RFP A&E PAs RFP/Bid Solicitation # S-73000-00014560

ORBuys Bid Solicitation #: S-73000-00014560

OREGON DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSALS

Statewide Geotechnical Engineering & Engineering Geology Services

Price Agreement –

Professional Services and Related Services

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

Proposal/Quote Due Date: See “Bid Opening Date” and time for this RFP in OregonBuys.

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

Agency will not conduct a pre-Proposal conference for this RFP.

Notes:

• OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). See RFP section 0.1 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

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

• Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.

794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process.

Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Buyer”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Ending Date” and time in OregonBuys).

• Commitment To Diversity, Equity, and Inclusion: The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Proposals for this contracting opportunity.

Form #S002-B050223 https://oregonbuys.gov/bso/

TABLE OF CONTENTS

Section 0.0 OREGONBUYS, RFP ATTACHMENTS, SOLICITATION SCHEDULE

0.1 OREGONBUYS

0.2 RFP ATTACHMENTS

0.3 SOLICITATION SCHEDULE

Section 1.0 SOLICITATION INFORMATION AND REQUIREMENTS

1.1 DEFINITIONS, SUMMARY OVERVIEW and PROCUREMENT AUTHORITY/METHOD

1.2 QUESTIONS AND CLARIFICATIONS

1.3 PROTESTS

1.4 “PASS/FAIL” PROPOSAL SUBMITTAL REQUIREMENTS

1.5 “REQUIRED” PROPOSAL SUBMITTAL ITEMS & SCORING DEDUCTIONS

1.6 PUBLIC RECORDS

1.7 NON-DISCRIMINATION

Section 2.0 EVALUATION PROCESS & CONSULTANT SELECTION

2.1 EVALUATION PROCESS

2.2 SCORING CRITERIA

2.3 METHOD OF AWARD

2.4 NEGOTIATIONS

Section 3.0 PRICE AGREEMENT AWARD REQUIREMENTS

3.1 COST INFORMATION

3.2 CERTIFICATES OF INSURANCE

3.3 MISCELLANEOUS FORMS

3.4 CONSULTANT RESPONSIBILITY

3.5 BUSINESS REGISTRY NUMBER/REGISTERED AGENT

3.6 W-9 FORM

3.7 USE OF RECYCLED PRODUCTS

3.8 CONSULTANT QUALITY PLAN (“CQP”)

3.9 JOINT VENTURE/PARTNERSHIP INFORMATION

Section 0.0 OREGONBUYS, RFP ATTACHMENTS, SOLICITATION SCHEDULE

0.1 OREGONBUYS

0.1.1 REGISTRATION REQUIREMENT; OREGONBUYS USER GUIDES

All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website (https://oregonbuys.gov/bso). For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf). Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. ODOT shall not be responsible for defective registration or incorrect vendor information.

For quick reference information regarding common questions from vendors when using OregonBuys, see User Guides under “OregonBuys eProcurement System” on the Contracting with ODOT webpage:

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

0.1.2 CROSSWALK of TERMS used in OREGONBUYS

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); 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 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

Bid Solicitation

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

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

Master Blanket Purchase Order (“MBPO”)

Any form of parent contract/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.

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

Terms used in OregonBuys Definition

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.

0.2 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.

0.3 SOLICITATION SCHEDULE

Schedule Item Date

Pre-Proposal Conference See details on front page of RFP

Deadline for Proposer questions 10 calendar days prior to the Bid Opening Date in OregonBuys Bid Solicitation page for this RFP

Deadline for RFP protests 7 calendar days prior to the Bid Opening Date and time in OregonBuys Bid Solicitation page for this RFP

Proposal submittal deadline See “Bid Opening Date” and time in OregonBuys Bid Solicitation page for this RFP

Completion of Proposal evaluations Estimated 7 calendar days after Bid Opening

Completion of interviews (if conducted) Estimated 14 calendar days after Bid Opening

