oregonians, not just below dams, but in any location that could be affected by changes in extreme flooding. The analysis and report must improve our understanding of the mechanics of precipitation in an extreme atmospheric river event.

This work is consistent with adaptation and evaluation of climate change, directly supports planning for these effects, and is consistent with the Governor’s Executive Order 20-04.

2.3.2 Purpose

The project results will be used to determine the accuracy of and potential need to update the National Weather Service’s HMR 57, a document used to determine extreme precipitation in Pacific Northwest States. It is the document used to begin analysis for the safety of a high hazard from overtopping in an extreme flood. Extreme precipitation associated with atmospheric rivers has been responsible for most of the widespread flood events that Oregon has experienced over time. This includes the floods of 1964 and 1996, and the more recent and localized flood emergencies around Pendleton and in the southern Willamette Valley.

Current methods for determining extreme flooding in Oregon do not consider atmospheric river meteorology. These current methods are decades-old, and pre-date understanding of and research on atmospheric rivers on the west coast. This is in contrast to the much better understanding of tropical storms and hurricanes on the east coast.

2.4 SCOPE OF WORK

There may be two, or possibly more, phases to this project. The resulting contract will be only for phase 1 Services. However, Agency reserves the right to modify the scope of Work in the resulting contract in its sole discretion. Phase 1 of the work must determine how extreme precipitation is influenced by ocean and air temperature, and other factors, especially those that could be measured over time for change. Phase 2 will be to have the principal investigators review Hydro-meteorological Report (“HMR”) 57 (Probable Maximum Precipitation – Pacific Northwest States) for consistency with current understanding of atmospheric river meteorology, and to determine extreme precipitation for western Oregon locations. Moreover, Agency, in its sole discretion, to add Services for Phase 2 if determined to be needed.

https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21-29_ContractorFAQ.pdf

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The Phase 1 Services will be focused specifically on west of the Cascade Mountain Crest in Oregon. The work will evaluate orographic effects of the Coastal and Cascade mountains. The boundaries of the study area north of Mount Hood goes to the east boundary of the Hood river watershed, and in southern Oregon goes to the east boundary of the Jenny Creek watershed.

This Phase 1 Services will require very specialized technical team members including, but not limited to those of the two key persons. Key persons for this project are the lead meteorology expert on atmospheric rivers as a consultant to the project to review methods proposed for the analysis and the lead project manager/engineer with expertise and experience in western states hydrology, especially as related to extreme flooding who will lead the team. State of the science meteorologic approaches must be used in performing the Services under the resulting contract. The Services include, but are not limited to, evaluation of historic storm records that are directly relevant to extreme precipitation in Oregon. The project may result in IGAs with instate and out of state institution of higher learning in addition to a consortium of professional engineering firms.

The final report from this Phase 1 project and the methodology will be used by OWRD Dam Safety Program staff to evaluate the safety of dams from overtopping failures due to Oregon specific extreme floods. Phase 2 requires more specific criteria and is under development.

Agency may move forward with phase 2 if needed.

This project must produce an interim Phase 1 report and propose a plan for completion of the project in Phase 2. The Phase 1 report must include, but is not limited to, the following:

1. Summarize atmospheric river precipitation mechanics understandable by water resource managers and engineers.

2. Complete methods to analyze maximum potential precipitation by orographic location. This must include rainfall intensities, durations, and geographic extent, and may be the result of more than a single storm.

3. Determine the effect of changes in air or ocean temperature or other directly measurable factors, and what locations are critical for these measurements.

4. Provide an initial review of HMR 57 for consistency with these atmospheric river related mechanisms.

5. Develop a scope of final work for determination of probable maximum precipitation associated with an atmospheric river by location within the study area.

The Contractor, by and through its key persons and team members, shall meet with the OWRD project manager(s) at the beginning of the project, and for at least one interim meeting to refine analysis methodology. The key persons, team members and the OWRD project manager will come to agreement on the project methodology. The interim and final reports will be reviewed by OWRD and other agency partners as appropriate.

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SECTION 3: PROCUREMENT REQUIREMENTS

Proposals must comply with all of the following Pass/Fail criteria to be considered for further evaluation.

Proposals with items in this section 3 and its subsection marked as “PASS/FAIL” that are incomplete (except for minor informalities), not submitted by Proposal Bid opening Date and time, or are otherwise not in substantial conformance with the requirement, shall be rejected as non-responsive.

3.1 MINIMUM PROPOSER QUALIFICATIONS (PASS/FAIL)

To be considered for evaluation, each Proposal must demonstrate how Proposer meets all requirements of this section:

1. Describe proposed methods to complete this work.

2. List the team members, including but not limited to those of the key persons and how much time each member will spend on the project.

3. Describe the expertise and experience of each team member, including but not limited to, those of the key persons.

4. Provide a list of relevant projects produced by team members, including but not limited to, those produced by the key persons.

