W912JV22C3003 RFP - AERelated - Final 08152022.pdf

RFP W912JV22C3003 Page 1 of 52

State of Oregon

OREGON MILITARY DEPARTMENT

Issues the Following

REQUEST FOR PROPOSALS (“RFP”)

FOR

ARCHITECTURAL AND ENGINEERING RELATED SERVICES

Washington Ground Squirrel Surveys at Naval Weapons System

Training Facility

Boardman, Oregon

RFP Number W912JV22C3003

Date of Issuance: August 15, 2022

Proposals Due Date: August 31, 2022 at 2:00 PM (PT)

Issuing Office:

Address:

Single Point of Contact

Phone (voice)

E-mail

Oregon Military Department

1776 Militia Way SE

Salem, OR 97301-6888

Moya McKeehan, Contract Specialist

971-355-7880 moya.l.mckeehan.nfg@army.mil

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INSTRUCTIONS TO PROPOSERS:

PLEASE NOTE THE FOLLOWING:

1. PLEASE DO NOT SUBMIT YOUR OFFER ON THIS RFP INSTRUCTION FORM.

2. OFFEROR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE CONTENTS OF THIS

SOLICITATION. PLEASE READ AND FOLLOW THE INSTRUCTIONS CAREFULLY BEFORE

SUBMITTING YOUR OFFER.

3. THIS PROJECT HAS THE POTENTIAL TO EXCEED $25,000.00 AND IS FEDERALLY FUNDED:

OFFEROR MUST MEET THE FOLLOWING REQUIREMENTS:

1. PROVIDE A DATA UNIVERSAL NUMBERING SYSTEM (“DUNS”) NUMBER ON YOUR OFFER:

IF YOU NEED TO OBTAIN A DUNS NUMBER PLEASE GO TO THE FOLLOWING WEBSITE VIA

THE LINK PROVIDED BELOW:

http://fedgov.dnb.com/webform

2. EXCLUDED PARTIES LIST SEARCH (“EPLS”) COMPLETED BY OMD:

THE CONTRACTOR MUST BE CLEARED (“NO RESULTS” ON THE SEARCH) THROUGH THE

EPLS SYSTEM TO BE ALLOWED TO RECEIVE A FEDERALLY FUNDED CONTRACT. FOR

INFORMATION CONCERNING EPLS YOU MAY ACCESS THE WEBSITE VIA THE LINK

PROVIDED BELOW:

https://www.sam.gov/SAM/ http://fedgov.dnb.com/webform

RFP W912JV22C3003 Page 3 of 52

Table of Contents

Section 1: Purpose and General Information

1.1 Introduction and Background

1.2 Initial Contract Term

1.3 Schedule

1.4 Definitions

1.5 Scope of Work

1.6 Single Point of Contact

1.7 OregonBuys System

1.8 Pre-Proposal Conference and Additional Site Access

Section 2: Proposal Requirements

2.1 Minimum Proposal Requirements

2.2 Administrative Proposal Requirements

2.3 Technical and Cost Proposal Requirements

2.4 References

Section 3: Solicitation Process

3.1 Procurement Authority and Method

3.2 [Reserved]

3.3 Clarifications, Modifications and Protests Relating to the RFP, Contract Provisions or Specifications

3.4 Submission of Proposals

3.5 Withdrawal of Proposals

3.6 Opening of Proposals

3.7 Evaluation and Award

3.8 Public Information, Confidentiality, and Trade Secrets

3.9 Cost of Preparing Proposals

3.10 Reservation of Agency Rights

3.11 Sample Contract

3.12 No Agency Contractual Obligation

Section 4: Evaluation and Award

4.1 Evaluation Process

4.2 Evaluation of Minimum Requirements and Financial Statement/Fiscal Stability (Responsive or Non Responsive)

4.3 Evaluation of Technical Proposal (Scored)

4.4 Evaluation of Cost Proposal (Scored)

4.5 Reference Checks for Proposer (Responsive/Non-Responsive or Scored (optional at Agency’s discretion))

4.6 Ranking of Proposals

4.7 Award Notification and Process

Section 5: Attachments

Attachment A: Proposal Cover Sheet

Attachment B: Sample Contract

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Section 1: PROJECT INFORMATION

1.1 Introduction and Background

Project Owner

The National Guard is found in both the United States Constitution and the Oregon Constitution. The tradition and history of the Oregon National Guard was grounded on the basis of its mission statement; "A ready force equipped and trained to respond to any contingency. When we are needed, we are there." The Oregon Army National Guard (“ORARNG”) is the ground component of the Oregon National Guard.

The purpose of the Oregon Military Department (“OMD”, “Agency”, or “Owner”) is to administer, house, equip and train the

Oregon National Guard to act as a ready force to support the Governor during unrest or natural disaster and to act as a reserve force to the United States Air Force and the United States Army. This mission is accomplished through a combination of federal and State of Oregon (“State”) programs and funds.

The Installations Division of the Oregon National Guard implements projects and contingency plans to minimize potential impacts from terrorism, disaster, catastrophic accidents, explosions, strikes, and similar events that could jeopardize mission effectiveness.

