REQUEST FOR PROPOSAL

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1 REQUEST FOR PROPOSAL FOR Spokane Tribe of Indians LDR/COS Certificates YEPA Property And Task Order Contract PROPOSAL NO. FY2011/042 BY SPOKANE TRIBE OF INDIANS PURCHASING/PROPERTY DEPARTMENT 6195 FORD/WELLPINIT RD PO BOX 100 WELLPINIT WA KEY INFORMATION Contact Marnita Parr, CPP, CPPM Phone Opening Date July 12, 2011 Closing Date August 10, :00 P.M. Return Location Purchasing/Property Manager Delivery Address 6195 Ford/Wellpinit Rd Wellpinit WA PO Box 100

2 Introduction The Spokane Tribe of Indians (STOI) is a sovereign Tribal government located in Wellpinit, Washington. One goal of the STOI is to consolidate and diversify its land base. To accomplish this goal, STOI acquires title to property in fee simple, and then applies to the US Department of Interior's Bureau of Indian Affairs (BIA) to take the land into trust for the tribe. Authority for taking land into trust is found in Section 1(a)-(e) of the Act of June 10, 1968 (82 Stat. 174), as amended by the Act of May 21, 1974 (88 Stat. 142), codified at 25 U.S.C The Subject property is made up of Parcel number , described as that part of the NE1/4NE1/4 of Section 25, Township 29 North, Range 36 East, W.M., in Stevens County, Washington, lying East of the centerline of the Ford Wellpinit road, containing acres, more or less. (See Exhibit C and D) The Land Description Review (LDR) and Chain of Survey (COS) certificates will be used as a part of the STOI application to the BIA to take the land into trust. Additionally, because STOI knows that it will have a need for additional LDR/COS type projects, but cannot predetermine the precise number or timing of the need for these services, the Spokane Tribe desires to establish a Task Order contract for such services. To promote STOI efficiency, the STOI intends to use this solicitation to enter into a Task Order contract with the successful proposer of the Yepa Property LDR/COS project. The Yepa LDR/COS project will become the first task order and subsequent projects/task order will be negotiated under this parent contract for the life of the contract. A range of potential trust related projects include 6 or more parcels within the boundaries of the Spokane Indian Reservation. One out of the six will be as a Housing Project of acres. Other task orders may be considered such as developing LDR and COS certificates for the Tribe as a part of due diligence for new property acquisitions, survey work as follow-up to findings from LDR/COS certification efforts, and property surveys as needed. Purpose The purpose of this Request for Proposals (RFP) is to solicit proposals, in accordance with the Spokane Tribe s Procurement Policy, from Washington Certified Federal Surveyors who by reason of their CFedS training, skill, knowledge and experience are able to develop Land Description Review (LDR) and Chain of Survey (COS) certificates and other case information sufficient for the Bureau of Land Management to issue certifications on subject properties and other related work. STOI has funds in place to have Land Description Review, Chain of Survey, and other related survey projects performed in accordance with the Bureau of Land Management Certified Federal Surveyors program. In most cases the Contractor will submit LDR and COS certificates directly to the BLM along with all pertinent supporting materials for certifications. The Contractor is also expected to notify STOI when materials have been submitted to the BLM> Note that the work is not considered to be final until the BLM has issued the appropriate certificates or similar declaration. Be advised that any background documents deemed necessary by the vendor (such as lot book reports or recorded surveys) shall be obtained at the discretion of the vendor. The cost of acquiring these documents (via title company, record searches, etc.) can be a part of the proposed fixed

