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STATE OF OREGON

COVER PAGE

Department of Land Conservation and Development

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-66000-00015434 for

WETLANDS TECHNICAL ASSISTANCE SERVICES

Date of Issue: November 25, 2025

Opening Date and Time: January 2, 2026, at 4:00 PM Pacific

Single Point of Contact (SPC): Erin Smith, MPA

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

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:erin.smith@dlcd.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

4.14 ADDITIONAL ROUNDS

4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT 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 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 CHECKLIST DISCLAIMER

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Land Conservation and Development, (“Agency” or “DLCD”), is issuing this competitive sealed Request for Proposals under the provisions of ORS 279B.060 for wetlands-related services.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

Agency anticipates the award of one or more Price Agreements from this RFP.

The initial term of the Price Agreement(s) is anticipated to be two (2) years with options to renew up to a cumulative maximum of six (6) years.

Agency may issue purchase orders or work orders pursuant to this Price Agreement up to six

(6) years from the effective date of the Price Agreement.

Any purchases under the Price Agreement must be authorized by purchase orders or work orders issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

Agency reserves the right to amend the resulting Price Agreement(s) for additional reasonably related services, dependent on need and approved budget, without conducting further solicitation activities.

By submitting a Proposal, each Proposer agrees that it accepts all risks, and waives any claims, that may be associated with or arise out of the volume of the services under any Work Order Contract awarded under this solicitation.

Proposers are encouraged to consider the use of subcontractors to supplement their capabilities, particularly in areas where they may not possess all of the qualifications or expertise required to fully meet the Scope of Work. The Agency welcomes collaborative Proposals that leverage the strengths of multiple entities to deliver comprehensive and high-quality services.

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.

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Event Date Time

Pre-Proposal Conference December 3, 2025 9:00 AM

Questions / Requests for Clarification Due December 8, 2025 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) December 15, 2025

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal January 2, 2026 4:00 PM

Issuance of Notice of Intent to Award (approx.) January 26, 2026

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 under the authority of the Department of Administrative Services (DAS) delegation No. REQ-DASOBO-00158418 (as amended), (SB5528 Support Wetland- Related Planning Activities).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

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

Local Wetlands Inventory – Data collection, reporting, and mapping as described in OAR 141- 086-0210 through 141-086-0228, including wetland functional assessments and identification of Locally Significant Wetlands.

https://oregonbuys.gov/bso/

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Locally Significant Wetlands – High functioning wetlands identified using methods consistent with OAR 141-086-0330 through 141-086-0350.

Local Wetlands Protection Program - A program developed to meet Statewide Planning Goal 5, consistent with OAR 660-023-0040 and 660-023-0050 or 660-023-0100(4)(b).

Determination of Uplands - Data collection, reporting, and mapping as required for Department of State Lands (“DSL”) review. See DSL upland by consultant report form.

Wetland Delineation - Data collection, reporting, and mapping consistent with OAR 141-090- 0035.

Plan for Avoidance or Minimization – A site-specific plan evaluating practicable alternatives to avoid or minimize wetland impacts. The plan should be detailed enough to serve as an alternative analysis for a DSL removal-fill permit.

Plan for Permittee-Responsible Mitigation – A plan to replace lost wetland function by improving wetlands or waters on-site or at another approved location that has received DSL approval. The plan must meet DSL compensatory mitigation standards for removal-fill permit applications.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of Land Conservation and Development is a small state agency that works in partnership with local governments, and state and federal agencies, to address the land use needs of the public, communities, regions, and the State. The Land Conservation and Development Commission (“LCDC”) provides policy direction for the land use planning program and oversees DLCD operations. The program has been charged by the State Legislature with managing urban growth; protecting farm and forest lands, coastal areas, and natural resource lands; and providing for safe, livable communities in concert with the vision of the local communities.

2.3.2 Project Overview and Background

Senate Bill 5528 allocates $500,000 to support wetland-related planning work by cities.

