00013526_RFP.docx

State of Oregon

Oregon Department of Transportation Request for Proposal (“RFP”) RFP TITLE: Commercial Driver Licensing Third Party Skills Testing Program RFP/Bid Solicitation Number: S-73000-00013526

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

Notes:

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

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

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

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

RFP/Bid Solicitation S-7300-00013526 – Commercial Driver Licensing Third Party Skills Testing Program

Level 3 - Restricted

Level 3 - Restricted

DAS Version 4.5 –ODOT Form S011-G050823 Page 4 of 33Level 3 - Restricted

Table of Contents

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Commercial Driver Licensing Third Party Skills Testing Program.

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 up to (3) Contract(s) from this RFP.

The initial term of the Contract is anticipated to be 5 years with the option to renew, for a cumulative maximum term of 10 years.

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.

OREGONBUYS

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 Agency page (https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

Crosswalk of Terms used In OregonBuys

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.

Attachments that apply to the RFP are available for download on the OregonBuys Bid Solicitation page for this RFP. This RFP includes the following attachments:

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.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-0170(2).

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.

DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 735-060-0003, OAR 125-246-0110, RFP section 1.3.2 - Crosswalk of Terms used In OregonBuys, and Exhibit A (Scope of Work) of RFP Attachment A (Sample Contract).

OVERVIEW AND PURPOSE

Agency Overview and Background Agency’s Driver and Motor Vehicle Services division (“DMV”) promotes driver safety, protects financial and ownership interests in vehicles, and collects revenue to finance Oregon’s multimodal transportation system. DMV also oversees the Commercial Driver Licensing (“CDL”) Third Party Skills Testing Program. The purpose of the CDL Third Party Skills Testing Program is to provide a more expeditious option for CDL skills testing to prospective commercial drivers.

Program Overview, Background and Purpose DMV’s CDL Third Party Skills Testing Program (the “Program”) has been in place since the late 1980s. There are currently 4 private, for-profit businesses administering CDL skills tests under this Program.

In the 2-year time period of 2023 to 2024 DMV issued approximately 12,000 CDL licenses per year. A person issued an original Oregon CDL must pass various DMV tests as required by state statutes and the Federal Motor Carrier Safety Regulations (Title 49 CFR). DMV will waive a CDL skills test if an applicant surrenders a valid out-of-state CDL. DMV also accepts proof of prior commercial motor vehicle operation in military service to waive a skills test, as well as out-of-state CDL skills test results for applicants who have completed out-of-state testing in conjunction with driver training from an approved organization.

Between January 2023 and December 2024, skills test examiners employed by Oregon DMV and private, for-profit third party testing businesses administered approximately 4,700 CDL skills tests. The private third party testing businesses administered nearly 96% (4,512) of these CDL skills tests. DMV expects the amount and percentage of CDL tests administered by third party testing businesses to continue in future years.

In 2019, DMV solicited for identical services as described in this RFP, issuing 2 contract awards. In 2020, due to increasing demand, DMV conducted another solicitation for identical services as described in this RFP, issuing 4 additional contract awards. DMV has determined that there is not adequate state-wide third party CDL testing businesses that can perform testing services on behalf of DMV around the state. DMV is specifically looking to add testing in high need, urban, and underserved remote areas of Oregon including, but not limited to, the mid-Willamette valley (Salem, Albany, Eugene), Portland Metro area, Southern Oregon (Roseburg, Medford, Klamath Falls) Central Oregon (Bend, Redmond, Burns) Eastern Oregon (The Dalles, Hermiston, LaGrande, Ontario) and the Oregon Coast.

Because Agency resources are limited, the wait-time to schedule a CDL skills test with DMV may hinder a person from obtaining commercial driving privileges. Therefore, Agency is seeking private CDL third-party testing businesses (“Contractor”) for the administration of CDL skills tests for persons applying for an Oregon CDL. The purpose of the Program is to provide alternate, DMV equivalent services to Oregonians needing to pass a CDL skills test prior to DMV issuing commercial driving privileges.