3 sum, and should be included as part of the breakdown of proposed costs. Contact Person Inquiries concerning the request for proposals and the subject of the request for proposals must be made to: Marnita Parr, CPP, CPPM, Purchasing/Property Manager Spokane Tribe of Indians P.O. Box 100 Wellpinit, WA Proposal Submission Proposal must be received by Marnita Parr, CPP, CPPM, Purchasing/Property Manager, Spokane Tribe of Indians, P.O. Box 100, Wellpinit, WA on or before August 10, 2011 at 2:00 P.M. The SPOKANE TRIBE OF INDIANS reserves the right to reject any or all proposals submitted. Proposals submitted to STOI must, at a minimum, contain the following information and shall be organized as follows for a proposing vendor to be considered: Technical Proposal A master copy (so marked) of a Technical Proposal and three copies to include the following: The purpose of the technical proposal is to demonstrate the qualifications, competence and capacity of the firms. The technical proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this account. The technical proposal should address all the points outlined in the request for proposals excluding any cost information, which should only be included in a separate location in order to clearly identify cost. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer s capabilities to satisfy the requirements of the request for proposal, and; A signature of the vendor or of any partner, officer or employee who certifies that he or she has the authority to bind the vendor; A statement that the vendors proposal is valid for 90 days after the deadline for submission of proposals. Names and resumes of the key personnel including support staff to be assigned to the project. Resumes describing the qualifications of personnel to be utilized in the performance of this contract must show, at a minimum, the person's name, education, position, certifications, and total years and types of experience relevant to the performance of the contract. References. Please provide names of at least three references of persons who have worked with the same primary personnel as described above for the type of contract work in this proposal and 3 references of organizations that vendor has provided similar and/or like work. Proposal for delivering services, including organization of responsibilities, a general timeline (including at least proposed begin and end timeframe), work plan, approach and the availability of personnel for consultation and discussion as necessary to serve the needs of STOI. Any current or proposed business transaction between vendor and any STOI officer, employee or any other Tribal entity which may give rise to a claim of conflict of interest. Vendor shall warrant that it has no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this contract.

4 If you have performed LDR and COS work for tribes under the CFedS program please include a sample of the LDR and COS certificates and a brief description or list of the supporting materials submitted along with the certificates to the BLM. If you have previously performed the services called for in this RFP for STOI, in lieu of a sample report, please provide the reference for the final report, including its name and date. Please state that in writing that your firm complies fully with all government regulations regarding nondiscriminatory employment practices and provide a copy of any written EEO, ADA or affirmative action policies presently followed by vendor. Please provide a statement disclosing any current or proposed business transaction between vendor and any STOI officer, employee or any other Tribal entity which may give rise to a claim of conflict of interest. Vendor shall warrant that it has no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this contract. Vendor shall warrant, in writing, that it has no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this contract. Vendor shall at all times conduct itself in a manner consistent with STOI s Code of Conduct. Vendor shall disclose information relating to conflicts or potential conflicts of interest. Litigation. Please describe any material, current or pending litigation, administrative proceedings or investigations that could impact the reputation or financial viability of your firm. THERE SHOULD BE NO DOLLAR UNITS OR TOTAL COSTS INCLUDED IN THE TECHNICAL PROPOSAL DOCUMENT. Cost Proposal The proposer shall submit an original and three copies of a dollar bid in a separate envelope with all cost broken out to show how the final fixed sum was reached. The "Fixed Sum" amount for the Yepa Property LDR/COS project (Task 01) must be included in this proposal. Provide a breakdown of costs used to develop the fixed sum. Using your breakdown of costs, describe your proposed process for valuation of future tasks. Proposal Tenure All Proposals shall include a statement that the proposal for the Yepa Property LDR/COS Task Order shall be valid until contract award but no more than ninety (90) calendar days from the proposal due date. Incurred Expenses STOI shall not be responsible for any expenses incurred by vendor in responding to this RFP. All costs incurred by vendor in the preparation, transmittal or presentation of any proposal or material submitted in response to this RFP will be borne solely by the vendor. All submitted proposals and/or information in their entirety will become property of the STOI. The Evaluation of Proposals Personnel from the STOI Realty Department, Purchasing/Property Department, Finance Department and Bureau of Land Management or Portland, Oregon, will evaluate each submitted proposal and make selection. The STOI Tribal Council will make the final decision and/or approval.

