00013556 RFP.pdf

RFP/Bid Solicitation S-73000-00013556 Turnkey Vanpool Services Rebid

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STATE OF OREGON

Oregon Department of Transportation

REQUEST FOR PROPOSAL (“RFP”)

RFP TITLE: TURNKEY VANPOOL SERVICES REBID

RFP/Bid Solicitation Number: S-73000-00013556

Date of Issue: See “Available Date” for this RFP in OregonBuys

Opening Date and Time: See “Bid Opening Date” and time for this RFP in OregonBuys.

Purchaser/Single Point of Contact: See “Purchaser” and “Info Contact” for this RFP in OregonBuys.

Notes:

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

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

• Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Purchaser” and “Info Contact”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or https://oregonbuys.gov/bso/

DAS Version 4.5 –ODOT Form S011-G050823 Page 2 of 25 the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Opening Date” and time in OregonBuys).

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

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE4

1.3 OREGONBUYS

1.4 RFP ATTACHMENTS

1.5 PURCHASER/SINGLE POINT OF CONTACT

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 RESERVED 14

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL SUBMITTAL VIA OREGONBUYS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal for a qualified vendor to provide a Turnkey Vanpool Service for commuters in urban and rural areas statewide at a competitive and reasonable cost.

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 be three (3) years with the option to be renewed for two (2) additional one (1) year periods, or until the funds are exhausted. The maximum total length of this contract and any extensions will not exceed five (5) years.

Funding for this project comes from ODOT's Transportation Options Program, Innovative Mobility Program and Carbon Reduction Program. With this investment, ODOT hopes to increase the number of vanpools in Oregon and reduce vehicle miles traveled from commute trips.

The successful Vendor should demonstrate how their vanpool program can increase vanpool usage particularly in the Portland metropolitan area, in and around rural areas, with off-peak workers, and with commuters who work in agriculture, manufacturing, healthcare, hospitality and other shift-based sectors. For the duration of the contract, the successful Vendor will be required to focus approximately 35 percent of their outreach and marketing effort on vanpools starting or ending in the Portland metro area, and approximately 50 percent of effort on vanpools that start of end in rural areas or vanpools with passengers in agricultural, manufacturing, healthcare, hospitality, or other businesses with lower-wage workers or off-peak shifts.

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.

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Event Schedule

Questions / Requests for Clarification Due 10 calendar days prior to the Bid Opening Date in OregonBuys for this RFP

Answers to Questions / Requests for Clarification Issued (approx.)

Estimated 7 calendar days prior to Bid Opening Date in OregonBuys for this RFP

RFP Protest Period Ends 7 calendar days prior to the Bid Opening Date in OregonBuys for this RFP

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

Opening of Proposals See RFP section 4.8

Issuance of Notice of Intent to Award Estimated 3 weeks following Bid Opening Date in OregonBuys for this RFP

Award Protest Period Ends 7 calendar days after issuance of Notice of Intent to Award

1.3 OREGONBUYS

1.3.1 Registration Requirement; OregonBuys User Guides.

All vendors must be registered in OregonBuys to do business with the state.

Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf).

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

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

1.3.2 Crosswalk of Terms used In OregonBuys

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 125-246-0110; or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 137-046-0100(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

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

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Terms used in OregonBuys Definition

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

Master Blanket Purchase Order (“MBPO”)

Any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

Purchase Order Any form of project-specific contract (not awarded under an existing MBPO)

Quote Any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

Release Requisition Any form of ordering instrument used under an MBPO; i.e.

Purchase Order, Work Order Contract, etc.

Vendor

Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

1.4 RFP ATTACHMENTS

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

• Details entered in the Header Information section;

• All RFP attachments, “Amendments” (if any), and any other files linked in the File

Attachments and Form Attachments subsections; and

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

1.5 PURCHASER/SINGLE POINT OF CONTACT

The single point of contact for this RFP is identified as the “Purchaser” along with Purchaser’s “Info Contact” in OregonBuys.

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).