OMD manages approximately 3.3 million square feet of building area with nearly 400 buildings located at 44 sites across the

State. Types of buildings include readiness centers, maintenance facilities, warehousing, storage, aviation facilities, administrative space, and training site facilities. Energy and utility systems must be secure, must be able to withstand a disaster, and must be sustainable for business continuity during a disaster.

OMD facilities support the effort of the ORARNG to provide the State with a well-trained and relevant soldier force capable of providing leadership and support. These facilities need to be conceptually strong in order to foster new ideas and represent

OMD well to the public. Located throughout the State, the facilities need to be site specific in order to face a full spectrum of climatic and topographical variation. OMD facilities must be humane and enhance the experiential qualities of their users.

The facilities need to be designed in a progressive manner to keep the Agency relevant and to promote the message of a forward-looking organization in order to attract the most talented labor force possible. In support of these goals OMD strives to promote the highest design ideals possible along with the prudent expenditure of public funding available.

Project Background:

The Rees Training Center (“RTC”) is a National Guard Training Center located within the previous Umatilla Chemical

Depot installation boundary near Hermiston, Oregon. The Camp has two primary functional areas: cantonment and training.

The cantonment area consists of roughly 47 permanent and semi-permanent buildings. Construction dates for these buildings range from the early 1940’s to 2020. The cantonment area provides facilities for troop housing, dining, maintenance, headquarters, administration, and storage in addition to recreation areas.

The training area has approximately 20 buildings and 420 bunkers located within five bunker areas dating back to the early

1940’s as part of the Umatilla Chemical Depot. The ORARNG built small-arms firing ranges and range support buildings in

2011.

RTC has an additional training area at the Boardman Training Site, which is a part of the Naval Weapons System Training

Facility (“NWSTF”), located at 76966 Bombing Range Road, Boardman, Oregon. Access for the Boardman Training Site is off Tower Road in Morrow County.

Project (“Project”) Summary

The purpose of the Project is to conduct pre-construction and post-construction surveys for Washington Ground Squirrels

(“WGS”) at the NWSTF. The pre-construction surveys are intended to provide new baseline data on WGS burrow entrance density prior to construction of a Multi-Purpose Machine Gun Range (“MPMGR”), a 415 acre area located in the west central portion of the NWSTF. Two pre-construction surveys will be conducted in calendar years 2023 and 2024. Methodology must include sampling to determine WGS indices prior to and after development and use of the MPMGR.

Agency’s intent is to award a single contract to the successful Proposer pursuant to this RFP.

Project Site (“Site” or “Project Site”)

Boardman Training Site

Naval Weapons System Training Facility

RFP W912JV22C3003 Page 5 of 52

76966 Bombing Range Road

Boardman, Oregon 97818

The NWSTF is being actively used by Oregon Military Department personnel and personnel from other agencies. The

Consultant shall be responsible for following all NWSTF access requirements, as they may change from time to time. The Consultant shall schedule and coordinate all Site visits with OMD’s Project Manager.

Compliance with the OMD Contractor and Visitor Safety In Briefing Policy for the RTC and a valid photo identification in compliance with the REAL ID regulations are required for ALL individuals. See Exhibit H to the Sample Contract included as Attachment B to the RFP, for the text of this policy. Consultant shall make this requirement known to all personnel requiring access. Consultant shall maintain an updated list of all individuals requiring access and periodically (at least weekly) provide the names of individuals needing access to the Site. OMD is not responsible for bidders or consultants who are turned away for improper identification or for failure to comply with the Contractor and Visitor Safety In Briefing Policy.

The Project Site and the area in the immediate vicinity of the Project Site is not located within an active or former firing range. The probability of encountering Munitions and Explosives of Concern (“MEC”) or Unexploded Ordnance (“UXO”) is low. If a MEC, UXO, or unknown metal fragment is encountered, recognize it as a potential MEC/UXO, retreat from it, and report it to NWSTF Range Control. Do not handle or disturb the item. Do not continue occupying, traversing or working in an area with suspected MEC/UXO until the NWTSF Range Control informs you it is safe to proceed. For all ground disturbance required to complete project tasks, including the placement of stakes, re-bar or pinflags, anomaly avoidance may be required. If necessary, up to four (4) magnetometers can be provided to the successful Consultant for use during performance of Services for the Project, in order to meet this requirement.

1.2 Initial Contract Term

The resulting contract (“Contract”) under this RFP is anticipated to start in September 2022. The initial Contract term for the pre-construction surveys is estimated to be for a period of two (2) years, commencing on the Effective Date of the Contract.

The Contract term may be extended for up to ten (10) years for post-construction surveys. See Section 1.3 below and Attachment B, Exhibit E, Critical Date Schedule for details.

1.3 Schedule

EVENT DATE and TIME

RFP Release – Date of Issuance August 15, 2022

Written Questions due by August 24, 2022 by 5:00 PM (PT)

Answers to Proposal Questions August 26, 2022 (estimated)

RFP Closing August 31, 2022 at 2:00 PM (PT)

Evaluation September 1, 2022 to September 7, 2022

Issuance of Notice of Intent to Award (approx.) September 7, 2022 (estimated)

Negotiations (approx.) September 8, 2022 to September 9, 2022 (estimated) Contract Award September 26, 2022 (estimated)

1.4 Definitions

In addition to any other terms that may be defined elsewhere in this RFP, the following terms as defined shall apply to this

RFP and to the resulting Contract, to the extent used in the Contract:

1.4.1 “Agency” or “Owner” or “OMD” means the Oregon Military Department.

