S63500 00014032 RFP revised.pdf

RFP S-63500-00014032 Page 1 of 20 Archaeologist for 2025 Cultural Resource Surveys for BPA Funded Screen and Passage Sites

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Request for Proposals (RFP)

RFP S-63500- 00014032

ARCHAEOLOGIST 2025 CULTURAL RESOURCE SURVEYS FOR

BPA FUNDED SCREEN AND PASSAGE SITES

Date of Issue: June 03, 2025

Opening Date and Time: June 26, 2025

Single Point of Contact (SPC): Kathy Blehm

Address: 4034 Fairview Industrial Drive SE City, State, Zip Salem, Oregon 97302 Phone: 503-509-1322 E-mail: Kathy.m.blehm@odfw.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.

RFP S-63500-00014032 Page 2 of 20

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 BACKGROUND

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

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

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 ADDITIONAL ROUNDS

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, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

RFP S-63500-00014032 Page 3 of 20

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D RESERVED

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

RFP S-63500-00014032 Page 4 of 20

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Fish and Wildlife, (“Agency” or “ODFW”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for services of a Archeologist in support of 2025 Cultural Resource Surveys for BPA Funded Screen and Passage Sites.

Full details on the Scope of Work are included in Attachment A Sample Contract, Exhibit A Statement of Work.

Agency anticipates the award of one Contract from this RFP.

1.2 SCHEDULE

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

Event Date Time

Questions / Requests for Clarification Due June 12, 2025 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) June 17, 2025

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) July 03, 2025

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

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(6)(n) and ORS 496.146(11).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, RFP S-63500-00014032 Page 5 of 20 including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 137-046-0110 or as defined below.

Terminology specific to the OregonBuys system may be found throughout the OregonBuy website at https://oregonbuys.gov/bso/ .

2.3 OVERVIEW AND BACKGROUND

2.4 The Oregon Department of Fish and Wildlife (OWNER) has proposed implementing projects to replace/install twenty-three (23) fish screens and/or passage and habitat structures at various locations in Grant, Wallowa, and Wheeler counties. Because the project will be accomplished using funding provided by the Bonneville Power Administration (BPA), a cultural resource inventory is necessary to assist BPA in fulfilling the requirements of Section 106 of the National Historic Preservation Act. Each fish screen is located at an irrigation diversion that receives water from a nearby stream. Fish passage structures may include diversion dam removals, addition of fish passage to diversion dams, siphons or artificial barrier removals such as culverts, log jams, etc.

Twenty-three locations have been identified for this portion of the project. Each project could consist of a concrete or pre-fabricated steel structure with metal components. The area of potential effects (APE) has been defined by a polygon placed on a Google Earth image and will include a buffer of no more than ½ acre around the location of each fish project. Heavy equipment will be utilized to dig, grade, remove soil from the area proposed to replace or install each project and because in the case of new fish screens/passage/habitat structures the precise location where the screen will be installed could shift slightly.

The type of survey being contracted is Phase I Archaeological Investigation with Technical Report (Archaeology) and they will also document and evaluate built environment resources as needed. The cultural resource surveys will be conducted and documented in accordance with BPA and Oregon State Historic Preservation Office (SHPO) requirements. Methods will focus on three closely related tasks; literature review, and background research, pedestrian survey and subsurface exploratory probing, and archaeological investigation, built environment documentation/evaluation and reporting as outlined below in Part III.

Project Location

The fish project structures are in Grant, Wallowa and Wheeler counties. Coordinates of each structure are contained in Figure 1 on page 5. Area of Potential Effect (APE) maps will be provided that delineate the survey areas.

Excavation Permit

The Area of Potential Effects (APE) is on private land and on land owned by ODFW. The Consultant, in discussion with the primary ODFW contacts, will determine if an archaeological permit is necessary. If required, the Consultant will be responsible for obtaining an https://oregonbuys.gov/bso/

RFP S-63500-00014032 Page 6 of 20 archaeological permit with the State Historic Preservation Office (SHPO).

If cultural materials are discovered: If cultural materials are discovered during the implementation of a project, work within the immediate area must stop and the significance of the materials must be evaluated and adverse effects resolved before the project can continue (36 CFR 800.13(b)(3)). The Post Review Discovery of Cultural Resources Procedure form outlines the steps to be taken and notifications to be made.

2.5 SCOPE OF WORK/SPECIFICATIONS

A detailed Scope of Work to include the Task Descriptions and required Deliverables is outlined in Attachment A Sample Contract Exhibit A Scope of Work.