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

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Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137- 047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

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

Agency: Oregon Department of Transportation Driver(s): Primary Vanpool Driver and Back-Up Driver FHWA: Federal Highway Administration FTA: U.S. Department of Transportation Federal Transit Administration OAR: Oregon Administrative Rule ODOT: Oregon Department of Transportation ORS: Oregon Revised Statute OregonBuys: OregonBuys Network, located at: https://oregonbuys.gov/bso/ RFP: Request for Proposal SPC: Single Point of Contact. See OregonBuys for assigned SPC U.S. DOT: United States Department of Transportation

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Agency Overview The Oregon Department of Transportation (ODOT) provides a safe and reliable multimodal transportation system that connects people and helps Oregon's communities and economy thrive. The Public Transportation Division (PTD) focuses on public transportation options – from transit and rail to bicycling, walking or rolling. PTD delivers grants, policy leadership, training, and technical assistance to partners, including public transportation providers.

The Transportation Options, or TO, program focuses on implementation of the Oregon Transportation Options Plan, including: managing demand across the transportation system;

educating students and the public on travel options and how to safely use them; connecting veterans, low-income populations, communities of color, and others with ways to get to and from work or school; supporting vanpooling; and more.

Background Currently there is no statewide coordination of vanpool transportation in Oregon. Statistical data provides evidence that commuter traffic patterns will support vanpools in the urban areas of Oregon’s Willamette Valley. In addition, large employers in rural areas often report difficulty in recruiting and maintaining a labor force due to the lack of transportation options.

The project shall be conducted in the state of Oregon in both rural and urban areas. The Federal

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Transit Administration (FTA) definitions of rural and urban areas shall apply. Urban areas are defined as an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce. A rural area is an area encompassing a population of less than fifty thousand people that has not been designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce.

2.3.2 Project Overview, Background and Purpose

The Oregon Department of Transportation (ODOT) is seeking proposals from experienced vendors to provide a turnkey vanpool service for commuters in urban and rural areas of the state. The goal of the contracts is to provide commuters with an alternate mode of transportation that is cost-effective, reliable and environmentally friendly. At the conclusion of the contract, ODOT will request that Urban Transit Districts continue the subsidy using FTA 5307 funds generated from reporting Vehicle Revenue Miles. ODOT will use the data collected during the project to determine the feasibility of providing long-term state and/or federal funding in support of a non-urban or rural vanpool program.

For the purposes of this RFP, vanpool is defined as follows and the following requirements shall apply to the subsequent contract:

1. A vanpool consists of a group of individuals who agree to share the ride to work.

2. To be eligible for federal subsidies the vanpool must have a minimum of four adult commuters including the driver.

3. The vanpool driver is a volunteer from within the group using the van for transportation to/from work.

4. The vanpool driver shall not be paid a wage by the vanpool group, his/her employer, or any third party in exchange for driving the van.

5. All vanpools must be open to the public should any person desire to ride in a vanpool serving their work trip commute (space permitting).

2.4 SCOPE OF WORK/SPECIFICATIONS

The statewide turnkey vanpool project will allow for the support of existing vanpools and the creation of new vanpools in both rural and urban areas across the State of Oregon. The vanpools will operate on the schedule determined by the commuters and will provide commuters with a reliable, economical transportation option where bus or other public transportation might not be available or convenient.

See Attachment A-Sample Contract, Exhibit A – Statement of Work for additional details.

Insurance requirements are specified in Exhibit C of the Sample Contract (Attachment A). Required insurance coverage must be maintained throughout the duration of the Contract.

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SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

• Proposer shall have a minimum of 5 years of experience operating a vanpool service or demonstrably similar service.

• Proposer shall have all permits, licenses, insurance, and registrations required by law to conduct its business and perform the Services including, but not be limited to all appropriate operating certificates from the State and/or Federal Motor Carrier branches.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Proposer Information and Certification Sheet (Attachment C)

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

• Key Persons and Resumes

• Reference Check Form (Attachment D)

• Corporate Overview

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

3.2.2 Proposal Page Limits

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 Form (Attachment D)

3.2.3 Proposal Format

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

• 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

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Law (ORS 192.311 through 192.478), Proposer shall submit a completed and signed Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.4 Electronic Submittal Provisions

3.2.4.1. Proposers shall make reasonable efforts to minimize the file size of attachments so the total for all submittal files does not exceed 6 megabytes (for tips on reducing file size, see:

How to reduce PDF file size (https://www.wikihow.com/Reduce-PDF-File-Size); How to reduce the size of Word documents that contain images (https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/).

