00011852_RFP_Final.pdf

RFP S-73000-00011852 – ODOT Account Manager for OreGo Road Usage Charge

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STATE OF OREGON

Oregon Department of Transportation

REQUEST FOR PROPOSAL (“RFP”)

RFP TITLE: ODOT ACCOUNT MANAGER FOR OReGO ROAD USAGE CHARGE

RFP/Bid Solicitation Number: S-73000-00011852

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 TARGETS: For state-funded WOCs that exceed $100,000 (including as may be amended), a Certified Small Business Aspirational Target of 12% will be assigned to ensure that contractors take reasonable steps to provide opportunities to Certified Firms. Refer to Exhibit K of the Sample PA (RFP Attachment A) for further explanation and description of these non-binding Aspirational Targets.

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 https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://oregonbuys.gov/bso/

DAS Version 4.5 –ODOT Form S011-G050823 Page 2 of 34 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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

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

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PREPROPOSAL 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 - Written

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 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

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6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 FOREIGN ENTITIES

6.10 DESIGNATION of SENSITIVE BUSINESS, COMMERCIAL or FINANCIAL INFORMATION and

TRADE SECRETS 32

6.11 CONTRACTOR RESPONSIBILITY FOR ALL GOODS AND SERVICES

6.12 AGENCY RESERVATION OF RIGHTS

6.13 PRICE AGREEMENT AMENDMENT

6.14 CERTIFIED FIRM PARTICIPATION

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE PRICE AGREEMENT

ATTACHMENT B – PROGRAM REQUIREMENTS DOCUMENT

ATTACHMENT C – INTERFACE CONTROL DOCUMENT

ATTACHMENT D – SERVICE LEVEL AGREEMENT

ATTACHMENT E – PILOT MANAGEMENT EXPECTATIONS

ATTACHMENT F – VERIFICATION CROSS REFERENCE INDEX

ATTACHMENT G – ROAD USAGE CHARGE RATE TABLE

ATTACHMENT H – SAMPLE WORK ORDER CONTRACT

ATTACHMENT I – PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT J – DISCLOSURE EXEMPTION CERTIFICATION

ATTACHMENT K – RESPONSIBILITY INQUIRY

ATTACHMENT L – COBID/DBE GOALS

ATTACHMENT M – PRICE PROPOSAL FORM

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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 (“RFP”) under the provisions of ORS 279B.060 for travel data collection equipment (the “Goods”) and related services, account management services and customer support (the “Services”). These Goods and Services will be used to support ODOT’s Road Usage Charge (“RUC”) program, also known as OReGO, and the registered owners or lessees of the OReGO subject vehicles (“Participant”). The purpose of this RFP is to establish a replacement Price Agreement for an ODOT Account Manager (“OAM” or “Contractor”) because the current Price Agreement will soon expire with no option for renewal.

Additional details on the Goods and Services are included in Section 2.3 of this RFP (Overview and Purpose), Exhibit A (Scope of Work) of RFP Attachment A (Sample Price Agreement), and Attachment H (Sample Work Order Contract).

***NOTE TO PROPOSERS***

Proposals must offer complete Goods and Services that are ready for operation, access and use to OReGO Participants, including all Goods and Services needed to support Participants. Prospective Proposers may collaborate with other contractors for specific design, installation, or maintenance services (including Mileage Reporting Device [“MRD”] hardware or data collection by other means which is collectively referred to as Mileage Reporting Option [“MRO”]).

Proposers may also propose alternative methods and technologies for collecting mileage data and processing RUC accounts for this RFP. Any Proposal that includes these alternative methods must offer complete Goods and Services that are ready for operation, access and use for travel data collection and account processing. Agency will evaluate these alternative approaches and may allow Price Agreement award based on the Proposer’s abilities to meet the certification criteria through alternative approaches. Proposers shall clearly state in their technical proposal how their alternative methods can best meet each requirement provided in Attachment F (Verification Cross Reference Index or “VCRI”), or clearly provide alternative requirements in the comments section of Attachment F. Agency will certify Proposers against OReGO requirements but reserves the right to have a 3rd party complete certification in the future.

