00015267_RFP.docx

State of Oregon

Oregon Department of Transportation Request for Proposal (“RFP”) RFP TITLE: Variance Permit Issuing Agent RFP/Bid Solicitation Number: S-73000-00015267

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.

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

Notes:

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

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

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

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

RFP/Bid Solicitation #S-73000-00015267 – Variance Permit Issuing Agent

DAS Version 4.5 –ODOT Form S011-G050823 Page 4 of 33 Table of Contents

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Variance Permit Issuing Agent services.

Additional details on the Scope of the Services are included in Section 2.3 Overview and Purpose.

Agency anticipates the Award of one or more Contracts from this RFP. The initial term of each Awarded Contract is anticipated to be 2 years with the option to renew up to a cumulative maximum of 10 years.

SCHEDULE

The Schedule of Events 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.

Schedule of Events Table

OREGONBUYS

Registration Requirement; OregonBuys User Guides.

All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance refer to 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.

Refer to 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. For Solicitations, refer to https://www.oregon.gov/odot/Business/Procurement/Documents/SupplierBidResponse.pdf.

Crosswalk of Terms used In OregonBuys OregonBuys Terminology Table

RFP ATTACHMENTS

Attachments to this RFP

· Attachment A – Sample Contract

· Attachment B – Disclosure Exemption Certification

· Attachment C – Proposer Information and Certification Sheet

· Attachment D – Price Certification

· Attachment E – Responsibility Inquiry RFP Attachments in OregonBuys 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 at https://oregonbuys.gov/bso/, 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.

PURCHASER/SINGLE POINT OF CONTACT

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

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(3).

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

DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 137-046-0110, 734-070-0110, or as defined below and in RFP Section 1.3.2 - Crosswalk of Terms used In OregonBuys.

“Agency” or “ODOT” means the Oregon Department of Transportation.

“Agent” means a participating Road Authority or private contractor authorized by Agency to issue permits for other jurisdictions participating in the COVP Program.

“Annual Permit” means a continuous operation variance permit that is valid for 12 months.

“Authorized Combination” means two or more vehicles coupled together that exceed the maximum allowable size or weight by ordinance, statute or rule and may be issued a variance permit to operate.

“Authorized Roads” means those public roadways on which a Road Authority allows Authorized Combinations to travel.

“Award” means, as the context requires, either identifying or the Contracting Agency’s identification of the Person with whom the Contracting Agency intends to enter into a Contract following the resolution of any protest of the Contracting Agency’s se election of that Person and the completion of all Contract negotiations.

“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.

“CCD” means the Commerce and Compliance Division of ODOT.

“CFR” means Code of Federal Regulations (United States).

“COBID” means the Oregon Certification Office for Business Inclusion and Diversity.

“COI” means conflict of interest.

“Continuous Trip Permit” or “continuous operation variance permit” means a variance permit issued under a COVP Program agreement to allow unlimited movements, for specified time periods not to exceed one year, for Authorized Combinations over Authorized Roads under the agreement.

“Contract” means a contract for sale or other disposal, or a purchase, lease, rental or other acquisition, by a Contracting Agency of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. “Contract” does not include grants.

“COVP” means continuous operation variance permit.

“COVP Program” means the Continuous Operation Variance Permit Program; a program to issue authorized annual oversize permits, overweight permits, or both, for operations on State and local jurisdiction roads.

“CTP” means continuous trip permit.

“OAR” means Oregon Administrative Rule(s).

“KPM” means key performance measures.

“Offer” means a Written offer to provide Goods or Services in response to a Solicitation Document.

“ORION” means Agency’s online electronic permitting system, Oregon Routing Information Online.

“ORS” means Oregon Revised Statute(s).

“Personal Services” under ORS 279B means services that require specialized skills, knowledge and resources in the application of technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment, including, without limitation, the services of an accountant, physician or dentist, educator, information technology professional, Consultant, broadcaster, or artist (including a photographer, filmmaker, painter, weaver or sculptor).

“Proposal” means a Written response to a Request for Proposals.

“Proposers” (referred to as “Vendor” in OregonBuys) All firms submitting Written responses are referred to as Proposers in this document.

“Responsible” means meeting the standards set forth in OAR 137-047-0640 or 137-049-0390(2) and not debarred or disqualified by the Contracting Agency under OAR 137-047-0575 or 137-049-0370.

“Responsive” means having the characteristic of substantial compliance in all material respects with applicable solicitation requirements.

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

“Road Authority” has the same meaning provided in ORS 801.445.

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

“Services” means the services to be performed under a Contract, if Awarded.

“Signed” means, as the context requires, that a Written document contains a Signature or that the act of making a Signature has occurred.