3.2 MINIMUM PROPOSAL/SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions (PASS/FAIL)

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Evaluation Criteria section 4.10.2):

a. Executive Summary (4.10.2.8 Evaluation Item 8)

b. Administrative Proposal (4.10.2.7 Evaluation Item 7)

c. Technical Proposal (4.10.2.1 through 4.10.2.6 Evaluation Items 1, 2, 3, 4, 5, and

6)

d. Disclosure Exemption Affidavit (Attachment B) – submit 1 copy only

e. Proposer Information and Certification Sheet (Attachment C)

f. Reference Check Form (Attachment D)

g. COBID Certification / Outreach Plan (Attachment E) - submit 1 copy only

h. Key Persons List and Resumes

i. Summary information related to examples of successfully completed projects of similar size and complexity (Should align with information on Attachment D)

3.2.2 Proposal Page Limits

Each Proposal must be no longer than 15 pages. Any pages exceeding this limit will not be

DAS Procurement Services, Version 4.4 – July 1, 2021 Page 9 of 19 provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

a. Disclosure Exemption Affidavit (Attachment B)

b. Proposer Information and Certification Sheet (Attachment C)

c. Reference Check forms (Attachment D)

d. COBID Certification / Outreach Plan (Attachment E)

e. Key persons list and Resumes

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 should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal% 20Solicitation%20Response.pdf for electronic submission.

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

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

Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

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

3.2.4 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by DAS PS.

3.2.5 Proposer Information and Certification Sheet

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

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

3.2.6 References

Provide 3 references from current or former clients for similar services performed for any clients within the last 5 years. References must be able to verify the quality of previous, 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

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DAS PS may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. DAS PS may use references to obtain additional information, or verify any information needed. DAS PS 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.

3.2.7 Key Persons and their Resumes

Specify key persons (“Key Persons” or “Key Personnel”) to be assigned to perform these Services and include a current resume (not to exceed 2 pages each) for each individual key person that demonstrates the persons’ qualifications and experience for the engineering Services described. The persons for this project are the lead project manager/engineer and the lead meteorologist In the event that any Key Personnel or Sub-consultants become unavailable to Consultant, the Parties shall mutually agree upon an appropriate replacement. Without prior notice to and the written consent of the Agency, Consultant shall not: (i) re-assign or transfer any Key Person to other duties or positions, so that the Key Person is unable to fully perform his or her responsibilities under the Contract; (ii) allow any Key Person to delegate to anyone his or her performance of any management authority or other responsibility required under the Contract; or (iii) substitute any Key Person. Any of these actions by the Consultant shall constitute a material breach of the Contract. The Consultant shall remove any individual or Sub-consultant from the Project if so directed by Agency in writing following discussion with the Consultant, provided that Consultant shall have a reasonable time period within which to find a suitable replacement.

3.2.8 Implementation Plan for Services

Describe how Proposer would carry out the Services described in this RFP. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish Phase 1 Services and prepare for Phase 2 Services.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

https://oregonbuys.gov/

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4.2 PRE-PROPOSAL CONFERENCE

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

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via email

• Reference the RFP number

• Identify Proposer’s name and contact information

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposers may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Scope of Work, and the proposed Sample Contract. This solicitation protest process will be the prospective Proposers’ only opportunity to protest the provisions of the RFP, except that Proposers may protest Addenda as provided below and Proposers may take exception to certain provisions of the Sample Contract as more particularly described in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposers may submit a Written protest of anything contained in an Amendment.

Protests to an Amendment, if issued, must be submitted by 5 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys Bid number;

• Identify the prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

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

and

DAS Procurement Services, Version 4.4 – July 1, 2021 Page 12 of 19 o evidence or documentation that supports the grounds on which the protest is based; and

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

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

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

4.5 PROPOSAL DELIVERY OPTIONS

Proposers are solely responsible for ensuring their Proposals are received by the SPC in accordance with the RFP requirements before Opening. DAS PS 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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, it must submit its modification in OregonBuys. 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.

4.7 PROPOSAL DUE

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

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

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

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

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4.9 PROPOSAL REJECTION

DAS PS may reject a Proposal for any of the following reasons:

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

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

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

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

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

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness

4.10.1.1 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.

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and DAS PS 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 must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.2.1 Evaluation Item 1:

• Provide qualifications of advising/lead meteorologist.

4.10.2.2 Evaluation Item 2:

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• Provide qualifications of lead project manager engineer.

4.10.2.3 Evaluation Item 3:

• Explain the experience of team members including but not limited to those of key persons with quantitative precipitation mechanics.

4.10.2.4 Evaluation Item 4:

• Explain the experience of team members including but not limited to those of key persons with orographic effects analysis.

4.10.2.5 Evaluation Item 5:

• Explain the relevance of directly related projects produced by team members including but not limited to those of key persons.

