00010942 RFP Final.doc

RFP/Bid Solicitation S-73000-00010942 Migration and Integration Services for Migration from TransInfo

State of Oregon

Oregon Department of Transportation Request for Proposal (“RFP”)

RFP TITLE: Migration and Integration Services for Migration from TransInfo RFP/Bid Solicitation Number: S-73000-00010942 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.

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.

Table of Contents

4SECTION 1:

GENERAL INFORMATION

41.1

INTRODUCTION

51.2

SCHEDULE

51.3

OREGONBUYS

71.4

RFP ATTACHMENTS

71.5

PURCHASER/SINGLE POINT OF CONTACT

7SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

72.1

AUTHORITY AND METHOD

72.2

DEFINITION OF TERMS

72.3

OVERVIEW AND PURPOSE

92.4

SCOPE OF WORK/SPECIFICATIONS

9SECTION 3:

PROCUREMENT REQUIREMENTS

93.1 MINIMUM QUALIFICATIONS - Reserved

93.2

MINIMUM SUBMISSION REQUIREMENTS

103.3

PROPOSAL REQUIREMENTS

11SECTION 4:

SOLICITATION PROCESS

114.1

PUBLIC NOTICE

124.2

PREPROPOSAL CONFERENCE

124.3

QUESTIONS / REQUESTS FOR CLARIFICATIONS

124.4

SOLICITATION PROTESTS

134.5

PROPOSAL SUBMITTAL VIA OREGONBUYS

134.6

PROPOSAL MODIFICATION OR WITHDRAWAL

134.7

PROPOSAL DUE

144.8

PUBLIC OPENING

144.9

PROPOSAL REJECTION

144.10

EVALUATION PROCESS

174.11

POINT AND SCORE CALCULATIONS

174.12

RANKING OF PROPOSERS

184.13

NEXT STEP DETERMINATION

184.14 ADDITIONAL ROUNDS (Optional at Agency’s discretion)

184.15

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

19SECTION 5:

AWARD AND NEGOTIATION

195.1

AWARD NOTIFICATION PROCESS

195.2

INTENT TO AWARD PROTEST

205.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

215.4

CONTRACT NEGOTIATION

21SECTION 6:

ADDITIONAL INFORMATION

216.1

COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

226.2

CERTIFIED FIRM PARTICIPATION

226.3

GOVERNING LAWS AND REGULATIONS

226.4

OWNERSHIP/PERMISSION TO USE MATERIALS

226.5

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

236.6

COST OF SUBMITTING A PROPOSAL

236.7

STATEWIDE E-WASTE/RECOVERY PROCEDURE

236.8

RECYCLABLE PRODUCTS

236.9

CHECKLIST DISCLAIMER

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 for migration and integration services for migration from TransInfo.

Additional details on the Scope of the Goods or Services or both are included in Attachment A, Statement of Work section.

Agency anticipates the award of one Contract from this RFP.

1.2 SSCHEDULE

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.

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. 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.

See OregonBuys User Guides located on OPO’s Contracting with ODOT page (https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

1.3.2 Crosswalk of Terms used In OregonBuys

1.4 RFP ATTACHMENTS

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

· Details entered in the Header Information section;

· All RFP attachments, “Amendments” (if any), and any other files linked in the File Attachments and Form Attachments subsections; and

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

1.5 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 under the authority of the Department of Administrative Services (DAS) delegation 1095-20 (as amended), DAS Tiered Delegation Agreement.

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

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below and in RFP section 1.3.2 - Crosswalk of Terms used In OregonBuys.

2.3 OVERVIEW AND PURPOSE

The purpose of this procurement is to procure migration and integration services in support of Agency’s project to overhaul the existing transportation network data management system and achieve the objectives outlined in Exhibit A (Statement of Work Section) to Attachment A, Sample Contract. Contractor will use expertise in linear referencing and transportation asset data management (including logical and physical asset data) to participate in the finalization and implementation of modernized linear referencing network data, workflows, and associated asset data sets.

The duration of the work is estimated to be two years from notice to proceed (“NTP”), excluding contingency work for external partner data integration that will take an additional year.

The Project is being led by an Agency Project Manager (“APM”) and the “Project Team” is comprised of Agency personnel, other third-party consultants, as well as selected Contractor's employees (“Contractor”). Due to the interdependence between the work performed by other third-party consultants and the Services performed by the Contractor, the time period during which certain Services will have to be performed, and the due dates for attendant Deliverables, may need to be adjusted from time to time in order to accommodate events not related to the Services provided by Contractor.

