00013359_RFP final.docx

Form S001-B050223

ORBuys Bid Solicitation #: S-73000-00013359

OREGON DEPARTMENT OF TRANSPORTATION

Request for Proposals:

Specifications for National Bridge Inventory (“SNBI”) Services Project-Specific Contract for A&E and Related Services Bridge Engineering Section Oregon Department of Transportation RFP Issue Date: See “Available Date” for this RFP in OregonBuys Proposal/Quote Due Date: 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.

DBE Participation Goal Assigned: No Goal (see section 1.1.2) Certified Small Business Aspirational Target: N/A (see section 1.1.2) Agency will not conduct a pre-Proposal conference for this RFP.

Notes:

· OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). See RFP section 0.1 – 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 “Buyer”) 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 Ending Date” and time in OregonBuys).

· 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.

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RFP A&E Contract RFP # S-73000-00013359

TABLE OF CONTENTS

Section 0.0 OREGONBUYS, RFP ATTACHMENTS, SOLICITATION SCHEDULE

0.1 OREGONBUYS

0.1.1 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 registration and information is current and correct in OregonBuys. ODOT shall not be responsible for defective registration or 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.

0.2 RFP ATTACHMENTS

In addition to the provisions set forth and linked within the RFP, the RFP incorporates by this reference the information published 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.

Attachments to this RFP include the following:

· Attachment A – Sample Contract

· Attachment B – [RESERVED]

· Attachment C – Proposal Cover Sheet

· Attachment D – Area Map

· Attachment E – Location List

0.3 SOLICITATION SCHEDULE

* Proposer, by submitting a Proposal, commits to and will be expected to make best efforts to accommodate the negotiation schedule above if selected for intent to award. See Section 2.4 Negotiations.

1.1.1 DEFINITIONS

For purposes of this RFP:

“Agency” or “ODOT” means Oregon Department of Transportation;

“business days” means calendar days, excluding Saturdays, Sundays and all State recognized holidays;

“calendar days” means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State holiday or other day;

“Certified Firm” or “Certified Small Business” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity as “disadvantaged business enterprise”, “minority-owned business”, “woman-owned business”, “emerging small business” or “a business that a service-disabled veteran owns”;

“COBID” means Certification Office for Business Inclusion and Diversity;

“days” means calendar days;

“Professional Services” means architectural, engineering, photogrammetric mapping, transportation planning or land surveying services that must be procured using qualifications-based selection procedures [see ORS 279C.100 and ORS 279C.110];

"Proposal" (referred to as “Quote” in OregonBuys) means a written response to a Request for Proposals;

“Proposers” – (referred to as “Vendor” in OregonBuys) All firms submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”;

“Qualifications Based Selection” or “QBS” means evaluation and scoring of Proposals based on qualifications, experience and project approach, without considering cost;

“Related Services” has the meaning provided in ORS 279C.100;

“RFP” means Request for Proposal (referred to as “Bid Solicitation” in OregonBuys);

“Scope of Work” means the general character and range of Services and supplies needed, the work’s purpose and objectives, and an overview of the performance outcomes expected by Agency;

“Services” means the services to be performed under the Contract, as more particularly described in Section 1.1.2 of this RFP;

“State” means State of Oregon;

“Statement of Work” or “SOW” means the specific provisions in the final Contract which set forth and defines in detail (within the identified Scope of Work) the agreed-upon objectives, expectations, performance standards, Services, deliverables, schedule for delivery and other obligations.

“Writing” means letters, characters and symbols made in electronic form or inscribed on paper and intended to represent or convey particular ideas or meanings.

Note: Though not defined, the terms “subconsultant” and “subcontractor” are used interchangeably in this document.

1.1.2 SUMMARY OVERVIEW

The Oregon Department of Transportation (“ODOT” or “Agency”) is seeking Proposals from Professional Services consultants to provide services related to the determination of information to be included in the specifications for the SNBI, for bridges within the State of Oregon, along with bridge inspection services, any required traffic control services and railroad Temporary Protection and Direction of Traffic (“TP&DT”) services, as well as other needed project management services, engineering services and related services (“Services”).