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

3.2.4.3. Agency reserves the right to award the Contract solely on the electronically submitted Proposal; however, upon Agency’s request, the apparent successful Proposer shall promptly submit its complete original signed Proposal.

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

3.2.4.5. By submitting a Proposal in response to this RFP, Proposer (and if selected for award, also as the Contractor) agrees with Agency that Signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both.

A Proposal that merely offers to provide the Goods or Services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

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

https://www.wikihow.com/Reduce-PDF-File-Size https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/ https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/

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Also mark the appropriate box for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, use COI Disclosure Form(s) linked on Attachment C to make the disclosures.

3.3.2 References

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

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

3.3.3 Reserved

3.3.4 Corporate Overview

3.3.4.1 Proposer Identification and Information

3.3.4.2 The proposer must provide the full company or corporate name, address of the company's headquarters, entity organization (corporation, partnership, proprietorship), state in which the proposer is incorporated or otherwise organized to do business, year in which the proposer first organized to do business and whether the name and form of organization has changed since first organized.

3.3.4.3 Change of Ownership

If any change in ownership or control of the company is anticipated during the twelve (12) months following the proposal due date, the proposer must describe the circumstances of such change and indicate when the change will likely occur.

Any change of ownership to an awarded vendor(s) will require notification to the State.

The State may elect to use a third-party to conduct credit checks as part of the corporate overview evaluation.

3.3.4.4 Office Location

The proposer’s office location responsible for performance pursuant to an award of a contract with the State of Oregon must be identified.

3.3.4.5 Relationships with the State

The proposer shall describe any dealings with the State of Oregon or any other Public Sector Agency within the State over the previous five (5) years. If the organization, its predecessor, or any party named in the proposer’s proposal response has contracted with the State of Oregon or any other Public Sector Agency within the State, the proposer shall identify the contract number(s) and/or any other information available to identify such contract(s). If no such contracts exist, so declare.

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3.3.4.6 Proposers Employee Relations to State

If any party named in the proposer's proposal response is or was an employee of the State of Oregon within the past twelve (12) months, identify the individual(s) by name, State of Oregon agency with whom employed, job title or position held with the State of Oregon, and separation date. If no such relationship exists or has existed, so declare.

If any employee of any agency of the State of Oregon is employed by the proposer or is a Subcontractor to the proposer, as of the due date for proposal submission, identify all such persons by name, position held with the proposer, and position held with the State of Oregon (including job title and agency). Describe the responsibilities of such persons within the proposing organization. If, after review of this information by the State of Oregon, it is determined that a conflict of interest exists or may exist, the proposer may be disqualified from further consideration in this proposal. If no such relationship exists, so declare

3.3.4.7 Summary of Proposer’s Corporate Experience

The proposer shall provide a summary matrix listing the proposer’s previous projects similar to this Request for Proposal in size, scope and complexity with a government organization and applicable programs. The State will use no more than three (3) narrative project descriptions submitted by the proposer during its evaluation of the proposal.

The proposer must address the following:

i. Provide narrative descriptions to highlight the similarities between the proposer’s experience and this Request for Proposal. These descriptions must include:

a. The time period of the project;

b. The scheduled and actual completion dates;

c. The Contractor’s responsibilities;

d. For reference purposes, a customer name (including the name of a contact person, a current telephone number, a facsimile number, and e-mail address); and

e. Each project description shall identify whether the work was performed as the prime Contractor or as a Subcontractor. If a proposer performed as the prime Contractor, the description must provide the originally scheduled completion date and budget, as well as the actual (or currently planned) completion date and actual (or currently planned) budget.

ii. Contractor and Subcontractor(s) experience must be listed separately.

Narrative descriptions submitted for Subcontractors must be specifically identified as Subcontractor project.

If the work was performed as a Subcontractor, the narrative description shall identify the same information as requested for the Contractors above. In addition, Subcontractors shall identify what share of contract costs, project responsibilities, and time period were performed as a Subcontractor

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3.3.4.8 Summary of Proposer’s Proposed Person/Management Approach

The proposer must present a detailed description of its proposed approach to the management of the project.

The proposer must identify the specific professionals who will work on the State’s project if their company is awarded the contract resulting from this Request for Proposal. The names and titles of the team proposed for assignment to the State project shall be identified in full, with a description of the team leadership, interface and support functions, and reporting relationships. The primary work assigned to each person should also be identified.