Agency reserves the option to preclude a prime contractor (including any joint ventures) awarded a Price Agreement under this RFP from prime award of other future opportunities relative to OReGO. The Proposer awarded a Price Agreement under this RFP may subcontract with other contractors to provide Goods, Services or both for future OReGO related opportunities. In order to manage public perception, if a Proposer is awarded price agreements for OAM and as a commercial account management, Proposer shall be required to provide independent, separate systems to manage OAM and commercial account management data.

Additionally, the Proposer awarded a Price Agreement under this RFP may be made available to other states and Canadian provinces who have entered into Intergovernmental Agreements (“IGA”s) with Agency for RUC activities. Specific requirements for each state or province will be provided in separate WOCs.

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Agency reserves the right to adjust the conditions, requirements, and standards established in the Price Agreement and subsequent WOCs based on future legislative directives and updated program objectives.

Proposers shall certify against all requirements to become eligible to provide Goods and Services for this RFP. Additional details are provided in the Sample Work Order Contract (Attachment H).

Agency anticipates the award of one Price Agreement from this RFP.

The initial term of the Price Agreement is anticipated to be 6 years with options to renew up to a cumulative maximum of 10 years.

Unless this Price Agreement is sooner terminated, the initial WOC assignment period ends 6 years from the Effective Date of the Price Agreement. Depending on Consultant performance, need and available funding, PAs may be amended to extend the WOC assignment period for up to an additional 4 years beyond the initial WOC assignment period.

A WOC is considered assigned (for purposes of meeting the WOC Assignment Period limitation) when the WOC selection process is completed and the selection documentation has been submitted to the Agency Procurement Office. All WOC assignments are tentative until negotiations are successfully completed, all required signatures have been obtained on the WOC, and Agency has issued a notice to proceed (“NTP”) to Consultant.

Any purchases under the Price Agreement must be authorized by WOCs issued by Agency in accordance with the ordering procedures described in the Attachment A (Sample Price Agreement). Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement.

Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

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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.

Event Schedule

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

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

Presentations, Demonstrations, or Interviews To Be Determined

Issuance of Notice of Intent to Award Estimated 2 weeks following Bid Opening Date in OregonBuys for this RFP

Award Protest Period Ends 5 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. 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. Agency 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

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.

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

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Terms used in OregonBuys Definition

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/price 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.

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.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

This procurement is being conducted under the Oregon Innovative Partnerships Program (“OIPP”) pursuant to Oregon Revised Statute (“ORS”) 367.800 to 367.824 and OAR Chapter 731, Division 70.

OIPP gives Agency flexibility to pursue transportation projects that expedite project delivery and maximize innovation through partnerships with private entities. The specific scope, schedule and budget for the Project between Agency and the successful Proposer will be negotiated, and any final agreements must be approved by the Oregon Department of Justice and the Oregon Transportation Commission (“OTC”). This RFP is not governed by the Oregon Public Contracting Code, except as specified in ORS 367.806(6). Where OIPP rule or statute is silent, the Agency has adopted the processes from the Oregon Public Contracting Code rules and statutes cited in this RFP.

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 as used and defined in OAR 731-070-0005 (Purpose and Intent of the Oregon Innovative Partnerships Program) to 731-070-0360 are defined below:

“Agency” means any agency of the State of Oregon or any political subdivision thereof authorized by law to enter into public contracts, as defined in ORS 279A.010 (Definitions for Public Contracting Code) (1), and any public body created by intergovernmental agreement.

“Commission” or “OTC” means the Oregon Transportation Commission created by ORS 184.612 (Oregon Transportation Commission) and any person or persons authorized or directed by the Commission to take any action or make any decision authorized by these rules on the Commission’s behalf.

“Competing Proposal” means a written submission to the Department that a Proposer submits in response to a notice issued by the Department under OAR 731-070-0130 (Competing Proposals).

“Department” or “ODOT” means the Oregon Department of Transportation created by ORS 184.615 (Department of Transportation).