Planning work includes:

• Local Wetland Inventories, either within the entirety of a city’s urban growth boundary (“UGB”) or areas within a UGB where residential development is planned, including recent UGB expansion areas;

• Development of local wetlands protection programs in compliance with Statewide Planning Goal 5;

• Site-specific Determinations of Uplands;

• Wetland Delineations that will advance construction of planned residential development;

• Plans for Avoidance or Minimization; and

• Plans for Permittee-Responsible Mitigation.

https://www.oregon.gov/dsl/wetlands-waters/Documents/DeterminationReport_NoWetlandsWaters.pdf

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Priority will be given to projects that support and expedite housing development. Projects are intended to provide cities with technical assistance and planning tools through awarded price agreements. These efforts will contribute to both short- and long-term housing production goals.

2.3.3 Purpose

The purpose of this RFP is to contract with one or more firms to provide local jurisdictions with access to wetlands-related services to increase the capacity to administer their own grant or procurement processes.

2.4 SCOPE OF WORK/SPECIFICATIONS

Agency intends the Scope of Work of anticipated Price Agreement(s) to include, but not be limited to the following:

2.4.1 Local Wetlands Inventories (“LWI”). Complete and submit one or more LWIs to DSL, including wetland functional assessments.

The purpose of an LWI is to acquire data on the location and approximate boundaries of wetlands and waters that are more reliable and accurate than other available datasets. An LWI includes an assessment of wetlands to identify high functioning wetlands, which are referred to as Locally Significant Wetlands.

2.4.2 Wetland Delineations. Complete and submit one or more wetland delineations to

DSL.

The purpose of a Wetland Delineation is to determine the regulatory boundary for DSL removal-fill permits. A Wetlands Delineation is also required by some cities when development is proposed close to a Locally Significant Wetland.

2.4.3 Determinations of Uplands. Complete and submit one or more Upland by Consultant Report Form(s) to DSL.

The purpose of an Upland by Consultant Report is to obtain DSL concurrence on a Determination of Uplands. This determination is a confirmation that a DSL removal-fill permit is not required and may also be used to confirm areas where local wetland protection measures do not apply.

2.4.4 Draft Local Wetlands Protection Programs. Development of one or more draft Local Wetlands Protection Programs.

The purpose of a Local Wetlands Protection Program is to direct new development so that impacts to Locally Significant Wetlands are avoided or minimized.

2.4.5 Plans for Avoidance or Minimization. Development of one or more site-specific plans for properties with delineated wetlands.

These are site-specific plans for development of properties containing delineated wetlands. This type of plan is required by DSL to either demonstrate that development on a site avoids or minimizes impacts on the wetland area.

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2.4.6 Plans for Permittee-Responsible Mitigation. Development of one or more plans identifying mitigation options for wetland impacts.

These types of plans will identify options for Permittee-Responsible Mitigation for wetland impacts.

2.4.7 Anticipated Deliverables

Agency intends the Deliverables of anticipated Price Agreement(s) to include, but not be limited to the following:

• For each LWI, a complete set of LWI products submitted to DSL for review.

• For each Wetland Delineation, a complete set of delineation products submitted to DSL for review.

• For each Determination of Upland, a complete set of Determination of Upland products submitted to DSL for review.

• One or more draft Local Wetlands Protection Programs for future adoption. A draft program is anticipated to include clear and objective code language for:

o Protecting wetlands for which no development conflicts are expected;

o Protecting wetlands for which utilities or roads needed to serve upland areas are expected to conflict with a locally significant wetland; and o Addressing wetlands in which fill will be required to achieve community-wide priorities.

• When required, an analysis of the economic, social, environmental, and energy consequences (“ESEE”) of a decision to prohibit, limit, or allow uses that conflict with a locally significant wetland may also be necessary as part of the services. The ESEE must inform a local protection program that deviates from the safe harbor protection program option, detailed in OAR 660-023-0100(4)(b).