5 The STOI will award the contract to the vendor whose proposal is deemed to be most advantageous to the STOI. Evaluation Factors Requirements listed below will be used in determining of the evaluation factors listed below. It is imperative that all vendors contemplating submission of proposals and/or to be considered responsive meet all criteria below and/or pursuant to this RFP: 1. Submitter must document that he/she meets the definition of a Certified Federal Surveyor as described in the Bureau of Land Management CFedS program. 2. Submitter must be able to describe the steps he/she would take in order to complete the project as defined in the executed Services Agreement Contract in a timely manner. 3. Submitter must provide proof of professional liability insurance or comparable protection with the limit of $1,000,000 with proposal submittal. 4. STPO shall award the contract to the vendor whose proposal is most advantageous to the STOI. Proposals meeting qualifications shall be evaluated solely on the terms listed in the evaluation factors and shall also be scored on a scale from 1 to 100 based on the evaluation factors. Proposals will be evaluated using five sets of criteria for a maximum total of 100. The following represents the principal selection criteria, which will be considered during the evaluation process. Responsiveness, Reliability, Responsibly and Technical Qualifications Submitter s responsiveness, reliability, responsibility, technical qualifications, skill, knowledge, and experience in similar projects will be considered under this evaluation factor. This rating will focus on those persons assigned to the STOI contract, and on the characteristics of the submitter firm as a whole, if applicable. Maximum Points: 40 Fees and Delivery Timeline Cost of services provided by the submitter will be considered under this criterion. In addition, the promptness of delivery of services will be factored into consideration of cost for services. Note: The submitter needs to provide a breakdown of how the Yepa Property LDR/COS costs were developed. These costing centers will be used to indicate the cost of doing business on future orders, and to guide negotiations for the subsequent task orders and contract extension options. Maximum Points: 15 Evidence of Completeness and Quality of Final Report The extent to which the Submitter describes the steps he or she would take to perform LDR/COS work to ensure it meets the standards sufficient for the BLM to certify such work will be a major factor to be considered. Maximum Points: 30 Indian Preference Indian-owned and controlled companies will receive preference in accordance with 25 U.S.C. 450e(b)(7). Companies claiming Indian preference must furnish adequate proof of at least 51% Indian ownership and control with their proposal in order to secure Indian-owned points. A successful vendor will be required to comply with all applicable Federal and Tribal laws and regulations in effect during the contract period, including the Indian preference requirements of the

6 Tribe. Maximum Points: 10 Submitter s References Submitter must provide 3 references providing names, addresses and telephone numbers for STOI to contact. Maximum Points: 5 How many years has your organization provided the type of service or material designated in the attached Scope of Work? Supplier Diversity Is your company at least 51% owned by a Native American, Minority or Woman owned (NA,M/WBE)? (Minority group members are United States Citizens who are African-American, Asian Indian American, Asian-Pacific American or Hispanic American). Ownership means the business is at least 51% owned by such individuals and, management and daily operations are controlled by them as well. Can your firm be classified as a Native American Enterprise? YES NO % Can your firm be classified as a Minority Owned Business? YES NO % Can your firm be classified as a Woman Owned Business? YES NO % Vendor s performance regarding NA, M/WBE placements will be considered as evaluative criteria for this and future contract awards. Vendor shall not discriminate against any subcontractors or employee regarding race, religion, color, gender, age, physical condition or national origin. Award Notice STOI shall provide notice of the award to all vendors upon final approval and review of all submitted proposals. The award shall be contingent upon successful negotiations of a final contract between STOI and the vendor whose proposal is accepted by STOI. Contract and Task Order Timeframes The successful vendor will enter into a contract with the STOI for services to be performed. Task Order 01 for the Yepa Property LDR/COS work will also be issued at the same time this contract is awarded and signed. The term of the contract shall begin as soon as the contract is awarded and signed and be in force for approximate 1 year. Note: The STOI has the option to extend the contract for another 2 year period. Task Orders will clearly define beginning and completion dates. Depending on the actual contract award date, Task Order 01 is estimated to be completed by August 31, Exhibits A, B, C and D are attached and part of this RFP. Exhibit A is a sample task order that will be used as the basis for development of the final Yepa Property Task Order 01. The last 2 pages of Exhibit A are sample Worksheets that STOI will send to BLM as our notification of the planned work and are similar to the LDR and COS Certificates you will submit to the BLM Branch Chief. Exhibit B is a sample blank task order form that will be used for future task orders. Exhibits C and D are specific to Task Order 01 and the Yepa Property.