“SPC” means the single point of contact for this RFP.

“State” means State of Oregon.

“TPA” means third party Agent.

“USC” means United States Code.

“Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intended to represent or convey particular ideas or meanings. “Writing,” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

“Written” means existing in Writing.

OVERVIEW AND PURPOSE

Agency Overview and Background Agency’s mission is to provide a safe and reliable multimodal transportation system that connects people and helps Oregon's communities and economy thrive. Agency’s Commerce and Compliance Division (“CCD”) facilitates that mission by regulating intra- and interstate truck and rail freight in the State of Oregon. Working with freight carrier customers as well as partner state and federal agencies, CCD is responsible for safety, legal compliance and collection of funds to maintain Oregon’s transportation system.

In 1999, the Oregon Legislature mandated a joint State-County over-dimensional (oversize) and overweight Annual Permit program under Oregon Revised Statute (“ORS”) 818, which Agency is responsible for overseeing. To transport an oversize or overweight load in Oregon, the trucking industry is required to obtain a permit from Agency allowing variance from the size and weight regulations. These permits are collectively known as “variance permits.” The authority to issue variance permits was established by ORS 818.200 and the fees for issuance of variance permits were established by ORS 818.205(6) and 818.270(1).

Agency’s responsibilities under ORS 818.205 resulted in the creation of the COVP Program implemented by OAR 734-070-0100 through 734-070-0140 under the purview of CCD.

Project Overview and Purpose Under the authority of OAR 734-070-0140(5), Agency is seeking Proposals from Personal Services contractors to issue variance permits under the Continuous Operation Variance Permits Program (“COVP Program”) and collect permit fees on behalf of Agency established by ORS 818.200 through 818.270 and pursuant to Oregon Administrative Rules (“OAR”) 734-070-0100 through 734-070-0140, (the “Services”).

The Services will be performed through Agency’s new electronic permitting system, Oregon Routing Information Online (“ORION”) which launched in May 2025. More information may be found on CCD’s website: https://www.oregon.gov/odot/MCT/Pages/Over-Dimension-Operations-Oregon.aspx.

The purpose of this RFP is to enter into a Contract with 1 or more contractors for third party Agent (“TPA”) issuance of two types of annual variance permits under the COVP Program, Continuous Trip Permits (“CTP”) and Continuous Operation Variance Permits (“COVP”), as defined in OAR 734-070-0110(6) and collection of the associated permit fees.

Awarded TPA contractor(s) will utilize the information made available by Agency to perform the following COVP Program functions in ORION:

Utilize database information to support the preparation of variance permits for motor carriers.

Prepare, submit, and issue variance permits to motor carriers under the approval and authority of Agency.

Assist motor carriers in understanding the permit conditions, provisions, and restrictions imposed by the variance permits.

Collect and remit appropriate variance permit fees according to OAR 734-070-0140.

All Proposers meeting the Minimum Qualifications and Minimum Submission Requirements will be considered for Award.

SCOPE OF WORK/SPECIFICATIONS

See Exhibit A of the Sample Contract (RFP Attachment A).

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS (PASS/FAIL)

To be considered for evaluation, Proposer must be a registered vendor in OregonBuys.

MINIMUM SUBMISSION REQUIREMENTS

See RFP Section 5.3 for submittal requirements of selected firm after Notice of Intent to Award is issued pursuant to OAR 137-047-0630, including Responsibility Inquiry Form (Attachment E).

Proposal Submission Elements (PASS/FAIL) To be considered for evaluation, Proposal must contain each of the following elements (specific Requirements for each element are described in Section 3.3 Proposal Requirements below):

· Proposer Information and Certification Sheet (Attachment C)

· Technical Proposal

· Disclosure Exemption Certification (Attachment B) (only required to be submitted if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478))

· Price Certification (Attachment D) Proposers’ ability to follow instructions may be taken into consideration under Section 4.10.2.5 – Evaluation Item 5 – Clarity of Proposal and Conformity with Requirements.

Proposal Page Limits (REQUIRED) There is no overall page limit to the Proposal.

Technical Proposal Evaluation Items 1, 2, and 3 are limited to 5 pages for each item (see Sections 4.10.2.1 through 4.10.2.3 below), any pages exceeding this limit for these sections will not be provided to the evaluation committee or considered in the evaluation.

One Page is defined as: one side of a single 8-1/2" x 11" page. Any page over this size will be counted as 2 pages. Minimum 12-point font size must be used for the substantive text (including text in tables). Minimum 10-point font size may be used for graphics and footer notes. Proposers may use their discretion for the font size of other materials that do not include substantive text (e.g. headings, graphics, picture or graphics captions, and org charts). Any page or partial page with substantive text, tables, graphics, charts, resumes, etc., will be counted as 1 page. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation.