“Detailed Proposal” means a written submission to the Department satisfying the requirements set forth in OAR 731-070-0060 (Contents and Format of Detailed or Competing Proposals).

“Director” means the Director of Transportation appointed under ORS 184.620 (Director of Transportation) and any person or persons authorized or directed by the Director to take any action or make any decision authorized by these rules on the Director’s behalf.

“Key Persons” means key officials of the proposing entity who play a critical role in running the enterprise and whose loss or unavailability could jeopardize the success of the venture. Any change or addition of Key Persons is subject to the provisions of OAR 731-070-0080.

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“Local government” has the meaning given that term in ORS 174.116 (“Local government” and “local service district” defined).

“Major Partner” means, with respect to a limited liability company or joint venture, each firm, business organization or person that has an ownership interest therein in excess of 5%.

“Major Subcontractor” is any subcontractor designated in the proposal to perform 10% or more of the scope of work for a proposed Project.

“Program” or “OIPP” means the Oregon Innovative Partnerships Program established under ORS

367.800 (Findings) to 367.826.

“Public-Private Partnerships” or “PPP” means a nontraditional arrangement between the Department and one or more private or public entities that provides for the implementation of a Transportation Project that may include:

(a) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service;

(b) Sharing of resources and the means of providing transportation system projects or services;

(c) Cooperation in researching, developing, and implementing transportation system projects or services;

(d) Use of innovative funding methods; or

(e) Expedited project delivery. The use of the word “partnership” to describe such an arrangement does not confer on the relationship formed any of the attributes or incidents of a partnership under common law or under ORS chapters 68 and 70.

“Private Contribution” means resources supplied by a private entity to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, materials, equipment, expertise, data, or engineering, construction, or maintenance services, or other items of value.

“Sensitive business, commercial or financial information that is not customarily provided to business competitors” includes records or information pertaining to activities of the Proposer that are commercial in nature, are intended to be treated with a high degree of discretion and which would not be provided to the Proposer competitors

“Transportation Project” or “Project” has the meaning given that term in ORS 367.802 (Definitions)

Terms not otherwise defined herein shall have the meaning given them in ORS 367.800 (Findings) to 367.826.

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.

APM - Agency Project Manager

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COI – Conflict of Interest

Contractor – means a Proposer awarded a Price Agreement or WOC under the RFP.

Evaluation Committee – A committee established to conduct evaluations of proposals, interviews, and negotiations during the solicitation process for a specific product or service

Goods – is defined in Section 1.1 of this RFP.

GPS – means the Global Positioning System.

ICD – Interface Control Document

IGA – Intergovernmental Agreement

MRD – Mileage Reporting Devices

MPG – Miles per Gallon

MRO – Mileage Reporting Option

NTE – Not to Exceed

NTP – Notice to Proceed

OAM – Oregon Account Manager

OAR – Oregon Administrative Rule

OBU – On-Board Unit

ODOT – Oregon Department of Transportation

OPO – ODOT Procurement Office

OReGO – Oregon’s Road Usage Charge program

ORS – Oregon Revised Statute

OTC – Oregon Transportation Commission

PA – Price Agreement

Participant - means the registered owner or lessee of the subject vehicle enrolled in OReGO.

PII – Personally Identifiable Information

PRD – Program Requirements Document

Proposal – a proposal that substantially complies with the terms and conditions and requirements of a Request For Proposal

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Proposer – person who submits a proposal in response to a request for proposals (RFP)

Project Schedule – a detailed plan outlining the tasks, milestones, and deadlines for completing a project

RFP – Request for Proposal

RUC – Road Usage Charge

Services – is defined in Section 1.1 of this RFP.

SLA – Service Level Agreement

VCRI – Verification Cross Reference Index

OC – Work Order Contract

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

OReGO has been operational since July 1, 2015. Oregon had proposed legislation that could have made a RUC system mandatory in 2026 for 2027 model year vehicles and beyond with a minimum of 30 miles per gallon (“MPG”). OReGO is working toward a potential mandatory system in the near future.