7 Contract Fee Structure The fee structure of the Contract will be a "fixed sum" amount for each Task Order. The proposal submitted must clearly state the proposed fixed sum for the Yepa Property LDR/COS work, which will become Task Order 01 for the Contract. Subsequent task orders will be negotiated to determine the agreed on fixed sum for the specified work for each new project. The amount on the Yepa Property LDR/COS (Task Order 01) will be used in the process of determining the successful vendor. The vendor is to provide a breakdown of costs used to determine their bid for the Yepa Property LDR/COS work. These costing centers will be used in part to negotiate fixed sums for future task orders/projects. It is expected new task orders will mostly reflect costs unique to the LDR/COS, and land survey related requirements for the property such as the logistics associated with the location and access to the property, etc. Costs such as labor and overhead are considered fixed except when considerations for updating at the time STOI is considering the option to extend the contract period for each additional year. The vendor needs to provide a breakdown of how the Yepa Property LDR/COS costs were developed. These costing centers will be used to indicate the cost of doing business on future task orders. The extent to which the vendor describes the steps he or she would take to perform LDR/COS work to ensure it meets the standards sufficient for the BLM to certify such work will be a major factor to be considered. STOI has funds in place to have Land Description Review, Chain of Survey, and other related survey projects performed in accordance with the Bureau of Land Management Certified Federal Surveyors program. In most cases the vendor will submit LDR and COS certificates directly to the BLM along with all pertinent supporting materials for certifications. The vendor is also expected to notify STOI when materials have been submitted to the BLM. Any background documents deemed necessary by the vendor (such as lot book reports or recorded surveys) shall be obtained at the discretion of the vendor. The cost of acquiring these documents (via title company, record searches, etc.) can be a part of the proposed fixed sum, and should be included as part of the breakdown of proposed costs. Proposal Confidentiality Until the award is made and notice is given to all vendors, no employee, agent, or representative of a submitting vendor shall make available or discuss its proposal with any officer, member, employee, agent or representative of the STOI other than the Contact Person, except in response to inquiries from the contact Person as part of the evaluation process. Until the award is made and notice of award is given to all vendors, the STOI will not disclose the contents of any proposal or discuss the contents of any proposal with any vendor. Irregularities in Proposals The STOI may, at their discretion, waive technical irregularities in the proposal format of any vendor selected for award, which do not alter the price, quality or quantity of the services offered. Protest To be filed under STOI s Administrative Procedures Ordinance. Responsibility of Vendor It is the responsibility of the vendor to provide evidence that he/she is qualified to perform the required work expected under this contract. Evidence of qualifications may include, but are not limited to, the vendor s CFedS certification, financial resources, production or service facilities, personnel, service reputation and experience adequate to make satisfactory delivery of the services described in this RFP. The failure of a vendor to supply such information, as part of this

8 RFP, is grounds for a determination that the vendor is not qualified to perform the services described in this RFP. Vendor is required to include copies of insurance certificates showing the STOI as certificate holders, copies of all CFedS certificates and they must contact the STOI TERO Office (information below) for further information regarding STOI business license s and /or contractors information. Awarded vendor will be required to purchase a STOI business license and may also be required to provide additional documents prior to finalization or initiation of contracts. Clyde McCoy, Manager STOI TERO Office P.O. Box 100, Wellpinit, WA Covenants Against Kickbacks All conditions regarding covenants against kickbacks under 48 CFR ch apply. Failure to abide by the provisions of this section may, without further notice, result in the immediate termination of any contract awarded. Reservations THE SPOKANE TRIBE OF INDIANS RESERVES: 1. The right to reject any or all quotes, to serve in the best interest of the Spokane Tribe. 2. STOI may cancel this RFP at any time for any reason. STOI may reject any and/or all proposals for any reason as determined by STOI. 3. The right to negotiate with all or one respondent when such action is deemed to be in the best interest of the Spokane Tribe. 4. The right to cancel any agreement, if in its opinion there is a failure at any time to perform adequately the stipulations of the Scope of Work, or if there is any attempt to willfully impose upon the Spokane Tribe services which are in the opinion of the Spokane Tribe of an unacceptable quality.

