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CONFEDERATED TRIBES OF

COOS LOWER UMPQUA AND SIUSLAW INDIANS

TRIBAL ADMINISTRATION OFFICE

1245 Fulton Ave. • Coos Bay, Oregon 97420 • (541) 888-9577

Date: December 14, 2017

To: All interested and qualified Marine environmental professionals or legal consultants

Subj: Tribal Estuary Response Plan Request For Proposals

The Confederated Tribes of the Coos, Lower Umpqua & Siuslaw Indians (the “Tribe” or

CTCLUSI) requests that qualified persons, firms, partnerships, corporations, associations, or

professional organizations (“Firm” or “Firms”) submit a proposal that includes qualifications for

Estuary Response Plan Writing services.

The deadline for receipt of complete statements of qualifications in accordance with the following

instructions is 3:00 PM (Pacific Daylight Savings Time) on January 10, 2018. Responses delivered

after the stated deadline will not be considered.

THIS SOLICITATION IS OPEN TO ALL INTERESTED AND QUALIFIED INDIAN AND

NON-INDIAN FIRMS.

BACKGROUND

Today, our Tribe is made of constituent bands called Hanis Coos, Miluk Coos, Lower Umpqua and

Siuslaw. In the late 1850’s, our ancestral lands were stripped away and our peoples were forcibly

relocated numerous times before ending up north in Yachats, Oregon within the Great Coast

Reservation. More than half of our peoples lost their lives due to starvation, illness or physical

abuse. When the Reservation closed in 1875, survivors were asked by the federal government to

move to the north to another reservation, but most decided that there had been too many broken

promises. Homesick and heartbroken, many of our ancestors made their way back to their

respective homelands, although their lives were often very different and difficult.

Further damaging the moral of Tribal members, the Tribe was terminated in the 1950’s. After

decades of struggle and sacrifice, their spirits were finally uplifted when the Tribe was restored in

1984. Since restoration, the Tribe has worked to rebuild its capacity and ancestral land base through

land acquisitions and, when appropriate, conveyance programs.

The Tribe relied, and continue to rely on the natural resources of the area to supply food, clothing,

medicine, and shelter. Main sources of food for the Tribe, particularly marine in origin, continue to

be: salmon, lamprey, eulachon, clams, mussels, crabs, seaweed, and seals, all of which rely on

certain water conditions to thrive. A large concern affecting these conditions are maritime coal and

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oil spills, which continue to impact Tribal Resources. The most recent oil spill was in 1999, when

the New Carissa shipwrecked on the North Spit of Coos Bay. The incident released an estimated

70,000 - 140,000 gallons of fuel into the marine and wetland environment, killing over 3000 birds,

severely damaging traditional clam and crab harvesting sites, and costing an estimated loss of

$413,056 in recreational revenues. The Tribe was never compensated for the damages that were

done to their resources and traditional harvesting areas.

Due to the nature of the Tribe’s traumatic history, Tribal members desire to preserve, protect, and

enhance the Tribe’s natural environment and its vast resources. The Tribe’s culture is shaped by

these resources in nearly every way; they make us who we are today. In order to sustain our cultural

identity, the Tribe seeks to continue traditions of protecting, preserving, and enhancing our ancestral

coastal waters and inlets where we once gathered and continue to gather and harvest. These

traditions are vital for our survival as Tribal peoples.

SITE

The Ancestral Lands of the Coos, Lower Umpqua, and Siuslaw Indian Tribe stretches from Tenmile

Creek in Lincoln County, Oregon, to the South near Whiskey Creek in Coos County, reaching West

twelve miles past the continental shelf out in the Pacific Ocean and East, inland to the Coastal

Mountain Range of Oregon. Within the Ancestral Territory, the Siuslaw, Umpqua and Coos are

major rivers that are still actively used for food and plant harvesting. Watersheds and sub-

watersheds created by the drainage of these rivers have become home to tributaries and coastal

lakes, all of which provide important Tribal resources.

Areas of interest include, but are not limited to, the five county service area: Lincoln, Coos, Curry,

Douglas, and Lane counties; waters within the Tribe’s Ancestral Territory including Tribally owned

and non-Tribally owned lands; and lands that contain headwaters of rivers or tributaries that flow

through our Ancestral Territory/Tribally owned lands.