The archaeological tasks included in the Scope of Work must be overseen by professional staff who meet the Secretary of the Interior's professional standards for Archaeology (36 CFR 61, Appendix A) and have demonstrated experience in the Columbia Plateau cultural area. Curricula Vitae of Principal Investigators and Field Supervisors will be included with Proposals. See RFP Section 3.2.4.

The resulting Contract is anticipated to be effective from date of last signature and terminate December 31, 2025. Contingent upon Contracting Agency’s need and Consultant’s performance, Contracting Agency may elect to amend the Contract for additional time as necessary. The successful Consultant shall perform its obligations through final completion of all Services required under the Contract.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Submissions

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

• Proposal

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons and Curricula Vitae

3.1.2 Proposal Page Limits

Proposal is limited to 12 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

RFP S-63500-00014032 Page 7 of 20

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal – submitted as a separate electronic file

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons and Curricula Vitae

3.1.3 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 found on website at 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.

3.1.4 Authorized Representative

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

3.2 PROPOSAL REQUIREMENTS

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

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

3.2.1 Proposer Information and Certification Sheet

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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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.

3.2.2 Reserve

3.2.3 Price Proposal

Submit a detailed Price Proposal (Attachment E) in a separate file Electronically though OregonBuys.

3.2.4 Project Implementation Plan

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

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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

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

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will 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 OregonBuys bid number;

• Identify Proposer’s name and contact information;

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

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

https://oregonbuys.gov/

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4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

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

4.4.2 Protests to Amendment(s)

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

Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

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

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

4.5 PROPOSAL DELIVERY OPTIONS

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

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Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys. at:

https://oregonbuys.gov/bso/.

Detailed instructions on how to submit a Proposal can be found on the OregonBuys website at https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20S olicitation%20Response.pdf .

In the event the Proposer is unable to successfully submit its Proposal through OregonBuys, the Proposer must notify the SPC and provide an explanation of the Proposer’s inability to submit its Proposal through OregonBuys, and then, if appropriate, must successfully submit its Proposal to the SPC via email (at the email address provided on the RFP cover page) by the Opening date/time stated on the cover page of this RFP, or as it may be extended by Addenda.

Proposer must be registered in OregonBuys to submit a Proposal.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposal may be modified before the Opening Date by (i) uploading a new Proposal in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button or (ii) in Writing via an email to the SPC (at the email address provided in RFP cover page) from the authorized representative stating that the modifications amend and supersede the prior Offer. 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 through OregonBuys, the Proposer must do so by (i) using the “Withdraw Quote” button in OregonBuys and also uploading a document prepared on Proposer’s letterhead and signed by the authorized representative; or (ii) submitting via email to the SPC (at the email address provided on the RFP cover page) a Proposal withdrawal document prepared on Proposer’s letterhead and signed by the authorized representative.

To be effective the notice must be submitted prior to Opening date and time, in accordance with OAR 137-047-0440, and 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 RESERVED

4.9 PROPOSAL REJECTION

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

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

RFP S-63500-00014032 Page 11 of 20 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 and Responsibility Determination

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 Submission Requirements. If the Proposal is unclear, the SPC may request clarification from Proposer.

However, clarifications may not be used to rehabilitate a Nonresponsive proposal. If the SPC finds the Proposal Nonresponsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.10.1.2 Responsibility Determination

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

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

4.10.2 Evaluation Criteria

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 matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, 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 additional information put forth by the Proposer.

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

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

4.10.2.1 Cover Letter (5 points)

The Cover letter should address the Proposer’s willingness and commitment, if selected to provide the services offered and a brief description of why the Proposer believes it should be selected. The letter should include the name of the firm and the name, title, telephone number, and email address of the individual(s) authorized to represent the Proposer with respect to the RFP, Proposal, and any resulting contract negotiations. The letter must be signed by the Proposer, if an individual, or a legal representative of the Proposer’s entity authorized to bind the entity in contractual matters. The letter must include a statement that Proposer agrees to accept the terms and conditions of the contract provisions.

4.10.2.2 Proposer Experience, Key Personnel, and Qualifications (25 points)

The archaeological tasks must be overseen by professional staff who meet the Secretary of the Interior's professional standards for Archaeology (36 CFR 61, Appendix A) and have demonstrated experience in the Columbia Plateau cultural area. Curricula Vitae of Principal Investigators and Field Supervisors will be included with Proposals (Section 3.2.4).

