RFP/Bid Solicitation S-73000-00016738 – Handheld Retroreflectometers

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STATE OF OREGON

Oregon Department of Transportation

REQUEST FOR PROPOSAL (“RFP”)

RFP TITLE: HANDHELD RETROREFLECTOMETERS

RFP/Bid Solicitation Number: S-73000-00016738

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

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

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

Notes:

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

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

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

DAS Version 4.5 –ODOT Form S011-G050823 Page 2 of 19 business days prior to the Proposal Submission Deadline (see “Bid Opening Date” and time in OregonBuys).

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

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE4

1.3 OREGONBUYS

1.4 RFP ATTACHMENTS

1.5 PURCHASER/SINGLE POINT OF CONTACT

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS .................................................. Error! Bookmark not defined.

3.3 PROPOSAL REQUIREMENTS ....................................................................... Error! Bookmark not defined.

SECTION 4: SOLICITATION

PROCESS Error! Bookmark not defined.

4.1 PUBLIC NOTICE ............................................................................................ Error! Bookmark not defined.

4.2 PREPROPOSAL CONFERENCE ...................................................................... Error! Bookmark not defined.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS........................................... Error! Bookmark not defined.

4.4 RESERVED

4.5 PROPOSAL SUBMITTAL VIA OREGONBUYS ................................................. Error! Bookmark not defined.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL ........................................... Error! Bookmark not defined.

4.7 PROPOSAL DUE ........................................................................................... Error! Bookmark not defined.

4.8 PUBLIC OPENING......................................................................................... Error! Bookmark not defined.

4.9 PROPOSAL REJECTION................................................................................. Error! Bookmark not defined.

4.10 EVALUATION PROCESS ................................................................................ Error! Bookmark not defined.

4.11 POINT AND SCORE CALCULATIONS ............................................................. Error! Bookmark not defined.

4.12 RANKING OF PROPOSERS............................................................................ Error! Bookmark not defined.

4.13 NEXT STEP DETERMINATION....................................................................... Error! Bookmark not defined.

SECTION 5: AWARD AND

NEGOTIATION Error! Bookmark not defined.

5.1 AWARD NOTIFICATION PROCESS

5.2 RESERVED 16

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 RESERVED 17

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

RFP ATTACHMENTS:

Attachment A – Sample Contract

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Attachment B – Disclosure Exemption Certification Attachment C – Proposer Information and Certification Sheet Attachment D – RESERVED (not used) Attachment E – Price Proposal Attachment F – RESERVED (not used) Attachment G – RESERVED (not used) Attachment H – Mandatory Requirements Form

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal under the provisions of ORS 279B.070 (Intermediate Procurement), for new handheld Retroreflectometers.

Additional details on the Scope of the Goods or Services or both are included in the Scope of Work/Specifications section.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be 1 years or when all Contractor obligations under the Contract are completed in conformance with all applicable requirement, whichever is sooner.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Schedule

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

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

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

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

Opening of Proposals See RFP section 4.8

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

1.3 OREGONBUYS

1.3.1 Registration Requirement; OregonBuys User Guides.

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

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

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

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

1.3.2 Crosswalk of Terms used In OregonBuys

Terms used in OregonBuys Definition

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

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

Bid Solicitation

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

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

Master Blanket Purchase Order (“MBPO”)

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

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

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

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

Purchase Order, Work Order Contract, etc.

Vendor Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter https://oregonbuys.gov/bso https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

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Terms used in OregonBuys Definition

Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

1.4 RFP ATTACHMENTS

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

• Details entered in the Header Information section;

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

Attachments and Form Attachments subsections; and

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

1.5 PURCHASER/SINGLE POINT OF CONTACT

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.070 and OAR 137- 047-0270 (Intermediate Procurement).

2.2 DEFINITION OF TERMS

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

This Request for Proposal (RFP) is intended to establish one Contract for the purchase of seven new handheld Retroreflectometers for use by ODOT inspection staff to conduct inspections of pavement markings including visibility, safety and compliance to standards.