1.4.2 “Consultant” (or “Contractor”) means the successful Proposer/party with which OMD contracts to perform the Services under this procurement.

1.4.3 “Contract” means the entire agreement for Services between the Consultant and the State, by and through

OMD, comprised of the provisions of the executed main contract document, and any terms and conditions contained in any exhibits, schedules, attachments and other provisions attached to and incorporated into the main contract document, and any amendments to the final form of the contract executed by the Parties.

1.4.4 “Contract Administrator” means the officer, employee, or other individual designated in Writing by OMD, by name or position description, to conduct Contract Administration of any resulting Contract in this procurement.

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1.4.5 “Offer” or “Proposal” means the complete document of the Proposer(s) submitted in response to this RFP, including the required forms and certifications.

1.4.6 "Proposer" means the individual or entity that submits a Proposal in response to this RFP.

1.4.7 “RFP” means this Request for Proposals.

1.4.8 “Scope of Work” means the general character and breadth of the Services to be performed by the Consultant, the purpose and objectives of the Services, and the Agency’s expectations for the Services. Examples of expectations include, if applicable, a description of the purchase, specifications, tasks (obligations), deliverables, delivery or performance schedule, and acceptance requirements. The Scope of Work helps the prospective

Proposers develop the Proposals.

1.4.9 “Statement of Work” means the specific provisions in the final resulting Contract which sets forth and defines in detail the agreed-upon Services to be performed by the Consultant, as well as the objectives, expectations, performance standards, and other obligations of the parties to the resulting Contract.

1.5 Scope of Work

The specific Services required by OMD under this RFP are more fully described in the sample Statement of Work (“SOW”) set forth in Exhibit A to the Sample Contract included as Attachment B to this RFP. The final form of the sample SOW that will be included as Exhibit A to any Contract resulting from this RFP will be discussed during negotiations of the final Contract by the Parties, but must be based on the sample SOW.

1.6 Single Point of Contact (“SPC”)

All questions, whether about the technical requirements of the RFP, Contract requirements, the procurement process, or any other aspect of the Project or the needed Services, must be directed only to the following person, who is identified as the

Single Point of Contact (“SPC”):

SPC Moya McKeehan, Contract Specialist

Oregon Military Department

1776 Militia Way SE

Salem, OR 97301-6888 Phone: (971) 355-7880

E-mail: moya.l.mckeehan.nfg@army.mil

1.7 OregonBuys System

1.7.1 REGISTRATION REQUIREMENT: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. All vendors must be registered in OregonBuys to do business with the State.

Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the

OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in

OregonBuys. OPRD shall not be responsible for defective registration or incorrect vendor information.

1.7.2 EXPLANATION OF TERMS USED IN OREGONBUYS.

• “Amendment” means “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the

Amendment.

• “Available Date” means RFP issue date for this RFP in OregonBuys.

• “Bid Opening Date” means “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes, Bids, Proposals or other required responses required by a Bid

Solicitation.

• “Bid Solicitation” means any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.).

Each Bid Solicitation has a separate page and ID number in OregonBuys.

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• “Change Order” means a formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

• “Master Blanket Purchase Order” (“MBPO”) means any form of parent contract/agreement (i.e.

price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

• “Purchase Order” means any form of project-specific contract (not awarded under an existing

MBPO).

• “Quote” means any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price

Proposals, or any other type of offer required by a Bid Solicitation.

• “Release Requisition” means any form of ordering instrument used under a MBPO; i.e. Purchase

Order, Work Order Contract.

• “Vendor” means any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid

Solicitations advertised in OregonBuys.

1.7.3 OBTAINING RFP DOCUMENTS: This RFP, RFP attachments and any Addenda and notices

(“Amendments” in OregonBuys) may be downloaded from the OregonBuys eProcurement system at:

https://oregonbuys.gov/bso. Contact the Purchaser identified in OregonBuys for this RFP if unable to access solicitation documents via OregonBuys.

Proposers are solely responsible for checking OregonBuys regularly until the Bid Opening Date and time specified in OregonBuys to assure that they have not missed any Addenda or other notices issued as “Amendments” in

OregonBuys for this RFP.

Proposer shall provide required information on the forms specified in this RFP. Any information Proposer submits that is not required to be included on forms prescribed by this RFP must be formatted in the manner called for in this

RFP and submitted on Proposer’s letterhead.

Proposer shall not make the Proposal contingent upon the OMD’s acceptance of Contract terms that conflict with or are in addition to those advertised in this RFP. Proposer must select “Yes” on the Terms & Conditions tab in

OregonBuys or the Proposal will be rejected.

1.7.4 RFP ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within this RFP, this RFP incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this RFP, including but not limited to:

• Details entered in the Header Information section;

• All RFP Attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

• Information, if any, entered in the “Questions” and “Item Information” sections.

1.8 Pre-Proposal Conference and Additional Site Access

1.8.1 PRE-PROPOSAL CONFERENCE:

There will be no Pre-Proposal Conference held for this RFP.

1.8.2 ADDITIONAL SITE ACCESS

There will be no additional Site access opportunities offered for this RFP.