Intent to award notice Estimated 3 business days after all scoring complete

Deadline for selection protest No later than 7 calendar days after intent to award notice

*Negotiations completed Estimated 30 calendar days after intent to award notice

Price Agreement execution Estimated within 7 calendar days of negotiation completion

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

https://oregonbuys.gov/

Section 1.0 SOLICITATION INFORMATION AND REQUIREMENTS

1.1 DEFINITIONS, SUMMARY OVERVIEW and PROCUREMENT AUTHORITY/METHOD

1.1.1 DEFINITIONS

For purposes of this RFP:

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

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

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

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

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

“days” means calendar days;

“Menu of Services” means the portion of the Price Agreement that establishes parameters, requirements and objectives for the Services that may be needed. It provides a menu of the types of tasks and deliverables that may be included in Work Order Contracts;

“Price Agreement” or “PA” (referred to as “Master Blanket Purchase Order” or “MBPO” in OregonBuys) means the written document of understanding with no guarantee of a minimum or maximum purchase, negotiated between Agency and a consultant for the provision of services, which contains contract clauses and pricing information that will apply to potential future contracts during its term to be established through Work Order Contracts that will incorporate the required and applicable provisions of the Price Agreement;

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

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

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

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

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

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

“Services” means the services to be performed under an executed Work Order Contract;

“State” means State of Oregon;

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

and

“Work Order Contract” or “WOC” (referred to as “Release Requisition” in OregonBuys) means the contract formed between Consultant and Agency by an executed work order. The executed WOC includes the SOW for a specific project, method of compensation, not-to-exceed dollar amount, and incorporates required and applicable provisions of the PA. A sample WOC form (as may be revised from time to time by Agency) is available on the Consultant Forms and Resources page (https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx)

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

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

1.1.2 SUMMARY OVERVIEW

The Oregon Department of Transportation (“ODOT” or “Agency”) is seeking Proposals from Professional Services and Related Services firms to provide engineering geology and geotechnical engineering Services through WOCs issued under PA with the Consultant(s) for those Services. Proposers responding to this RFP do so solely at their expense, and Agency is not responsible for any Proposer expenses associated with this RFP.

General Background Information:

Proposers must be able to self-perform a broad range of geology and geotechnical professional Services.

Proposers may include subcontractors for specialty work and to augment the professionals on Proposer’s team (and for incidentals such as subsurface explorations, flagging, etc. Note that subcontractors for incidentals will not be scored in the evaluation/selection process for PA awards.).

However, the Proposal must clearly demonstrate that the prime firm has the professional staff to self-perform the basic professional Services included in the Scope of Services for this RFP, as may be assigned under WOCs.

The WOC will include a detailed description of the Project to which the WOC applies (“Project”). The WOC Statement of Work (“SOW”) will include the specific Services and deliverables required for each Project, derived from the categories described in Attachment A, Sample Price Agreement, Exhibit A, Scope of Services, of this RFP.

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

The Services that may be assigned under WOCs are further described in Exhibit A, Menu of Services of the sample PA (RFP Attachment A).

Future Work Limitations (For these purposes, “Affiliate” or “Affiliates” of a consultant means any Person or entity that controls, is controlled by or is under common ownership or control with that consultant.):

• If a consultant is awarded a WOC to prepare an Environmental Impact Statement, Environmental Assessment, Categorical Exclusion or designs and plans/specifications for a project, that consultant and its Affiliates will not be eligible to propose/bid on or enter into a contract to construct that project.

• If preliminary engineering and final design will be performed under a WOC, Agency is not obligated to proceed with final design for any alternative. All reasonable alternatives will be evaluated and given appropriate consideration, and consultant may not proceed with final design until the relevant NEPA decision documents have been issued (e.g., Categorical Exclusion, Finding of No Significant Impact, or Record of Decision).