2.4 SCOPE OF WORK/SPECIFICATIONS

Purchase of seven (7) new handheld pavement marking retroreflectometers

Product and Accessories Specifications:

https://oregonbuys.gov/

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• Product Dimensions o Height: No more than 11 inches +/- 5% o Length: No more than 18 inches +/- 5% o Width: No more than 5.9 +/- 5% o Weight: No more than 13 pounds +/-5%

• Display o At least 5-inch bright color, touch screen display

• Camera o Capable of taking close photos to assess bead embedment.

o 5-megapixel resolution or greater

• Battery o Rechargeable and replaceable

• Data o Memory: 8 GB or greater o Data Transfer: USB, Wi-Fi o Infrared temperature o Compass display o Pavement marking identifier icons o Nighttime color

• Environmental Ability o Operating Temperature: less than or equal to 32 and greater than or equal to 140 degrees Fahrenheit o Humidity: less than or equal to 20% and greater than or equal to 85%

• GPS

o GNSS capable o WGS 84 capable

• Standards

Retroreflectometer is required to meet all compliance standards below:

o EN 1436

DAS Version 4.5 –ODOT Form S011-G050823 Page 8 of 19 o ASTM E1710 o ASTM E2177 o ASTM E2302 o ASTM E2367

a. ASTM 2832

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

See Section 3.4.4 for PASS/FAIL Requirements Proposal must demonstrate how Proposer meets all of the following business requirements:

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Page Limit

• Price information must be submitted via OregonBuys (see RFP section 3.4.3 for detailed format and submittal requirements).

• All other required submittal items must be submitted via OregonBuys in Adobe Acrobat (pdf) or Microsoft Word (docx) format.

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a completed and signed Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.2 Technical Proposal Page Limit

The Technical Proposal is limited to 30 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Certification (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal (Attachment E)

• Mandatory Requirements Form (Attachment H)

3.2.3 Electronic Submittal Provisions Proposers shall make reasonable efforts to minimize the file size of attachments so the total for all submittal files does not exceed 6 megabytes* (for tips on reducing file size, see information at the following link:* How to reduce PDF file size; How to reduce the size of Word documents that contain images).

https://blog.gonitro.com/2013/04/5-tricks-to-reduce-pdf-file-size/ https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/ https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/

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

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

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

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

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFP, including all attachments and any Addenda, is published in the OregonBuys eProcurement system at 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.

3.3.2 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 be sent by authorized representative of Proposer and 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 in OregonBuys by the due date and time for Questions/Requests for Clarification identified in the Schedule, RFP section 1.2.

3.3.3 Proposal Submittal via OregonBuys

Proposer is solely responsible for ensuring its Proposal and all required submittal items are submitted through OregonBuys in accordance with the RFP requirements before the Bid Opening Date. Proposals submitted by any other means will be rejected. Agency is not responsible for any delays by transmission errors or delays, or for any misdelivery for any reason.

Additional information may be found in the OregonBuys Terms of Use.

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3.3.4 Modification or Withdrawal of Proposals

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

3.3.5 Proposal Due

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

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

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

• Proposer has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• 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 inappropriate contact with the Purchaser.

• Proposer attempts to inappropriately 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.

3.3.7 Opening of Proposal

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. However, Agency will record and make available the identity of all Proposers after Opening.

3.4 PROPOSAL CONTENT REQUIREMENTS

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

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

3.4.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), with the following:

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• “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.

• Appropriate box marked for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, complete and submit COI Disclosure Form(s) linked on Attachment C to make the disclosures.

3.4.2 Reserved

3.4.3 Price Proposal

Submit a detailed Price Proposal (Attachment E) as a separate file uploaded via the Attachments tab for this RFP in OregonBuys. The detailed Price Proposal must include the following items:

The total weighted rate calculated on Attachment E will be used for “Price Proposal” scoring purposes only. Agency reserves the right to negotiate the final price and billing rates under this Contract with the successful Proposer.