The proposer shall provide resumes for all personnel proposed by the proposer to work on the project. The State will consider the resumes as a key indicator of the proposer’s understanding of the skill mixes required to carry out the requirements of the Request for Proposal in addition to assessing the experience of specific individuals.

Resumes shall include, at a Resumes must not be longer than three (3) pages.

Resumes shall include, at a minimum, academic background and degrees, professional certifications, understanding of the process, and at least three (3) references (name, address, and telephone number) who can attest to the competence and skill level of the individual. Any changes in proposed personnel shall only be implemented after written approval from the State.

3.3.4.9 Subcontractors

If the proposer intends to Subcontract any part of its performance hereunder, the proposer must provide:

i. Name, address, and telephone number of the Subcontractor(s);

ii. Specific tasks for each Subcontractor(s);

iii. Percentage of performance hours intended for each Subcontract; and

iv. Total percentage of Subcontractor(s) performance hours.

3.3.5 Project Management

Project Approach - Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work.

Project Management Plan - Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work and how Proposer can accommodate working on the project given its location in the State.

Experience on Similar Projects – Describe Proposer’s experience on the projects listed as references for this RFP. Briefly describe the Proposer’s role in the projects, the project outcomes and whether the projects were completed on schedule and budget.

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SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the OregonBuys eProcurement system (https://oregonbuys.gov/bso). RFP documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Addenda published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

4.2 RESERVED

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

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

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule, RFP section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below.

4.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

4.4.3 Requirements for Protests

All Protests must:

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

• Reference the RFP number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

https://oregonbuys.gov/bso

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• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based

• State the proposed changes to the RFP provisions or other relief sought;

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

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

Addendum.

4.5 PROPOSAL SUBMITTAL VIA OREGONBUYS

Proposer is solely responsible for ensuring its Proposal and all required submittal items are submitted through OregonBuys in accordance with the RFP requirements before the Bid Opening Date. Proposals submitted by any other means will be rejected.

Agency is not responsible for any delays by transmission errors or delays, or for any misdelivery for any reason. Additional information may be found in the OregonBuys Terms of Use.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to withdraw or modify a submitted Proposal, Proposer must do so using the “Withdraw Quote” button in OregonBuys prior to the Bid Opening Date and time for this RFP in OregonBuys. Proposal withdrawals and modifications must be in conformance with requirements set forth in OAR 137-047-0440.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received in OregonBuys on or before the Bid Opening Date and time for this RFP specified in OregonBuys.

A Proposal received after the Bid Opening Date and time is considered LATE and will NOT be accepted for evaluation.

4.8 PUBLIC OPENING

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 137-047-0630. However, Agency will record and make available the identity of all Proposers after Opening.

4.9 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the Purchaser or persons authorized by the Purchaser, or makes inappropriate contact with the Purchaser.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Addenda.

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness Determination

A Proposal received prior to the Bid Opening Date for this RFP will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the Purchaser may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the Purchaser finds the Proposal non- Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 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 G) following receipt of Intent to Award notice as required in RFP section 5.3.4.

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available listed for each scored item.

Purchaser may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.2.1 Evaluation Item 1 - Understanding the Requested Services - Max Points: 10

5 Points

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Demonstrate that your firm has a clear and concise understanding of the scope of services being requested in the Statement of Work.

5 Points Provide examples of three projects and/or contract services comparable to the requested services. Examples should be within the last 5 years and include a description of types of vehicles supplied, service location, vehicle revenue miles, and duration of your involvement in the project.

4.10.2.2 Evaluation Item 2 - Supporting Vanpools for Lower Wage and Off-Peak Workers - Max Points: 10

Describe your approach to marketing to commuters in lower wage jobs and those in off-peak shift jobs in sectors such as agriculture, manufacturing, hospitality, and healthcare.

Describe your approach to providing demographically or culturally-specific marketing and outreach to form vanpools. Describe how you would report on those efforts to

ODOT.

Describe availability, process, extra costs and any other considerations if requested to provide ADA accessible vehicles for some vanpool routes.

4.10.2.3 Evaluation Item 3 - Supporting Vanpools in Rural Areas - Max Points: 10

Describe your approach to marketing to commuters working and/or living in rural areas.

Describe your approach to collaborating with local government agencies and nonprofits to promote vanpooling in and around rural areas.