Passenger vehicles that have more than 20 MPG are eligible to join the voluntary OReGO program at this time, for other eligibility criteria refer to Attachment B (Program Requirements Document).

Participants are expected to pay the road usage charge and are eligible for credits of the amount of gas taxes paid during their involvement.

Agency has conducted, and will continue to provide, marketing, communication, and education to Oregonians regarding OReGO. Agency may use internal communications and outside professional marketing and communication firms to help with continued efforts to move OReGO toward a mandatory system. Activities may include establishing public education forums, social media campaigns, interest groups, business sponsorships, spokespersons and participant incentives (in addition to those which may be offered by the OAM). There is a possibility Agency may expand OReGO to include a solution that collects road usage charges for medium-duty vehicles, however this decision is pending further study and analysis.

2.3.2 Overview, Background and Purpose

The primary purpose of the Price Agreement resulting from this RFP is to retain a Contractor to provide Goods and Services to OReGO Participants related to mileage reporting and travel data collection.

Agency does envision that business partners could provide account management services for an array of mobility marketplace applications including tolling, parking, transit, rail, and other transportation related applications.

Another objective of OReGO is to use the established open architecture developed by Agency for road pricing and RUC, which defines the functions of and interfaces between major subsystem components, to promote long-term interoperability between subsystems, prevents vendor lock-in and allows system expansion and evolution. Some of the expansion may include the creation of a mobility marketplace

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Important elements of OReGO include the deployment of processes, procedures, and policies to support certification and testing of the RUC system that can be utilized beyond the initial system, which this Contractor shall collaborate with Agency and assist Agency in developing.

See Exhibit A Scope of Services of RFP Attachment A (Sample Price Agreement) for further details.

Agency may pay some costs for OAM including certification and testing of system components, self-certification and iterative testing, end to end testing, and ongoing operations; however, the term of the payments and the amount of compensation Agency may pay will be based on the overall fiscal impact to OReGO. The Proposer should not consider any such offset costs from Agency when submitting its price proposal under this RFP.

2.4 SCOPE OF WORK/SPECIFICATIONS

The Services and Goods under the Price Agreement and related WOC’s will be provided in phases.

At the completion of each phase, the decision to proceed to the next phase will be in Agency’s sole discretion. Following phase 1, each authorized subsequent phase will be negotiated and added to the Price Agreement or Work Order Contract (“WOC”) via amendment.

The Scope of Work and Specifications can be found in Attachment A Sample Price Agreement and Attachment H Sample Work Order Contract. Attachments B-G should also be reviewed for some scope and specifications.

2.5 PROJECT PHASES - RESERVED

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposer must be a registered vendor in OregonBuys and Proposal must demonstrate how Proposer meets all requirements of this section.

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 I) (see RFP section 3.3.1)

• Disclosure Exemption Certification (Attachment J) – submit only 1 copy if applicable - see Proposal Format and Quantity section below) (see RFP section 3.3.1)

• Refences (see RFP section 3.3.2)

• Price Proposal Form (Attachment M) (see RFP section 3.3.3)

• Key Persons and Resumes (see RFP section 3.3.4)

• Technical Proposal (see RFP section 3.3.5)

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• Cover letter (1 page maximum) identifying all companies, company information (for prime and subcontractors), location(s), key points of Proposed Goods and Services related to this RFP.

• Proposer’s Audited Financials

• Certified Business Outreach Plan (Attachment L)

• Verification Cross Reference Index (Attachment F) (referenced in section 4.10)

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

3.2.2 Proposal Page Limits

Proposal page limits per criterion is described in Section 4.10.2. Responses to each Evaluation Criteria must be labeled to indicate the item being addressed. Any pages exceeding designated limits will not be provided to the Evaluation Committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Certification (Attachment J)

• Proposer Information and Certification Sheet (Attachment I)

• Reference Check forms

• Price Proposal (Attachment M)

• Certified Business Outreach Plan (Attachment L)

• Verification Cross Reference Index (Attachment F)

• Proposer’s Audited Financials

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 J) 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 15 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.