Proposal Format (REQUIRED) Proposal should follow the order, format, and reference the sections listed in Section 3.3 Proposal Requirements. Responses to each section and subsection under Section 4.10.2 Evaluation Criteria should be labeled to indicate the item being addressed and must not exceed the allowable page limit for each section or subsection (see Section 3.2.2 Proposal Page Limits).

Proposal must be submitted via OregonBuys as a single Adobe Acrobat (PDF) file.

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version as a separate single PDF file via OregonBuys.

Proposers shall make reasonable efforts to minimize the file size of attachments so the total for each submittal file 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/).

Electronic Submittal Provisions Agency reserves the right to reject any submittal that is unreadable.

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.

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.

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.

PROPOSAL REQUIREMENTS (REQUIRED)

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 be straightforward and address the requests of the RFP. Proposal should not include other materials not essential to the utility and clarity of the Proposal. Proposal containing information beyond what is requested in this RFP, including unsolicited marketing or advertising material, may receive a lower evaluation score if required information is difficult to locate.

Content incorporated by reference (for example, references to websites and links) will not be considered and will be redacted.

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

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

Technical Proposal Proposer shall provide responses to evaluation criteria 4.10.2.1 through 4.10.2.4. Each response shall include the unique identifier provided with each subcriterion (e.g., E1a, E1b, E2a, etc.).

Key Persons Resumes. As part of the response to 4.10.2.4, include a current resume for each key person that demonstrates the person’s qualifications and experience for the Services described in this RFP.

Disclosure Exemption Certification (Attachment B) If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a completed and Signed Disclosure Exemption Certification (Attachment B).

Price Certification (Attachment D) Proposer shall complete and submit Price Certification (Attachment D), with the “AGREED” checkbox marked to certify agreement to follow COVP Program permit fee structure by a duly authorized representative authorized to bind the Proposer. Failure to demonstrate compliance with the COVP Program statutory and regulatory requirements may result in a finding of non-Responsiveness.

SOLICITATION PROCESS

PUBLIC NOTICE

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

Modifications, if any, to this RFP will be made by Written Addenda published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

PREPROPOSAL CONFERENCE [RESERVED]

QUESTIONS / REQUESTS FOR CLARIFICATION

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

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

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

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

SOLICITATION PROTESTS

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

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

Requirements for Protests All Protests must:

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

· Reference the RFP number;

· Identify prospective Proposer’s name and contact information;

· Be sent by an authorized representative;

· State the reason for the protest, including:

· the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and

· evidence or documentation that supports the grounds on which the protest is based

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

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

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

PROPOSAL SUBMITTAL VIA OREGONBUYS (PASS/FAIL)

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. Submitted means the status of the vendor’s Quote in OregonBuys states “Submitted.” Refer to the OregonBuys Solicitations guidance document at the link provided in Section 1.3.1.

Contact the Purchaser/Single Point of Contact according to Section 4.2 Questions / Requests for Clarification with OregonBuys questions.

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

PROPOSAL MODIFICATION OR WITHDRAWAL

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

PROPOSAL DUE DATE (PASS/FAIL)

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. Contact the Purchaser/Single Point of Contact according to Section 4.2 Questions / Requests for Clarification with OregonBuys questions.

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

PUBLIC OPENING

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

PROPOSAL REJECTION

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

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

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

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

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

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

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

EVALUATION PROCESS

Responsiveness and Responsibility Determination Pass/Fail and Required Items Table

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 all requirements marked as “(PASS/FAIL)” to be considered for evaluation or Award. 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.

Responsibility determination Agency will determine if an apparent successful Proposer is Responsible prior to Award and execution of the Contract. Selected Proposer(s) shall submit a Signed Responsibility Inquiry form (Attachment E) following receipt of Notice of Intent to Award as required in RFP Section 5.3.4.

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

Scoring Deductions

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.

Proposal scoring will be based on the criteria stated in the subsections below. The Proposer must describe how Proposer meets the Requirements that are specified in this RFP as related to the scoring criteria below. Be clear and concise.

Evaluation Item 1 – Business Information (5 pages max.) Max Points: 40 E1a. Describe Proposer’s business organization, including number of years in business and number of employees available to perform the services.

E1b. Describe Proposer’s training process for new employees and specifically in the areas of permit issuance, conflict resolution, and accountability.

E1c. Describe the security protocols Proposer employs to protect customer information, both in paper form and electronically.

