34635 WIM Equipment_RFP.docx

State of Oregon

Oregon Department of Transportation

RFP TITLE: WEIGH-IN-MOTION EQUIPMENT

Request for Proposal (RFP) Number: 34635 Date of Issue: April 16, 2021 Closing Date and Time: May 17, 2021 2:00 PM

NOTE TO PROPOSERS:

ODOT is one of the state agencies that provides critical public services to Oregonians. Our leaders have been asked to balance the need to serve the public with the need to slow the spread of COVID-19 and protect the health and safety of our employees and the public. As such, the ODOT Procurement Office is transitioning to electronic submission of bids and proposals during this time. These measures are also being taken pursuant to the Oregon Governor’s Executive Order 20-12. Thank you for your support and flexibility as we work together to keep each other safe and fulfill our mission.

For this RFP, Proposals will only be accepted by email, unless other arrangements (for instance delivering a USB drive through mail or hand delivery) are made directly with the SPC. Please see section 3.1.2 Proposal Format for important instructions including file size limitations. Regardless of the format, all Proposals must be received by the Closing Date and Time stated above, or as amended through Addenda posted on ORPIN.

RFP 34635– Weigh-In-Motion Equipment 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.

DAS Version 4.0 –ODOT Form S011-G060718 Page 1 of 23 Table of Contents

LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE PRICE AGREEMENT

ATTACHMENT B - DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D - RESERVED

ATTACHMENT E - PRICE PROPOSAL FORM

ATTACHMENT F - RESERVED

ATTACHMENT G – REQUEST FOR TAX IDENTIFICATION NUMBER FORM

ATTACHMENT H – MANDATORY TECHNICAL SPECIFICATIONS

ATTACHMENT I - DESIRED TECHNICAL SPECIFICATIONS

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“ODOT” or “Agency”), is issuing this Request for Proposals for Weigh-In-Motion (WIM) materials and on-site commissioning and calibration services statewide. ODOT anticipates the award of 1 Price Agreement (“PA”) from this RFP. The term of the PA is expected to be 10 years.

The existing Weigh-In-Motion (WIM) facilities include, but are not limited to, the following sites, and several of these locations have multiple WIM facilities:

· Cascade Locks

· Wyeth

· Rocky Point

· Woodburn

· Junction City

· Ashland

· Booth Ranch

· Bend

· Juniper Butte

· Klamath Falls

· Modoc Point

· Emigrant Hill

· Farewell Bend

· La Grande

· Olds Ferry

· Umatilla

· Cold Springs

As a part of the Price Agreement resulting from this RFP, ODOT may issue Purchase Order Contracts with the successful Proposer to provide programming services for the integration with ODOT’s central data collection system and development of additional Firmware for the WIM systems. ODOT may also be interested in other transportation related firmware that Proposers can offer that can be installed on the WIM systems. Additional information on Programming Services that may be requested is listed in Exhibit H of the Sample Price Agreement.

Supplementary details on the Scope of the Goods and Services are included in the Scope of Work/Specifications section.

Any purchases under the PA must be authorized by purchase orders issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific amount of purchases under an awarded PA. Notwithstanding the award of a PA, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services or both similar to those described within this RFP using any method allowed by law.

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.

SINGLE POINT OF CONTACT (“SPC”)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

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 125-246-0110 or as defined below.

PROJECT OVERVIEW, BACKGROUND, AND PURPOSE

ODOT is responsible for overseeing the operation of Oregon’s transportation systems including highways, roads, bridges, railways, and other similar facilities. Within ODOT are various divisions and units that are responsible for different business functions related to ODOT’s management of Oregon’s transportation system. For this RFP, ODOT’s System Operations and Intelligent Transportation Systems Section (“ITS”) and the Commerce and Compliance Division (“CCD”) are the primary stakeholders.

ITS is a section in the Maintenance and Operations Branch, which provides statewide leadership, project delivery, and budget management for implementation of ODOT’s Highway Operations Program. The ITS Program invests in technology and software to enable improved system operations and management. The benefits accrued from this investment primarily fit into the following three areas:

Improved Mobility and Safety projects are targeted primarily at solving problems related to traffic congestion and safety. Some examples include ramp meters, technology to support incident management, and advanced signal operations.

Improved Agency Efficiency and Effectiveness projects use advanced technology to assist in Agency operations. Many ITS systems produce data that can be gathered and processed to assist agency personnel in decision making. This category includes many system efforts to electronically share data with other agencies to provide better coordination of incident management and transportation system operations. It also includes technology to remotely operate signs and gather road condition information.

