35077 CAM RFQ~1.docx

State of Oregon

Oregon Department of Transportation Office of Innovative Funding Oregon Innovative Partnership Program Request for Qualifications (“RFQ”) RFQ TITLE: Road Usage Charge Commercial aCcount manager RFQ/Bid Solicitation Number: S-7300-00004198

(PCMS 35077)

Notes:

· This RFQ is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. See RFQ 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 RFQ.

Date of Issue: See “Available Date” for this RFQ in OregonBuys Closing Date and Time: See “Bid Opening Date” and time for this RFQ in OregonBuys.

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

RFQ/Bid Solicitation S-7300-00004198 (35077) – Road Usage Charge Commercial Account Manager NON-DISCRIMINATION: 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.

DAS Version 4.2 –ODOT Form S011-G061021 Page 1 of 1 Table of Contents

RFQ Road Usage Charge Commercial Account Manager Page 21 of 25

LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE PRICE AGREEMENT

ATTACHMENT B – PROGRAM REQUIREMENTS DOCUMENT

ATTACHMENT C – INTERFACE CONTROL DOCUMENT

ATTACHMENT D – SERVICE LEVEL AGREEMENT

ATTACHMENT E – PILOT MANAGEMENT EXPECTATIONS

ATTACHMENT F – VERIFICATION CROSS REFERENCE INDEX

ATTACHMENT G – ROAD USAGE CHARGE RATE TABLE

ATTACHMENT H – SAMPLE WORK ORDER CONTRACT

ATTACHMENT I – PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT J – DISCLOSURE EXEMPTION CERTIFICATION

ATTACHMENT K – RESPONSIBILITY INQUIRY

ATTACHMENT L – COBID/DBE GOALS

ATTACHMENT M – PRICE PROPOSAL

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Qualifications (“RFQ”) for travel data collection equipment (the “Goods”) and related services, account management services and customer support (the “Services”). These Goods and Services will be used to support ODOT’s Road Usage Charge (“RUC”) program, also known as OReGO, and the registered owners or lessees of the OReGO subject vehicles (“Participant”). The purpose of this RFQ is to establish replacement Price Agreements for one or more Commercial Account Manager (“CAM” or “Contractor”) because the current Price Agreements will soon expire with no option for renewal.

Additional details on the Goods and Services are included in Section 1.8 of this RFQ (Overview and Purpose), Exhibit A (Scope of Work) of RFQ Attachment A (Sample Price Agreement), and Attachment H (Sample Work Order Contract).

The purpose of this RFQ is to solicit responses for hardware and services to continue efforts to establish one or more Commercial Account Manager (“CAM”) price agreements for the RUC Program.

ODOT intends to keep this solicitation open to encourage potential Proposers to become certified to offer CAM Services to Oregonians. Various technologies may be used to collect travel data and report road usage from Participants.

***NOTE TO PROPOSERS***

Proposals must offer complete Goods and Services that are ready for operation, access and use to OReGO Participants, including all Goods and Services needed to support Participants. Prospective Proposers may collaborate with other companies for specific design, installation, or maintenance services (including Mileage Reporting Device [“MRD”] hardware or data collection by other means which is collectively referred to as Mileage Reporting Option [“MRO”]).

Proposers may also propose alternative methods and technologies for collecting mileage data and processing RUC accounts for this RFQ. Any Proposal that includes these alternative methods must offer complete Goods and Services that are ready for operation, access and use for travel data collection and account processing. ODOT will evaluate these alternative approaches and may allow Price Agreement award based on the Proposer’s abilities to meet the certification criteria through alternative approaches. Proposals including alternative methods and technologies will be evaluated, and awards will be prioritized, in accordance with Section 3.10 of this RFQ. Proposers shall clearly state in their technical proposal how their alternative methods can best meet each requirement provided in Attachment F (Verification Cross Reference Index or “VCRI”), or clearly provide alternative requirements in the comments section of Attachment F. ODOT will certify Proposers against OReGO requirements, but reserves the right to have a 3rd party complete certification in the future.

Prospective Proposers are encouraged to submit Proposals for any opportunities relative to OReGO. ODOT reserves the option to preclude a prime contractor (including any joint ventures) awarded a Price Agreement under this RFQ from prime award of other future opportunities relative to OReGO. Any Proposer awarded a Price Agreement under this RFQ may subcontract with other contractors to provide Goods, Services or both for future OReGO related opportunities. In order to manage public perception, Proposers who are awarded price agreements for CAM and the ODOT Account Manager, shall be required to provide independent, differentiated (separate system to manage CAM and ODOT account manager data) systems.