9 EXHIBIT A FOR LDR/COS CERTIFICATES RFP TASK ORDER FOR Land Description Review and Chain of Survey Related Services Task Order No. 001 Subject to the Contract between the Spokane Tribe of Indians (STOI) and (Contractor), STOI hereby authorizes the Contractor as specified in this Task Order and in accordance with the above mentioned Contract. 1. Project Name: Yepa Property LDR/COS 2. Project Number: 3. STOI Representative: 4. Site Description: The Subject property is made up a Parcel Number , described as that part of the NE1/4NE1/4 of Section 25, Township 29 North, Range 36 East, W.M., in Stevens County, Washington, lying East of the centerline of the Ford Wellpinit Road, containing acres, more or less. 5. Scope of Work: The Contractor will perform work necessary to acquire LDR and COS certificates from the BLM for the Yepa Property to CFedS standards and in accordance with the terms and conditions hereinafter set forth and including those detailed in the Contractors proposals. Additionally, all materials necessary for the BLM certificates will be sent to the BLM and the Contractor is to notify the Tribe when they have been sent. 6. Schedule: 7. Compensation (full fixed sum for this Task Order): 8. This Task Order is subject to the following special provisions: a. b. ISSUED AND AUTHORIZED BY: STOI ACCEPTED AND AGREED TO BY: (CONTRACTOR) By: By: Title: Title: Date: Date:

10 Land Description Review Worksheet United States Department of the Interior Spokane Tribe Wellpinit, Washington To: By: Subject: BLM, Oregon State Office, Cadastral Survey Attention: Mary Hartel Chief Cadastral Surveyor of Washington (Name of CFEDS to prepare the certificates) Land Description Review (LDR) Worksheet BIA LAND AREA CODE: ALLOTMENT/TRACT NO.: PURPOSE: 102 (Name) Fee to Trust Please review the land description(s) in the attached conveyance/activity document(s) for the case identified above, complete the attached interoffice memo, and return them to me for filing in the official case file. The purpose for the LDR is:.fee to Trust In addition BLM is to report upon (check box(s), and within the brackets circle the requested service(s)): Condition of corner monuments based upon (existing knowledge or office investigation or field investigation). Condition of boundary line marking based upon (existing knowledge or office investigation or field investigation). Practicability of the boundaries for compliance with program purposes based upon (existing knowledge or office investigation or field investigation). Condition of Geographic Coordinate Data Base (GCDB). Review with GIS coordinator for specific needs. Acres determined from GLO/BLM records. Acres determined by other means. Other-. The LDR is needed by: (Insert Date) DATE TO BLM Authorized by: Name: Title and Contact Information: Date: (Signature) (Include agency or tribal affiliation and phone number) (Print Name) BIA Approving Official: Acting Superintendent, Spokane Agency Date Received By Cadastral Survey: Received By: Attachments: This worksheet is to be retained in the official case file

11 Chain of Surveys Worksheet United States Department of the Interior Spokane Tribe Wellpinit, Washington To: By: Subject: BLM, Oregon State Office, Cadastral Survey Attention: Mary Hartel, Chief Cadastral Surveyor of Washington (Name of CFEDS to prepare the certificates) Chain of Surveys (COS) Worksheet BIA LAND AREA CODE: ALLOTMENT/TRACT NO.: PURPOSE: 102 (Name) Fee to Trust With reference to the land description(s) in the attached conveyance/activity document(s) for the case identified above, please complete the attached interoffice memo, and return them to me for filing in the official case file (when applicable). The purpose for the COS is: Fee to Trust In addition BLM is to report upon (check box(s), and within the brackets circle the service(s)): A history of corners (without a field visit or with a field visit). A history of lines and measurements. Practicability of the corners (and/or) boundaries for compliance with program purposes based upon the chain(s) of surveys certification. Other- The Chain of Survey is needed by: [Insert Date] Authorized by: Name: Title and Contact Information: Date: [Signature] (include agency or tribal affiliation and phone number) [Print Name] BIA Approving Official Acting Superintendent, Spokane Agency Date Received By Cadastral Survey: Received By: Attachments: This form is to be retained in the official case file

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