1.8.3 SECURITY REQUIREMENTS:

All OMD facilities are governed by U.S. Homeland Security REAL ID compliance regulations

(https://www.dhs.gov/real-id). Valid Photo identification is required. Facility owners and staff are prohibited from accepting driver’s licenses or ID cards from non-compliant states or jurisdictions. Proposers are responsible for providing appropriate valid identification. OMD is not responsible for Proposers who are denied access for not having proper identification.

1.8.4 Contractor and Visitor Safety In Briefing Policy:

All Contractors and visitors to the facility are required to read and follow Rees Training Center’s Contractor and Visitor

Safety In Briefing Policy which is incorporated by reference in Exhibit H to the Sample Contract included as

Attachment B to the RFP.

https://www.dhs.gov/real-id

RFP W912JV22C3003 Page 8 of 52

In addition, an in-person safety brief administered at Boardman by NWSTF Range Control staff will be required for all contractors prior to starting work on-Site.

Section 2: Proposal Requirements

2.1 Minimum Proposal Requirements

Proposal must meet the minimum proposal requirements described in the Proposal Cover Sheet, Attachment A to the

RFP, in order to be responsive under Section 4.2 of the RFP.

Proposers must submit one (1) “original” Proposal bearing original ink signatures secured within an appropriately-sized 3 ring binder that is clearly marked “Original”. Proposer must separate technical and cost information into two sections in the binder.

Proposers must submit five (5) copies of their Proposals individually secured within additional appropriately-sized 3 ring binders.

Proposers must submit one (1) Compact Disc (“CD”) containing a digital copy of their “original” Proposal. Only a

CD is acceptable. Agency regulations prevent the use of other means.

All signatures and information provided on the Proposal Attachments must be completed by printing in ink or typed.

Proposers must submit Proposals in a sealed box or envelope. The box or envelope must clearly identify the Proposer name, the Project name, the Solicitation Number, the OregonBuys Number, and be addressed to the SPC identified in section 1.6.

Proposals received after the deadline will be rejected by OMD and returned to Proposers unopened.

Incomplete or Proposals not in substantial compliance with the RFP requirements may be deemed nonresponsive, and will not be considered. Proposals may not be supplemented after the Closing Date and time of the RFP. However, OMD may waive minor informalities and irregularities, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

2.2 Administrative Proposal Requirements

2.2.1 Proposal Cover Sheet.

The Proposer must complete, sign and submit the Proposal Cover Sheet (RFP - Attachment A) with its Proposal.

Proposals must address the proposal and submission requirements set forth in the RFP and must describe how the

Services will be provided. Proposals that merely offer to provide Services as stated in the RFP may be considered non-responsive and will not be further considered.

All Proposals must follow the format described in this Section. Proposals must respond to all elements of information requested, without exception. Proposal sections and pages must be appropriately numbered.

Proposals may use various headings, but must include at least the following headings in the following order and numbered as indicated below, followed by Proposer’s responses:

Part 1: Administrative Proposal Requirements

Part 2: Technical Proposal Requirements

Part 3: Cost Proposal

2.2.2 Financial Statement/Fiscal Stability.

In order to be considered responsive under Section 4.2, Proposer must provide a financial statement and demonstrate fiscal stability. Briefly describe Proposer’s experience with, and current strategies for, ensuring that the Proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed Contract term, including:

• Identify the individuals who have the authority to financially obligate the Proposer.

• Provide a letter from a Certified Public Accountant stating Proposer’s financial stability and Proposer’s ability to remain financially responsible for the duration of the project.

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2.3 Technical and Cost Proposal Requirements

The Technical Proposal must describe how the Proposer will meet each of the technical requirements described in the Scope of

Work in Section 1.5 of this RFP. The Proposal shall also include the identification of key persons who shall perform the

Services, along with their background and expertise. The Technical Proposal will be evaluated as described in Section 4.

The Cost Proposal must describe the personnel, estimated hours, and direct expenses. The Cost Proposal will be evaluated as described in Section 4.

2.4 References.

In Attachment A to this RFP, Proposers shall provide the names, addresses, telephone numbers, and contact information for three (3) customers for whom Proposer has provided, within the last three (3) years, Services generally equivalent to those described in the RFP. Agency may use references provided as part of the Proposal evaluation process as described in Section 4.

Section 3: Solicitation Process

3.1 Procurement Authority and Method

Agency is conducting the RFP pursuant to its authority under ORS 279A.050. Pursuant to ORS 279C.100 through 279C.125, OAR 137-048-0130 and OAR 137-048-0220, Agency is using the formal Request For Proposals (“RFP”) method to procure the needed Services for this Project (with no initial Request for Qualifications process).

3.2 [RESERVED]

3.3 Clarifications, Modifications and Protests relating to the RFP, Contract Provisions, or Specifications

NOTE: With the exception of negotiation of those Contract provisions permitted under Section 4.7.5, this procedure provides the Proposer’s only opportunity to request any change or protest any requirement of the RFP, including but not limited to the solicitation process, Proposal requirements or Contract provisions. Proposals that take exception to the requirements of the

RFP, including, but not limited to, the solicitation process, Proposal requirements or Contract provisions may be deemed non-responsive and may be rejected at the sole discretion of Agency.