4.10.2.6 Evaluation Item 6:

Explain clearly and specific’s regarding the work as it relates to Phase 1.

4.10.2.7 Evaluation Item 7:

• Provide schedule outlining dates for completion of Phase 1.

4.10.2.8 Evaluation Item 8:

• Provide an executive summary of directness and brevity of proposal.

4.10.3 PREFERENCES

4.10.3.1 Reciprocal Preference

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

4.10.3.2 Recycled Materials

DAS PS 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.

4.10.3.3 Tiebreakers

If DAS PS receives Proposals identical in fitness, availability and quality and chooses to award a Contract, DAS PS shall award the Contract in accordance with the procedures outlined in OAR 137-048-0230.

http://www.oregon.gov/DAS/EGS/ps/Pages/reciprocal.aspx

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4.11 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator. The maximum points possible for each evaluation item are listed in the table below.

TOTAL POINTS POSSIBLE 100

4.10.2.1 Evaluation Item No. 1 0-10

4.10.2.2 Evaluation Item No. 2 0-10

4.10.2.3 Evaluation Item No. 3 0-10

4.10.2.4 Evaluation Item No. 4 0-10

4.10.2.5 Evaluation Item No. 5 0-20

4.10.2.6 Evaluation Item No. 6 0-10

4.10.2.7 Evaluation Item No. 7 0-15

4.10.2.8 Evaluation Item No. 8 0-15

4.12 RANKING OF PROPOSERS

The SPC will total the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member).

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

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

5.1.2 Intent to Award Notice

DAS PS will notify all Proposers in Writing that DAS PS intends to award a Contract to the selected Proposer, subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

A Proposer is an Affected Offeror only if the Proposer would be eligible for Contract award in

DAS Procurement Services, Version 4.4 – July 1, 2021 Page 16 of 19 the event the protest was successful and is protesting for one or more of the reasons specified in OAR 137-048-0240, which provides as follows:

“A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Engineering Services described in the RFP.”

If DAS PS receives only one Proposal, DAS PS may dispense with the evaluation process and intent to award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

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

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Proposers shall secure and demonstrate to DAS PS proof of insurance as required in this RFP or as otherwise negotiated. Insurance Requirements are found in Exhibit C to the form of Contract included in Attachment A.

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

If selected for award, Proposer must be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Information about these requirements may be found at http://sos.oregon.gov/business/pages/register.aspx.

5.3.4 Responsibility Inquiry

http://sos.oregon.gov/business/pages/register.aspx

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Prior to award, Proposer shall be required to complete and submit Attachment F — Responsibility Inquiry.

5.3.5 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 DAS PS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

5.3.6 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.

5.3.7 Other Required Information

If selected for award of a Contract Proposer shall be required to certify during the term of the contract or the duration of EO 21-29, whichever expires or terminates first, that contractor has obtained Proof of Vaccination from all Workers providing goods or services at an Agency Worksite are Fully Vaccinated against COVID-19 or have met the requirements for an exception under paragraph 6 of EO 21-29. The definitions in Section 2.2 (“Special Definitions for Interpreting EO 21-19 Obligations”) apply to this paragraph. A form of certification with definitions is attached as Attachment H.

Other Items may be required from apparent successful Proposer prior to award of Contract.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiations

After selection of a successful Proposer, DAS PS may enter into Contract discussions with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including any requirements set forth in the terms and conditions of the Sample Contract (Attachment A).

Proposer shall review the attached Sample Contract and note exceptions.

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

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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Following the selection of the apparent successful Proposer, DAS PS may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, DAS PS 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.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200 and ORS 279A.100 – 279A.110, DAS PS 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: a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. DAS PS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, please 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 Disadvantages Business Outreach Plan (Attachment E) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed, construed, and enforced in accordance with the laws of the State of Oregon.

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

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

If selected for award of a Contract Proposer shall be required to certify during the term of the contract or the duration of EO 21-29, whichever expires or terminates first, that contractor has obtained Proof of Vaccination from all Workers providing goods or services at an Executive Branch Worksite are Fully Vaccinated against COVID-19 or have met the requirements for an exception under paragraph 6 of EO 21-29. The definitions in Section 2.2 of this RFP (“Special Definitions for Interpreting EO 21-19 Obligations”) apply to this paragraph. A form of certification with definitions is attached as Exhibit G.

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

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6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after DAS PS 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 DAS PS. 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 DAS PS.

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

DAS PS may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State, Agency, or DAS PS, as determined by DAS PS. Neither the State, Agency, nor DAS PS 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 rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the 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.

6.6 STATEWIDE E-WASTE/RECOVERY POLICY

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.

6.7 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 entered into.

http://www.oregon.gov/DAS/OP/docs/107-009-0050_%20E-Waste%20Policy_Final.pdf https://www.oregon.gov/das