00012709 Request for Proposals.doc

RFP/Bid Solicitation -S-73000-00012709 –Traffic Counting Equipment

State of Oregon DEPARTMENT OF TRANSPORTATION

Intermediate Request for Proposal (“RFP”) Issued by: Oregon Department of Transportation RFP TITLE: Traffic counting equipment RFP/Bid Solicitation Number: S-73000-00012709 Notes:

· This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. See RFP section 1.3 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

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

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.

A Microsoft Teams pre‑Proposal conference is scheduled on March 11, 2025 at 11:00 am, to be held at Link below. Attendance is not mandatory. The purpose of the conference is to provide additional information regarding this solicitation and to answer any questions Proposers may have. Proposers are cautioned that the official RFP requirements will change only by written addenda issued by Agency.

Microsoft Teams Need help?

Join the meeting now

Meeting ID: 281 501 891 088

Passcode: 7xK9ju93

Dial in by phone

+1 971-277-1965,,276099675# United States, Portland

Find a local number

Phone conference ID: 276 099 675#

For organizers: Meeting options | Reset dial-in PIN

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.

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).

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

41.2

SCHEDULE

41.3

OREGONBUYS

51.4

RFP ATTACHMENTS

51.5

PURCHASER/SINGLE POINT OF CONTACT

5SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

52.1

AUTHORITY AND METHOD

62.2

DEFINITION OF TERMS

62.3 OVERVIEW, BACKGROUND and PURPOSE

62.4

SCOPE OF WORK

9SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

93.1

MINIMUM QUALIFICATIONS

93.2

MINIMUM SUBMISSION REQUIREMENTS

103.3

PROCUREMENT PROCESS

113.4

PROPOSAL CONTENT REQUIREMENTS

133.5

EVALUATION PROCESS

143.6

PRICE EVALUATION

153.7

NEXT STEP DETERMINATION

153.8

PREFERENCES

153.9

POINT AND SCORE CALCULATIONS

163.10

RANKING OF PROPOSERS

16SECTION 4:

AWARD AND NEGOTIATION

164.1

AWARD NOTIFICATION PROCESS

164.2

SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

174.3

CONTRACT NEGOTIATION

18SECTION 5:

ADDITIONAL INFORMATION

185.1

COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

185.2

GOVERNING LAWS AND REGULATIONS

185.3

OWNERSHIP/PERMISSION TO USE MATERIALS

195.4

CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

195.5

COST OF SUBMITTING A PROPOSAL

195.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

195.7

RECYCLABLE PRODUCTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Department of Transportation (“Agency”), is issuing this Request for Proposals for Short Term, Road Tube Classification Counters. The term “Short Term, Road Tube Classification Counters” and the term “Counters” is used interchangeably in the procurement.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to end June 30, 2025. ODOT has $250,000 available to spend before June 30, 2025 on Short Term Road Tube Classification Counters.

1.2 SCHEDULE

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

1.3 OREGONBUYS

1.3.1 Registration Requirement. 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.

Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

For quick reference information regarding common questions from vendors when using OregonBuys, see User Guides under “OregonBuys eProcurement System” on the Contracting with ODOT webpage: https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

1.3.2 Crosswalk of Terms used in OregonBuys

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.

ATTACHMENT A

SAMPLE CONTRACT

ATTACHMENT B

DISCLOSURE EXEMPTION CERTIFICATION

ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D

REFERENCE CHECK FORM

ATTACHMENT E

PRICE PROPOSAL FORM

ATTACHMENT F

RESERVED

ATTACHMENT G

RESPONSIBILITY INQUIRY

ATTACHMENT H

MANDATORY REQUIREMENTS FORM

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” (including email address) in OregonBuys.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(3) Agency is using the Request for Proposals method, pursuant to ORS 279B.070 and OAR 137-047-0270.