Travel Information Services provide a means for delivering critical information to motorists. Motorists can make better travel choices based on information from ODOT's web site, TripCheck, or use the site to select safer routes and avoid adverse weather and road conditions.

CCD is a division of ODOT charged with promoting a safe, efficient, and responsible commercial transportation industry by:

· Simplifying compliance.

· Preserving the infrastructure.

· Delivering superior customer service.

CCD is continually developing innovative strategies to simplify regulatory processes and improve the way we do business in our state. They ensure the safety of all users on the transportation system, from the highways to railways.

Through the permitting and enforcement procedures, they help ensure that commercial vehicles traveling across our state’s transportation system are compliant with all safety regulations. Their programs also help to ensure the integrity of our state’s infrastructure, protecting roads, bridges, and rails from unnecessary damage and wear and tear.

Green Light is a "preclearance" system that verifies truck size, weight, registration and safety records as the truck drives on the freeway. This Weigh-In-Motion system allows compliant commercial motor vehicles to bypass Oregon automated weigh stations. Bypassing a weigh station saves time and money. It is safer and good for the environment.

The development of technology in Weigh-In-Motion systems offers potential to modernize ODOT’s existing infrastructure. The maintenance and repair of existing systems requires the use of a valid Oregon Electrician license and in-depth knowledge of Weigh-In-Motion systems to maintain.

SCOPE OF WORK/SPECIFICATIONS

The Awarded Contractor will provide Weigh-In-Motion materials and on-site commissioning and calibration services statewide. See Exhibit A – Specifications in the Sample PA for the full Scope of Work.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

To be considered for evaluation, a Proposal must demonstrate how Proposer meets all requirements of this section:

Proof of warranty as outlined in the Sample Agreement.

Proof that Proposer is a primary manufacturer or distributor of the Weigh-In-Motion materials.

Proof that Proposer meets all the minimum, mandatory technical specifications as outlined in Attachment H to this RFP -.

MINIMUM SUBMISSION REQUIREMENTS

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

· Disclosure Exemption Affidavit (Attachment B) – if applicable (See 3.2.3)

· Proposer Information and Certification Sheet including Appendix 1 – References (Attachment C)

· Price Proposal Form (Attachment E)

· Request for Taxpayer Identification Form (Attachment G)

· Responses to Attachment H – Mandatory Technical Specifications

· Responses to Attachment I – Desired Technical Specifications (optional)

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

Proposal Format and Quantity Proposer shall submit one copy of each required Proposal element listed in section 3.1 (and further described in section 3.2). Each Proposal element must be in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed to not exceed *10 megabytes.

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

Submit all required documents via email. The email subject line must indicate the following:

· Name of Proposing firm, and

· RFP # and Title *Please note: Agency’s size limit for email attachments is 25MB. However, due to increased demand on Agency’s email servers, Proposer shall make reasonable efforts to not exceed the total file size set forth above (for tips on reducing file size, see information at the following link: How to reduce the size of documents that contain images). Proposer may send multiple emails in order to submit all required items. If multiple emails are used, Proposer must indicate how many emails are being sent for the RFP. Agency is not responsible for, and will not accept, mis-delivered Proposals. Proposer should consider setting email options to request an automatic delivery receipt for email submittals. Proposer may email or call the SPC to verify receipt of Proposal.

Authorized Representative Failure of an authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

Electronic Signatures. By submitting a Proposal in response to this RFP, the Proposer (and if selected for Award, also as the Contractor) agrees with the Agency that signatures showing on PDF documents submitted or exchanged via 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

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

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

Proposer Information and Certification Sheet Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), which must bear a Signature of an authorized representative of Proposer.

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

References Provide three references from current or former client firms for similar projects performed within the last 5 years. References must be able to verify the quality of previous, related work.

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

The reference scores from the three references will be averaged by the SPC for a final reference score for the proposer.

Price Proposal Submit a detailed Price Proposal (Attachment E) stating the unit and extended price for each item, and total price (inclusive of all labor, profit and expenses).

Mandatory Technical Specifications Give a detailed description of how the Proposal complies with the mandatory pass/fail requirements on Attachment H, Mandatory Technical Specifications. Responses may be in written narrative form, by reference to other documentation included in the Proposal, or a combination of the two. When referencing other documentation, Proposers are to indicate the document title, page number, and specific paragraphs where the information is contained. Proposer's response must be sufficiently clear and detailed to allow the Evaluation Committee to complete the evaluation of the Proposal. Proposers are required to respond to each Mandatory item in this section.