• If a consultant is awarded a WOC to prepare an Environmental Impact Statement, Environmental Assessment or Categorical Exclusion for a project, that consultant and its Affiliates may prepare the designs/plans/specifications for the project or may propose under a separate solicitation to prepare designs/plans/specifications for the project only if Agency concludes that the NEPA document was prepared with objectivity. Agency is not obligated to proceed with final design for any alternative. All reasonable alternatives will be evaluated and given appropriate consideration, and consultant may not proceed with final design until the relevant NEPA decision documents have been issued (e.g., Categorical Exclusion, Finding of No Significant Impact, or Record of Decision).

• If a consultant or an Affiliate of consultant enters into a personal services contract for the purposes of administering, managing, monitoring, inspecting, evaluating compliance with or otherwise overseeing a public contract, that consultant or an Affiliate of that consultant will not be eligible to enter into a public contract that is subject to administration, management, monitoring, inspection, evaluation or oversight by means of the personal services. See ORS 279C.307, and 279C.307(3) regarding possible Agency applications for exceptions.

• If a consultant or any Associate of consultant enters into personal services contract(s) with Agency for the purpose of advising or assisting in developing specifications, a scope or statement of work, an invitation to bid, a request for proposals or other solicitation documents and materials related to a given procurement, the consultant may not be eligible to propose/bid on the prospective procurement (based on a case-by-case assessment by Agency).

Quantity of PAs Awarded: It is anticipated that 5 Proposers will be selected for PA award from this solicitation. Agency, in its sole discretion, may select more or fewer Proposers based on the Proposals submitted, the results of the evaluation, and Agency’s capacity needs for the Services.

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

Contingent upon Agency need and available funding, Agency may (for up to 9 months following the close of this solicitation), in Agency’s sole discretion, make additional award(s) from this RFP. Agency may select the next ranked responsible Proposer who has submitted a responsive proposal (provided Proposer agrees to an extended offer period, which would cover the balance of the 9 months, if at that time the offer period stated in the paragraph above has expired or soon will expire), issue an intent to award and begin a new selection 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 reserves the right to require confirmation of the qualifications of any Proposer.

WOC Assignments: Specific projects will be assigned as needed by Agency via WOCs. The WOC Assignment process is described in Exhibit F of the sample PA (RFP Attachment A). There is no guarantee that any specific amount of Services will be assigned or any overall dollar amount will be expended through the duration of the PA. Any WOC SOWs must be within the scope of Services described in this RFP. Assigned WOCs will identify a schedule for delivery, costs, and include or incorporate by reference an SOW with clearly defined tasks and deliverables.

Agency reserves the right to conduct a separate solicitation for any project (or bundled projects), and to make assignments to firms under other contracts or PAs.

PA Duration: PAs are anticipated to be effective by January 2026. PAs will have a limited WOC assignment period but will not expire until the later of: a) the end of the WOC Assignment Period, including any extensions, or b) when all WOCs assigned under the PA are completed, have expired, or have been terminated in accordance with their terms.

WOC Assignment Period: WOCs may be assigned for an initial period of 3 years from the execution date of the PA. The WOC assignment period may be extended for up to 2 additional years based on Agency’s need, availability of funding, and Consultant’s performance. Any WOCs assigned may be amended (including before and after expiration of the WOC assignment period), within the scope of the assigned WOC, as reasonably necessary to complete the needed Services or subsequent phases of phased development WOCs. A WOC is considered assigned when Agency has issued notice of WOC assignment to the selected firm. All WOC assignments are tentative until negotiations are successfully completed, all required signatures have been obtained on the WOC, and ODOT has issued a Notice to Proceed to Consultant.

Performance Evaluation: Agency intends to conduct performance evaluations on each assigned WOC and may conduct evaluations on each phase of a WOC (see Performance Evaluation - Exhibit G of the attached Sample PA). Poor performance on assigned WOCs may result in withholding of retainage and negatively impact a Consultant’s eligibility for any or all of the following: i) amendments to extend the WOC assignment period if applicable, ii) WOC assignments under this or other PAs and iii) selection under other Agency solicitations.