Describe your firm's existing knowledge of commuting patterns or key vanpool opportunities in rural Oregon.

4.10.2.4 Evaluation Item 4 – Supporting Vanpools in Urban Areas - Max Points: 10

Describe your approach to marketing to commuters working in urban areas such as the Portland area or commuting from urban areas to outlying areas.

Describe your approach to collaborating with local government agencies and nonprofits to promote vanpooling in urban areas.

Describe your firm's existing knowledge of commuting patterns or key vanpool opportunities in the Portland metro area.

4.10.2.5 Evaluation Item 5 - Proposer’s General Qualifications - Max Points: 15

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Describe your firm’s overall qualifications and proficiencies to complete the requested Services.

Describe your program’s overall structure, including the average cost per rider and the financial sustainability of the service over time.

5 Points Describe your firm’s management and organizational structure and how that structure aids in the successful delivery of projects.

Describe any existing Oregon based vanpool business which includes public subsidies.

5 Points Describe how your firm will meet the vehicle requirements requested in the Statement of Work.

Provide documentation of your firm’s vehicle inspection and maintenance standards, practices and policies. Provide documentation of your firm’s preventative maintenance plans and procedures.

4.10.2.6 Evaluation Item 6 – Commitment to Customer Service - Max Points: 15

Provide evidence of your firm’s record of providing exemplary customer service including how customer satisfaction is measured and any policies related to customer service.

Describe how your firm will ensure high quality customer service in performing the requested service.

10 Points Describe how your firm handles unexpected situations such as auto crashes, flat tires, or vehicle breakdowns.

Describe your firm’s Emergency Ride Home program, if any.

4.10.2.7 Evaluation Item 7 – Commitment to Safety & Compliance - Max Points: 20

Provide an overview of your firm’s qualifications and experience related to safety.

Describe what your firm does to go “above and beyond” when it comes to safety.

10 Points Provide evidence of your firm’s history of safe operations.

Describe your firm’s policies and practices for compliance with all State and Federal rules regarding the operation of your vehicles.

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Explain the positive or negative impact of your fleet’s age on service safety.

5 Points Describe how you qualify vanpool drivers and how you work to maintain a record of safe driving.

4.10.2.8 Evaluation Item 8 – National Transit Database (NTD) Reporting - Max Points: 10

Describe your process for collecting and submitting data for National Transit Database (NTD) Reporting.

4.11 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

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

The 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.

TOTAL POINTS POSSIBLE100

RFP Section Description Points

4.10.2.1 Understanding the Requested Services 10

4.10.2.2 Supporting Vanpools for Lower Wage and Off-Peak

Workers

4.10.2.3 Supporting Vanpools in Rural Areas 10

4.10.2.4 Supporting Vanpools in the Portland Metro Area 10

4.10.2.5 Proposer’s General Qualifications 15

4.10.2.6 Commitment to Customer Service 15

4.10.2.7 Commitment to Safety & Compliance 20

4.10.2.8 National Transit Database (NTD) Reporting 10

4.12 RANKING OF PROPOSERS

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

Agency will rank all Proposers at the conclusion of the evaluation and scoring and may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of

DAS Version 4.5 –ODOT Form S011-G050823 Page 20 of 25 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.

The Purchaser will combine the average score for each Proposal with Proposer’s averaged reference score. Purchaser will determine the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score

4.13 NEXT STEP DETERMINATION

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

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 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 3 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.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP. Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. Agency may select the next ranked Responsive and Responsible Proposer, issue an Intent to Award notice and begin a new award protest period. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any Proposer.

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5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer 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.

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

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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 C of Attachment A.

5.3.2 W-9 Form

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

5.3.3 Business Registry

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

5.3.4 Responsibility Inquiry

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

5.3.5 Pay Equity Certification

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

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

5.3.6 Nondiscrimination in Employment

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

5.3.7 Pay Equity Compliance

Commencing on January 1, 2019, contractor must comply with ORS 652.220 as https://www.irs.gov/pub/irs-pdf/fw9.pdf http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Version 4.5 –ODOT Form S011-G050823 Page 23 of 25 amended and shall not unlawfully discriminate against any of contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of the contract and a failure to comply constitutes a breach that entitles agency to terminate the contract for cause.

Contractor may not prohibit any of contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person

5.3.8 Reserved

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall…