00010179-Full_RFP-Heavy_Truck_Tax_Comparison_Study.pdf

RFP Solicitation S-73000-00010179 – Heavy Truck Tax Comparison Study

DAS Version 4.5 –ODOT Form S011-G050823 Page 1 of 24

STATE OF OREGON

Oregon Department of Transportation

REQUEST FOR PROPOSAL (“RFP”)

RFP TITLE: HEAVY TRUCK TAX COMPARISON STUDY

RFP/Bid Solicitation Number: S-73000-00010179

NON-A&E SERVICES

Date of Issue: See “Available Date” for this RFP in OregonBuys

Opening Date and Time: See “Bid Opening Date” and time for this RFP in OregonBuys.

Purchaser/Single Point of Contact: See “Purchaser” and “Info Contact” for this RFP in OregonBuys.

ASPIRATIONAL TARGET: A Certified Small Business Aspirational Target of 12% will be assigned to the Contract to ensure that contractors take reasonable steps to provide opportunities to Certified Firms. Refer to Exhibit H of the Sample Contract (RFP Attachment A) for further explanation and description of these non-binding Aspirational Targets.

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Notes:

• OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). See RFP section 1.3 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

• Hyperlinks: This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this RFP.

• Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Purchaser” and “Info Contact”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Opening Date” and time in OregonBuys).

• Non-Discrimination: Agency, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

https://oregonbuys.gov/bso/

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE 4

1.3 OREGONBUYS

1.4 RFP ATTACHMENTS

1.5 PURCHASER/SINGLE POINT OF CONTACT

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

2.5 PROJECT PHASES [RESERVED]

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS [RESERVED]

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 SUBMITTAL VIA OREGONBUYS

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 (Optional at Agency’s discretion)

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 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 PRINTING, BINDING, AND STATIONERY WORK [RESERVED]

6.10 CHECKLIST DISCLAIMER [RESERVED]

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal under the provisions of ORS 279B.060 on behalf of ODOT’s Budget, Economic and Debt Services Unit for Heavy Truck Tax Comparison Study services. Agency anticipates the award of one Contract from this RFP, refer to Attachment A – Sample Contract. Additional Project information is available in Section 2.4 Scope of Work/Specifications and Attachment H - Sample Statement of Work.

The Contract is anticipated to start September 1, 2024, and is expected to be completed by January 31, 2025. Pending successful negotiations, the selected Proposer shall perform its obligations according to the Contract.

Funding Source: State

1.2 SCHEDULE

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

Event Schedule

Pre-Proposal Conference N/A

Questions / Requests for Clarification Due

10 calendar days prior to the Bid Opening Date in OregonBuys for this RFP

Answers to Questions / Requests for Clarification Issued (approx.)

Estimated 7 calendar days prior to Bid Opening Date in OregonBuys for this RFP

RFP Protest Period Ends 10 calendar days prior to the Bid Opening Date in OregonBuys for this RFP

Opening (Proposal Due) See Bid Opening Date and time in OregonBuys for this RFP

Opening of Proposals See RFP section 4.8

Presentations, Demonstrations, or Interviews

N/A

Issuance of Notice of Intent to Award

Estimated 2 weeks following Bid Opening Date in OregonBuys for this RFP

Award Protest Period Ends 7 calendar days after issuance of Notice of Intent to Award

1.3 OREGONBUYS

1.3.1 Registration Requirement; OregonBuys User Guides.

All vendors must be registered in OregonBuys to do business with the state. Registration is free.

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To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf). Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys.

ODOT will accept no responsibility for incorrect vendor information.

For quick reference information regarding common questions from vendors when using OregonBuys, see User Guides under “OregonBuys eProcurement System” on the Contracting with ODOT webpage:

https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx.

1.3.2 Crosswalk of Terms used In OregonBuys

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 125-246-0110; or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 137-046-0100(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

Master Blanket Purchase Order (“MBPO”)

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

Purchase Order Any form of project-specific contract (not awarded under an existing MBPO)

Quote Any form of offer submission by vendors, i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

Release Requisition Any form of ordering instrument used under an MBPO, i.e.

Purchase Order, Work Order Contract, etc.