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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3.2.4.3 Agency reserves the right to award the Price Agreement and related WOC’s solely on the electronically submitted Proposal; however, upon Agency 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.

Content incorporated by reference (for example, references to websites and links) will not be considered and will be redacted.

3.3.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment I), 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 3 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.

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

DAS Version 4.5 –ODOT Form S011-G050823 Page 16 of 34 information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.3.3 Price Proposal

Submit a detailed Price Proposal (Attachment M) as a separate file uploaded via the Attachments tab for this RFP in OregonBuys.

3.3.4 Key Persons and their Resumes

Provide resumes for specify key persons to be assigned to this project. 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. Include a Key Staff Resume for the proposed Project Manager, IT Lead, and Customer Service Lead for this Price Agreement. Key Staff resume forms can be found at:

Key Staff Resumes.

3.3.5 Technical Proposal

Provide written responses to section 4.10.2 Evaluation Criteria.

3.3.6 Verification Cross Reference Index

Submit a completed Verification Cross Reference Index (Attachment F).

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 not be held for this RFP.

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

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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 proposed Sample Price Agreement. 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 Price Agreement marked as negotiable as set forth in section 5.4 Negotiations.

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;

• 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.

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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.

Proposers submitting Proposals may be afforded an opportunity for discussion and revision of Proposals. Revisions may be permitted after submission of a Proposal and prior to award for the purpose of obtaining best and final offers. For a Proposer that does not submit either a notice of withdrawal or a best and final offer, the Proposer’s immediate previous offer will be construed as its best and final offer.

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

There are 2 distinct phases for certification and testing of a Proposer systems:

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1. Initial Certification (Steps 1 and 2), which is part of the RFP Proposal process; and

2. Formal Certification (Steps 3 through 5), which will be part of an initial WOC with Proposers awarded a Price Agreement (see Attachment H, Sample Work Order Contract).

Proposers with OReGO equipment currently in use by Agency (“Current Contractors”) who submit a Proposal for this RFP will be certified against updated requirements within Attachment B (Program Requirements Document), Attachment C (Interface Control Document) and Attachment D (Service Level Agreement). Current Contractors may be exempt from providing Proposal requirements as outlined in this RFP if the Current Contractor has previously provided the required certification and documentation or are currently operating in the OReGO program, successfully.

The certification process for previously approved and certified Contractors may differ from the current process.

For new Contractors who submit a Proposal for this RFP will be certified against updated requirements within Attachment B (Program Requirements Document), Attachment C (Interface Control Document) and Attachment D (Service Level Agreement). For Proposers awarded a PA, the following steps, Step 3 - Self-Certification, and Step-4 Integration Testing, will be used to validate Contractor’s offerings prior to deployment of OReGO. The Contractor and Agency will collaborate on the scheduling and completion of both phases in accordance with the OReGO schedule.

Documented: As part of the Initial Certification, the Proposer shall provide policy and procedural documentation to Agency, which indicates that the Proposer has the processes in place to manage accounts and technology. The Proposer also must indicate how their Proposal meets or plans to meet each of the technical and business requirements established in Attachment B (Program Requirements Document) cross-referenced in Attachment F (the Verification Cross Reference Index). This documentation must be provided as part of the Proposer’s VCRI Compliance Matrix and Supporting Documentation portion of their RFP response, further defined in Section 4.10 of this RFP.

Following review of the Initial Certification, Agency, in its sole discretion may award a Price Agreement and related WOC’s to a Proposer. Generally, the initial WOC will include, but is not limited to Formal Certification and iterative testing (see Attachment H, Sample Work Order Contract).

Demonstrated: Agency will review the documentation provided in the initial certification phase including the VCRI Compliance Matrix and supporting documentation supplied with Proposal. Once Agency review is complete, and if Agency requires additional information, Agency may request interviews, demonstrations, or both from Proposers for the next phase. These interviews and demonstrations are part of the iterative testing and are expected to further validate the vendor offerings against the requirements. No modifications to existing systems are expected to be incorporated prior to demonstrations.