PURPOSE OF RFP

This RFP is for hiring qualified Environmental and Marine Professionals and/or Firms to develop 1)

a Tribal Estuary Response Plan to protect Tribal resources, so as to protect the innate value of these

resources, human health and our culture and 2) a Tribal Estuary Response Plan which includes a

Response Plan for Hazardous Materials and Oil Spills for Tribal implementation and 3) establish

future stewardship roles for the Tribal Response Program through implementation of the Plan.

As a sovereign government and one that receives federal funding and Congressionally-appropriated

funds, the Tribe must strictly adhere to a formal procurement policy when securing any professional

services. To streamline the procurement process for both the Tribe and for interested Contractors,

information obtained under this RFP may be used by the Tribe to evaluate each Firm, and to pre-

qualify one or more Firms for future work.

Each Firm responding to this RFP should be prepared and equipped to provide full service to the

Tribe in a timely and expeditious manner, and with relatively short notice so as to enable the Tribe

to meet critical time deadlines and schedules.

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The Firm or Firms must be qualified to perform estuary and shoreline planning as needed by the

Tribes as well as identify resources and help establish response procedures or related analysis.

The Estuary Plan RFP will become an important part of the ongoing effort to enhance human

health, natural resources and Tribal culture, on behalf of our Tribe’s current members and of their

descendants.

SCOPE OF WORK

To be considered for selection, the Firm shall be qualified and capable of delivering the following

services anywhere in the State of Oregon, but primarily in the counties of Coos, Curry, Douglas,

Lane, and Lincoln:

1. Complete a Tribal Estuary Response Plan that includes the following elements:

a. Tribal area of interest, including maps and discussions

b. Table of Contents

c. Purpose

i. Objectives

ii. Goals

iii. Strategies for implementation

d. Tribal uses which include a list of resources (shellfish, plants, animals, etc.) used by

the Tribe

e. Existing data, analysis and gaps which include, but are not limited to: water quality

standards (WQS); our water quality collection data loggers; west cost data portal; the

Northwest Association of Networked Ocean Observing Systems NVS; West Coast

regional planning body; West Coast Ocean Data Portal; state ocean planning efforts

or groups; and local plans such as the Northwest Association of Networked Ocean

Observing System (NANOOS).

f. Outreach and education

g. Stakeholder engagement

h. Compliance Guidance/Applicable Laws and Recommended Ordinances

i. Any Acts, Policies, or Bills relevant to hazardous materials and oil spills on

Navigable Waters

i. Mitigation opportunities

j. Ordinance development opportunities

k. Funding

l. Plan for developing a compensation schedule

m. Spill Response Plan

i. Coordination opportunities: a detailed collaboration strategy with Agencies

involved with hazardous materials and oil spill response

ii. Flowchart of coordination opportunities (i.e. how the Tribe interacts with

agencies, share resources and cooperate with one another)

iii. First responder guidelines and safety protocols

iv. Contact list of response cooperatives and state and tribal entities including,

but not limited to Surfriders, Port of Siuslaw, Port of Umpqua, Port of Coos

Bay, the United States Coast Guard Oregon Department of Environmental

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Quality, etc., as well as a contact list of neighboring coastal Tribes that could

be affected in the event of a maritime spill

v. Detailed and comprehensive oil and hazardous materials clean up protocol

vi. Clean up strategies for specific locations, such as biological sights where

species and habitats are concerned, archeological and cultural sites, and

socioeconomic sites

vii. Provide subsequent resource assessments and list the marine and/or wetland

resources (i.e. species, fisheries, sand, clay and silt) that could be impacted in

the event of a discharge or substantial threat of discharge of oil or a release or

substantial threat of a release of hazardous substances

viii. Include (a) financial funds available for affected, lost, or damaged human

health and/or Tribal resources, such as the EPA’s Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA)

reimbursement funds or the Oregon Oil Spillage Control Funds and (b)

Mitigation opportunities for affected, lost, or damaged human health and/or

Tribal resources

ix. Protocol to track and log ship incidents, railroad incidents, and fire hazards

due to oil spills or the release of hazardous materials

2. The Estuary Plan must include all “Navigable Waters of the US” within the boundaries of

the Tribe’s Ancestral Territory as well as waters that are identified by the Tribe’s as being

Tribal waters that are not otherwise identified as being “Navigable Waters of the US.”

3. The Estuary Plan should address (a) potential water quality issues that could impact human

health and (b) potential water quality issues that could impact Tribal resources.