Vendor

Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

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1.4 RFP ATTACHMENTS

Attachments to this RFP are:

• A – Sample Contract

• B – Disclosure Exemption Certification

• C – Proposer Information and Certification Sheet

• E – Price Proposal Form

• G – Responsibility Inquiry Form

• H – Sample Statement of Work

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

• The Bid Ending Date and time specified under the Active Bid Solicitation section,

• The Purchaser name and contact information specified in the Header Information section, and

• Any documents, forms, or other files linked in the Bid Solicitation Attachments section.

1.5 PURCHASER/SINGLE POINT OF CONTACT

The single point of contact for this RFP is identified as the “Purchaser” along with Purchaser’s “Info Contact” in OregonBuys.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(3) and OAR 731-146-0150.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047- 0260. Agency may use a combination of the methods for Competitive Sealed Proposals, 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 and in RFP section 1.3.2 - Crosswalk of Terms used In OregonBuys.

Agency or ODOT: The Oregon Department of Transportation

APM: Agency’s Project Manager

DMV: Agency’s Driver and Motor Vehicle Services Division

SPC: Single Point of Contact

TAC: Technical Advisory Committee https://oregonbuys.gov/bso/ https://oregonbuys.gov/ https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309573

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2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Agency’s Budget, Economic and Debt Services Unit manages the legislative budget process, implementation of the Agency’s operational budget, including coordination of division and branch budget execution; forecasts the Agency’s revenues; performs economic and data analysis in support of financial, legislative, planning, and other functions; manages the Agency’s portfolio of more than $3 billion in bonded debt and oversees operations of the Oregon Transportation Investment Bank.

2.3.2 Project Overview, Background and Purpose

Agency is contracting for a Heavy Truck Tax Comparison Study.

The Agency’s primary funding mechanisms are three-fold: 1) fuel taxes; 2) weight-mile taxes;

and 3) DMV fees. Specific to weight-mile taxes, Oregon is one of five states that utilize a pay-per-mile taxing system for heavy trucks (as opposed to a fuel tax). Oregon’s system charges heavy truck operators a per-mile tax based on their declared weight, with tax rates increasing at 2,000-pound increments. In addition to a per-mile tax, heavy trucks in Oregon also pay title fees, and registration fees based on the declared weight of the truck.

This study will include two components:

• An analysis of the cost for a typical truck in Oregon and other western states of all state transportation taxes and fees, including registration, uniform carrier registration, fuels tax, weight-mile tax, vehicle sales taxes, and other non-apportioned miscellaneous taxes and fees (but not including general business taxes). This will be based on the average annual miles driven of a typical 80,000-pound tractor-trailer combination, based on Oregon mileage data. Based on the data about the cost for a typical truck, the analysis will also compare costs for a motor carrier with an average number of trucks, as well as small, medium, and large carriers.

• A scenario analysis of the cost to operate in Oregon of 56,000-pound, 80,000-pound, and 105,500-pound trucks based in different states to determine whether Oregon’s tax structure provides a competitive advantage or disadvantage to Oregon-based trucking firms when running miles in Oregon, compared to firms based in other states running miles in Oregon. For example, Consultant will analyze the cost of operating a truck based in Idaho for a specified number of miles in Oregon, Washington, Idaho, California, and Arizona compared to the same truck based in Oregon running the same number of miles in each state. Based on the data about the cost for a typical truck, the analysis will also compare costs for a motor carrier with an average number of trucks, as well as small, medium, and large carriers.

2.4 SCOPE OF WORK/SPECIFICATIONS

Refer to Attachment H – Sample Statement of Work.

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2.5 PROJECT PHASES [RESERVED]

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS [RESERVED]

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Proposer Information and Certification Sheet (Attachment C)

• Disclosure Exemption Certification (Attachment B) – submit only 1 copy if applicable - see Proposal Format and Quantity section below)

• Price Proposal Form (Attachment E)

• Key Persons and their Resumes

• Technical Proposal (Proposer’s responses to evaluation criteria 4.10.2.2 through 4.10.2.4)

See RFP section 5.3 for submittal requirements of selected firm after award notice.