Contractor Key Person(s) providing services for this Project must have a wide range of skills including, but not limited to:

· Expert-level understanding of linear referencing in a geospatial environment and experience implementing linear referencing systems.

· Experience applying industry-accepted organizational change management practices to support agencies working with linear referencing in a geospatial environment.

· Familiarity with Esri Roads and Highways is preferred, including demonstrated experience with multiple state DOTs. Contractor’s expertise with Esri products should include experience with Esri’s Data Reviewer and Workflow Manager extensions in a linear referencing context.

· Experience writing reports, publishing web services and applications, and manipulating and migrating data using:

· Esri applications and extensions.

· Microsoft Power BI Desktop and Reporting Server.

· Feature Manipulation Engine (FME) by Safe Software.

· Experience with data analysis and migration processes for linear referencing and asset data. Experience with migrating data and assets from Bentley’s AWLRS or Exor products is preferred.

· Strong business and data analysis skills.

· Strong oral and written communication skills.

· Experience working closely with business staff to document needs and technical processes.

· Experience gathering and documenting business and data requirements and translating functional needs into business requirements.

· Requires minimal amount of supervision to complete work.

· Experience producing practical and usable documentation in a wide variety of formats including formal documentation, studies, narratives, charts, diagrams, record layouts, reports, screens, files, etc.

The following are general requirements for the project:

· Contractor shall coordinate all Services with the APM.

· Contractor will designate a lead person to be the primary point of contact familiar with all Contractor activities undertaken in the Statement of Work.

· While performing Services pursuant to this Scope of Services, Contractor shall consult and collaborate with all internal and external stakeholders to ensure that Agency objectives defined in Exhibit A (Statement of Work Section) to Attachment A, Sample Contractare met.

· Contractor shall provide all deliverables to the Agency Project Manager, unless otherwise directed by the Agency Project Manager during the project. All deliverables are subject to peer review at 80 percent completion. Contractor shall participate in the peer reviews and update deliverables to address identified concerns. If conditions change after initial Agency approval of a document, Contractor shall update the deliverable to reflect changes and will document changes in a Change Log, where indicated. The Change Log must include a description of the original content (if applicable), the change status (modified, added, removed), the modified content (if applicable), and the approval status of the change. Once logged, the change must also be made in the body of the deliverable.

2.4 SCOPE OF WORK/SPECIFICATIONS

See Attachment A – Exhibit A, Statement of Work

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)

· Proposal (written response to RFP Section 4.10.2)

· Certified Business Outreach Plan (Attachment F) - submit 1 copy only

· Key Staff Resumes (Attachment G)

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

3.2.2 Proposal Page Limits

Proposal is limited to 15 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

· Key Staff Resumes (RFP Section 4.10.2, Evaluation Criteria 2)

· Disclosure Exemption Certification (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Price Proposal (Attachment E)

· Certified Business Outreach Plan (Attachment F)

3.2.3 Proposal Format

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

· 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 Adobe Acrobat (pdf) or Microsoft Word (docx) format.

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 6 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.

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

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

Provide two references from current or former client firms for similar projects performed within the last 5 years. List the reference contact information in Appendix 1 of RFP Attachment C. References must be able to verify the quality of previous, related Work and be the same as the project samples as provided in 4.10.2.

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

3.3.3 Price Proposal

Submit Attachment E – Proposed Fully-Burdened Billing Rates as a separate file uploaded via the Attachments tab for this RFP in OregonBuys. Provide the fully-burdened rates (inclusive of labor cost, overhead and profit) for up to 8 key staff proposed to work under the prospective Contract.

· List the names, classifications, duties and fully-burdened rate for each of the key staff proposed.

· Include the estimated percent of overall budget for each of the key staff. The percentages listed for individual key staff must total 100% for all.

The total weighted rate calculated on Attachment E will be used for “Price Proposal” scoring purposes only. Agency reserves the right to negotiate the final price and billing rates under this Contract with the successful Proposer.

3.3.4 Proposal

The Proposal must address Evaluation Criteria in Section 4.10.2

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.

Modifications, if any, to this RFP will be made by written Addenda published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

4.2 PREPROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule, RFP section 1.2.

Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the pre-Proposal conference is to:

· Provide additional description of the project;

· Explain the RFP process; and

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

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

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

Microsoft Teams

Join the meeting now

Meeting ID: 285 650 286 737

Passcode: NQAkZe

Dial in by phone +1 971-277-1965,,979907725# United States, Portland

Find a local number

Phone conference ID: 979 907 725#

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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.