Upon entering into a Contract with Agency, and completing any required training, the awarded Proposer(s) will be authorized to administer CDL skills tests on behalf of Agency. Proof of successful completion of an applicant’s CDL skills test with any such Contractor will be accepted by DMV in lieu of a DMV-administered CDL skills test. To ensure consistency and uniformity of CDL skills testing across the state, Contractor(s) shall administer CDL skills tests and use scoring criteria identical to the model skills test procedures used by DMV and established in the Oregon CDL Examiner’s Manual. To ensure uniformity in testing and compliance with federal regulations, Contractor shall not deviate from the model CDL skills test in the Oregon CDL Examiner’s Manual.

The Contracts awarded under this RFP to administer CDL skills tests include no direct compensation paid from Agency to a Contractor. Instead, each Contractor is authorized to set and collect fees from the CDL skills test applicants as provided in the Contract.

The following is a breakdown of CDL skills tests administered by DMV and private third party testing businesses in 2024 throughout Oregon.

Portland Metro Multnomah: 1,573 Washington Co: 807 Clackamas: 815

Mid-Valley Salem: 730 Albany: 345 Eugene: 639

Southern Oregon Roseburg: 283 Grants Pass: 166 Medford: 435

Oregon Coast North Coast: 132 Central Coast: 82 South Coast: 122

I-84 Corridor The Dalles: 102 Hermiston: 72 Pendleton: 25

Eastern Oregon La Grande: 31 Baker City: 23 Ontario: 93

Central Oregon Bend-Redmond: 288 Klamath Falls: 183

East and Southeast Oregon John Day: 9 Burns: 10 Lakeview: 14

Total Number of Tests Administered Statewide: 6,979 These numbers illustrate the demand for third party CDL testing services throughout Oregon, and opportunities for private testing businesses.

SCOPE OF WORK

The Scope of Work for all awarded contract(s) is found in Exhibit A (Scope of Work and Delivery Schedule) of Attachment A, (Sample Contract). The Scope of Work is non-negotiable.

PROCUREMENT REQUIREMENTS

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.

MINIMUM SUBMISSION REQUIREMENTS

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

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

· Proposer Information and Certification Sheet (Attachment C) COBID Certification (Attachment D) Key Persons and Resumes- Form available under Miscellaneous Procurement Forms at: http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx Technical Proposal (Proposer’s response to the Evaluation Criteria in RFP Section 4.10.2) Third Party Testing Qualification Certification (Attachment G) See RFP section 5.3 for submittal requirements of selected Proposer after award notice.

Proposal Page Limits Proposal is limited to 10 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) COBID Certification (Attachment D) Third Party Testing Qualification Certification (Attachment G) 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).

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.

Electronic Submittal Provisions

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.

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

Also mark the appropriate box for item 9 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.

References [RESERVED] Price Proposal [RESERVED] Third Party Testing Qualification Certification Proposer shall complete and submit the Third Party Testing Qualification Certification (Attachment G), with the proposal.

Key Persons and their Resumes Specify key persons to be assigned to this program and 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.

Technical Proposal

Program Accommodations– Proposer shall provide projected hours of operation, geographical locations, drive test detailed pricing structure (including any vehicle rental prices), as well as any additional services, discounts or accommodations intended for the testing public, including any variances of pricing per geographic location. Proposal must provide examples of Proposer’s experience handling escalated customer complaints both within and outside of Proposer’s capacity to resolve.

Program Management Plan - Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will ensure quality of services and integrity of reports, minimize errors, and maintain proper documentation of examiner pass/fail rates. Explain in detail how confidential and personal information will be protected. Describe Proposer’s methods for employee and examiner oversight to ensure quality of work, deter fraudulent activity and adhere to applicable statutes, administrative rules and Program requirements. Illustrate how the plan will serve to coordinate and accomplish the Work and how Proposer can accommodate working in the program given Proposer’s location in the state.