3.2.2 Proposal Page Limits

The Proposal must not exceed 6 pages. If a Proposer submits a Proposal exceeding this limit, Agency will consider the pages up to that allowable page limit and discard all subsequent pages.

The Proposer may choose how to allocate pages between any sections, within the overall page limit. The following items do not count toward the page limit:

• Proposer Information and Certification Sheet (Attachment C)

• Disclosure Exemption Certification (Attachment B)

• Price Proposal (Attachment E)

• Key Staff Resumes

[REQUIRED] Proposals must use 12-point minimum font size for the substantive text (including text in tables) with the following exceptions which must use an 11-point minimum font size: RFP Attachment B – Disclosure Exemption Certification, RFP Attachment C – Proposer Information and Certification Sheet, and Key Staff Resumes. Proposers may use their discretion for the font size of other materials that do not include substantive text (e.g. graphics, picture or graphics captions, and organizational charts).

One page is defined as: one side of a single 8-1/2" x 11" page that meets the font size requirements stated in the preceding paragraph. Any page over this size will be counted as 2 pages. Any page, partial page, tabs, indexes, or table of contents with substantive text, tables, graphics, charts, resumes, etc., will be counted as 1 page.

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3.2.3 Proposal Format

Proposal must be organized in accordance with 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.

• Price information must be submitted via OregonBuys (see RFP section 3.3.3 for detailed format and submittal requirements).

• All other required submittal items must be submitted via OregonBuys in a single Adobe Acrobat (pdf) format file.

• In OregonBuys select the “Confidential” checkbox on the Create Quote page when uploading Proposal and any other files (“Quote”).

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a completed and signed Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.4 Electronic Submittal Provisions

3.2.4.1. Proposers shall make reasonable efforts to minimize the file size of attachments so the total for all submittal files does not exceed 20 megabytes (for tips on reducing file size, see:

How to reduce PDF file size (https://www.wikihow.com/Reduce-PDF-File-Size); How to reduce the size of Word documents that contain images (https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/).

3.2.4.2. Agency reserves the right to reject any submittal that is unreadable.

3.2.4.3. Agency reserves the right to award the Contract solely on the electronically submitted Proposal; however, upon Agency’s request, the apparent successful Proposer shall promptly submit its complete original signed Proposal.

3.2.4.4. Per OAR 731-146-0150(4), in the event of a failure of an Electronic Procurement System or email system that interferes with the ability to submit electronic Proposals, to protest, or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of electronic Proposals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

3.2.4.5. By submitting a Proposal in response to this RFP, Proposer (and if selected for award, also as the Contractor) agrees with Agency that Signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

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.

https://www.wikihow.com/Reduce-PDF-File-Size https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/ https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/

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

3.3.1 Proposer Information and Certification Sheet [REQUIRED]

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), with the “APPROVED” checkbox marked to certify approval of the Proposal and compliance with Oregon Tax Laws by a duly authorized representative empowered to bind the Proposer. Failure to demonstrate compliance with Oregon Tax Laws may result in a finding of non-Responsibility.

Also mark the appropriate box for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, use COI Disclosure Form(s) linked on Attachment C to make the disclosures.

3.3.2 References [RESERVED]

3.3.3 Price Proposal [REQUIRED]

Proposer shall submit a detailed Price Proposal using Attachment E as a separate file uploaded via the Attachments tab for this RFP in OregonBuys.

3.3.4 Key Persons and their Resumes

Proposer shall specify key persons to be assigned to this project according to 4.10.2.3. Include a current resume (not to exceed 2 pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP. A maximum of 4 resumes can be submitted.

Proposer shall use Key Staff Resumes form (using Agency form and minimum 11-point font).

Proposer shall keep the identifying footer on the Key Staff Resumes form. Key Staff Resumes form is, available at:

https://www.oregon.gov/odot/Business/Procurement/DocsPSK/keystaff.docx.