• For each Plan for Avoidance or Minimization, a complete set of products submitted to DSL for review. For each Plan for Permittee-Responsible Mitigation, a complete set of products submitted to DSL for review.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer (whether through use of subcontractor or not) meets all requirements of this section.

Proposers must demonstrate their experience with the following:

• Local Wetlands Inventories. Proposals must demonstrate successful completion of three

(3) or more DSL-approved LWIs;

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• Local Wetlands Protection Programs. Proposals must demonstrate successful completion of three (3) or more adopted and acknowledged Goal 5-compliant Local Wetlands Protection Programs in the state of Oregon;

• Wetlands Delineations. Proposals must demonstrate successful completion of at least twenty (20) Wetland Delineations that have been approved by DSL;

• Determinations of Uplands. Proposals must demonstrate successful completion of at least twenty (20) Determinations of Uplands that have been approved by DSL;

• Plans for Avoidance or Minimization. Proposals must demonstrate successful completion of at least three (3) Plans for Avoidance or Minimization that have been approved by DSL; and

• Plans for Permitee-Responsible Mitigation. Proposals must demonstrate successful completion of at least three (3) Plans for Permittee-Responsible Mitigation that have been approved by DSL.

3.1.1 Key Person(s) Resume(s) Requirements

Key Person(s) resume(s) shall demonstrate that each personnel are wetland professional(s) with combined educational backgrounds and applied experiences in ecology, hydrology, aquatic biology, and soil science. Specifically, Key Person(s) should have extensive experience completing DSL approved LWIs and Wetland Delineations.

For local wetlands development tasks, Key Person(s) must have combined educational backgrounds and applied experience in land use planning in Oregon. Specifically, Key Person(s) should have extensive experience in drafting local comprehensive plan elements and development codes, taking plan and code amendments through a public process and final adoption. Experience with the Oregon Administrative Rules for complying with Goal 5 for natural resources is preferred.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Executive Summary

Proposals shall include an Executive Summary which must demonstrate that the Proposer’s qualifications meet or exceed the Minimum Qualifications section of this RFP.

3.2.2 Administrative Proposal Items (Forms & Other Documents)

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

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

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

• Attachment E – Price Proposal (required – submit one copy only); and

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

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

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

and/or

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

3.2.3 Project Implementation Plan

Proposals shall include in their Proposal their project implementation plan for a project with the following parameters:

Local Wetlands Inventory (LWI) + Goal 5-Compliant Program

• LWI and Goal 5-compliant local wetlands protection program covering a complete UGB for a Willamette Valley city with a population of 20,000 and a UGB area of 2,750 acres;

Wetland Delineation

• Wetland delineation for a fifty (50) acre development site containing fifteen (15) acres of wetland in the Willamette Valley, including a functional assessment of identified wetlands;

Determination of Uplands

• Determination of uplands for a two (2) acre development site in the Willamette Valley;

Plan for Avoidance or Minimization

• Plans for avoidance or minimization for a five (5) acre development site with a one

(1) acre wetland and an eighty (80)-unit multifamily housing development proposed for the site; and

Plan for Permittee-Responsible Mitigation

• Plans for Permittee-Responsible Mitigation for a five (5) acre development site with a one (1) acre wetland and an eighty (80)-unit multifamily housing development proposed for the site.

The Project Implementation Plan shall include a timeline, Key Personnel, and Deliverables.

3.2.4 Work Samples

Proposals shall include two (2) work samples for each activity described in the Scope of Work section. Work samples will not be counted towards the total page limit of the Proposal.

3.2.5 Proposal Key Person(s) Resumes

Proposal must contain all resumes of any Key Person that establish compliance with Section

3.1.1 above, including without limitation resumes of subcontractors necessary to establish necessary qualifications under Section 3.1.