Additionally, Proposers awarded Price Agreements under this RFQ, may be made available to other states and Canadian provinces who have entered into Intergovernmental Agreements (“IGA”s) with ODOT for RUC activities. Specific requirements for each state or province will be provided in separate WOCs.

ODOT reserves the right to adjust the conditions, requirements, and standards established in the Price Agreement and subsequent WOCs based on future legislative directives and updated program objectives.

Proposers shall certify against all requirements to become eligible to provide Goods and Services for this RFQ. Additional details for each task are provided in the Sample Work Order Contract (Attachment H).

ODOT anticipates the award of multiple Price Agreements from this RFQ.

The initial term of the Price Agreement is anticipated to be 6 years after the issuance of this RFQ with options to renew up to a cumulative maximum of 10 years after the issuance of this RFQ.

ODOT may issue work order contracts (“WOC’s) pursuant to this Price Agreement up to 10 years from the effective date of the Price Agreement.

Any purchases under the Price Agreement must be authorized by WOCs issued by ODOT 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 the Price Agreement. Notwithstanding the award of a Price Agreement, ODOT may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFQ 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 RFQ.

OREGONBUYS

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.

Crosswalk of Terms used In OregonBuys

RFQ ATTACHMENTS

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

· Details entered in the Header Information section;

· All RFQ attachments, “Amendments” (if any), and any other files linked in the File Attachments and Form Attachments subsections; and

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

PURCHASER/SINGLE POINT OF CONTACT

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

AUTHORITY AND METHOD

This procurement is being conducted under the Oregon Innovative Partnerships Program (“OIPP”) pursuant to Oregon Revised Statute (“ORS”) 367.800 to 367.824 and Oregon Administrative Rule (“OAR”) Chapter 731, Division 70. The OIPP gives ODOT flexibility to pursue transportation projects that expedite project delivery and maximize innovation through partnerships with private entities. The specific scope, schedule and budget for the project between ODOT and the successful Proposer will be negotiated and any final agreements must be approved by the Oregon Department of Justice and the Oregon Transportation Commission (“OTC”). This RFQ is not governed by the Public Contracting Code, except as specified in ORS 367.806(6).

DEFINITION OF TERMS

For the purposes of this RFQ, capitalized words are defined in OAR 731-070-0010 or as defined below and in section 1.3.2 – Crosswalk of Terms used in OregonBuys Agency - The Oregon Department of Transportation (also sometimes referred to herein as “ODOT”).

APM - Agency Project Manager CAM – Commercial Account Manager COI – Conflict of Interest Contractor – means a Proposer awarded a Price Agreement under the RFP.

Good – means any equipment, hardware or licenses necessary to perform the Services required in this RFP.

GPS – means the Global Positioning System.

ICD – Interface Control Document IGA – Intergovernmental Agreement MRD – Mileage Reporting Devices MPG – Miles per Gallon MRO – Mileage Reporting Option NTE – Not to Exceed NTP – Notice to Proceed OAM – Oregon Account Manager OAR – Oregon Administrative Rule OBU - On-Board Unit ODOT – Oregon Department of Transportation PA – Price Agreement Participant - means the registered owner or lessee of the subject vehicle enrolled in OReGO.

PII – Personally Identifiable Information PRD – Program Requirements Document RFQ – Request for Qualifications RUC – Road Usage Charge OReGO– Oregon’s Road Usage Charge Program Services – means any services related to hardware or equipment function and maintenance, account management, and customer support services.

SLA – Service Level Agreement VCRI – Verification Cross Reference Index WOC – Work Order Contract

OVERVIEW AND PURPOSE

OReGO has been operational since July 1, 2015. Oregon had proposed legislation that could have made a RUC system mandatory in 2026 for 2027 model year vehicles and beyond with a minimum of 30 miles per gallon (“MPG”). OReGO is working toward a potential mandatory system in the near future. Passenger vehicles that have more than 20 MPG are eligible to join the voluntary OReGO Program at this time, for other eligibility criteria refer to Attachment B (Program Requirements Document). Participants are expected to pay the road usage charge and are eligible for credits of the amount of gas taxes paid during their involvement.