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4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness Determination

The evaluation process will be administered in accordance with the procedures in OAR 731-070.

Each Proposal must comply with all requirements in this RFP. Proposals submitted will be reviewed to determine that all minimum requirements have been met. Proposals meeting those requirements will be forwarded to an Evaluation Committee for scoring against the scored criteria described in Section 4.10.2.

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 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 Price Agreement. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment K) 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.

Proposal scoring will be based on the criteria stated in the subsections below. The Proposer must describe how Proposer meets the requirements that are specified in this RFP as related to the scoring criteria below. Be clear and concise.

After scoring and ranking the Proposals, the Purchaser may, in its discretion, elect to arrange for presentations and follow-up questions with 2 or more of the highest ranked Proposers. ODOT may begin concurrent negotiations with the 2 highest ranked proposers to determine best solution for this Project. The outcome of the scoring of evaluations pursuant to the scored criteria set forth in Section 4.10.2, presentations/interviews, and concurrent negotiations may, at Agency’s sole discretion, result in

(a) a notice to the highest ranked Proposer of selection for award of the Price Agreement; or (b) if a Price Agreement can’t be negotiated, notice to the second highest ranked Proposer for award of the Price Agreement.

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4.10.2.1 Evaluation Item 1 - Compliance with Technical Requirements – (Max Pages: 10) Max Points: 35

• Demonstrate a clear and concise understanding of the technical requirements established in this RFP including all attachments.

• Indicate how Proposal meets, or plans to meet, each of the technical and business requirements established in Attachment B (Program Requirements Document) cross referenced in Attachment F (Verification Cross Reference Index).

• Demonstrate a clear and concise understanding of and compliance with the open architecture specifications provided in Attachment C (Interface Control Document).

• Demonstrate how each proposed Good will be installed (if required).

• Describe how proposed Goods can be interconnected with equipment provided by other contractors and any level of customization required to accommodate interoperability.

• In addition to identifying the OBU interface with the vehicle (and with any “vehicle location” devices) and defining the data processing and storage capabilities of the OBU, the Proposer must provide information on the physical design features of their units, including (but not limited to):

o Location for mounting the Basic OBU (for example, at the OBD-II port or another location).

o Power source, consumption, and cutoff/data retention capability in the event of engine shutoff.

o Connection between the OBU and OBD-II port (for example, with a Bluetooth connection to a dongle in the OBD-II port, hard wired, or some other configuration) OR alternative method for vehicle anchoring (electronically guaranteeing that an OBU is located in a vehicle), and for the Basic OBU, mileage information collection.

o Need for other connectors or dongles.

o Ways for determining vehicle location.

o Need for exterior antennas to transmit information to the transaction processing function.

o Possible status display options (e.g., indication that the OBU is operating properly, needs maintenance, is connected to other location reporting devices). This is in addition to any displays (e.g., maps, location, routing) that may be offered either within the advanced OBU or by third-party service providers.

o Measures for tamper detection/fraud resistance.

• Provide policy and procedural documentation to Agency which indicates that the Proposer has the processes in place to manage accounts and technology o This documentation is outside of this evaluation criterion’s 10-page limit o Proposer must distinctly identify where the policy and procedural documentation begins, within the response to Evaluation Item 1

4.10.2.2 Evaluation Item 2-Proposers’ Relevant Past Performance – (Max Pages: 3) Max Points: 15

Demonstrate relative experience and qualifications regarding the quality of delivery and performance of other similar projects. List 3 projects and contract services performed within the last 5 years by type and location, that were the same or very comparable to the requested Services.

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For each of the previous projects or contracts listed, include a brief description of each project type, size, location, duration and objectives; a chronological timeline describing the tasks performed by Proposer to fulfill the project objectives; and the actual project budget. This synopsis is limited to 1 page for each project references.

For each of the 3 previous projects or contracts above, indicate whether the services were accomplished within Proposer’s original estimated budget and schedule, or needed to be revised.

Briefly explain the reason for any revisions.

4.10.2.3 Evaluation Item 3 - Proposer’s Programmatic…