3.2.6 Proposal Page Limits

Proposal is limited to 25 pages. Any pages exceeding this limit will not be provided to the

DAS Procurement Services, Version 4.5 March 31, 2023 Page 11 of 26 evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

o Administrative Proposal Items (Forms and Other Documents):

Disclosure Exemption Affidavit (Attachment B);

Proposer Information and Certification Sheet (Attachment C);

Reference Check forms (Attachment D);

Price Proposal form (Attachment E);

COBID Certification / Outreach Plan (Attachment F); and Responsibility Inquiry (Attachment G).

o Work samples

3.2.7 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf. Additional information can be found on the OregonBuys Supplier Resources page: https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

The Price Proposal (Attachment E) must be submitted as a separate electronic response file.

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

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

3.2.8 Authorized Representative

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

3.3 PROPOSAL REQUIREMENTS

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

Proposal should not include extensive artwork, unusual printing or other materials not essential https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

DAS Procurement Services, Version 4.5 March 31, 2023 Page 12 of 26 to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

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

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

3.3.2 References

Provide three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must be able to verify the quality of previous, related Work.

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

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal.

3.3.3 Price Proposal

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

• For each activity described in the Project Implementation Plan, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs;

• The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

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

3.3.4 Key Persons and their Resumes

Specify key persons to be assigned to perform the Work if awarded a Price Agreement and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

3.3.5 Project Implementation Plan

Describe how Proposer would carry out the major activities of the projects described in Section 3.2.3. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

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3.3.6 Work Samples

Proposers shall provide samples for each major activity described in the Scope of 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 be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project;

• Explain the RFP process; and

• Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by:

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4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

https://oregonbuys.gov/ https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTljMzFmNzYtNGQwZS00ZTExLThlMDUtYmU5YWU4ZmM5NGY1%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22e8d33efe-e9dc-456d-9d31-68135272c683%22%7d tel:+15034464951,,103910167 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=103910167 https://teams.microsoft.com/meetingOptions/?organizerId=e8d33efe-e9dc-456d-9d31-68135272c683&tenantId=aa3f6932-fa7c-47b4-a0ce-a598cad161cf&threadId=19_meeting_MTljMzFmNzYtNGQwZS00ZTExLThlMDUtYmU5YWU4ZmM5NGY1@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

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

• Be delivered to the SPC via an 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.

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 Price Agreement. 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 Price Agreement 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.

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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, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 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 cannot be received after Opening is considered.

4.8 PUBLIC OPENING

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

Interested parties may view the public Opening by:

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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 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 Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement(s). Proposers shall submit a signed Responsibility tel:+15034464951,,879745969 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=879745969 https://teams.microsoft.com/meetingOptions/?organizerId=e8d33efe-e9dc-456d-9d31-68135272c683&tenantId=aa3f6932-fa7c-47b4-a0ce-a598cad161cf&threadId=19_meeting_Mjc2YzUwZmYtYzhlMi00YTgzLTg5ZTAtYWVjMzRkZmMwMzhm@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

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Inquiry form (Attachment G) with their Proposal.

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

4.10.2 Evaluation Criteria

SCORE EXPLANATION

(100%)

OUTSTANDING – Proposal addresses all prompts and requirements, with no deficiencies or weaknesses.

(90%)

EXCELLENT – Proposal contains many strengths and only minor weaknesses.

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

(70%)

GOOD – Proposal contains some minor weaknesses

(60%)

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

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

(40%)

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

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

(20%)

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

(10%)

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

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

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

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

4.10.2.1 Evaluation Item 1: Executive Summary (10 Points)

• How well does the Proposer’s Executive Summary demonstrate that the

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Proposer’s qualifications meet or exceed the Minimum Qualifications section of this RFP?

4.10.2.2 Evaluation Item 2 : Project Implementation Plan (25 Points)

• How well does the Project Implementation Plan address the parameters of the Local Wetlands Inventory + Goal 5 Compliant Program project?

• How well does the Project Implementation Plan address the parameters of the Wetland Delineation project?

• How well does the Project Implementation Plan address the parameters of the Determination of Uplands project?

• How well does the Project Implementation Plan address the parameters of the Plan for Avoidance or Minimization project?