ODOT has conducted, and will continue to provide, marketing, communication, and education to Oregonians regarding OReGO. ODOT may use internal communications and outside professional marketing and communication firms to help with continued efforts to move OReGO toward a mandatory system. Activities may include establishing public education forums, social media campaigns, interest groups, business sponsorships, spokespersons and participant incentives (in addition to those which may be offered by the OAM).There is a possibility ODOT may expand the OReGO Program to include a solution that collects road usage charges for medium-duty vehicles. This decision is pending study and analysis.

The primary purpose of the Price Agreement resulting from this RFQ is to retain contractors to provide Goods and Services to OReGO Participants related to mileage reporting and travel data collection. ODOT does envision that Business Partners could provide account management services for an array of Mobility Marketplace applications including tolling, parking, transit, rail, and other transportation related applications.

See Exhibit A Scope of Services of RFP Attachment A (Sample Price Agreement) for further details.

ODOT may pay some costs for CAM including Certification and Testing of System Components, Self-Certification and Iterative Testing, End to End Testing, and Ongoing Operations; however, the term of the payments and the amount of compensation ODOT may pay will be based on the overall fiscal impact to OReGO. The Proposer should not consider any such offset costs from ODOT when submitting its price proposal under this RFP.

CERTIFICATION AND TEST PHASES

There are 2 distinct phases for certification and testing of Proposer systems:

1. Initial Certification, which will be completed prior to Price Agreement award; and

2. Formal Certification, which will be completed after Price Agreement Award and included in an initial WOC (see Attachment H, Sampled Work Order Contract).

Current OReGO contractors may submit a Proposal under this RFQ and, if awarded, negotiate a price agreement. However, the certification process for current contractors will be different than the process for a new contractor. Current OReGO contractors who wish to submit a Proposal for this RFQ, must be certified against updated requirements within Attachment B (Program Requirements Document), Attachment C (Interface Control Document) and Attachment D (Service Level Agreement). Current contractors may also be exempt from providing a Proposal requirements as outlined in this RFQ due to the fact they are currently operating OReGO successfully.

For new contractors submitting a Proposal, these phases, Self-Certification and Iterative Testing and End to End Testing, will be used to validate Proposer’s offerings prior to deployment of OReGO. The Proposer and ODOT will collaborate on the scheduling and completion of both phases in accordance with the OReGO schedule.

Self-Certification and Iterative Testing As part of this initial certification, the Proposer shall provide policy and procedural documentation to ODOT, which indicates that the Proposer has the processes in place to manage accounts and technology. The Proposer must also indicate how their Proposal meets or plans to meet each of the technical and business requirements established in Attachment B (Program Requirements Document) cross-referenced in Attachment F (Verification Cross Reference Index). This documentation must be provided as part of the Proposer’s VCRI Compliance Matrix and Supporting Documentation portion of their RFQ response, further defined in Section 3.10 of this RFQ.

ODOT will review the documentation provided in the VCRI Compliance Matrix and supporting documentation (Step 1). Once ODOT review is complete, and if ODOT requires additional information, ODOT may request interviews and demonstrations, or both from Proposers (Step 2). These interviews and demonstrations are part of the Iterative Testing and are expected to further validate Proposer offerings against the requirements. No modifications to existing systems are expected to be incorporated prior to demonstrations End to End Testing At the successful completion of these demonstrations, ODOT will begin work on Task 3 - End to End Testing. Once NTP is provided for Task 3, Proposer shall work with ODOT to complete the End to End Testing, outlined in Task 3 of the WOC. For any new systems or hardware (e.g. MRDs/MROs) introduced by the Proposer over the course of the Price Agreement, ODOT will require each new system or hardware provision to undergo End to End Testing.

Enforcement Any awarded contractor will be responsible for the proper functioning of the RUC-related technology, processes and procedures as required by SB 810 and modified by HB 2017 and HB 2881 (2013 Oregon Laws, chapter 781, ORS 319.883-319.947), associated administrative rules, and this procurement, including the full payment to ODOT of Road Usage Charges for all taxable miles reported by Participants.

Any awarded contractor will be responsible for reporting all travel data, and for recapturing and reporting missing travel data for periods where the MRO is not functioning. This may be done by using an MRO that recaptures or “trues up” travel data upon the MRO being operational again, or if not possible, by an alternative approach approved by ODOT. Such approaches may include but are not limited to utilizing a historical average travel data approach for the vehicle, odometer verification, or other means. All missing travel data recaptured must be treated as undifferentiated by location (undifferentiated miles), payable from Participant to the Proposer net of associated fuels tax credits for these undifferentiated travel data. Missing miles must be reported and paid in addition to the regularly MRO-reported travel data.