If responding in narrative form, refer to the numbered sections of Attachment H in the responses to ensure all items are addressed.

Desirable Technical Specifications The technical specifications desired by Agency are set forth in Attachment I, Desired Technical Specifications, and specifies features or functions that will further improve and enhance the level of quality, service, and support provided by Proposer. Responses to desirable specifications are optional; however, points will be assigned based on how well the Proposer’s response complies with each desirable specification and its value to the State, including any related costs. If a Proposer is unable to deliver a desirable specification, that Proposer’s total point score will be less than a Proposer that is able to deliver every desirable specification. Responses may be in written narrative form, or by reference to other documentation included in the Proposal, or a combination of the two. For any desirable specification offered, Proposers should also provide information, including cost if any, in the appropriate section on the Pricing Proposal.

General Qualifications Proposers shall provide information that demonstrates the Proposer's qualifications, experience and available resources meet the requirements of this RFP. Proposers shall provide as part of their Proposal a list of the contracts entered into by the Proposer within the last three years which are most comparable to this intended Price Agreement. Explain precisely the similarity between the listed contracts and this intended Price Agreement. Include a description of the contract, the customer, the equipment supplied, the duration of the contract, total cost of the contract, and any other information that will assist the Evaluation Committee in evaluating Proposer’s ability to perform the intended Price Agreement.

Proposers shall provide descriptions of the available training and documentation relating to the configuration, calibration, verification of measurement, and maintenance of all WIM systems and components provided. It is anticipated that training will be provided via video conferencing services. Accordingly, Proposers must describe video conference availability during standard business days (Monday through Friday) and standard operating hours (8:00am to 4:00pm).

SOLICITATION PROCESS

PUBLIC NOTICE

The RFP and attachments are published in the Oregon Procurement Information Network (ORPIN) at https://orpin.oregon.gov/. RFP documents will not be mailed to prospective Proposers.

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

PRE-PROPOSAL CONFERENCE

No pre-proposal conference will be held for this RFP.

QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline, method of Award, or technical aspects of the RFP must:

· Be delivered to the SPC via email

· Reference the RFP number

· Identify Proposer’s name and contact information

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

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

SOLICITATION PROTESTS

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

Protests of Addenda Prospective Proposers may submit a Written protest of anything contained in an Addendum. A protest of any Addendum must be submitted by the date/time specified in the Addendum, or it will not be considered. Protests of matters not added or modified by the Addendum will not be considered.

Protests must:

· Be delivered to the SPC via email;

· 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;

· Include 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; and

· Be received by the due date and time identified in the Schedule (for RFP protests), or in the Addendum (for Addenda protests).

PROPOSAL DELIVERY OPTIONS

A Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements on or before Closing. Agency is not responsible for any delays by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected.

Proposals must be received at the email address for the SPC indicated on page 1 on or before the Closing date and time indicated on page 1. Agency is not responsible for and will not accept mis-delivered Proposals. 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 of a Proposer to submit Electronic Submittals, 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 Submittals by providing notice of the extension immediately after the Electronic Procurement System or email system becomes available.

If a Proposer is unable to deliver a Proposal by email, the SPC will accept a Proposal saved on a USB drive and delivered through an alternative method such as mail or hand delivery. If this method of delivery is necessary, Proposers must make prior arrangements to do so with the SPC. Agency is not responsible if a Proposer does not make prior arrangements for this method of delivery sufficiently in advance of Closing and is then unable to deliver a Proposal through email.

Unless alternate arrangements are made with the SPC, Proposals must be delivered via email only.

It is solely Proposer’s responsibility to ensure its Proposal reaches the SPC by the Closing. Late Proposals will be not be accepted for evaluation and will either be returned to Proposer or destroyed.

PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section. To be effective the notice must include the RFP number and be submitted to the SPC on or prior to Closing.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to Closing in accordance with OAR 137-047-0440. To be effective the notice must include the RFP number.

PROPOSAL DUE

Proposals (including all required documents) must be received by the SPC on or before Closing. All Proposal modifications or withdrawals must be received on or prior to Closing.

A Proposal received after Closing is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

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 by posting an Intent to Award notice on ORPIN.

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, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

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 SPC or those the SPC authorizes, or inappropriate contact with the SPC.

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.

1.1 EVALUATION PROCESS

1.1.1 Responsiveness and Responsibility determination

1.1.1.1 Responsiveness determination

A Proposal received on or prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

1.1.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to Award and execution of the Price Agreement. Proposers shall be required to submit a signed Responsibility Inquiry form prior to Award.