Proposers responding to this RFP do so solely at their expense, and Agency is not responsible for any Proposer expenses associated with this RFP.

Project Description/General Background Information:

The Services and associated deliverables for these prospective Contracts are further described in Exhibit A, Statement of Work of the Sample Contract (RFP Attachment A).

Contracts are anticipated to be awarded by geographic areas. The geographic areas are defined in the Area Map (RFP Attachment D) and Location List (Attachment E).

Quantity of Contracts Awarded: It is anticipated that 7 Proposers will be selected for Contract award from this solicitation. Agency, in its sole discretion, may select more or fewer Proposers based on the Proposals submitted, the results of the evaluation, and Agency’s capacity needs for the Services.

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

Contract Duration: Each resulting Contract is anticipated to be effective by October 2025 and is expected to last approximately 4 year(s). Contingent upon Agency’s need and Consultant’s performance, Agency may amend the Contract for additional time as necessary for completion of a Project or Projects.

Funding Source(s):

Federal Funds from the Federal Highway Administration (“FHWA”)

Contract Amount: Following notice of intent to award, Agency and the apparent successful Proposers will negotiate (as provided in section 2.4) the statement of work and maximum dollar amount for each Contract. Contingent upon Agency’s need, each Consultant’s performance, and the availability of approved funding, Agency may later amend each Contract for additional tasks, Contract phases and compensation as necessary to complete the Services needed for the Projects, provided the amendments are within the Scope of Work described in this RFP. Proposers are advised that the award and potential dollar amount of the resulting Contracts, including as may be amended within the Scope of Work identified in this RFP, are contingent upon Agency receiving approval of funding for use under this RFP as determined by Agency in its sole discretion. The Agency retains full discretion to select between the resulting Contracts for continuation of Services, in the absence of approved funding for all of the Services to be performed under the Contracts, according to the relative priority of the different Projects, Agency’s need and any other factors that arise during the term of the Contracts.

Contract Payment: Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with Contract requirements and all applicable standards. The method of compensation will be Fixed Price.

For further information see RFP Attachment A, Sample Contract, Exhibit B – Compensation.

ODOT’s Disadvantaged Business Enterprise (“DBE”) Policy Statement is posted on the Office of Civil Rights DBE page (https://www.oregon.gov/ODOT/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx).

The DBE Policy Statement is incorporated in this RFP with the same force and effect as though fully set forth in this RFP.

DBE Participation Goal:

No DBE participation goal has been assigned to the Contracts.

See RFP Attachment A – Sample Contract, Exhibit E.1 for:

· information on subcontractor utilization and payment reporting requirements and how credit toward meeting an assigned DBE participation is determined (for goal and no-goal contracts), and

· further explanation and description of the DBE program.

1.1.3 PROCUREMENT AUTHORITY AND METHOD; ELECTRONIC SIGNATURES

Procurement Authority. Agency is conducting this RFP according to its authority under ORS 279A.050(3).

Procurement Method. Agency is conducting this RFP in conformance with ORS 279C.110, OAR 731-148-0220 – Formal Selection Procedure, and OAR 731-146-0150 – Electronic Procurement and Submittals.

Electronic Signatures. By submitting a Proposal to this RFP, the Proposer (and if selected for award, also as the Consultant) agrees with the 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.

All inquiries regarding this procurement, whether relating to this RFP process, administration, deadline or award, Scope of Work, potential COI issues, or to the intent or technical aspects of the Services must be submitted via email to the Purchaser identified in OregonBuys for this RFP. Failing to follow the foregoing requirements regarding the Single Point of Contact for inquiries may result in Proposal rejection by Agency. All questions must be submitted not later than the Deadline for Proposer Questions set forth in RFP section 0.3 – Solicitation Schedule.

Answers to questions Agency receives will be posted in OregonBuys to ensure that all Proposers base their Proposals on the same information. Responses to questions provide clarifications and interpretations but do not change RFP requirements. When appropriate, as determined by Agency in its sole discretion, revisions, substitutions, or clarifications of this RFP or attached terms and conditions will be issued as official addenda to this RFP. Changes or modifications to this RFP shall be binding on Agency only if in the form of written addenda published on OregonBuys.