3.3.1 Methods of Seeking Clarification or Modifications to RFP, Contract Provisions, or Specifications.

3.3.1.1 Procedure.

The only means of seeking modifications to provisions of the RFP are through a written (a) request for clarification;

(b) formal submittal of a request for changes to the RFP, Contract provisions, or specifications; or (c) formal submittal of a protest of the RFP, Contract provisions, or specifications.

3.3.1.2 Request for Clarification.

Any Proposer requiring clarification of any provision of the RFP, Contract provisions, or specifications may submit a written request for clarification. To be considered, the request for clarification must be submitted to the SPC by the deadline specified in Section 1.3 or any extension made by subsequent Addenda.

3.3.1.3 Request for Changes to RFP, Contract Provisions, or Specifications.

Any Proposer may submit a written request for changes to the RFP, Contract provisions or specifications. To be considered, the request for changes must be submitted to the SPC by the deadline specified in Section 1.3 or any extension made by subsequent Addenda. The request must include the reason for requested changes, supported by factual documentation, the proposed changes, and must contain all information required by OAR 137-048-0240.

3.3.1.4 Protest of RFP, Contract Provisions, or Specifications.

Proposers may submit a written protest of the RFP, Contract provisions, or specifications. To be considered, Protests must meet the following requirements:

3.3.1.4.1 Identify the Proposer’s name and reference the RFP number;

3.3.1.4.2 Contain evidence that supports the grounds on which the protest is based and specify the relief sought, including a statement of the proposed changes to the process or RFP provisions, requirements or Contract

RFP W912JV22C3003 Page 10 of 52 provisions that the Proposer believes will remedy the conditions upon which the protest is based;

3.3.1.4.3 Be signed by the Proposer’s authorized representative;

3.3.1.4.4 Be submitted to the SPC by the RFP Requests and Protests due date specified in Section 1.3.

3.3.1.5 Response to Requests for Clarification or Change and Protests.

Agency will respond to each properly-submitted written request in accordance with OAR 137-048-0240. Where appropriate, Agency will issue revisions and clarify RFP provisions via Addenda posted on OregonBuys. Agency may also informally respond to Proposer questions. Informal responses, however, do not affect the provisions of the RFP. The RFP, Contract terms and specifications can only be changed via formal Addenda issued by

OMD.

3.3.1.6 Agency shall not consider solicitation protests that do not meet the requirements of this Section. Agency shall resolve all solicitation protests in accordance with OAR 137-048-0240. Agency is not responsible for the successful transmission of faxed protests. Unless this specific due date is extended by Addenda to the RFP, Agency shall not consider solicitation protests to the originally-issued RFP submitted after the deadline specified in Section

1.3. Please note: Late or electronically transmitted (emailed) protests will not be accepted.

3.3.1.7 Method of Submitting Requests for Modification of RFP Provisions. Envelopes containing requests for clarification, requests for change, and protests of the RFP provisions shall be marked as follows:

Request for Clarification/Change/Protest

RFP Number

Closing Date

Envelopes must be received by the SPC by the date and time specified in Section 1.3. This deadline may be extended by Addendum. No requests for clarification, requests for change or protests regarding the RFP, Contract terms or specifications shall be considered if received after the date specified in this Section or date specified in a subsequent Addendum.

3.3.1.8 Response to Request for Clarification or Change and Protests. Agency shall respond to each properly-submitted written request for clarification, request for change, and protest in accordance with OAR 137-048-0240.

Where appropriate, Agency shall issue revisions and clarify RFP provisions via Addenda posted on OregonBuys.

Agency may also informally respond to Proposer questions. Informal responses, however, do not affect the provisions of the RFP. The RFP, Contract terms and specifications can only be changed via formal Addenda issued by OMD.

3.4 Submission of Proposals

Proposals must be received by the SPC no later than the Closing date and time specified in Section 1.3 and at the address listed in Section 1.6. Proposals may be delivered via U.S. Mail, or courier, or be hand-delivered. Proposals must be sent to the attention of the SPC’s name. Late, faxed or electronically transmitted Proposals will not be accepted.

SECURITY REQUIREMENTS: All OMD facilities are governed by U.S. Homeland Security REAL ID compliance regulations (https://www.dhs.gov/real-id). Valid Photo identification is required. Facility owners and staff are prohibited from accepting driver’s licenses or ID cards from non-compliant states or jurisdictions. Proposers are responsible for providing appropriate valid identification. OMD is not responsible for Proposers who are denied access for not having proper identification.

3.5 Withdrawal of Proposals

If a Proposer wishes to withdraw a submitted Proposal, it must do so prior to the Closing date and time. The Proposer shall submit a written request to withdraw, signed by the Proposer, on the Proposer’s letterhead, to the SPC.

3.6 Opening of Proposals

There will be no public opening or reading of Proposals for this RFP.

https://www.dhs.gov/real-id

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3.7 Evaluation and Award

The evaluation and award process is described in Section 4.

3.8 Public Information, Confidentiality, and Trade Secrets

Proposals may be available for public inspection, subject to the Oregon Public Records Law, ORS 192.311 through 192.478, and the Public Contracting Code only after OMD has issued the notice of intent to award a contract. OMD reserves the right to publish or display publicly all Exhibits in accordance with this Law.