Awarded contractors will be responsible for reporting and paying RUC to ODOT for all travel data reported by the MRO plus all missing travel data recaptured as described above. All reported and missing travel data recaptured must be paid in full to ODOT by the due date of the report, regardless of whether the Participant has paid the awarded contractor, up to the point that the awarded contractor no longer has the Participant on the CAM RUC account list. The awarded contractor acting as a CAM will have no recourse through ODOT for unpaid amounts owed the CAM by Participants prior to Participant removal from the CAM account list. Because the awarded ODOT Account Manager (“OAM)” will be required to take on Participant accounts assigned by ODOT, the OAM will have recourse through ODOT for refunds of amounts paid to ODOT but not collected from the Participants.

Participants will communicate with ODOT directly for all RUC or fuels tax credits for undifferentiated travel data reported by the awarded contractor, either as measured by a Non-GPS MRO, manual method, or by the recapture of travel data as described above. The awarded contractor will have no responsibility to accept, process, or administer refund applications for reported undifferentiated travel data that the Participant claims is non-taxable.

It is expected that evidence necessary to support ODOT compliance and enforcement activities will be provided in the defined operational reports. In the event of a compliance or enforcement investigation, ODOT may request the awarded contractor not destroy location-based or daily metered use travel data related to the investigation pursuant to the provisions of ORS 319.915(4)(a).

The awarded contractor will not in any manner aid Participant to inadvertently or intentionally under-report travel data driven. The awarded contractor will share with ODOT anything that comes to the awarded contractor’s attention that awarded contractor reasonably believes may be an indication of non-compliance by the Participant.

The ultimate responsibility for reporting travel data is with Participant. At the end of Participant’s involvement with OReGO, ODOT will conduct a true-up with Participant to identify any final assessments, using the final odometer reading obtained by the awarded contractor upon closing Participant’s account with the awarded contractor.

Upon award, ODOT may issue Work Order Contracts (“WOCs”) under the resulting Price Agreement for the Goods and Services needed to provide CAM services. Specific tasks, schedule, milestones, deliverables, and specifications are provided in Attachment H (Sample Work Order Contract).

The proposed RUC Program system referenced in this RFQ must be designed and developed as an open system using common interfaces and approved industry standards as defined in Attachment C (Interface Control Document).

SECTION 1: PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposer must be a registered vendor in OregonBuys and Proposal must demonstrate how Proposer meets all requirements of this section:

MINIMUM SUBMISSION REQUIREMENTS

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

· Proposer Information and Certification Sheet (Attachment I) Disclosure Exemption Certification (Attachment J) – submit only 1 copy if applicable - see Proposal Format and Quantity section below) Key Persons and Resumes (see section 2.3.3) Technical Proposal (see section 3.10) Price Proposal (Attachment M) Cover letter (1 page maximum) Identifying all companies, company information (for prime and subcontractors), location(s), key points of contract, categories which are being proposed.

· Proposer’s Audited Financials Response to Competition among Subcontractors and COBID/DBE Goals (Attachment L)

See RFQ section 4.3 for submittal requirements of selected firm after award notice.

Proposal Page Limits Responses to Volume 1 and Volume 2 (see evaluation criteria section 3.10) must be labeled to indicate the item being addressed and not exceed the allowable page limit for each section or subsection. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation.

Proposal Format Proposal must follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection must be labeled to indicate the item being addressed.

· Price information must be submitted via OregonBuys (see RFQ section 2.3.2 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 (see Section 5.10 of this RFQ) Proposer shall submit a completed and signed Disclosure Exemption Certification (Attachment J) and a fully redacted version of its Proposal, clearly identified as the redacted version.

Electronic Submittal Provisions

PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFQ. 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 RFQ may be considered non-Responsive to this RFQ and will not be considered further.

In response to this RFQ, Proposers shall provide information which verifies the requirements in Attachment F (Verification Cross Reference Index).

Proposer shall provide traceability between the specific requirements in Attachment F and the document(s) provided by the Proposer as part of Volume 1 (Compliance Matrix and Qualification Package (Section 3.10)). Where possible, the Proposer shall also identify specific document titles sections, subsections, contractor test cases and procedures, or page or paragraph numbers in the documents that specifically point to how the Proposer meets the specific requirement. Additionally, ODOT will evaluate the Proposer’s ability to meet the schedule, mitigate program risks, and provide value added services as defined in Volume 1.