1.2.2 ADDENDA (referred to as “Amendment” in OregonBuys)

Addenda/modifications, if any, to this RFP will be published in OregonBuys as “Amendment”(s). Prospective Proposers are solely responsible for checking OregonBuys to determine whether or not any addenda have been issued. Addenda are incorporated into the RFP by this reference.

Prospective Proposers may submit a written protest of anything contained in this RFP and may request a change to any provision, specification or Contract term contained in this RFP. Prospective Proposers must submit protests concerning this RFP and requests for change to any particular provisions, specifications, or Contract terms contained in this RFP, to the Purchaser/Single Point of Contact identified in OregonBuys for this RFP. Protests and requests for change must be submitted in writing (via e-mail) no later than the deadline for RFP protests set forth in RFP section 0.3 Solicitation Schedule. Agency will not consider any protest to this RFP or request for change submitted after this deadline. Each protest and request for change must include the reasons for the protest or request (supported by factual documentation) and any proposed changes to this RFP provisions, specifications or Contract terms. Agency will resolve all timely submitted protests in accordance with OAR 731-148-0240(2). Agency will address all timely submitted requests for change within a reasonable time following Agency’s receipt of the request and once addressed, will promptly issue a written decision on the request to the Proposer who submitted the request. The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of addenda to this RFP, unless the addenda specify a different deadline.

1.3.2 SELECTION PROTEST REQUIREMENTS

Following Agency’s evaluation process, every Proposer who submits a Proposal shall be notified by Agency of its selection status. Any Proposer who claims to have been adversely affected or aggrieved by the selection of (the highest ranked/the higher ranked) Proposer(s) must submit a written protest of the selection via email to the Purchaser/Single Point of Contact identified in OregonBuys for this RFP no later than the deadline for selection protests set forth in RFP section 0.3 Solicitation Schedule. Agency will not consider any protest submitted after this submittal deadline. Agency will not consider selection protests based on terms or requirements contained in this RFP – solicitation protests must be submitted during the solicitation protest period described in section 1.3.1. The protesting Proposer must claim that protesting Proposer is the highest ranked Proposer or is within the class of higher ranked Proposers with whom Agency will negotiate Contracts because the Proposals of all higher ranked Proposers failed to meet the requirements of this RFP or because the higher ranked Proposers otherwise are not qualified to perform the Services. Agency will resolve all timely submitted protests in accordance with OAR 731-148-0240(3). Proposers who have been notified that they were not selected may contact the Purchaser/Single Point of Contact (identified in OregonBuys for this RFP) to request copies of the evaluation documentation.

1.3.3 COSTS AND DAMAGES

All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's expense. The State and ODOT shall not be liable for the Proposer's damages or costs for filing the protest or to any participant in the protest, on any basis, express or implied.

1.4 “PASS/FAIL” PROPOSAL SUBMITTAL REQUIREMENTS

Proposals must comply with all of the following Pass/Fail criteria to be considered for further evaluation. Proposals with items in this section 1.4 marked as “PASS/FAIL” that are incomplete (except for minor informalities), not submitted by Proposal Bid opening Date and time, or are otherwise not in substantial conformance with the requirement, will be rejected as non-responsive.

1.4.1 PROPOSAL SUBMITTAL DEADLINE (PASS/FAIL)

Agency will not accept Proposals submitted after the Bid Opening Date and time for this RFP specified in OregonBuys.

1.4.2 TERMS AND CONDITIONS (PASS/FAIL)

Unless an official addendum has modified or reserved the right to negotiate any terms and conditions contained in the Contract or exhibits thereto, Agency will not negotiate any term or condition after the solicitation protest deadline, except the SOW and pricing with the apparent successful Proposer(s) per section 2.4. By Proposal submittal, the apparent successful Proposer agrees to be bound by the Oregon Department of Transportation Terms and Conditions as set out in RFP Attachment A (Sample Contract), and as they may have been modified or reserved by Agency for negotiation. Any Proposal that is received conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate will be rejected. Any subsequent negotiated changes may be subject to prior approval by the Department of Justice.