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

1.1.2 Proposal scoring

Each Proposal meeting all Responsiveness requirements will be independently evaluated and scored 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.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposal. 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.

1.1.2.1 Evaluation Item 1 -General Qualifications Max Points: 100

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

· Proposers shall provide as part of their Proposal a list of the contracts entered into by the Proposer within the last three years which are most comparable to this intended Price Agreement. Explain precisely the similarity between the listed contracts and this intended Price Agreement. Include a description of the contract, the customer, the equipment supplied, the duration and total cost of the contract, and any other information which would assist the Evaluation Committee in evaluating your firm's ability to perform this Price Agreement.

· Proposer shall describe (i) Proposer’s availability for training, (ii) 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), and (iii) how Agency can obtain help desk or troubleshooting assistance for how to configure, calibrate, verify measurement, and maintain all components supplied, including 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).

· The reference scores from the three references will be averaged by the SPC for a final reference score for the proposer.

1.1.2.3 Evaluation Item 3 - Desired Technical Specifications Max Points: 200 The Desired Technical Specifications and point breakdowns are listed in Attachment I.

1.1.3 PRICE EVALUATION Max Points: 100

The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

price being scored

1.1.4 PREFERENCES

1.1.4.1 Oregon Supplies and Services

Agency prefers Oregon Goods and Services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

1.1.4.2 Reciprocal Preference

For evaluation purposes per OAR 137-046-0310, Agency shall add a percent increase to each out-of-state Proposer's Proposal price that is equal to the percent preference, if any, given to a Resident Proposer in the Proposer's state.

1.1.4.3 Tiebreakers

Oregon Supplies: If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Price Agreement, Agency shall award the Price Agreement in accordance with the procedures outlined in OAR 137-046-0300.

1.2 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 SPC will average all scores for each evaluation criterion.

Price points are calculated as stated in the Price Evaluation section.

1.3 RANKING OF PROPOSERS

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

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

The SPC will combine the average score for each Proposal with Proposer’s price score and averaged reference score. After any applicable preference has been applied, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if 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 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 will post a notice in ORPIN 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 SPC;

· 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.

· The interviews/follow-up questions will have a maximum score of 100 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.

Evaluation of the optional interview questions will be within the parameters of the following criteria:

· Understanding Of Requested Services

· Project Approach

· Project Team, Key Personnel And Qualifications

· Experience With Similar Projects

· Capabilities And Project Administration

· Cost Control

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the SPC 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.

SECTION 2: AWARD AND NEGOTIATION

2.1 AWARD NOTIFICATION PROCESS

2.1.1 Award Consideration

Agency, if it awards a Price Agreement, shall award a Price Agreement 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 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 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.

2.1.2 Intent to Award Notice

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

2.2 INTENT TO AWARD PROTEST

2.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Price Agreement 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 Price Agreement Negotiations and award.

2.2.1.1 Protests must:

· Be delivered to the SPC via email

· Reference the RFP number

· Identify Proposer’s name and contact information

· Be signed by an authorized representative

· Specify the grounds for the protest

· Be received within 7 calendar days of the Intent to Award notice

2.2.2 Response to Protest

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

2.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

2.3.1 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.

2.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form 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.

2.3.3 Business Registry

If selected for Award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

2.3.4 Responsibility Inquiry

Prior to award, the apparent successful Proposer shall complete and submit a Responsibility Inquiry form:

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

2.3.5 Pay Equity Certification

If selected for Award and the Price Agreement 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 www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.

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

2.3.6 Nondiscrimination in Employment

As a condition of receiving the Award of a Price Agreement under this RFP, Proposer must certify by their Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it 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 of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

2.4 PRICE AGREEMENT NEGOTIATION

2.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Price Agreement 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 Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Price Agreement and note exceptions. Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).

It may be possible to negotiate some provisions of the final Price Agreement; however, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the scope of requested exceptions in the evaluation of Proposal.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate all items, except those listed below:

· Choice of law

· Choice of venue

· Constitutional requirements

· Requirements of applicable federal and State law In the event that the parties have not reached mutually agreeable terms within 14 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 3: ADDITIONAL INFORMATION

3.1 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 service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information please visit: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

3.2 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.

3.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record 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 actually 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 Price 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 unless the Proposal is submitted late.

3.4 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 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.

3.5 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.

3.6 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 www.oregon.gov/das and use the search bar feature to locate the procedure.

3.7 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 Price Agreement. (ORS 279B.025).

3.8 RESERVED

3.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

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