Funding Source(s) for WOCs:

State and Federal Highway Administration (“FHWA”)

PA Not-to-Exceed (“NTE”) Amounts:

The individual PAs will not have their own separate NTEs. Instead, the anticipated collective maximum NTE amount for all of the PAs derived from this RFP is $10,000,000.00. Agency will use this collective maximum NTE amount for assignment of WOCs under all of the PAs.

Contract Payment: Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with WOC/PA requirements and all applicable standards. The method of compensation will be determined by Agency for each WOC and may be based on any of the following methods (may include more than one method – “Mixed”):

• Cost Plus Fixed-fee, up to a maximum NTE WOC amount;

• Fixed Price for all Services; Fixed Price per Deliverable; Fixed Price per Milestone;

• Time and Materials, up to a maximum NTE WOC amount;

• Price Per Unit.

(For further information see RFP Attachment A, Sample PA, Exhibit B – Compensation.)

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

1.1.3 PROCUREMENT AUTHORITY AND METHOD; ELECTRONIC SIGNATURES

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

Procurement Method. Agency is conducting this RFP in conformance with ORS 279C.110, OAR 731-148- 0220 – Formal Selection Procedure and OAR 731-148-0270 – Price Agreements, and OAR 731-146-0150

– Electronic Procurement and Submittals.

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

1.2 QUESTIONS AND CLARIFICATIONS

1.2.1 PROPOSER QUESTIONS

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

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

https://secure.sos.state.or.us/oard/viewSingleRule.action;JSESSIONID_OARD=NNrqguPTVAEv054GuvxcYDhBfMvcaJh3Hs21Vc_l43RdT26KWXC_!-1599462816?ruleVrsnRsn=255817

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

Addenda/modifications, if any, to this RFP will be published in OregonBuys as “Amendment”(s).

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

1.3 PROTESTS

1.3.1 SOLICITATION (RFP) PROTEST REQUIREMENTS

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

1.3.2 SELECTION PROTEST REQUIREMENTS

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

Proposers who have been notified that they were not selected may contact the Purchaser/Single Point of Contact (identified in OregonBuys for this RFP) to request copies of the evaluation documentation.

1.3.3 COSTS AND DAMAGES

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

1.4 “PASS/FAIL” PROPOSAL SUBMITTAL REQUIREMENTS

Proposals must comply with all of the following Pass/Fail criteria to be considered for further evaluation.

Proposals with items in this section 1.4 marked as “PASS/FAIL” that are incomplete (except for minor informalities), not submitted by Proposal Bid Opening Date and time, or are otherwise not in substantial conformance with the requirement, will be rejected as non-responsive.

1.4.1 PROPOSAL SUBMITTAL DEADLINE (PASS/FAIL)

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

1.4.2 TERMS AND CONDITIONS (PASS/FAIL)

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

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

1.5 “REQUIRED” PROPOSAL SUBMITTAL ITEMS & SCORING DEDUCTIONS

Scoring Deductions:

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

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

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

• Scoring deductions are on an average score per Proposal basis and not a deduction per evaluator.

For example, if a Proposer received an average score of 92 points from the evaluation committee, a

2% scoring deduction would result in a Proposal score of 90. (Proposal score will be rounded to either the lower number if under .5 or to the higher number if .5 or over.)

1.5.1 PROPOSAL COVER SHEET (REQUIRED)

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

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

1.5.2 MINIMUM QUALIFICATIONS (REQUIRED)

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

➢ REGISTERED GEOTECHNICAL ENGINEER

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

➢ REGISTERED PROFESSIONAL ENGINEERING GEOLOGIST

Consultant may not provide engineering Services unless the Services are performed or provided under the full authority and responsible charge of an Oregon Registered Engineering Geologist as defined in OAR 809-030. The Engineering Geologist must be currently registered in active status with the Oregon State Board of Geology Examiners and must supervise and direct the Services proposed under WOCs. As required by Oregon law, Consultants shall place their official Oregon Registered Engineering Geologist certified seal and signature on all reports, maps, design drawings, and specifications delivered under WOCs. In the space provided on the Proposal Cover Sheet (RFP Attachment C), list the name and registration number of at least one Oregon Registered Engineering Geologist in active status intending to perform engineering services under the PA.