Government bodies subject to ORS Chapter 190 do not bid or compete on the same basis as private-sector Proposers, however, Agency will initially review Proposals from government bodies according to the same evaluation criteria described in this RFP. Government bodies submitting a Proposal must comply with all applicable Proposal requirements described in this RFP. In addition to any other Proposer selection, Agency may enter into an ORS Chapter 190 agreement with any government body for the Services. Alternatively, Agency may cancel this RFP if it would be in the public interest as determined by Agency, and enter into an ORS Chapter 190 agreement with a government body.

1.5 “REQUIRED” PROPOSAL SUBMITTAL ITEMS & SCORING DEDUCTIONS

Scoring Deductions:

· Proposals will receive a 2% scoring deduction for each item in this section 1.5 marked as “REQUIRED” that is incomplete (except for minor informalities) or that is not submitted with the Proposal in substantial conformance with the requirement. Incomplete or missing items must be completed and submitted within 2 business days of email request by Agency (this does not apply to “PASS/FAIL” items which must be submitted by Bid Opening Date and time). Missing or incomplete items must be submitted via email to Agency at the email address shown on page 1. Failure to complete and deliver missing or incomplete “REQUIRED” items within 2 business days of request by Agency shall result in Proposal rejection. Time limitations will be based upon the time of the email sent by Agency and the time of Agency’s receipt of the missing or incomplete items.

· Only one scoring deduction will be applied per deficiency. For example, if a minimum qualification is not listed on the Proposal Cover Sheet, one 2% deduction will be applied (rather than a 2% deduction for a missing minimum qualification and another 2% for an incomplete Proposal Cover Sheet).

· Proposals not in conformance with the section 1.5.3.a font requirements for substantive text (including text in tables) will receive a 3% scoring deduction and will not be sent back to Proposer for correction.

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

1.5.1 PROPOSAL COVER SHEET (REQUIRED)

The Proposal must include a completed Proposal Cover Sheet in the form as set forth in RFP Attachment C, with the “APPROVED” checkbox marked to certify approval by a duly authorized representative empowered to bind the Proposer. Any cover letters submitted in addition to the required Proposal Cover Sheet will not be forwarded to the evaluation committee.

On the Proposal Cover Sheet (or a separate sheet submitted with the Proposal Cover Sheet), identify the sections of the Proposal, if any, Proposer claims to be exempt from disclosure pursuant to Oregon Public Records Law, ORS 192.311 through 192.478. List sections, paragraphs, pages, etc., and the specific ORS citation(s) that Proposer claims provides for exemption of each listed section. (See RFP section 1.6.)

1.5.2 MINIMUM QUALIFICATIONS (REQUIRED)

Please include responses to the following Minimum Qualifications in the space provided on the Proposal Cover Sheet (RFP Attachment C):

· REGISTERED PROFESSIONAL ENGINEER

Consultant may not provide engineering Services unless the Services are performed or provided under the full authority and responsible charge of an Oregon Registered Professional Engineer as defined in ORS 672.002(2). The Professional Engineer must be currently registered in active status with the Oregon State Board of Examiners for Engineering and Land Surveying, and must supervise and direct the Services proposed under the Contract. As required by Oregon law, Consultants shall place their official Oregon Registered Professional Engineer certified seal and signature on all reports, maps, design drawings, and specifications delivered under the Contract. In the space provided on the Proposal Cover Sheet (RFP Attachment C), list the name and registration number of at least one Oregon Registered Civil Engineer in active status intending to perform engineering Services under the Contract.