3.4.4 PASS/FAIL Requirements

Bidder to submit Exhibit H- Mandatory Requirements Form

3.4.5 Technical Proposal

Submit a Technical Proposal (up to the page limit set forth in section 3.2.2) which must:

• Demonstrate that Proposer meets any minimum qualifications specified in RFP section 3.1.

• Include responses to address each of the evaluation criteria listed in section

3.5.2. Responses must describe how Proposer meets the requirements specified in this RFP as related to the evaluation criteria. Responses must be clear and concise and should be labeled to indicate the item being addressed.

3.4.6 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that price information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

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3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Proposals received prior to Bid Opening Date and time for this RFP will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. If the Proposal is unclear, the Purchaser may request clarification from a Proposer. However, clarifications may only clarify or explain portions of the already submitted Proposal and 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.

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

3.5.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. 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 Proposals. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

1. General Qualifications 20 Points

2. Product and Accessories – Mandatory Features 79 Points

3. Product and Accessories – Desired Features…………… 25 Points

4. Trade in Discount……………………………………………………………… ..20 Points

5. Other Features………………………………………………………………… ….10 Points

6. Warranty………………………………………………………………………………10 Points

7. Cost 50 Points

Total 214 Points

3.5.2.1 Evaluation Item 1 General Qualifications

General Qualifications (20 Points Possible):

Proposers shall provide information that demonstrates the Proposer's qualifications, experience, and available resources to meet the requirements of this RFP.

Proposer shall provide as part of its Proposal a list of the other public agencies Proposer has supplied materials to within the last three years which are most comparable to the materials in this intended Price Agreement. Explain the type of products and approximate quantities provided. Include whether materials were provided as part of a price agreement contract, or similar, and any other information which would assist the Evaluation Committee in evaluating Proposer’s ability to perform under the Price Agreement.

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Proposer shall describe how Agency can access product and services documentation (i.e. administrator and user manuals, guides and other written materials to assist in the use of Proposer’s products and services), how Agency can obtain help desk or troubleshooting assistance for how to maintain all components supplied, the online support services available, and return process for repairs. Include whether the assistance can be provided via teleconference or videoconference and whether such assistance is available during standard business days (Monday through Friday) and standard operating hours (8:00am to 4:00pm Pacific Time).

3.5.2.2 Evaluation Item 2: Product and Accessories – Mandatory Features (79 Points Possible)

Describe the ease of use and other equipment features, including camera features, battery type and features, data storage and transfer, GPS capabilities, adherence to standards, operational limits for temperature and humidity, data management attributes, and any other options that are included with your product.

Camera Features (20 Points Possible)Describe the camera features, resolution, macro magnification and the ability to take photos to assess bead embedment.

Camera Resolution (5 points possible):

Resolution: Greater than or equal to 5 megapixels 5 points

Resolution: Less than or equal to 4.9 Megapixels 3 points

Battery (10 Points Possible) Describe the battery type and features. How are the batteries recharged, size and weight, ability to change in the field, usable operational time on a single charge, hours of operation, and number of charge cycles or years of service. Also describe andy temperature limitations.

Data (10 Points Possible) Describe the memory capacity and the data transfer process using USB and WiFi

Memory: 8 GB or greater Data Transfer: USB, Wi-Fi

GPS (10 Points Possible) GNSS capable WGS 84 capable

Standards (10 Points Possible) Demonstrate compliance standards below:

EN 1436

ASTM E1710

ASTM E2177

ASTM E2302

ASTM E2367

ASTM E2832

Environment Operation Limits (10 Points Possible) Environmental Ability

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Operating Temperature: 32 to 140 degrees Fahrenheit 3 Points Operating Temperature: Ranges that exceed 140 degrees Fahrenheit5 Points

Humidity: 20% to 85% 3 Points Humidity Ranges that exceed either 20% to 85% 5 Points

Data management Attributes (4 Points Possible) Infrared Temperature 1 Point Compass display 1 Point Pavement marking identifier icons 1 Point Nighttime color 1 Point

3.5.2.3 Evaluation Item 3: Product and Accessories – Desired Features (25 Points Possible)

Product Dimensions (20 Points Possible) Height: Less than 15 inches 5 points Height: Greater than 15 inchesDeduct 5 Points