If a Proposer considers any part of its Proposal or protest a trade secret, or otherwise exempt from disclosure under the

Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate that portion as confidential in order to obtain protection, if any, from disclosure at the time of submission. See Oregon Revised Statutes 192.311 through

192.478, and 646.461 through 646.475. Application of the Oregon Public Records Law shall determine if the information claimed to be exempt is in fact exempt from disclosure. The State shall not be liable for release of any information when required by law or court order to do so, whether pursuant to the Oregon Public Records Law or otherwise and shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

3.9 Cost of Preparing Proposals

All costs incurred in Proposal preparation and participation in the Proposal evaluation, Award, and Contract negotiation processes are the responsibility of the Proposer and will not be reimbursed by the Agency.

3.10 Reservation of Agency Rights

The Agency reserves all rights regarding the RFP, including, without limitation, the right to:

a. Amend, delay or cancel the RFP without liability if Agency finds it is in the best interest of the Agency to do so;

b. Reject any or all Proposals received upon finding that it is in the best interest of the Agency to do so;

c. Waive any minor informality or minor non-conformance with the provisions or procedures of the RFP, and seek clarification of any Proposal, if required;

d. Reject any Proposal that fails substantially to comply with all prescribed RFP procedures and requirements; and

e. Engage consultants by selection or procurement independent of the RFP process or any Contract or agreements under it to perform the same or similar services.

f. Forgo the evaluation process beyond responsive and responsible if Agency receives only one (1) Proposal or if only a single Proposal is deemed responsive and responsible and move directly to Contract negotiation.

3.11 Sample Contract

The apparent successful Proposer will be asked to sign a Contract substantially in the form that is attached to the RFP as the

Attachment B - Sample Contract (as well as the SOW provisions referenced in Section 1.5 of the RFP and incorporated as Exhibit A of the Sample Contract). The provisions included in Attachment B, other than those identified in Section 4.7.5 of this RFP, are not subject to negotiation.

3.12 No Agency Contractual Obligation

Agency is not obligated as a result of the submission of a Proposal to enter into a Contract with any Proposer, and has no financial obligation to any Proposer arising from the RFP.

Section 4: Evaluation and Award

4.1 Evaluation Process

4.1.1 Evaluation Overview.

Agency will conduct an evaluation of Proposals timely received and that are responsive to the RFP. The intent of the RFP is to identify a Proposal from a Proposer that has a level of specialized skill, knowledge and resources to perform the Services described in the RFP. Qualifications, performance history, expertise, knowledge and the ability to exercise sound professional judgment are primary considerations in the selection process. Agency reserves the sole right to determine the best Proposal considering the evaluation criteria set forth in the RFP.

RFP W912JV22C3003 Page 12 of 52

Agency will evaluate and score all responsive and responsible Proposals on the completeness, quality, and applicability of their content in accordance with the following Sections:

4.2: Evaluation of Minimum Requirements and Financial Statement/Fiscal Stability (Responsive or

Non-Responsive) 4.3: Evaluation of Technical Proposal (Scored)

4.4: Evaluation of Pricing Proposal (Scored)

4.5: Reference Checks for the Proposer (Responsive or Non-Responsive, or Scored [optional at

Agency’s discretion])

4.6: Ranking of Proposals

Each Section is explained in more detail below.

4.1.2 Evaluation Committee.

Agency will establish an evaluation committee (“Evaluation Committee”) consisting of at least three (3) experienced evaluators, identified and appointed by the Contract Administrator, to review, evaluate and score each Proposal independently.

4.1.3 Disqualification.

Any attempt by a Proposer to improperly influence a member of the Evaluation Committeeduring the Proposal review and evaluation process will result in that Proposal’s rejection.

4.2 Evaluation of Minimum Requirements and Financial Statement/Fiscal Stability (Responsive or Non-Responsive)

The Agency will review each Proposal on a pass or fail basis and determine if the Proposal meets the minimum proposal requirements described in Section 2.1 and the Financial Statement/Fiscal Stability requirements described in Section 2.2 of this RFP. Proposer’s failure to comply with the instructions or to submit a complete Proposal may result in the Proposal being deemed non-responsive. Only those Proposals determined to be responsive to the minimum requirements will be considered for further evaluation in Section 4.3. See the Reservation of Agency Rights in Section 3.10.

4.3 Evaluation of Technical Proposal (Scored)

4.3.1 The Evaluation Committeewill review each responsive Proposal submitted. Each scoring evaluation team member will award points based on the evaluation criteria and the corresponding maximum possible points set forth below. The maximum number of points allowable for each Proposal is 300.

