17802_intRFPodot.docx

State of Oregon department of transportation

Intermediate Request for Proposal (“RFP”) Issued by: Oregon Department of Transportation (“ODOT”) RFP TITLE: ODOT DIRECTOR eXECUTIVE RECRUITMENT SERVICES RFP/Bid Solicitation Number: 73000-00017802 Notes:

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

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

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.

A pre-Proposal conference will not be held.

Non-Discrimination: The Oregon Department of Transportation (“Agency” or “ODOT”), 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.

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

Commitment to Fair Access: Agency is committed to taking steps towards promoting fair and accessible procurement processes for all small and resource-limited businesses by reducing obstacles and negative impacts. We encourage all interested businesses to participate in this contracting opportunity.

RFP/Bid Solicitation 73000-00017802 – ODOT Director Executive Recruitment Services

DAS Ver 4; ODOT 09/27/24 Page 6 of 21

Table of Contents

GENERAL INFORMATION

INTRODUCTION / SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposals for recruiting and hiring an ODOT Director, which is an executive-level position (“Position”), including but not limited to the following:

· Advertising/Marketing (i.e., email, phone, social media)

· Executive Search

· Target qualified candidates

· Re-engagement services The services and associated deliverables are further described in Exhibit A, “Statement of Work” (SOW) of the sample contract (Attachment A).

Quantity of Contracts Awarded: It is anticipated that approximately 1 Proposer will be selected for Contract award from this RFP. Agency, in its sole discretion, may select more or fewer based on the Proposals submitted and the results of the evaluation.

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, orally or in writing, that Proposer extend, in writing, the offer period.

Contract Duration: The Contract is anticipated to be effective by September 2026 and is expected to last approximately 1year with the option to renew.

Contract Not-to-Exceed (NTE) Amount: The anticipated initial value of the Contract awarded from this RFP is estimated to be in the range of $70,000 to $100,000. Contingent upon Agency’s need, Contractor’s performance, and the availability of approved funding, Agency may amend this Contract (within the scope of the project described in this RFP) for additional tasks, project phases and compensation as necessary to complete the project. Proposers are advised that the award and potential dollar amount of the Contract under this RFP are contingent upon approval of funding from the Oregon Legislature for Agency’s use under this RFP as determined by Agency in its sole discretion.

Contract Payment: Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with Contract requirements and all applicable standards. The method of compensation will be determined by Agency and may be based on any of the following methods (may include more than 1 method – “Mixed”):

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

· Time and Materials, up to a maximum NTE amount;

· Price per Unit.

For further information see RFP Attachment A – Sample Contract, Exhibit F “Compensation.”

SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

1.1 OREGONBUYS

1.1.1 Registration Requirement. 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.

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

1.1.2 Crosswalk of Terms used in OregonBuys

1.2 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.

ATTACHMENT A - SAMPLE CONTRACT

The Sample Contract includes terms, conditions and the following Exhibits:

· Exhibit A – Statement of Work

· Exhibit B – Insurance

· Exhibit C – Special Terms & Conditions

· Exhibit D – Reserved

· Exhibit E – Independent Contractor Certification

· Exhibit F – Compensation

· Exhibit G – Performance Evaluation

· Exhibit H – Title VI, Non-Discrimination Provisions

ATTACHMENT B - DISCLOSURE EXEMPTION CERTIFICATION

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D - PRICE PROPOSAL FORM

1.3 PURCHASER/SINGLE POINT OF CONTACT

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

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is using the Request for Proposals method, pursuant to ORS 279B.070 and OAR 125-247-0270.

DEFINITION OF TERMS

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

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

“Contractor” and “Consultant” may be used interchangeably in this document and have the same meaning.

“Days”

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

b) “days” means calendar days; and

c) “business days” means calendar days, excluding Saturdays, Sundays and all State recognized holidays.

“OAR” means Oregon Administrative Rules “ORS” means Oregon Revised Statutes “Proposers” - All firms submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Contractor” or “Consultant”.

“RFP” means Request for Proposal.

“Scope of Work” 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 the Contract.

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

“Subcontractor” and “subconsultant” may be used interchangeably in this document and have the same meaning.

SCOPE OF WORK

The services and associated deliverables are further described in Exhibit A, “Statement of Work” (SOW) of the sample contract (Attachment A).

PROCUREMENT REQUIREMENTS AND EVALUATION

MINIMUM QUALIFICATIONS - Reserved

MINIMUM SUBMISSION REQUIREMENTS

Proposal Format Proposals must be organized as follows in 3 separate PDF files to match the corresponding sections A, B, and C below in the designated order:

Section A Attachment B – Disclosure Exemption Certification (see Section 3.4.5) Attachment C – Proposer Information and Certification Sheet (see Section 3.4.1) Conflict of Interest (COI) Disclosure Form (if required) (see Section 3.4.1) Section B Proposal Responses (See Sections 3.5.2.1, 3.5.2.2, 3.5.2.3, 3.5.2.4 and 3.5.2.5) Section C Attachment D – Price Proposal (See Sections 3.4.3 and 3.5.2.5) 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.