Licenses Outside of Oregon If the Proposer is an “individual, firm, partnership or corporation offering to practice engineering or land surveying” and “holds a certificate of registration to engage in the practice of professional engineering or land surveying (as applicable) issued by the proper authority of any other state, a territory or possession of the United States, or a foreign country”, the Proposer shall:

Include a written statement that the Proposer is not registered to practice engineering or land surveying (as applicable) in the State, but will comply with ORS 672.002 to 672.325 by having an individual holding a valid certificate of registration in the State in responsible charge of the work prior to performing any engineering or land surveying (as applicable) work within the State. [ORS 672.060(9)(a) and (b)]

Proposer shall provide, on the Proposal Cover Sheet (RFP Attachment C), the following information:

· The name of the individual employed by Proposer who currently holds a valid certification of registration to practice engineering or land surveying (as applicable), the jurisdiction of the registration and the registration number; and one or both of the following:

· The name of the individual not employed by Proposer who currently holds a valid certificate of registration to practice engineering or land surveying (as applicable) in the State who Proposer has engaged to be in responsible charge of the work; or

· The name of the individual employed by Proposer who will be in responsible charge of the work and will obtain a valid certificate of registration to practice engineering or land surveying (as applicable) in the State prior to performance of engineering or land surveying (as applicable) Services under the Contract.

· BRIDGE INSPECTION TEAM LEADERS

PROPERS SHALL ATTACH THE NAMES OF ALL ITS BRIDGE INSPECTION TEAM LEADERS TO THE PROPOSAL COVER SHEET (RFP Attachment C). All bridge inspection team leaders performing Services for the Contracts resulting from this RFP must be certified by Agency, shall demonstrate proficiency requirements, shall be on site during all inspections, and shall actively participate in bridge inspections. Agency may conditionally accept Consultant bridge inspection team leaders who meet the National Bridge Inspection Standards prior to demonstrating proficiency and certification by Agency. Agency will perform a review of bridge inspection team leaders in accordance with the bridge inspection manual. See Exhibit A of Attachment A for additional information.

· GEOGRAPHICAL AREAS PROPOSED TO SERVE

On the Proposal Cover Sheet (RFP Attachment C) identify your Proposer Preference for each Geographic Area. Rate the 7 Geographic Areas with the number “1” being your highest preferred Area and the number “7” being your least preferred Area. The Proposer with the highest RFP score will be awarded their highest ranked Area choice. The second highest Proposer score will be awarded their highest ranked Area that is available. This will occur until all Areas have been awarded. In the case there are less than 7 qualified Proposers, the Agency reserves the right, in its sole discretion, to assign any Areas that remain un-awarded to successful Proposers that can demonstrate additional work capacity.

1.5.3 FORMAT FOR PROPOSAL SUBMITTALS; PAGE LENGTH LIMITATION

a. (REQUIRED) Proposals must use 12-point minimum font size for the substantive text (including text in tables) with the following exceptions which must use an 11-point minimum font size: RFP Attachment C – Proposal Cover Sheet, references (if required), “Key Staff Resumes” (if required), and COI Disclosure Form (if required). Proposers may use their discretion for the font size of other materials that do not include substantive text (e.g. graphics, picture or graphics captions, and organizational charts).

b. The Proposal must not exceed 8 pages, excluding Proposal Cover Sheet (RFP Attachment C), any tabs or indexes, and any of the following forms (if required in this RFP): references, Conflict of Interest form(s), and Subcontractor/Supplier Solicitation and Utilization form. If a Proposer submits a Proposal exceeding this limit, Agency will consider the pages up to that allowable number and discard all subsequent pages. The Proposer may choose how to allocate pages between any sections, within the overall page limit.

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

1.5.4 REQUIRED SUBMITTALS VIA OREGONBUYS

Proposer must complete and submit the following items via OregonBuys before the Bid Opening Date and time specified in OregonBuys for this RFP (submittals by any other means will be rejected):

1) (REQUIRED) A single PDF file of the Proposal. The Proposal Cover Sheet (RFP Attachment C) may be included as part of the single PDF file of the Proposal or may be in a separate file. (To the maximum extent practicable, the Proposal, Proposal Cover Sheet and all other submittal items should be compressed/optimized so the combined total size does not exceed 6 megabytes*.)

2) (REQUIRED) A PDF file of a completed Subcontractor Solicitation and Utilization Report (https://www.oregon.gov/ODOT/Forms/2ODOT/2721.pdf)

3) (REQUIRED) COI Disclosure Forms (if any must be submitted per section 1.5.5).