Employment Criteria – Proposer shall provide a brief description of Proposer’s employment criteria for its skills test examiners, explaining the minimum qualifications, attributes and skills required for its examiners. If Proposer does not plan to hire any examiners, describe how Proposer meets the minimum qualifications, attributes and skills required for an examiner. DMV training and resources could be limited and the Proposer’s need to train new examiners may not be met by Agency in the desired time anticipated.

Experience in Similar Programs – Describe Proposer’s experience with similar programs as outlined in this RFP. Briefly describe the Proposer’s role in the programs, the outcome achieved, and whether the programs remained on schedule and within budget.

SOLICITATION PROCESS

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.

PREPROPOSAL CONFERENCE

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

QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, the intent or technical aspects of the RFP, contractual requirements, or any other provision must:

Be submitted in writing via email to the Purchaser identified in OregonBuys for this RFP. The email must include the RFP number and identify Proposer’s name and contact information;

Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule, RFP section 1.2.

SOLICITATION PROTESTS

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

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.

Requirements for Protests All Protests must:

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

Reference the RFP number;

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based State the proposed changes to the RFP provisions or other relief sought;

Protests to the RFP must be received by the due date and time identified in the Schedule, RFP section 1.2;

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

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.

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.

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.

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.

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.

EVALUATION PROCESS

Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness Determination

A Proposal received prior to the Bid Opening Date for this RFP will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the Purchaser may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the Purchaser finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.10.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment E) 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.

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.

4.10.2.1 Evaluation Item 1 - Program Accommodations Max Points: 450

· How well does Proposer handle escalated customer complaints?

· How well do Proposer’s hours of operation meet the needs of the public?

· How well do Proposer’s fees meet the needs of the public?

· How well does Proposer allow for additional services, discounts or accommodations for the testing public?

· How well does Proposer plan to service locations high in demand?

· How well does Proposer plan to service locations in remote areas?

4.10.2.2 Evaluation Item 2 - Program Management Plan Max Points: 300

· How well does the program management plan ensure good communication between Agency and Proposer?

· How well does the program management plan provide for report integrity and quality assurance?

· How well does the program management plan ensure skills test examiners and employees remain in compliance with program requirements?

· How well does the program management plan ensure adherence to contract requirements, program regulations and administrative rule?

· How well does Proposer protect confidential and personal information?

4.10.2.3 Evaluation Item 3 - Employment Criteria Max Points: 100

· How well do Proposer’s hiring criteria ensure employees are qualified, ethical and focused on driver safety? If Proposer will not be hiring anyone, they should address how they personally meet these standards.

4.10.2.4 Evaluation Item 4 - Experience on Similar Programs Max Points: 100 Describe Proposer’s experience with similar programs as outlined in this RFP. Briefly describe the Proposer’s role in the programs, the outcomes achieved, and whether the programs remained on schedule and within budget.

PREFERENCES

If Agency receives Proposals identical in 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.

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.

TOTAL POINTS POSSIBLE: 950

RANKING OF PROPOSERS

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

The Purchaser will then determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if, in Agency’s sole discretion, it is in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Interviews Presentations/Demonstrations/Additional Submittal Items Discussions and submittal of revised Proposals Serial or simultaneous negotiations Best and Final Offers Competitive Range Determination If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all or, at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. The Competitive Range will, to the greatest extent practicable, consist of the 5 highest ranked Proposers. Agency, in its sole discretion, may increase or decrease the number of Proposers selected for the Competitive Range if there is a natural break in the scores. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

Competitive Range Protest Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:

Be emailed to the Purchaser;

Reference the RFP number;

Identify Proposer’s name and contact information;

Be sent by an authorized representative;

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

Agency will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

ADDITIONAL ROUNDS (Optional at Agency’s discretion) Interviews/Follow-up Questions If Agency determines interviews or follow-up questions are necessary, Proposers in the Competitive Range will be invited to participate and the following will apply:

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

· The interviews/follow-up questions will have a maximum score of 75 points.