Licenses Outside of Oregon If the Proposer is an “individual, firm, partnership or corporation offering to practice engineering or land surveying” and “holds a certificate of registration to engage in the practice of professional engineering or land surveying (as applicable) issued by the proper authority of any other state, a territory or possession of the United States, or a foreign country”, the Proposer shall include a written statement that the Proposer is not registered to practice engineering or land surveying (as applicable) in the State, but will comply with ORS

672.002 to 672.325 by having an individual holding a valid certificate of registration in the State in responsible charge of the work prior to performing any engineering or land surveying (as applicable) work within the State. [ORS 672.060(9)(a) and (b)]

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

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

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

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

1.5.3 FORMAT FOR PROPOSAL SUBMITTALS; PAGE LENGTH LIMITATION

a. (REQUIRED) Proposals must use 12-point minimum font size for the substantive text (including text in tables) with the following exceptions which should use an 11-point minimum font size: RFP Attachment C – Proposal Cover Sheet, references,“Key Staff Resumes” , and COI Disclosure Form .

Proposers may use their discretion for the font size of other materials that do not include substantive text (e.g. graphics, picture or graphics captions, and organizational charts).

b. The Proposal must not exceed 12 pages, excluding Proposal Cover Sheet (RFP Attachment C), any tabs or indexes, and any of the following forms : references, “Key Staff Resumes”, Conflict of Interest form(s), and Subcontractor/Supplier Solicitation and Utilization form. If a Proposer submits a Proposal exceeding this limit, Agency will consider the pages up to that allowable number and discard all subsequent pages. The Proposer may choose how to allocate pages between any sections, within the overall page limit.

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

1.5.4 REQUIRED SUBMITTALS VIA OREGONBUYS

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

1) (REQUIRED) A single PDF file of the Proposal. The Proposal Cover Sheet (RFP Attachment C) may be included as part of the single PDF file of the Proposal or may be in a separate file. ( To the maximum extent practicable, the Proposal, Proposal Cover Sheet and all other submittal items should be compressed/optimized so the combined total size does not exceed 5 megabytes*.)

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

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

https://www.oregon.gov/ODOT/Forms/2ODOT/2721.pdf

4) (REQUIRED) Key Staff Resumes may be included in the single Proposal file or they may be submitted as a separate file (one file for all Key Staff Resumes) but is not included in the Proposal page count.

5) (REQUIRED) Provide 3 references for relevant projects as required in RFP section 2.1.3. The Reference Form must be submitted with the Proposal (separate file from the Proposal) but is not included in the Proposal page count.

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

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

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

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

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

1.5.6 REFERENCE QUESTIONNAIRE FORMS (REQUIRED)

Reference Questionnaire forms (using the form and complying with the requirements provided in section 2.2 of this RFP). A separate form (MS Word format) for each reference must be submitted directly to Agency by the reference contact. Additional instructions are included on the form. The Reference Questionnaire forms are not included in the Proposal page count.

1.5.7 EARLY WITHDRAWAL OF PROPOSAL

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

1.6 PUBLIC RECORDS

This RFP, and one copy of every Proposal received in response to it, together with copies of all documents pertaining to the award of the PA(s), shall be kept by Agency and made a part of Agency’s records. Proposals shall be open to public inspection in accordance with ORS 279C.107. If a Proposal contains any information that may be considered exempt from disclosure as a trade secret under either ORS 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS

192.311 through 192.478, the Proposer must clearly designate on or with the Proposal the portions of its Proposal which Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal in whole as trade secret, confidential or otherwise https://www.oregon.gov/odot/Business/Procurement/DocsPSK/keystaff.docx https://www.oregon.gov/odot/Business/Procurement/DocsPSK/References.docx 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/ exempt from disclosure is not acceptable. In such circumstances Agency will require Proposer to submit a memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims to be exempt.