• How well does the Project Implementation Plan address the parameters of the Plan for Permittee-Responsible Mitigation project?

4.10.2.3 Evaluation Item 3: Key Persons/Resumes (15 Points)

• How well do(es) the Key Person(s) Resume(s) demonstrate that the Key Person(s) is/are wetland professional(s) and has/have combined educational backgrounds and applied experiences in ecology, hydrology, aquatic biology, and soil science?

• How well do(es) the Key Person(s) Resume(s) demonstrate that the Key Person(s) has/have extensive experience completing DSL-approved LWIs and Wetland Delineations?

• How well do(es) the Key Person(s) Resume(s) demonstrate that the Key Person(s) has/have combined educational backgrounds and applied experience in land use planning in Oregon?

• How well do(es) the Key Person(s) Resume(s) demonstrate that the Key Person(s) has/have extensive experience in drafting local comprehensive plan elements and development codes, taking pland and code amendments through a public process and final adoption?

• How well do(es) the Key Person(s) Resume(s) demonstrate that the Key Person(s) has/have experience with the Oregon Administrative Rules for complying with Goal 5 for natural resources?

4.10.2.4 Evaluation Item 4: Work Samples (20 Points)

• How well do the Proposer’s Work Samples demonstrate the Proposer’s ability to complete the activities listed in the Scope of Work?

4.10.3 PRICE EVALUATION (30 Points)

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

DAS Procurement Services, Version 4.5 March 31, 2023 Page 19 of 26 lowest price of all Proposers X price points possible = price score price being scored

4.10.4 PREFERENCES

4.10.4.1 Reciprocal Preference

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

4.10.4.2 Recycled Materials

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

4.10.4.3 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 100) assigned by each evaluator.

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

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

EXAMPLE:

Proposer A receives scores of 100, 90, and 95 for criterion worth 50 points. The SPC averages 100, 90, and 95 for a score of 95 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion are 47.5.

TOTAL POINTS POSSIBLE : 100

4.10.1 Responsiveness and Responsibility Determination Pass/Fail

3.2.1 Evaluation Item 1: Executive Summary 10

3.2.3 Evaluation Item 2: Project Implementation Plan 25

3.1.1 Evaluation Item 3: Key Person(s)/Resume(s) 15

3.2.4 Evaluation Item 4: Work Samples 20

3.3.3 Evaluation Item 5: Price Proposal 30

https://www.naspo.org/reciprocity1

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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.

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

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer or Proposers 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 or Proposers at any time during the solicitation process.

4.13 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

4.13.1 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.

4.13.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless

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

4.14 ADDITIONAL ROUNDS

Best and Final Offers

Proposers in the Competitive Range may submit Best and Final Offers. The written Best and Final Offer (“Revised Proposal”) must be submitted on or before the due date and time set forth in the notice of Competitive Range and must be delivered to the Single Point of Contact. LATE

REVISED PROPOSALS WILL NOT BE ACCEPTED.

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

Best and Final Offer Requirements

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

• Identify Proposer’s business name and reference RFP S-66000-00015434; and

• Submit One (1) copy of the revised Proposal with original Signature; and

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

• Include the replacement information, which shall comply with the requirements of Sections 2-4, and each of the Items listed below; and

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

• Include a Best and Final Offer letter, signed in ink by Proposer’s authorized representative, which summarizes the Proposal aspects amended by the Best and Final Offer and states that the information included in the Best and Final Offer supersedes the corresponding information included in Proposer’s Proposal submitted on or before January 2, 2026; and

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

4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

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

SECTION 5: AWARD AND NEGOTIATION

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5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards one or more Price Agreements, it will award Price Agreements to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this

RFP.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Price Agreement 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/Price Agreement 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 non-Responsive.

• 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 non-Responsive.

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

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5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Price Agreement 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 A, Section 21 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 Price Agreement(s). Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Responsibility Inquiry

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

5.3.5 Pay Equity Certification

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

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

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and…