4) (REQUIRED) Key Staff Resumes (https://www.oregon.gov/odot/Business/Procurement/DocsPSK/keystaff.docx) may be included in the single Proposal file or they may be submitted as a separate file (one file for all Key Staff Resumes).

*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/).

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

1.5.5 CONFLICT OF INTEREST (“COI”) DISCLOSURE (REQUIRED)

Proposer must indicate on RFP Attachment C - Proposal Cover Sheet (by checking the appropriate checkbox in the signature certification section) that the Proposer, its subcontractors and all other “Associates” (as that term is defined in the ODOT COI Guidelines) are in compliance with all COI disclosure guidelines, or submit COI Disclosure form(s) if applicable.

The ODOT COI Guidelines and COI Disclosure Form are available on the Consultant Forms and Resources page (https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx under Miscellaneous Procurement Forms).

1.5.6 RESERVED

1.5.7 EARLY WITHDRAWAL OF PROPOSAL

If a Proposer wishes to withdraw or make modifications to a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button prior to the Bid Opening Date and time for this RFP in compliance with OAR 731-146-0150(3)(c).

1.6 PUBLIC RECORDS

This RFP, and one copy of every Proposal received in response to it, together with copies of all documents pertaining to the award of the Contract(s), shall be kept by Agency and made a part of Agency’s records. Proposals shall be open to public inspection in accordance with ORS 279C.107. If a Proposal contains any information that may be considered exempt from disclosure as a trade secret under either ORS 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate on or with the Proposal the portions of its Proposal which Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal in whole as trade secret, confidential or otherwise exempt from disclosure is not acceptable. In such circumstances Agency will require Proposer to submit a memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims to be exempt.

If Proposer fails to identify, on or with the Proposal, the portions of the Proposal Proposer claims are exempt from disclosure and the authority used to substantiate that claim, Proposer is deemed to have waived any later claim of an exemption or request for nondisclosure of that information.

Any Proposer that does not comply with these requirements may have its Proposal rejected.

Application of the Oregon Public Records Law or other applicable law shall determine whether any information is actually exempt from disclosure. Agency will not be held liable for any disclosure of information which Proposer considers to be exempt from disclosure if required by a Public Records Order. Notwithstanding any rights under 17 USC 101 et seq., (the United States Copyright Act), when Agency is required to provide copies of the non-exempt portion of the Proposal pursuant to a Public Records Order, Proposer hereby grants a license to Agency to copy those portions of the Proposal that are subject to disclosure.

By submitting a response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.

1.7 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.

2.1.1 PROPOSAL EVALUATION

Agency will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 731-148-0220 and this RFP. Agency will review Proposals for conformance with the Pass/Fail and REQUIRED criteria identified in sections 1.4 and 1.5. Proposals meeting all Pass/Fail criteria (including submittal of all REQUIRED items in the time allowed) will be forwarded to an evaluation committee that will independently review, score and rank Proposals according to the Scoring Criteria set forth in section 2.2. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in this RFP with the responsiveness and the relevance of experience/qualifications presented in the Proposal. Agency will not evaluate any proposed prices for Services as part of the evaluation process.

The outcome of the Evaluation process may, in Agency’s sole discretion, result in:

(a) notice to Proposer(s) of selection or rejection for Contract negotiation and possible award;

(b) further steps to gather additional information for evaluation, (e.g. checking references, notice of placement on an interview list, requesting clarification); or

(c) cancellation of this RFP and either re-issuance of this RFP in the same or revised form or no further action by Agency with respect to this RFP.

Agency may reject any or all Proposals and may cancel this RFP at any time if doing either would be in the public interest as determined by Agency. Agency is not liable for any costs a Proposer incurs while preparing or presenting the Proposal or during further evaluation stages. All unreturned Proposals submitted in response to this RFP will become property of Agency and part of the public file.

2.1.2 INTERVIEWS/FOLLOW-UP QUESTIONS

Agency may conduct and score Interviews/follow-up questions. If interviews/follow-up questions are conducted, they will be evaluated and scored based on the following criteria:

· Understanding of Requested Services

· Technical Approach

· Project Management/Cost Effectiveness

· Proposer’s General Qualifications

· Proposer’s Capabilities

· Proposer’s Relevant Experience

· Project Team and Qualifications

If interviews/follow-up questions are conducted, the following will apply:

· A minimum of 3 evaluators shall score the interviews/follow-up questions (the evaluation committee for interview/follow-up questions may or may not include the same evaluators from the scoring of the written Proposals).