3.3.5 Technical Proposal

Proposer shall provide responses to evaluation criteria 4.10.2.2 through 4.10.2.4.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the OregonBuys eProcurement system (https://oregonbuys.gov/bso). RFP documents will not be mailed to prospective Proposers.

https://www.oregon.gov/odot/Business/Procurement/DocsPSK/keystaff.docx https://oregonbuys.gov/bso

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4.1.1 Addenda

Answers to questions Agency receives and that Agency, in its sole discretion, determines are substantive and provide new information, will be issued as official Addenda to this RFP. When appropriate, as determined by Agency in its sole discretion, revisions, substitutions, or clarifications of the RFP will be issued as Addenda to this RFP. Changes or modifications to this RFP will be binding on Agency only if in the form of written Addenda issued by the Agency. Any Addenda to this RFP will be published on OregonBuys in the Bid Solicitation Attachments section for this RFP. Prospective Proposer is solely responsible for checking OregonBuys to determine if any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

The “Purchaser” identified in OregonBuys for this RFP is the Agency’s Single Point of Contact for this solicitation. All inquiries, whether relating to the RFP process, administration, deadline, or method of award, the intent or technical aspects of the RFP, contractual requirements, or any other provision must:

• Be submitted in writing via email to the Purchaser identified in OregonBuys for this RFP. The email must include the RFP number and 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, RFP section 1.2.

Failing to follow the foregoing requirements regarding the Purchaser/Single Point of Contact for inquiries may result in Proposal rejection by Agency. Answers to questions Agency receives will be posted in OregonBuys (in the Bid Solicitation Attachments section for this RFP) to ensure that all Proposers base their Proposals on the same information. Responses to questions provide clarifications and interpretations but do not change RFP requirements. When appropriate, as determined by Agency in its sole discretion, revisions, substitutions, or clarifications of this RFP or attached terms and conditions will be issued as official addenda to this RFP. Changes or modifications to this RFP shall be binding on Agency only if in the form of written addenda published on OregonBuys.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

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

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4.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

4.4.3 Requirements for Protests

All Protests must:

• Be delivered via email to the Purchaser identified in OregonBuys for this RFP,

• Reference the RFP 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,

• 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, RFP section 1.2, and

• Protests to Addenda must be received by the due date identified in the respective

Addendum.

4.5 PROPOSAL SUBMITTAL VIA OREGONBUYS

Proposer is solely responsible for ensuring its Proposal and all required submittal items are submitted through OregonBuys in accordance with the RFP requirements before the Bid Opening Date. Proposals submitted by any other means will be rejected.

Agency is not responsible for any delays by transmission errors or delays, or for any mis-delivery for any reason. Additional information may be found in the OregonBuys Terms of Use.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to withdraw or modify a submitted Proposal, Proposer must do so using the “Withdraw Quote” button in OregonBuys prior to the Bid Opening Date and time for this RFP in OregonBuys. Proposal withdrawals and modifications must be in conformance with requirements set forth in OAR 137-047-0440.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received in OregonBuys on or before the Bid Opening Date and time for this RFP specified in OregonBuys.

A Proposal received after the Bid Opening Date and time is considered LATE and will NOT be accepted for evaluation.

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4.8 PUBLIC OPENING

There will be no public Opening of Proposals. 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 137-047-0630. However, Agency will record and make available the identity of all Proposers after Opening.

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.

• 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 Purchaser or persons authorized by the Purchaser or makes inappropriate contact with the Purchaser.

• 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 Addenda.

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination, Scoring Deductions

4.10.1.1 Responsiveness Determination (PASS/FAIL)

A Proposal received prior to the Bid Opening Date for this RFP will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. Items in Section

4.10.2 marked as “PASS/FAIL” that are incomplete (except for minor informalities), not submitted by Proposal due date and time, or are otherwise not in substantial conformance with the requirement, will be rejected as non-responsive. Proposals must comply with ALL requirements marked as “PASS/FAIL” to be considered for further evaluation.

If the Proposal is unclear, the Purchaser may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the Purchaser finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.10.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) following receipt of Intent to Award notice as required in RFP section 5.3.4.

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

4.10.1.3 Scoring Deductions

• Proposals will receive a 2% scoring deduction, based upon the total available points, for each item in Section 4.10.2 marked as “REQUIRED” that is incomplete (except for minor informalities) or not submitted with the Proposal in substantial conformance of the requirement. Incomplete or missing items must be completed and submitted within 2 business days of e-mail request by Agency (this does not apply to “PASS/FAIL” items which must be submitted by Proposal due date and time). Missing or incomplete items must be delivered via e-mail to provide an appropriate time stamp.