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, BACKGROUND and PURPOSE

The Transportation Systems Monitoring unit at the Oregon Department of Transportation is responsible for the state’s traffic counting program. ODOT has technicians in each of the five regions that collect data utilizing traffic counters, including ongoing schedule of counts, as well as special counts that support projects or planning.

ODOT’s current short term, road tube counters are past their expected life span and will soon lose support. ODOT needs to replace with new machines that are supported and function with current data systems. We are currently specifically addressing the short term road tube counters. In the future, we may look for non-intrusive short-term equipment.

This procurement includes the following Deliverables: Short Term, Road Tube Classification Counters, any unique tools, training, technical support, repair, documentation, and Software.

The objective of this procurement is to deploy Short Term, Road Tube Classification Counters for short term counts that meet or exceed ODOT’s requirements. ODOT intends to purchase approximately 325 Short Term, Road Tube Classification Counters spread throughout ODOT’s five regions.

The Short Term, Road Tube Classification Counters will provide traffic data to ODOT’s Traffic Monitoring System (OTMS) to support its monitoring activities.

The Short Term, Road Tube Classification Counters will collect volume, vehicle classification, and speed data using tubes across the roadway. Currently ODOT has TimeMark classification equipment. Current equipment provides data for short term sites for a period of 48 hours or more.

2.4 SCOPE OF WORK

Mandatory Features

a. Capable of utilizing 2 road tubes for collecting both traffic volume, and vehicle classification.

b. Capable of time stamp, per vehicle records.

c. Must be capable of exporting an MS2-readable format for upload. ODOT uses MS2 as their database of record.

d. Short Term Road Classification Counter (Counter) data memory to be downloaded utilizing external serial data cable to computer or in the field with a USB flash drive.

e. Counter must have a minimum 5-year lithium battery life or have a user replaceable battery.

f. Counter enclosure must be waterproof and tamperproof.

g. Counter must be capable of collecting Class, Speed and Volume data.

h. Software has an ongoing maintenance and support. Identify in Proposal if a fee is charged for ongoing maintenance and support.

i. Warranty - The Counter must be warranted for a period of not less than 12 months after received.

j. Short Term, Road Tube Classification Counters must meet the Vehicle Classifications Studies using FHWA Vehicle Classifications Standards “Scheme F” at a minimum.

k. Vendor must provide any necessary external programming software, cables, keys, or other external tools, or other to ensure system operation.

l. Equipment must operate effectively in a wide range of temperatures and weather conditions, including heat, cold and moisture levels.

Desired Features:

a. Capability to log Lat/Long of machine stored in file. Desired to have on-board GPS or connect to GPS and store coordinates automatically.

b. Counter desired to have a minimum 4-line, LCD display screen.

c. The traffic counts desired to be displayed on the display screen/face plate.

d. Counter shall be user programmable via display/face plate without need of external devices.

e. Counter is capable of programming/selecting a 24-hour count period as a minimum with 48-hour preferable.

f. Programmable for a start time (for instance coordinating a two-counter site).

g. End User Updateable Firmware.

h. Traffic Count software to be Windows based.

i. User-adjustable classification algorithm.

j. Visual indicator (text display or illuminator light) that informs end user of counter status. Examples, but not limited to: battery level, count mode, vehicle detection.

k. Each Short Term, Road Tube Classification Counter should be capable of recording data according to time interval options that shall include, but need not be limited to: 5, 15, 30, and 60 minutes. Time interval selection shall be selected by the operator after the survey data is collected. The Short Term, Road Tube Classification Counters must be capable of performing hourly vehicle speed, classification and volume counts while also identifying the direction of traffic in each case.

l. Batteries – The Short Term, Road Tube Classification Counters /Recorders shall be able to collect and store data for a period of not less than 30 days of continuous use without downloading or clearing its memory. Rechargeable or non-rechargeable batteries shall power the Roadside Traffic Short Term, Road Tube Classification Counters /Recorders with enough capacity for 200 days of continuous use. Said batteries shall be of a type that can be replaced by the user without having to be sent back to the manufacturer or service shop for replacement. The user should be able to view the estimated number of days of battery life remaining and the unit should provide warning when battery is low.