· The interviews/follow-up questions will have a maximum score of 20 points.

· Agency will, to the greatest extent practicable, select the 3 highest ranked Proposers for interviews/follow-up questions. Agency, in its sole discretion, may increase or decrease the number of Proposers selected for interviews/follow-up questions if there is a natural break in the scores.

· As an alternative to interviews, follow-up questions may be sent via e-mail to Proposer(s) selected by Agency. Proposer’s responses to the follow-up questions must be received by the Agency’s Single Point of Contact at the email address shown on page 1 by the deadline set forth in the Agency’s email to Proposers. However, Agency may conduct interviews if determined necessary after conducting written follow-up questions.

· Agency, in its sole discretion, may elect to conduct interviews via teleconference, video conference, or in-person. Further details will be included with notification of time and date of interviews, if conducted.

2.1.3 RESERVED

2.1.4 CLARIFICATIONS

Agency may require any clarification it needs to understand the Proposer’s Proposal. Any necessary clarifications or modifications which are in the best interest of Agency may be made before the Proposer is awarded a Contract, and some or all of the clarifications or modifications may become part of the final Contract. Clarifications cannot be used to rehabilitate a non-responsive Proposal.

2.2 SCORING CRITERIA

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

Evaluation & Scoring Criteria

Max Points

Demonstrate a clear and concise understanding of the Scope of Services being requested in the Statement of Work (Exhibit A of Attachment A).

Demonstrate capability to complete the requested Services. Response must include:

· (Maximum 50 Points) Describe how the Proposer can accommodate varying levels of Services, including any limitations. Describe Proposer’s approach to adjusting schedules when needed, or adjusting level of effort in order to meet a schedule and keep a project within a stated budget while maintaining quality assurance/quality control and cost control.

· (Maximum 50 Points) Describe how the Proposer can accommodate working on projects that may be located in various parts of Oregon. Describe Proposer’s branch or satellite offices located within the State and the types of Services these locations are capable to perform.

Proposers must be able to self-perform a broad range of State Bridge Inspection Services. Proposers may include subcontractors for specialty work and to augment the professionals on Proposer’s team (and for incidentals such as flagging, etc.). However, the Proposal must clearly demonstrate the prime firm has the professional staff to self-perform the basic professional Services included in the Scope of Services for this RFP.

Demonstrate Proposer’s team qualifications and experience relating to the requested Services. Response should address the following:

· (Maximum 15 Points) List names, titles, responsibilities, and availability of key members (including subconsultants) who are anticipated to perform Services. Must include Team Leader(s) and a description of amount of time that will be devoted to the requested Services.

· (Maximum 40 Points) Describe the qualifications (including any specified licenses or certifications) and relevant individual experience on similar or related projects for up to six key team members likely to perform Services, including subconsultants utilizing individual resumes form. Use the “Key Staff Resumes” form available at: http://www.oregon.gov/ODOT/CS/OPO/pages/AE.aspx (under Misc. Procurement Related Forms) Key Staff Resumes are not included in the Proposal page limit identified for this RFP; however, a maximum of 6 Key Staff Resumes may be submitted. Any resumes submitted beyond this limit will be discarded by Agency and will not be included in the evaluation. The fields on the Key Staff Resumes form may be expanded, but may not exceed 1 page per resume.

· (Maximum 20 Points) Describe Project Managers’ experience with managing the determination of information to be included in the SNBI, bridge inspections and construction projects.

Demonstrate Proposer’s resources available to be allocated for the proposed Scope of Services (examples: compatible computer equipment or software, administrative or technical support, safety program and equipment, etc.). Describe any specialties or unique strengths that relate to the Services requested in this RFP. Include a brief description of new or innovative equipment or techniques you may be using.

Proposers do not need to provide a written response to this criterion.