4. Closely tie Plan implementation to existing networks such as with the North West Area

Contingency Plan (NWACP) and Regional Response Team (RRT), which was adopted as

the state of Oregon’s response plan. Provide any associated references to State and Federal

requirements.

5. The Firm shall coordinate work as required with the Tribe’s Cultural and Natural Resources

Stewardship Department and Administration. The Firm shall also work cooperatively with

the Tribe’s Tribal Response Program (TRP) to engage with stakeholders or funders.

6. The Plan will be funded though CERCLA Section 128(a) and shall follow all appropriate

federal guidelines.

7. References:

a. http://olympiccoast.noaa.gov/involved/sac/present_culturallandscapes_makah.pdf

b. http://www.tolowa-nsn.gov/tcmsp/

c. https://www.cclr.org/sites/default/files/Day%202_4c_Chad%20Bowechop_MTC-

OMA_EPA-TRP-128a_prgm_San-Fran_9-16.pdf

d. https://www.rrt10nwac.com/nwacp/

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SUBMITTAL REQUIREMENTS

The Firm or Firms meeting the stated limitations, and that have the capability and qualifications to

perform the required services, are invited to respond by submitting a Proposal for development of a

Tribal Estuary Response Plan consisting of five (5) hard copies and one (1) digital copy (PDF on

thumb drive) of documents containing the following information, and with one hard copy

containing original signatures:

1. A letter, dated and signed by the principal of the Firm, transmitting the Proposal.

2. Responses to each selection criteria element. (See “CRITERIA FOR ASSESSMENT AND

SELECTION” below.) Total response must not exceed ten (10) single-spaced typewritten

pages.

3. To be considered, the Firm or Firm’s Proposal must be received via U.S. Mail, commercial

courier service (UPS, FedEx, etc.), or personal delivery at the address shown under the

“INQUIRIES AND SUBMITTALS ADDRESS” no later than 3:00 PM (Pacific Daylight

Savings Time) on January 10, 2018.

CRITERIA FOR ASSESSMENT AND SELECTION

The Firm or Firms shall have no contact related to this RFP with the Tribe, other than with the

contact person specified within this document. Any such contact may subject the Firm to immediate

disqualification for consideration.

All questions regarding this RFP must be directed via e-mail to Margaret Corvi shown under

“INQUIRIES AND SUBMITTALS ADDRESS” no later than one (1) week prior to the due date

of the RFP submittal. Questions later than one week prior to submittal of the RFP will not be

considered.

Responding Firm or Firms will be evaluated based on the following selection criteria:

1. Certification: The Tribal Estuary Response Plan work will only be accepted from qualified

Environmental and Marine and/or Wetlands Professionals or Firms with this experience.

Qualifications will be well described by all Firms or individuals submitting proposals.

Please specify in your application how you satisfy these criteria. QUOTES MUST

CONTAIN A CLEAR AND DEFINITIVE DESCRIPTION OF HOW THE PERSON

COMPLETING OR SUPERVISING THE COMPLETION OF THE INVESTIGATION

MEETS THE CRITERIA.

(Pass/Fail Evaluation Factor –this requirement MUST be met for a Firm or Firms to be

considered).

2. Qualifications of the Firm or Firms: Describe the qualifications of the Firm or Firms that

will provide professional services to develop a Tribal Estuary Response Plan. The Firm or

Firms must include any subcontractors or consultants that may form a part of the team (if

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applicable). Preference will be given to a Firm or Firms with experience in and around the

Tribe’s five-county service area (Coos, Curry, Douglas, Lane, and/or Lincoln).

(25% of the Evaluation Criteria)

3. Qualifications of the Project Manager and Project Team: Identify the project manager

and team personnel that will be assigned to the Tribe’s projects. This shall include the

demonstrated project management and quality control methods employed by the team.

(25% of the Evaluation Criteria)

4. Past Performance on Work for Government and/or Tribal Agencies with Respect to

Cost Control, Quality of Work, and Compliance with Performance Schedules: Provide

information on the Firm or Firm’s last five (5) completed federal or tribal projects. Identify

the customer or client, and provide a primary point of contact with phone and email. Also:

a. Provide original scope and budget, and final scope and cost;

b. Provide original schedule and actual completion time.