Failure to complete and deliver missing or incomplete “REQUIRED” items within 2 business days of request by Agency shall result in Proposal rejection. Time limitations will be based upon the time of the e-mail sent by Agency and the time of the e-mail sent in response to Agency notification.

• Proposals not in conformance with the 12-point minimum font requirements for substantive text (including text in tables) and 11-point minimum font size for resumes or Key Staff Resume form (if required) will receive a 3% scoring deduction and will not be sent back to Proposer for correction.

• Scoring deductions are on an average score per Proposal basis and not a deduction per evaluator. For example, if a Proposer received an average score of 92 points from the evaluation committee, a 2 percent scoring deduction would result in a Proposal score of 90. (Percentage will be rounded to either the lower number if under .5% or to the higher number if .5% or over.)

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available listed for each scored item.

The Proposal must describe how Proposer meets the requirements that are specified in this RFP as related to the scoring criteria below. Be clear and concise. Purchaser 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 - Clarity of Proposal and Conformity with Requirements Max Points: 10

The Proposal must be organized in accordance with the list of Scoring Criteria categories in section 4.11. Proposals will be scored by evaluators on the following factors: Proposal format; ease of finding clear, concise responses that correlate with the order of evaluation criteria in this RFP; and Proposers ability to follow instructions.

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4.10.2.2 Evaluation Item 2 - Experience and Availability Max Points: 40

Describe Proposer’s experience conducting similar tax and cost comparison studies. Describe how Proposer will accomplish the major activities of this study detailed in the Scope Work (see RFP section 2.4) and meet the requirement for a final report by 23 weeks after NTP.

4.10.2.3 Evaluation Item 3 – Key Persons Max Points: 15

Identify Key Persons according to RFP section 3.3.4 noting any previous demonstrated experience conducting transportation-related tax and fee economic research studies (resumes are not scored and will be used to help inform Proposer’s qualifications).

4.10.2.4 Evaluation Item 4 - Study Proposal Max Points: 65

Provide a comprehensive study proposal describing how Proposer will accomplish the Scope of Work (see RFP section 2.4). Include detailed breakdown for each of the tasks described in the Sample Statement of Work, including:

• Study Methodology Development – Briefly describe how Proposer would carry out the requirements of this task, and

• Data Collection, Modeling, and Results – Briefly describe how Proposer will effectively gather, organize, and manipulate data. Describe modeling methodology, and how results will be organized and interpreted.

4.10.2.5 Evaluation Item 5 - Price Proposal Max Points: 20

Provide a price proposal according to RFP section 3.3.3.

Following scoring and ranking of Proposals based on the qualifications-based criteria, the Purchaser will conduct the price evaluation. The Purchaser 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:

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

Pricing information will be shared with the evaluation committee.

4.10.3 PREFERENCES

4.10.3.1 Oregon Supplies and Services [RESERVED]

4.10.3.2 Reciprocal Preference

For evaluation purposes per OAR 137-046-0310, 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 (https://www.oregon.gov/DAS/EGS/ps/Pages/reciprocal.aspx).

https://www.oregon.gov/DAS/EGS/ps/Pages/reciprocal.aspx

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4.10.3.3 Recycled Materials

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

4.10.3.4 Tiebreakers

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

4.10.3.5 Offer Period

A Proposer's Proposal is a firm offer, irrevocable, valid, and binding on the Proposer for not less than 180 days following the closing date for this RFP. Agency may request, either orally or in writing, that Proposer extend the offer period in writing.

4.10.3.6 False or Misleading Statements

Any statements, written or verbal, provided by the Proposer deemed by the Agency to be false or misleading will result in all or portions of the proposal including demonstrations to be rejected and removed from consideration in the evaluation for project award.

4.11 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

The maximum points possible for each evaluation item are listed in the table below.

The Purchaser will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Purchaser as stated in section 4.10.2.5 - Price Evaluation. Applicable preferences in section 4.10.4 are applied to the price score as appropriate to determine the final price score.