COI disclosures, if any, must be submitted as listed above. See Attachment C – Proposer Information and Certification Sheet. The ODOT COI Guidelines and COI Disclosure Form are available on the Consultant Forms and Resources page https://www.oregon.gov/odot/Business/Procurement/DocsPSK/COIForm.docx

1.3.1 Technical Proposal Page Limit

The Technical Proposal is limited to 5 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 D) One Page is defined as: one side of a single 8-1/2" x 11" page, with 12-point minimum font size for the substantive text (including text in tables). Any page over this size will be counted as 2 pages. Any page, or partial page, tabs, indexes or table of contents with substantive text, tables, graphics, charts, resumes, etc., will be counted as 1 page.

If a Proposer submits a Proposal exceeding a set page limit, Agency will consider the pages up to the allowable page limit and discard all subsequent pages subject to that limit.

Any links to external information included in the Proposal and any Proposal attachments will not be considered or evaluated, unless specified in this Mini-RFP. The Proposer may choose how to allocate the number of pages between any sections, within the overall page limit(s).

1.3.2 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). 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 125-247-0330(6), 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.

PROCUREMENT PROCESS

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

Addenda 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.

Answers to questions or requests for clarifications or changes that Agency receives and that Agency, in its sole discretion, determines are substantive and provide new information, will be issued as official Addenda to this RFP.

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.

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 125-247-0440 and OAR 137-047-0440.

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

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

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.

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.

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.

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

· “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 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.

References - Reserved Price Proposal Proposer must provide pricing information on Attachment D Price Proposal. All pricing information pages are excluded from the Proposal page limit (see evaluation criteria 3.2.5.6).

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.

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.

EVALUATION PROCESS

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 125-247-0470.

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

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.

Evaluation Item 1 – Recruitment methodology

MAX POINTS: 50

Proposer must provide a detailed description of the recruitment methodology from project initiation through candidate recommendation. Include a detailed description of processes, tools, and resources you use to conduct a needs assessment, research the Agency and the executive labor market, develop recruitment strategy, recruit active and passive candidates, and evaluate candidate qualifications. Describe your approach to developing a diverse, highly qualified candidate pool, including outreach strategies, methods used to mitigate bias throughout the recruitment process, and how recruitment efforts and outcomes will be measured and reported.

Evaluation Item 2 – Specific experience recruiting executive transportation leaders

MAX POINTS: 50

Provide a detailed description of your firm’s experience conducting national executive searches for senior transportation leadership positions. Include examples of comparable searches, your experience recruiting passive candidates, knowledge of the national transportation executive market, and the outcomes of similar engagements and the placement success rate.

Evaluation Item 3 – Consultant qualifications

MAX POINTS: 40

Describe the qualifications and experience of the consultant(s) proposed to perform the work. Include the project manager and all key personnel who will be assigned to the engagement, their roles and responsibilities, and the percentage of time each will dedicate to the project. Describe each individual’s experience conducting executive-level recruitment services, including experience recruiting director-level or executive transportation leadership positions for public sector or similarly complex organizations. Identify any subcontractors and describe their qualifications and responsibilities.

Evaluation Item 4 – Management plan

MAX POINTS: 40

Describe the approach to managing this engagement from contract execution through successful placement of the selected candidate. Include your project management approach, communication plan, project schedule with key milestones and anticipated timeframes for each phase of the recruitment, processes for monitoring progress, managing risks and ensuring quality throughout the engagement. Describe how you will keep the State of Oregon informed of progress and ensure continuity of services if key personnel become unavailable. Additionally, describe any guarantees or replacement policy if the selected candidate voluntarily or involuntarily leaves the position, or is determined to be unsuccessful placement, within a specified period following hire. Include the duration of the guarantee, the services that will be provided (e.g., replacement search), any associated costs, and all applicable terms, conditions, exclusions, and limitations.

Evaluation Item 5 – Price proposal

MAX POINTS: 20

Provide a detailed Price Proposal for the requested services in Attachment D to this RFP.

The maximum 20 points will be awarded to the responsive Proposer who makes the lowest responsible bid.

Other responsive Proposers will receive a proportion of the maximum points, determined by the ratio of the lowest proposed price to the Proposer’s price, rounded to the nearest whole number.

EXAMPLE: Proposer A proposed a $500 price. Proposer B proposes a $600 price.

Evaluation Item 6 – Clarity of Proposal and conformity with requirements

MAX POINTS: 10

Proposers do not need to provide a written response to this criterion.

The Proposal must be organized in accordance with the instructions in RFP section 3.2.1. Proposals will be scored by evaluators on 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.

· Proposal format;

· ease of finding clear, concise responses that correlate with the order of evaluation criteria in this RFP; and

· Proposer’s ability to follow instructions.

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.

Additional rounds of competition may be evaluated by individuals that evaluated the written Proposals or by individuals which did not evaluate the written Proposals, at Agency’s discretion.