m. Portable counting device to collect traffic data. Each single recorder shall be able to detect, separate and record vehicle information, time of day and date in both directions with the same setup with the use of 2 hoses. This shall be accomplished by one field installation and data collection allowing any of the following reports to be produced without having to reset Counter/Recorders.

n. Counter to provide the data for the following studies

a. Classification Studies

i. Speed Studies

ii. 13 Classification

iii. Average (Mean / Median) Speed

iv. 85th Percentile Speed

v. Record speed of each vehicle and place vehicles withing pre-selected speed range such as groupings of 5 mph, for reporting purposes.

vi. Posted Speed limit

b. Volume Studies

i. Volume on a pre-selected time interval of 5,10,15, and 60-minute intervals

ii. Identify peak volume periods

o. Reports shall be in a standard format and shall be capable of importing processed data directly to Microsoft software such as Excel, Access and Microsoft Word. Cutting and pasting of data from the processing software of the Roadside Counter to one of these programs is not an acceptable method of data transfer.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

See Section 3.4.4 for PASS/FAIL Requirements Proposal must demonstrate how Proposer meets all of the following business requirements:

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Page Limit

· Price information must be submitted via OregonBuys (see RFP section 3.4.3 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.

3.2.2 Technical Proposal Page Limit

The Technical Proposal is limited to 30 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:

· Disclosure Exemption Certification (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check forms (Attachment D)

· Price Proposal (Attachment E)

· Mandatory Requirements Form (Attachment H)

3.2.3 Electronic Submittal Provisions 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 information at the following link:* How to reduce PDF file size; How to reduce the size of Word documents that contain images).

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

3.2.3.2 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.

3.2.3.3 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.

3.2.3.4 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 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFP, including all attachments and any Addenda, is published in the OregonBuys eProcurement system at 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.

3.3.2 Questions / Requests for Clarification

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 be sent by authorized representative of Proposer and 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 in OregonBuys by the due date and time for Questions/Requests for Clarification identified in the Schedule, RFP section 1.2.

3.3.3 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.

3.3.4 Modification or Withdrawal of Proposals

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

3.3.5 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.

3.3.6 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 fails to meet the responsibility requirements of ORS 279B.110.

· Proposer has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

· 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 inappropriate contact with the Purchaser.

· Proposer attempts to inappropriately 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.

3.3.7 Opening of Proposal

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. However, Agency will record and make available the identity of all Proposers after Opening.

3.4 PROPOSAL CONTENT 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 will be considered non-Responsive to this RFP and will not be considered further.

3.4.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), with the following:

· “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.

· Appropriate box marked for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, complete and submit COI Disclosure Form(s) linked on Attachment C to make the disclosures.

3.4.2 References

Provide at least 3 references from current or former client firms for similar projects performed for any clients within the last 3 years. References must 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, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.4.3 Price Proposal

Submit a detailed Price Proposal (Attachment E) as a separate file uploaded via the Attachments tab for this RFP in OregonBuys. The detailed Price Proposal must include the following items:

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.

3.4.4 PASS/FAIL Requirements

Bidder to submit Exhibit H - Mandatory Requirements Form

3.4.5 Technical Proposal

Submit a Technical Proposal (up to the page limit set forth in section 3.2.2) which must:

· Demonstrate that Proposer meets any minimum qualifications specified in RFP section 3.1.

· Include responses to address each of the evaluation criteria listed in section 3.5.2. Responses must describe how Proposer meets the requirements specified in this RFP as related to the evaluation criteria. Responses must be clear and concise and should be labeled to indicate the item being addressed.