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 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.

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:

· the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and

· 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;

· 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 misdelivery 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.

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

4.10.1.1 Responsiveness Determination

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. 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 125-247-0470.

4.10.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the 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.

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

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.

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.

Evaluation Item 1 -Project Approach

Max Points: 450 Given the information provided with this solicitation, describe Proposer’s approach for the prospective project to cost effectively meet the Agency’s deliverables/objectives in the timeline needed. Describe what Proposer believes are the most critical elements of this Project that the team must address for a successful outcome. What percentage of the work will be done by the prime versus subconsultants?

Evaluation Item 2

- Specific Experience of Key Staff

Max Points: 350 Complete a “Key Staff Resumes” form (Attachment G). Provide information for the proposed Project Manager and other key staff such as developers or analysts that Proposer believes are most important based on your understanding of the needed services. Scoring will be based on relevance of the experience, qualifications, and technical competence of Project Manager and key staff proposed for use on this specific project. Key Staff Resumes are not included in the Proposal page limit identified for this solicitation; however, a maximum of 5 Key Staff resumes may be submitted. Any resumes submitted beyond this limit will be discarded by Agency and will not be in the evaluation. Each submitted resume may not exceed 2 pages per resume and must use a minimum of 11 point font for substantive text.

Evaluation Item 3

- Availability

Max Points: 250 Describe Proposer’s current and projected workload and capacity to accomplish the work in the required time. Include workload information for the Project Manager (PM) and key staff proposed for use on this project (including subs, if any). We anticipate the project to start in March 2025 and have a duration of 24 months.

Evaluation Item 4 – Organizational Change Management Philosophy and Approach

Max Points: 100 Describe Proposer’s organizational change management philosophy and approach to the types of Services/projects described in the RFP.

Evaluation Item 4 – Project Samples

Max Points: 100 Provide at least 2 project samples comparable to the requested services performed by Proposer’s firm within the last 5 years. For the sample projects:

a) Describe their relevance to the Project and Services included in this solicitation, including descriptions of how any issues and project constraints were addressed and resolved. (50 points)

b) Include a brief description of project type, location, size, duration and objectives; a list of key project staff and their roles; tasks performed by the Proposer to fulfill the project objectives; the project budget, and whether the schedule and budget were met. (50 points)

4.10.3 PRICE EVALUATION

Max Points: 200 Identify names of key staff and fully-loaded billing rates (inclusive of cost, overhead and profit) for staff proposed to work under the prospective Contract in the positions/classifications proposed in Attachment E. If Proposer has more than one individual in a given classification, only list the name and rate of the individual that will work the greatest number of hours within that classification under the Contract. Proposer must provide the billing rate information for key staff provided in the Key Staff Resumes, additional classifications may also be provided.

Scoring of this criterion will be as follows:

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:

price being scored

4.10.4 PREFERENCES

4.10.4.1 Oregon Supplies and Services

Agency prefers Oregon Goods and Services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.4.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state (https://www.oregon.gov/DAS/EGS/ps/Pages/reciprocal.aspx.

4.10.4.3 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.

4.10.4.4 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.

4.11 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 price score for each Proposal is calculated by the Purchaser as stated in section 3.6 - Price Evaluation. Applicable preferences in section 4.10.4 are applied to the price score as appropriate to determine the final price score.

TOTAL POINTS POSSIBLE: 1450

4.12 RANKING OF PROPOSERS

The Purchaser will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

The Purchaser will combine the average score for each Proposal with Proposer’s price score.

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

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer 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.

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

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:

· A minimum of 3 evaluators will score the interviews/follow-up questions.

· The interviews/follow-up questions will have a maximum score of 700 points.

· Interviews may be conducted 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.

4.15 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 has 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:

· All higher ranked Proposals are non-Responsive.

· Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

· Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

· Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

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

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.

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

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 visithttps://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.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions. Proposer must submit those exceptions to Agency during the RFP Protest period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Addendum to notify Proposers of such changes. Unless Agency issues an Addendum modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions (listed below) of the Sample Contract. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate ONLY the Statement of Work.

Agency reserves the right to determine the basis for compensation (e.g., fixed price, fixed price per unit, time and materials, etc.).

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Proposals for this contracting opportunity.

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, see the Certified Vendor Directory available on the COBID website.

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website (https://www.oregon.gov/das/Pages/index.aspx) and use the search bar feature to locate the procedure.

6.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025)

6.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

DAS Version 4.5 –ODOT Form S011-G050823