The Evaluation Committeemay request additional clarification from Proposers for any portion of the Proposals. If a Proposal is unclear, the Proposer may be asked to provide clarification. No new information or documentation may be submitted, however, and clarification may not be used to rehabilitate a non-responsive Proposal. Proposers shall remain available during the evaluation period to respond to requests for additional clarification. Proposers shall submit written signed clarification(s) wihtin 24 hours (Monday-Friday, state-observed holidays excluded) following receipt of the request. Failure to provide clarification may result in a lower score. The Evaluation Committeewill assign points to its evauation of Proposer as follows:

a. Firm’s qualifications and experience in conducting similar Services 100 total points possible

1. How well does the Proposal describe the Proposer’s organizational structure, capabilities, number of years in business, and experience with similar sized projects? (Maximum 50 points)

2. How well does the Proposal describe the Proposer’s experience in conducting WGS surveys or comparable surveys? (Maximum 50 points)

b. Proposed Project Staff qualifications and experience in conducting similar 100 total points possible work:

1. How well does the Proposal describe the key persons’ qualifications, years of experience with similar projects, and on-Site availability for this Project? (Maximum 50 points)

2. How well does the Proposal describe the key persons’qualifications and experience with designing and conducting WGS surveys or comparable surveys? (Maximum 50 points)

c. Methods proposed to conduct the field surveys: 50 total points possible

1. How well does the proposal describe the methods proposed for use in conducting the surveys? (Maximum 50 points)

RFP W912JV22C3003 Page 13 of 52

2. [RESERVED]

d. General Schedule: 50 total points possible

1. How well does the proposed schedule execute the work in timely manner and provide the most complete survey results based on the proposed survey methods and level of effort? (Maximum 50 points)

2. [RESERVED]

4.3.2 Calculation of Average Score. The sum of all scores awarded to each Proposer will be divided by the total number of Evaluation Committee members to compute an average score for each Proposer. Proposers’ average scores will be used rank proposals as described in Section 4.6 (Ranking of Proposals).

4.4 Evaluation of Cost Proposal (Scored)

The SPC will conduct the cost evaluation The maximum number of points allowable for each Cost Proposal is 50.

The SPC will award a cost score to each Cost Proposal based upon the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

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

4.5 Reference Checks for Proposer (Responsive/Non-Responsive or Scored (optional at Agency’s discretion))

Proposer shall provide references that can rate Proposer’s performance in these categories:

a. Budget (up to 5 points)

b. Schedule (up to 5 points)

c. Performance of Work (up to 5 points)

d. Communication (up to 5 points)

e. Quality of Deliverables (up to 5 points)

If the Agency, at its discretion, opts to score references, a non-scoring Evaluation Committeemember will evaluate the references using a scale of 0 to 5, with 5 being the highest score for each reference category. Each Proposer may receive up to a maximum of 75 points from the evaluation of provided references (25 points per reference contacted).

The committee member will attempt to contact each reference given, for a maximum of three (3) references. The committee member may make up to three (3) attempts to contact each of the reference sources. These attempts will be made during normal business hours and will be conducted via telephone. If the three (3) attempts are unsuccessful, the Proposer will receive zero (0) points for that reference source.

Each reference that is contacted will be asked questions from the categories above.

Agency reserves the right to request references in addition to those provided by Proposer, to investigate any references whether or not furnished by Proposer, and to otherwise investigate the past performance of any Proposer in any manner the

Agency determines is necessary. Agency may postpone the award or execution of any resulting Contract, after the announcement of the apparent successful Proposer, in order to complete its investigation.

4.6 Ranking of Proposals

A Proposer’s maximum score is 350, unless the Agency opts to check references, in which case a Proposer’s Technical

Proposal score (maximum 300) will be combined with its reference score (maximum 75) to arrive at a total cumulative score

(total maximum 375). The highest total score will determine the apparent Successful Proposer upon review by the Contract Administrator.

RFP W912JV22C3003 Page 14 of 52

4.7 Award Notification and Process

4.7.1 Successive Selection and Rejection.

Agency will provide a written tentative award notice (the “Intent-to-Award Notice”) to the highest-ranking Proposer and will provide a copy of the selection notice to all Proposers by posting a copy of this notice on the OregonBuys system. Agency will enter into Contract negotiations with the highest ranking Proposer on the Contract terms listed in Section 4.7.5. Final award, however, will be contingent upon successful negotiation of a final contract within fourteen (14) calendar days of the announcement of tentative award or within such longer period that the

Agency determines is reasonable under the circumstances. Agency may terminate negotiations with the highest-ranking Proposer if the parties fail to execute a Contract within this negotiation period or such later date as Agency may authorize. In accordance with Section 4(e) of OAR 137-048-0220 – Formal Selection Procedure, Agency may then enter into negotiations with the second ranked Proposer, and if necessary, the third ranked Proposer, and so on.

Upon successful negotiation of terms, the successful Proposer will be required to enter into the State’s Standard

Professional Services Contract in substantially the form set forth in the Sample Contract in Attachment B to this

RFP, subject to Section 4.7.5 below.

4.7.2 Award Protests.

A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may protest the selection by submitting, within seven (7) calendar days after the date of the selection notice by providing a written, signed protest by courier, or by hand-delivery to the SPC. Agency will not consider a protest submitted after the deadline. Protests must comply with and will be resolved pursuant to OAR 137-048-0240. Faxed or electronically transmitted protests will not be accepted.

4.7.3 [RESERVED]

4.7.4 Insurance Certification.

The apparent successful Proposer must provide proof of the required insurance described in the Sample Contract

(Attachment B) to Agency within fourteen (14) calendar days of the Intent to Award Notice or such longer period that the Agency determines is reasonable under the circumstances. Failure to present the required documents within

Agency determined time period may result in Proposal rejection. Proposers are encouraged to consult their insurance agent(s) about the insurance requirements contained in the RFP prior to proposal submission.