Proposer should provide an overview of Proposer’s experience and qualifications with respect to the delivery of the Services described in this RFP. Proposer should list individual team members and subconsultant team members the Proposer proposes to assign to or utilize for the Services. Response must describe knowledge and past experience in the Columbia Plateau Cultural Area and general vicinity of the project area. Provide any applicable experience and certifications, and include a current resume for each (not to exceed two (2) pages each). (Note

– Curricula Vitae are not included in the Proposal page count).

4.10.2.3 Understanding of Requested Services, Approach, and Implementation (15 points)

Proposer should describe its understanding of the intent and the requirements of the Services being requested in this RFP, the scope of the Services and its overall plan to complete the Services in support of the Project (Section 3.2.5).

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

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 matter.

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Proposer should describe the firm’s management and organizational structure, and how that structure aids the delivery of the Services sought – including the firm’s chain of command.

Proposer should describe its methods of coordinating and expediting all elements to meet delivery schedules without sacrificing quality. Proposer should describe its approach to adjusting schedules when needed or adjusting its level of effort in order to meet a schedule while staying within a stated budget.

4.10.2.4 Statement of Work (25 points)

Utilizing the baseline document found in Attachment A Sample Contract, Exhibit A Statement of Work, Proposer should develop its proposed Statement of Work by adding sufficient detail to included items and eliminating those not needed. The Statement of Work should include and describe in sufficient detail all work and services required by this RFP and should address all design considerations and requirements described therein.

Proposer shall demonstrate an understanding of the project area and regional history and incorporate that knowledge into the proposal and research expectations.

4.10.2.5 DEI Values and Practices (5 points)

Pursuant to Executive Order 22-15, Contracting Agency is considering Proposer’s DEI values and practices as part of this evaluation. Please describe Proposer’s DEI values and practices.

Note: Please do not include any information contained within the Certified Disadvantaged Business Form and Outreach Plan addressed in Section 7.0 and Attachment F to this RFP, as this evaluation criterion is separate and apart from that requirement. The Certified Disadvantaged Business Outreach Plan will not count towards the available points for this evaluation criterion.

4.10.2.6 Required forms (Pass/Fail)

a. Proposer Information and Certifications Form (Attachment C)

b. Certified Business Firm (“COBID”) Outreach Plan (Attachment F)

c. Responsibility Inquiry Form (Attachment G)

4.10.3 PRICE EVALUATION (25 points)

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

4.10.4 PREFERENCES

4.10.4.1 RESERVED

4.10.4.2 RESERVED

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

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4.10.4.3 Recycled Materials

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

4.10.4.4 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

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

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

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

EXAMPLE:

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

4.12 RANKING OF PROPOSERS

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

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

TOTAL POINTS POSSIBLE: 100

4.10.2.1 Cover Letter 5

4.10.2.2 Proposer Experience, Key Personnel, and

Qualifications 25

4.10.2.3 Understanding of Requested Services, Approach, and

Implementation 15

4.10.2.4 Statement of Work 25

4.10.2.5 DEI Values and Practices 5

4.10.2.6 Required Forms Pass/Fail

4.10.3 Price 25

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

NEXT STEP DETERMINATION

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

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.12.1 Competitive Range Determination

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

4.13 ADDITIONAL ROUNDS

If the Agency determines it to be in the Agency’s best interest to proceed with additional rounds of competition, the following are options available to the Agency:

Interviews

Proposers progressing will be invited to participate in Proposer interviews. Interviews may be in person at a location determined by Agency; however, Agency may elect to conduct interviews via teleconference. Further details will be included with Notice of Competitive Range.

Best and Final Offers

Proposers in the Competitive Range may submit Best and Final Offers. The written Best and Final Offer (“Revised Proposal”) must be submitted by the deadline to be determined and must be delivered to the Single Point of Contact. LATE REVISED PROPOSALS WILL NOT BE ACCEPTED.

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

Best and Final Offer Requirements will be determined by the Agency if this option is chosen.

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are Nonresponsive.

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

• Agency abused its discretion in rejecting the protestor’s Proposal as Nonresponsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

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

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

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

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a

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Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

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

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

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

5.3.4 RESERVED

5.3.5 Pay Equity Certification

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

Proposer must provide this certification, prior to execution of the Contract and as stated in ORS 279B.110(2)(f).

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.

5.4 CONTRACT NEGOTIATION

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

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5.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes.

Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

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

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

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

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 10 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

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

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

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Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.3 GOVERNING LAWS AND REGULATIONS

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

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

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

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

6.6 COST OF SUBMITTING A PROPOSAL

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

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

6.8 RECYCLABLE PRODUCTS

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

3.2 PROPOSAL REQUIREMENTS