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

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

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

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

1.7 NON-DISCRIMINATION

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

Section 2.0 EVALUATION PROCESS & CONSULTANT SELECTION

2.1 EVALUATION PROCESS

2.1.1 PROPOSAL EVALUATION

Agency will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 731-148- 0220 and this RFP. Agency will review Proposals for conformance with the Pass/Fail and REQUIRED criteria identified in sections 1.4 and 1.5. Proposals meeting all Pass/Fail criteria (including submittal of all REQUIRED items in the time allowed) will be forwarded to an evaluation committee of at least 3 members that will independently review, score and rank Proposals according to the Scoring Criteria set forth in section 2.2. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in this RFP with the responsiveness and the relevance of experience and qualifications presented in the Proposal. Agency will not evaluate any proposed prices for Services as part of the evaluation process.

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

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

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

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

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

2.1.2 INTERVIEWS/FOLLOW-UP QUESTIONS

Interviews/follow-up questions may be conducted and scored at the discretion of Agency. Evaluation of the optional interview or other requested information will be within the parameters of the following criteria:

• Understanding of Requested Services

• Technical Approach

• Project Management/Cost Effectiveness

• Proposer’s General Qualifications

• Proposer’s Capabilities

• Proposer’s Relevant Experience

• Project Team and Qualifications

• Proposer’s QA/QC Program and Associated Documentation

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

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

• The interviews/follow-up questions will have a maximum score of 40 points.

• Agency will, to the greatest extent practicable, select the 5 highest ranked Proposers for interviews/follow-up questions. Agency, in its sole discretion, may increase or decrease the number of Proposers selected for interviews/follow-up questions if there is a natural break in the scores.

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

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

2.1.3 REFERENCES

As required in RFP Section 1.5.4 – Required Submittals Via OregonBuys, Proposers must submit through OregonBuys 3 references (using the form hyperlinked below) for projects relevant to the project(s) contemplated in this RFP. Agency does not intend to score references but may contact references to verify information provided in Proposals. If the contact and alternate contact for a reference are both members of the evaluation committee for this RFP, Agency will request a different project reference from the Proposer.

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

2.1.4 CLARIFICATIONS

Agency may require any clarification it needs to understand the Proposer’s Proposal. Any necessary clarifications or modifications which are in the best interest of Agency may be made before the Proposer is awarded a PA, and some or all of the clarifications or modifications may become part of the final PA.

Clarifications cannot be used to rehabilitate a non-responsive Proposal.

2.2 SCORING CRITERIA

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

Evaluation & Scoring Criteria

Max Points

2.2.1 Geology Services to a Large Multi-Discipline Agency

Demonstrate experience working and communicating with a large multi-discipline agency. Specifically address your firm’s approach to managing project scope, schedules, and budgets while dealing with multiple groups having review authority and input. Describe how your firm manages potential changes to the project scope, schedule, and budget. Discuss your approach to dealing with environmental requirements that conflict with technical solutions and discuss your firm’s experience obtaining permissions and permits for drilling and field explorations that have right-of-way and environmental considerations.

List 3 projects designed by your firm within the last 5 years that are relevant to the requested services. To be relevant, projects listed should be geotechnical engineering and engineering geology services for transportation or related public improvement projects. Include a brief description of each project that discusses the type, size, and duration of the project. Include a summary of the services provided and provide the name of each Key Staff member, as described in section 1.5.4, who worked on each project. Provide references for the 3 projects as required in section 1.5.4 and 2.1.3

2.2.2 Experience in Providing Geotechnical Construction Quality Control Testing

Describe Proposers experience conducting, interpreting, and reporting geotechnical construction quality control testing, to include but not limited to:

dynamic load testing such as Pile Driving Analyzer (“PDA”) testing; cross hole…