The Proposal must be organized in accordance with the list of Scoring Criteria categories in section 2.2. Proposals will be scored by evaluators on: Proposal format; ease of finding clear, concise responses that correlate with the order of evaluation criteria in this RFP; and Proposers ability to follow instructions.

Proposal Score Summary

2.3 METHOD OF AWARD

The scores for Proposer ranking and tentative award will be determined as follows:

· Total Proposal Score = Total of all evaluator scores for a given Proposal, divided by the number of evaluators, minus any SCORING DEDUCTIONS received per section 1.5.

· Total Interview or Follow-up Questions Score (if conducted) = Total of all evaluator scores for a given Proposer, divided by the number of evaluators.

· Final Score = Total Proposal Score plus Total Interview or Follow-up Questions Score (if conducted).

2.4 NEGOTIATIONS

Agency will negotiate in the best interest of the State, the SOW, costs and any provision(s) Agency has indicated in this RFP or any addenda it will negotiate with the top ranked Proposer(s)---consistent with the stated Agency intent to award a contract for each of the 7 geographic areas specified in Attachment D to this RFP. Agency will, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if Agency and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. Agency may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on until negotiations result in a Contract for the specified geographic area. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time (as determined in the sole discretion of Agency), Agency may end this solicitation or take any other alternative approach described in this RFP for any geographic area noted in Attachment D that has not been assigned to a separate Proposer. Agency, in its sole discretion, may proceed with a new solicitation for the same Services or consider any other options available under the applicable rules, laws, policies and other provisions of this RFP.

Section 3.0 CONTRACT AWARD REQUIREMENTS The requirements in this section 3 apply only to any Proposer that receives an intent to award notice following Agency’s evaluation and scoring of Proposals (and interviews, if conducted).

3.1 COST INFORMATION

All forms and cost schedules referenced in this section are available on the Consultant Forms and Resources page (https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx under Cost & Compensation Related).

Labor rate and cost data must not be submitted until after Proposers have been notified of their selection status. Labor rate and cost data for any Proposer selected for contract negotiation and that of the Proposer’s subconsultants (if any) must be submitted electronically in conformance with any format and Agency form requirements below, no later than 5 business days after request from Agency.

Firms that have current rate data on file with Agency will normally not be required to resubmit. Submittal of rates higher than Agency has on file must be approved by Agency.

Conformance with Federal Cost Principles. Direct and indirect costs as applied to cost estimates and invoices under federally funded Agency contracts and subcontracts must be in conformance with Federal Cost Principles (48CFR Part 31). It is discriminatory against Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work/services under comparable circumstances. Any cost data submitted by Proposer pursuant to this solicitation may be shared with FHWA and Oregon Secretary of State as necessary for audit purposes.

3.1.1 BILLING RATE INFORMATION

Rate information must include either “Direct Salary and Overhead Information” or “Negotiated Billing Rate Schedule” described below, as applicable to your firm’s (and subconsultants’) accounting method:

A. Direct Salary and Overhead Information if applicable for your type of accounting (subconsultants may submit this directly to Agency):

(i) Direct Salary Rate Schedule (“DSR”). Submit this schedule with name, classification and actual direct salary rate for each employee that may be used under the Contract. The DSR will not be included in the Contract but will be used by Agency to develop an approved rate schedule, if applicable, for the Contract.

(ii) Calculation of Overhead Rate. Submit current overhead information (in Excel format) using the standard format for overhead accounting (no ODOT template available). Firms shall condense or expand categories as applicable to the firm’s method of accounting. Firms that have not established an overhead rate, based upon their particular financial reporting methodology, shall be reviewed by Agency to determine whether an overhead rate schedule will be required or a negotiated non-provisional billing rate will be used. If a firm does calculate overhead, the information must be submitted to Agency and updates must be provided annually.

(iii) Overhead Certification - Submit a signed Overhead Certification Form with the overhead accounting information.

(iv) Cognizant Audit – If an audit for the most recent fiscal year has been completed for your firm or any subcontractors by the appropriate federal cognizant agency, this must be submitted with the billing rate information (electronic scanned copy).

(v) Independent Audit – If an audit for the most recent fiscal year has been…