3.4.6 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that price information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Proposals received prior to Bid Opening Date and time for this RFP will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. If the Proposal is unclear, the Purchaser may request clarification from a Proposer. However, clarifications may only clarify or explain portions of the already submitted Proposal and 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.

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

3.5.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. 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 Proposals. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Total 200 Points

3.5.2.1 Evaluation Item 1 Service and Support

Provide your Warranty terms (minimum of 1 year), describe your technical support, software upgrades, service locations (s) and shipping methods

3.5.2.2 Evaluation Item 2 Software

Describe ease of use, equipment features, export options, reporting, counter interaction, class algorithm flexibility, file storage, operating system, error reporting, file download process, how to set start times and any other options that are included with your product.

3.5.2.3 Evaluation Item 3 Hardware

Describe the housing and portability features, durability, display, keyboard, memory, battery type and life expectancy, collection modes, configurations, available options, programing features, communication and menu systems.

3.5.2.4 Evaluation Item 4 Field Setup

Describe the ease of setup (menu system), Counter status checking, how to enter site information, emplacing latitude and longitude Describe the number of Short Term Road Classification Counters that can be delivered to ODOT by June 30, 2025.

3.6 PRICE EVALUATION

Following scoring and ranking of Proposals based on the qualifications-based criteria, the Price Proposals (Attachment E) from Proposers in the Competitive Range will be opened and scored by Purchaser as follows:

· Proposer with the lowest Price Proposal will receive 50 points.

· Proposer with the second lowest Price Proposal will receive 40 points.

· Proposer with the third lowest Price Proposal will receive 30 points.

· Proposer with the forth lowest Price Proposal will receive 20 points

· Proposer with the third lowest Price Proposal will receive 10 points

· All other Proposers will receive 0 points.

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

· Establishing a Competitive Range

· Presentations/Demonstrations/Additional Submittal Items

· Interviews

· Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 PREFERENCES

3.8.1 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.

3.8.2 Tiebreakers

Oregon Supplies: 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 137-046-0300.

3.9 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

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

The Purchaser will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Purchaser as stated in section 3.6 - Price Evaluation. Applicable preferences in section 3.8 are applied to the price score as appropriate to determine the final price score.

3.10 RANKING OF PROPOSERS

The Purchaser will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with final price score and references if applicable. After ensuring each applicable preference has been applied, Purchaser will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this RFP.

4.1.2 Notice of Award

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

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Proposer shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit C of Attachment A) prior to Proposal submission.

4.2.2 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (“TIN”) and backup withholding status on a completed W-9 form if either of the following applies:

· When requested by Agency (normally in an intent to award notice), or

· When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

4.2.3 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. The selected Proposer shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

4.2.4 Responsibility Inquiry Form

Selected Proposer(s) shall submit a completed, accurate and signed Responsibility Inquiry form within 5 business days of receipt of Intent to Award notice (see form for additional information regarding Agency’s responsibility review). The Responsibility Inquiry form is available at: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Miscellaneous Procurement Forms) and may be submitted as hard copy or electronically via e-mail.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

After selection of a successful Proposer, Agency may negotiate the Statement of Work within the scope of work advertise in this solicitation, as well as following terms and conditions:

· Pricing,

· Term of Contract

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 reserved for negotiation. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Proposal, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). Agency will consider the Scope of requested exceptions in the evaluation of Proposals.

Any Proposal that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes may be subject to prior approval of the Oregon Department of Justice.

In compliance with Oregon State laws, the following items may not be negotiated between Agency and the apparent successful Proposer:

· Choice of law

· Choice of venue

· Constitutional requirements

· All applicable Federal and State requirements In the event that the parties have not reached mutually agreeable terms within 7 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 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 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.

5.2 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 from the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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 an Agreement, 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.

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; 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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

5.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting 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, or costs associated with protests.

5.6 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. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.7 RECYCLABLE PRODUCTS

5.8 Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025) DAS Ver 4; ODOT 09/27/24