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

· As an alternative to interviews, Agency may elect to send follow-up questions via email to Proposers in the Competitive Range. Agency must receive Proposers’ responses to the follow-up questions by the deadline set forth in the email to Proposers. Agency may conduct face-to-face interviews if determined necessary after conducting written follow-up questions.

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

Best and Final Offers Proposers in the Competitive Range may be invited by the Purchaser to submit Best and Final Offers. The written Best and Final Offer (“Revised Proposal”) must be submitted on or before the due date and time set forth in the notice of Competitive Range. LATE REVISED PROPOSALS WILL NOT BE ACCEPTED.

If Proposer elects not to submit a Revised Proposal, Proposer’s initial Proposal will be accepted as the Best and Final Offer and evaluated accordingly.

Best and Final Offer Requirements:

Best and Final Offers must be submitted in Writing in the form of an amendment to the Proposer’s initial Proposal. Best and Final Offers must comply with the following requirements and specifications:

· Identify Proposer’s business name and reference the RFP number for this solicitation; and

· Submit an electronic copy of the revised Proposal signed by Proposer’s authorized representative; and

· Clearly identify the information included in Proposer’s initial Proposal that Proposer intends to amend or replace in terms of the page, section and paragraph of Proposer’s initial Administrative, Technical or Price Proposal; and

· Include the replacement information, which shall comply with the requirements of Section 3 and each of the Items listed below; and

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

· Include a Best and Final Offer letter, signed by Proposer’s authorized representative, which summarizes the Proposal aspects amended by the Best and Final Offer and states that the information included in the Best and Final Offer supersedes the corresponding information included in Proposer’s Proposal submitted on or before the Bid Opening Date; and

· Include all information requested in the Best and Final Offer letter.

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the Purchaser will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

1.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Proposer based upon the scoring methodology and process described in Section 4. At Agency’s discretion, it may also award up to two additional Contracts to the next two highest-ranked Responsible Proposers.

Agency may award less than the full Scope of Work described in this RFP.

Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation, up to a maximum number of 3 Contracts.

If Agency cannot reach agreement with a Proposer, Agency may select the next ranked Responsive and Responsible Proposer, issue an Intent to Award notice and begin a new award protest period. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any Proposer.

1.1.2 Intent to Award Notice

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

INTENT TO AWARD PROTEST

1.1.3 Protest Submission

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

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

All higher ranked Proposals are non-Responsive.

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

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

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

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

5.2.1.1 Protest Requirements:

Protests must:

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

Reference the RFP number;

Identify Proposer’s name and contact information;

Be signed by an authorized representative;

Specify the grounds for the protest; and Be received within 7 calendar days of the Intent to Award notice.

1.1.4 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

1.1.5 Insurance

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

1.1.6 W-9 Form

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

1.1.7 Business Registry

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

1.1.8 Responsibility Inquiry

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

1.1.9 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services - For instructions on how to obtain the Certificate visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx. This requirement is also set forth on Attachment E – Responsibility Inquiry.

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

Nondiscrimination in Employment As a condition of receiving the award of a Contract under this RFP, Proposer’s authorized representative must certify by marking the “APPROVED” checkbox and entering their name and title on Attachment C - Proposer Information and Certification Sheet that, in accordance with ORS 279A.112, Proposer has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

Price Information [RESERVED]

CONTRACT NEGOTIATION

1.1.10 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with any modifications made through the exception process described below.

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

1.1.11 Contractor Selection Methodology [RESERVED]

ADDITIONAL INFORMATION

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.

CERTIFIED FIRM PARTICIPATION

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

GOVERNING LAWS AND REGULATIONS

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

OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

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

COST OF SUBMITTING A PROPOSAL

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

STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025) image1.jpeg