RFP Section Description Points

4.10.2.1 Clarity of Proposal and Conformity with Requirements 10

4.10.2.2 Experience and Availability 40

4.10.2.3 Key Persons 15

4.10.2.4 Study Proposal 65

4.10.2.5 Price Proposal 20

TOTAL POINTS POSSIBLE: 150

4.12 RANKING OF PROPOSERS

The Purchaser will average the scores for each Proposal in each round of competition (calculated by

DAS Version 4.5 –ODOT Form S011-G050823 Page 17 of 24 totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The average score will be added to the Proposer’s price score to determine their total 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 with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

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

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 Agency’s sole discretion, it is 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, in its sole discretion, may increase or decrease the number of Proposers selected for the Competitive Range if there is a natural break in the scores.

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 Purchaser,

• Reference the RFP number,

• Identify Proposer’s name and contact information,

• Be sent by an authorized representative,

• State the reason for the protest, and

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• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

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 (OPTIONAL AT AGENCY’S DISCRETION)

4.14.1 Interviews/Follow-up Questions

If Agency determines interviews or follow-up questions are necessary, Proposers in the Competitive Range will be invited to participate, and the following will apply:

• Evaluators will score the interviews/follow-up questions. Evaluators may not be the same evaluators which scored written proposals.

• The interviews/follow-up questions will have a maximum score of 50 points.

• Interviews may be in person at a location determined by Agency; however, Agency may elect to conduct interviews via teleconference or video conference.

• As an alternative to interviews, Agency may elect to send follow-up questions via email to

Proposers in the Competitive Range. Agency must receive Proposers’ responses to the follow-up questions by the deadline set forth in the email to Proposers. Agency may conduct face-to-face interviews if determined necessary after conducting written follow-up questions.

• Further details regarding interviews or follow-up questions will be included with Notice of Competitive Range.

4.14.2 Best and Final Offers

Proposers in the Competitive Range may be invited by the Purchaser to 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. 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 the RFP number for this solicitation,

• Submit an electronic copy of the revised Proposal signed by Proposer’s authorized representative,

• Clearly identify the information included in 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, DAS Version 4.5 –ODOT Form S011-G050823 Page 19 of 24

• Include the replacement information, which shall comply with the requirements of any applicable Sections (identified by number) and each of the Items listed below,

• Include a redlined version of the Sample Contract (attached to the RFP as Attachment A) and all other documents applicable to the requests set forth in the RFP or applicable Addendum (identified by number),

• Include a Best and Final Offer letter, signed 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 the Bid Opening Date, 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 Purchaser 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

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP. Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. Agency may select the next ranked Responsive and Responsible Proposer, issue an Intent to Award notice and begin a new award protest period. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any Proposer.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

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• 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.

5.2.1.1 Protest Requirements:

Protests must:

• Be submitted via email to the Purchaser identified for this RFP in OregonBuys,

• Reference the RFP number,

• Identify Proposer’s name and contact information,

• Be signed by an authorized representative,

• 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.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) selected for a Contract award under this RFP will be required to submit additional information via email and comply with the following:

5.3.1 Insurance

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

5.3.2 W-9 Form

Proposer shall provide its Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

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

https://www.irs.gov/pub/irs-pdf/fw9.pdf http://sos.oregon.gov/business/pages/register.aspx

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5.3.4 Responsibility Inquiry

Within 5 Business Days following the Intent to Award notice, Proposer shall complete and submit Attachment G — Responsibility Inquiry.

5.3.5 Pay Equity Certification

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Contractor’s compliance with this section constitutes a material element of the Contract and a failure to comply constitutes a breach that entitles Agency to terminate the Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

If selected for award and the Contract 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. This requirement is also set forth on Attachment G – Responsibility Inquiry.

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

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer’s authorized representative must certify by marking the “APPROVED” checkbox and entering their name and title on Attachment C - Proposer Information and Certification Sheet that, in accordance with ORS 279A.112, Proposer has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class.

The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.7 Price Information / Cost Data

Following development of the Statement of Work, the selected Proposer shall submit a detailed Breakdown of Costs (BOC or BOC-NBR, as applicable, available at https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx) with cost information as required in the Contract.

5.3.8 Other Required Information [RESERVED]

https://www.oregon.gov/das/Procurement/Pages/PayEquity…