4.7.5 Negotiation.

If Agency does not cancel the RFP after it receives the results of the scoring and ranking for each Proposer, Agency has the right to negotiate a final Contract and will begin negotiating a Contract with the highest-ranked Proposer.

Agency will direct negotiations toward obtaining a written agreement. In addition to the SOW (which must be based on the sample SOW provisions in Section 1.5), Agency may elect to negotiate the following terms and conditions:

4.6.5.1 Term of Contract and Schedule;

4.6.5.2 Extensions;

4.6.5.3 Prices;

4.6.5.4 Maximum amount payable to Consultant for Services;

4.6.5.5 Payment methodology;

4.6.5.6 Invoicing;

4.6.5.7 Insurance; and

4.6.5.8 Any other provision Agency believes to be in the best interest of the State to negotiate.

4.7.6 Pay Equity Certification.

Within fourteen (14) calendar days of the Intent to Award Notice, or such longer period that the Agency determines is reasonable under the circumstances, the apparent successful Proposer must 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 if the Contract value exceeds $500,000 and the Proposer employs 50 or more full-time workers.

Section 5: Attachments

Attachment A – Proposal Cover Sheet

Attachment B – Sample Contract

All Attachments and Exhibits thereto are incorporated by reference into this RFP.

RFP W912JV22C3003 Page 15 of 52

RFP ATTACHMENT A

Proposal Cover Sheet

RFP W912JV22C3003

Proposer Information

Organization Name:

Primary Contact Person: Title:

Address:

City, State, Zip:

Telephone: Fax:

Email Address:

DUNS #: Federal Tax ID #:

Name and title of person(s) authorized to represent the Proposer in any negotiations and sign any Contract(s) that may result:

Name:

Title:

Minimum Proposal Requirements:

-Include current resumes for each of the Proposer’s Key Persons;

-Meets all Minimum Proposal Requirements described in Section 2.2;

-Addresses all Technical Proposal Requirements described in Section 2.3, including but not limited to Section 1.5, Scope of Work; and

- Include detailed Cost Proposal in separate section.

Regarding Section 4.5, Reference Checks for the Proposer’s Company, provide at least three (3) business or customer references with telephone numbers (please verify numbers) for the organization. Business references must be able to verify your business history and relevant experience.

Business or Customer Reference #1

Name of Organization: ___________________________________________________

Address: _______________________________________________________________

City: ___________________________________

State: ____________Zip: __________

Name of contact person: __________________________________________________

Phone number: _________________________________________________________

Number of years your organization has served this client: ___________years.

Describe the services, for example, products, type of services, unique challenges, customer service enhancements, etc.:

RFP W912JV22C3003 Page 16 of 52

Business or Customer Reference #2

Address: _______________________________________________________________

City:___________________________________State: ____________Zip: __________

Name of contact person: __________________________________________________

Phone number: _________________________________________________________

Number of years your organization has served this client: ___________years.

Describe the services, for example, products, type of services, unique challenges, customer service enhancements, Business or Customer Reference #3

Address: _______________________________________________________________

City:___________________________________State: ____________Zip: __________

Name of contact person: __________________________________________________

Phone number: _________________________________________________________

Number of years your organization has served this client: ___________years.

Describe the services, for example, products, type of services, unique challenges, customer service enhancements, Representations, Attestations, and Certifications: The undersigned further acknowledges, attests and certifies individually and on behalf of the Proposer that:

1. No attempt has been made or shall be made by the Proposer to induce any other person or organization to submit or not submit a Proposal.

2. Information included in this Proposal must remain valid for one hundred and twenty (120) days after the Proposal

Closing or until a Contract is executed

3. The undersigned recognizes that this is a public document and open to public inspection pursuant to applicable statutory, regulatory and other legal requirements.

4. The Proposer acknowledges receipt of all Addenda issued under the RFP.

SOLICITATION ADDENDA:

No. to No. Inclusive.

RFP W912JV22C3003 Page 17 of 52

5. The Proposer has not discriminated and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin; Proposer has not discriminated and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is: (a) a minority, woman or emerging small business enterprise certified under ORS 200.055; or (b) a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225.

6. Proposer has a written policy and practice that meets the requirements described in 279A.112 for preventing sexual harassment, sexual assault and discrimination against employees who are members of a “protected class,” as that term is defined in subsection (1) (b). A Proposer’s policy and practice must include, but not be limited to, giving employees a written notice of the policy that both prohibits and prescribes disciplinary measures for conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

7. The Proposer, acting through its authorized representative, has read and understands all requirements of the RFP, including any instructions, specifications, and terms and conditions contained within the RFP and all Addenda, if any.

8. The Proposer agrees to and shall comply with, all requirements, specifications and terms and conditions contained within the RFP, including all Addenda, if any; by Proposal submission, Proposer agrees to be bound by the Contract terms and conditions in Attachment B to this RFP and as modified by Addendum, except for those terms and conditions that OMD has reserved for negotiation in the RFP.

9. The Proposal submitted is in response to the specific language contained in the RFP, and Proposer has made no assumptions based upon either (a) verbal or written statements not contained in the RFP, or (b) any previously-issued

RFP, if any.

10. The Proposer agrees that if awarded the Contract, Proposer must be fully authorized to do business in the State and licensed to perform the Services at the time of the award;

11. The Proposer will comply with all Pay Equity…