Length: Less than 20 inches: 5 points Length: Greater than 20 inchesDeduct 5 points

Width: Narrower than 10 inches 5 points Width: Greater than 10 inchesDeduct 5 points

Display Size (5 points possible):

Screen size 5.1 inches or larger 5 points Screen size 5.0 inches or smaller Deduct 5 points

3.5.2.4 Evaluation Item 4: Trade in Discount (20 Points Possible)

0%-10% 1 Points 11%-20% 10 Points 21%-30% 20 Points

3.5.2.5 Evaluation Item 5: Other features (10 Points Possible)

1 point per unmentioned feature that is not included in the above-mentioned desired features list and is not included in the functionality of the above-mentioned desired features will be awarded. Proposer is not required to possess or list additional features.

3.5.2.6 Evaluation Item 6: Warranty (10 points possible)

It is desirable for the selected Contractor to have a longer warranty period, at no additional cost to the agency, than the minimum mandatory of one year for the supply and service of failed parts. Points are available for each year equipment supplied to Agency is warranted by Contractor. Agency staff will perform the removal and replacement of failed parts. Available points by warranty period are:

• 1-year warranty minimum mandatory

• 2-year warranty 1 points

• 3-year warranty 4 points

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• 4-year warranty 7 points

• 5-year warranty 10 points

3.5.2.7 EVALUATION ITEM 7: PRICE EVALUATION (50 Points Possible)

Following scoring and ranking of Proposals based on the qualifications-based criteria, the Price Proposals (Attachment E) from Proposers in the Competitive Range will be opened and scored by Purchaser as follows:

• Proposer with the lowest Price Proposal will receive 50 points.

• Proposer with the second lowest Price Proposal will receive 40 points.

• Proposer with the third lowest Price Proposal will receive 30 points.

• Proposer with the forth lowest Pice Proposal will receive 20 points

• Proposer with the third lowest Price Proposal will receive 10 points

• All other Proposers will receive 0 points.

3.6 NEXT STEP DETERMINATION

Agency MAY conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• 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.

3.7 PREFERENCES

3.7.1 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

3.7.2 Tiebreakers

Oregon Supplies: 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 137-046-0300.

3.8 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

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

The Purchaser will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Purchaser as stated in section 3.6 - Price Evaluation. Applicable preferences in section 3.8 are applied to the price score as appropriate to determine the final price score.

3.9 RANKING OF PROPOSERS

The Purchaser will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with final price score and references if applicable. After ensuring each applicable preference has been applied, Purchaser will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

3.10 AWARD NOTIFICATION PROCESS

3.10.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP. Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. Agency may select the next ranked Responsive and Responsible Proposer, and issue an Intent to Award notice. 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.

3.10.2 Intent to Award Notice

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

3.11 RESERVED

3.12 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:

3.12.1 Insurance

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

3.12.2 W-9 Form

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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.

3.12.3 Business Registry

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

3.12.4 Responsibility Inquiry

The apparent successful Bidder shall provide a completed, accurate and signed Responsibility Inquiry form. The Responsibility Inquiry form is available at:

http://www.oregon.gov/ODOT/Business/Procurement/DocsPSK/ResponsibilityInquiry.docx.

3.12.5 Nondiscrimination in Employment

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

3.13 RESERVED

SECTION 4: ADDITIONAL INFORMATION

4.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

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

4.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories:

disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, see the Certified https://www.irs.gov/pub/irs-pdf/fw9.pdf http://sos.oregon.gov/business/pages/register.aspx http://www.oregon.gov/ODOT/Business/Procurement/DocsPSK/ResponsibilityInquiry.docx https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

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Vendor Directory available on the COBID website.

4.3 GOVERNING LAWS AND REGULATIONS

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

4.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

4.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

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

4.6 COST OF SUBMITTING A PROPOSAL

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

4.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://www.oregon.gov/das/Pages/index.aspx

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4.8 RECYCLABLE PRODUCTS

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