Evaluation Item 2 – Experience with Permit Issuance (5 pages max.) Max Points: 100 E2a. Describe Proposer’s experience and number of years issuing permits to motor carriers. If Proposer has experience working with ODOT, Oregon County(ies), Oregon City(ies), or any combination thereof, in the issuance of motor carrier permits, that experience must be included.

E2b. If proposer does not have specific permit issuing experience, describe Proposer’s experience involving size and weight laws in Oregon.

Evaluation Item 3 – Customer Service (5 pages max.) Max Points: 65 E3a. Describe Proposer's customer service philosophy and approach. Include a short summary of tracked key performance measures (“KPM”s) for 2024 and 2025.

E3b. Describe Proposer’s customer response measures including:

· Turnaround time for fulfilling customer requests.

· Turnaround time for answering customer questions.

· Phone line and counter staffing days and hours of availability.

E3b. Describe Proposer’s customer complaint resolution process including:

· Standard timeframes for responding to customer complaints.

· Steps taken to ensure customer satisfaction.

· Plan for escalated complaints that should be referred back to Agency.

E3c. Describe Proposer’s process for issuing customer refunds due to transactional errors on Proposer’s part including:

· Policy on issuing refunds to customers for at-fault transactional errors.

· Method for evaluating if a customer qualifies for a refund.

· Timeline for issuing qualifying refunds.

Evaluation Item 4 – Key Persons and Resumes Max Points: 30 E4a. Provide a list of names of Proposer’s Key Persons for this Contract, including the proposed permit staff.

E4b. Provide Resumes for Proposer’s Key Persons listed in Proposer’s answer for E4a. Resumes will be used to inform how well the experience of Proposer’s personnel aligns with the Scope of Services described in this RFP.

Evaluation Item 5 – Clarity of Proposal and Conformity with Requirements Proposers do not need to provide a Written response to this criterion. Max Points: 15 The Proposal must be organized in accordance with the list in Section 3.2.1 – Proposal Submissions. Proposals will be scored by evaluators on the following factors: Proposal format; ease of finding clear, concise responses that correlate with the order of evaluation criteria in this RFP; and Proposers ability to follow instructions with all requirements.

PRICE EVALUATION [RESERVED]

PREFERENCES

Oregon Supplies and Services [RESERVED] Reciprocal Preference [RESERVED] Recycled Materials [RESERVED] Tiebreakers If Agency receives Proposals identical in price, fitness, availability and quality and chooses to Award a Contract, Agency shall Award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

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 closing date for this RFP. Agency may request, either orally or in Writing, that Proposer extend the Offer period in Writing.

False or Misleading Statements Any statements, Written or verbal, provided by the Proposer deemed by the Agency to be false or misleading will result in all or portions of the Proposal including demonstrations to be rejected and removed from consideration in the evaluation for project Award.

POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

The maximum points possible for each evaluation item are listed in the Evaluation Item Maximum Points Table below.

The Purchaser will average all scores for each evaluation criterion in a given round of competition (calculated by totaling the points awarded by each evaluation committee member and dividing by the number of members). Scores resulting in fractions will be rounded to the nearest whole number.

Applicable preferences in Section 4.10.4 are applied to the price score as appropriate to determine the final price score.

Evaluation Item Maximum Points Table

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).

After any applicable preference has been applied, the Purchaser will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

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

NEXT STEP DETERMINATION

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

· Interviews

· Presentations/Demonstrations/Additional Submittal Items

· Discussions and submittal of revised Proposals

· Serial or simultaneous negotiations

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

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. Agency, in its sole discretion, may increase or decrease the number of Proposers selected for the Competitive Range if there is a natural break in the scores. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

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

· Be emailed to the Purchaser;

· Reference the RFP number;

· Identify Proposer’s name and contact information;

· Be sent by an authorized representative;

· State the reason for the protest; and

· Be received within 7 Calendar Days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

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

ADDITIONAL ROUNDS (OPTIONAL AT AGENCY’S DISCRETION)

Interviews/Follow-up Questions If Agency determines interviews or follow-up questions are necessary, Proposers in the Competitive Range will be invited to participate, and the following will apply:

· A minimum of 3 evaluators will score the interviews/follow-up questions. Evaluators may not be the same evaluators which scored Written Proposals.

· The interviews/follow-up questions will have a maximum score of 50 points.

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

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

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

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

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

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

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.

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

INTENT TO AWARD PROTEST

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.

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.

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

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

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

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

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.

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.

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

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

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

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

Price Information [RESERVED] Other Required Information [RESERVED]

CONTRACT NEGOTIATION

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 review the attached Sample Contract and note exceptions. Proposer must submit those exceptions to Agency during the RFP Protest period set forth in Section 1.2.