(15% of the Evaluation Criteria)

5. Response Capability / Project Understanding: Preference may be afforded to the Firm or

Firms that, in the opinion of the Tribe, will be able to adequately respond to requests for

meetings, and project administration requirements. Preference may also be afforded to the

Firm or Firms that, in the opinion of the Tribe, have an in-depth understanding of the task

requirements, governmental procedures, and the local community environment. Also:

a. Provide the scope, budget and cost;

b. Provide schedule for completion

(20% of the Evaluation Criteria)

6. Knowledge of Marine or Estuary Plans and/or Spill Response Plans: Describe

knowledge, and discuss previous directly related work experience.

(10% of the Evaluation Criteria)

7. Compliance with Indian Preference Requirements: This work is subject to Federal and

Tribal Indian preference laws and regulations.

a. Indicate if the Firm or Firms is/are a qualified Indian organization or Indian-owned

economic enterprise.

b. Regardless of whether or not the Firm or Firms is/are a qualified Indian organization

or Indian-owned economic enterprise, discuss how the Firm or Firms will meet

Indian preference requirements for employment and training of qualified Indian

persons, and subcontracting opportunities for Indian-owned Firms or consultants.

c. Describe any prior work with Indian Tribes (up to 2%)

(5% of the Evaluation Criteria)

SELECTION PROCESS

The Tribe will convene a selection board (“Board”) to review all timely submissions. The Board

may also conduct in-person interviews, submit written interrogatories, or conduct other

supplemental investigations of the Firm or Firms as the Tribe deems appropriate.

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The Board will select not more than three (3) Highly Qualified Firms after completion of reviews,

interviews, and/or investigations.

The top-ranked Firms will be invited to submit a proposal for work to be performed. If a fair and

reasonable price is reached with an acceptable work delivery timeline, a fixed price contract will be

awarded.

If a fair and reasonable price is not reached, and/or if the work delivery schedule is unacceptable,

negotiations with the top-ranked Firm or Firms will be discontinued and the second-ranked Firm or

Firms will be asked to submit a proposal. This process will continue until a contract is awarded.

The same process will be used to award additional contracts for a period of not more than five (5)

years.

This Request for Proposals does not oblige the Tribes to proceed with the Project. The Confederated

Tribes reserves the right to modify the scope of the request or Project and/or reject any and all

quotes received as a result of this request. In the event that it becomes necessary to revise any part

of the Request for Proposals, addenda will be provided to all parties who received the initial RFP.

The assessment and ranking of each applicant will be retained by the Tribe and will not be a matter

of public record. The evaluation criteria may be obtained by the Tribe at any time and will follow

the criteria set forth in this RFP.

CONTRACT AWARD

The Tribe will maintain sole discretion in the assignment of the project.

The selected Firm or Firms must use the Tribe’s standard contract for professional services which is

available upon request.

Any proposed changes or exceptions to the Tribe’s standard contract may be addressed during

contract negotiations following selection of three or more highly qualified Firms. However,

contract provisions relating to TRIBAL JURISDICTION, INDIAN PREFERENCE, and

SOVEREIGN IMMUNITY are generally not subject to change or deletion.

PRE-CONTRACTUAL EXPENSES

The Tribe shall not be liable for any pre-contractual expenses incurred by any Firm or Firms. Each

Firm shall protect, defend, indemnify, and hold harmless the Tribe from any and all liability, claims,

or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its

response to this RFP.

Pre-contractual expenses are defined as expenses incurred, if any, in:

Preparing and submitting information in response to this RFP

Negotiations with the Tribe on any matter related to this RFP

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Costs associated with interviews, meetings, travel or presentations

All other expenses incurred prior to the date of award and a formal notice to proceed

RESERVED RIGHTS

The Tribe reserves the right to amend, withdraw and cancel this request.

The Tribe reserves the right to request or obtain additional information about any and all proposals.

The Tribe reserves the right to reject any and all submissions made in response to this RFP if it is

deemed in the best interest of the Tribe.

The RFP process shall not be considered final until a contract has been successfully executed with

the selected HQF(s).

INQUIRIES & SUBMITTALS ADDRESS

The Tribe’s point of contact for this RFP is:

Margaret Corvi, Natural Resources Director

Confederated Tribes of Coos, Lower Umpqua & Siuslaw Indians

1245 Fulton Avenue

Coos Bay, OR 97420

Email: mcorvi@ctclusi.org (email communications preferred)

Phone: (541) 888-9577

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Ancestral Map

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Lower Umpqua River System

Siuslaw

River

System

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Coos River System

—END RFP—