COMPETITIVE RANGE

Agency may establish a Competitive Range consisting of the 3 highest scoring responsive, responsible Proposers based on scores received from evaluation of criteria in RFP section 3.5.2. Agency may increase the number of Proposers in the Competitive Range if Agency's evaluation of Proposals establishes a natural break in the scores of Proposers indicating a number of Proposers greater than the initial Competitive Range are closely competitive, or have a reasonable chance of being determined the most advantageous Proposer. Agency may decrease the number of Proposers in the initial Competitive Range only if the excluded Proposers have no reasonable chance to be the most advantageous Proposer.

If a Competitive Range is established, Agency will provide written notice to all Proposers identifying Proposers in the Competitive Range and describing the next step in the solicitation process.

INTERVIEWS (Optional) Interviews may be conducted and scored at the discretion of Agency. If interviews are conducted, the following will apply:

· A minimum of 3 evaluators shall score the interview question responses;

· The interviews will have a maximum score of 20 points.

· Only Proposers determined to be in the Competitive Range (see RFP section 3.6.1, Competitive Range) will be included in interview process.

· At Agency’s discretion, written interview questions may be sent via email to Proposer(s) in the Competitive Range (with responses returned via email) as an alternative to oral interviews; however, Agency may conduct oral interviews if determined necessary.

· If conducted, oral interviews normally require physical attendance at Agency’s offices; however, Agency may elect to conduct oral interviews via teleconference or video conference. Further details will be included with notification of time and date of interviews, if conducted.

PREFERENCES

Oregon Small Business Enterprise Agency prefers Oregon Small Business Enterprises (OSBEs), as described in OAR 125-246-0230. For evaluation purposes, Agency will apply an OSBE preference by increasing the score or point total of any Offer submitted by an OSBE by 5%.

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.

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 125-246-0300 and 137-046-0300.

POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

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

The Purchaser will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Purchaser following evaluation criteria.

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 the final price score. 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.

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

Award Consideration Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined 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.

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

SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Insurance Prior to execution of the Contract, the apparent successful Proposer shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated.

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

Taxpayer Identification Number The apparent successful Proposer shall provide its Taxpayer Identification Number (“TIN”) and backup withholding status on a completed W-9 form if either of the following applies:

When requested by Agency (normally in an intent to award notice), or When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

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. The selected Proposer shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

Responsibility Inquiry Form Selected Proposer(s) shall submit a completed, accurate and signed Responsibility Inquiry form within 5 business days of receipt of Intent to Award notice (see form for additional information regarding Agency’s responsibility review). The Responsibility Inquiry form is available at: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Miscellaneous Procurement Forms) and may be submitted as hard copy or electronically via e-mail.

Cost Information Billing rate and cost data for any Proposer selected for Contract negotiation and that of the Proposer’s subcontractors (if any) in a format approved by the Agency Project Manager, no later than 5 business days after Agency notifies Proposer of selection. Billing rates and cost data may not be discriminatory against Agency. It is discriminatory against Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances.

The Breakdown of Costs (using the fully loaded billing rates submitted for scoring) must include all labor, profit and expenses to complete each task and deliverable of the Services as follows:

the proposed staff assignments (job classifications and names) and hours per task and sub-task; hours per task and sub-task for each subcontractor, if any, with job classifications and names;

an itemization of any necessary equipment expenses, travel and other direct non-labor expenses for prime (and for each subcontractor, if any).

Contingency Tasks. These are tasks that may or may not be required based on circumstances that are determined after the work has begun. If Contingency Tasks are included for the project, amounts for Contingency Tasks must be shown on the price proposal as a separate line-item for each task. The amount for a Contingency Task must include the total price for the task, including expenses. Direct non-labor expenses for Contingency Tasks must not be included in an overall amount for direct non-labor expenses applied to the budget for the non-contingency tasks.

Submit a schedule of fully loaded billing rates (inclusive of salary, overhead, facilities capital cost of money (FCCM) if applicable, and profit) for the staff proposed to work under this Contract, including any subcontractors. Also list unit pricing for any goods, equipment, or other expenses (do not include travel rates – these are listed in Exhibit F of the Sample Contract).

CONTRACT NEGOTIATION

Negotiation After selection of a successful Proposer, Agency may negotiate the Statement of Work within the scope of work advertise in this solicitation.

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 reserved for negotiation. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Proposal, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). Agency will consider the Scope of requested exceptions in the evaluation of Proposals.

Any Proposal that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes may be subject to prior approval of the Oregon Department of Justice.

In compliance with Oregon State laws, the following items may not be negotiated between Agency and the apparent successful Proposer:

Choice of law Choice of venue Constitutional requirements All applicable Federal and State requirements Indemnification In the event that the parties have not reached mutually agreeable terms, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

ADDITIONAL INFORMATION

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 from the jurisdiction of any court.

OWNERSHIP/PERMISSION TO USE MATERIALS

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 an Agreement, 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.

CANCELLATION OF RFP; REJECTION OF PROPOSALS; 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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting 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, or costs associated with protests.

STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025) image1.emf oleObject1.bin