Proposal must 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. Proposal must be straightforward and address the requests of the RFQ. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

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

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

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

References Provide 3 references from current or former client firms for similar projects performed within the last 5 years. List the reference contact information in Appendix 1 of RFQ Attachment I. References must be able to verify the quality of previous, related Work.

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

Price Proposal Submit a detailed Price Proposal (Attachment M)(under section 3.10 (Volume 2)) as a separate file uploaded via the Attachments tab for this RFQ in OregonBuys.

Key Persons and their Resumes Provide a Key Staff Resume for the proposed Project Manager, IT Lead, and Customer Service Lead for this Price Agreement. Key Staff resume forms can be found at: Key Staff Resumes Technical Proposal The Technical Proposal is based on Proposer’s response to section 3.10. Proposer shall provide written responses to section 3.10 and its subsections.

SOLICITATION PROCESS

PUBLIC NOTICE

The RFQ and attachments are published in the OregonBuys eProcurement system at OregonBuys. RFQ documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFQ 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 RFQ by this reference.

PREPROPOSAL CONFERENCE – RESERVED

QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

Be submitted using the “Bid Q&A” button for this solicitation in OregonBuys, Refer to the specific area of the RFQ being questioned (i.e. page, section and paragraph number); and Be submitted by the due date and time for Questions/Requests for Clarification identified in the Schedule, RFQ section 1.2.

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 RFQ requirements before the Bid Opening Date. Proposals submitted by any other means will be rejected.

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

PROPOSAL REVISIONS

Proposers submitting Proposals may be afforded an opportunity for discussion and revision of Proposals. Revisions may be permitted after submission of a Proposal and prior to award for the purpose of obtaining best and final offers. For a Proposer that does not submit either a notice of withdrawal or a best and final offer, the Proposer’s immediate previous offer will be construed as its best and final offer.

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 RFQ specified in OregonBuys. Unless ODOT otherwise elects at its discretion to close this RFQ, this RFQ will remain open for 6 years and may be extended up to 10 years. The initial round of proposal evaluations will be 8 weeks from the date the RFQ is available in OregonBuys.

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

PROPOSAL REJECTION

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

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

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

Proposer makes any contact regarding this RFQ with State representatives such as State employees or officials other than the Purchaser or those the Purchaser authorizes, or makes inappropriate contact with the Purchaser.

Proposer attempts to influence a member of the Evaluation Committee.

Proposal is conditioned on ODOT’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 RFQ or Addenda.

If Proposer does not or cannot comply to the security standards and proper care of data, or would compromise or violate PII listed in the contract and requirements documents, the Proposer may be disqualified to participate in the Program

EVALUATION PROCESS

The evaluation process will be administered in accordance with the procedures in OAR 731-070.

Each Proposal must comply with all requirements in this RFQ.

Proposals submitted will be reviewed to determine that all minimum requirements have been met. Should additional clarifications be required, ODOT may ask the Proposer for further clarification to include additional documentation. Proposals meeting those requirements will be forwarded to an Evaluation Panel for scoring against the scored criteria described in Section 3.10. The Purchaser may, in its discretion, elect to arrange for presentations and follow-up questions the highest ranked Proposers. ODOT may begin negotiations with proposers meeting the minimum requirements to determine best solution for this project. At ODOT’s sole discretion, a proposer meeting the requirements in this RFQ may result in (a) a notice to the Proposer of selection for award of the Price Agreement; or (b) if a Price Agreement can’t be negotiated, termination of award.

Over the duration of the Price Agreement, the Proposer shall submit any updates to the submitted documentation issued through a formal configuration and change management process. ODOT reserves the right to terminate the resulting Price Agreement and cancel any established WOC should ODOT discover through audits that the Proposer is utilizing updated documentation which has not been previously provided to ODOT.

Verification of the qualification material in Attachment F (Verification Cross Reference Index) is an activity separate from, and in addition to, the negotiation and ratification of the Terms and Conditions in this document. These terms and conditions convey ODOT’s requirements for contracting.

INTERVIEWS AND PRODUCTION DEMONSTRATIONS

At any time during the evaluation process, ODOT may request Proposers to make presentations or demonstrate testing of the Goods as part of ODOT’s evaluation. Proposers shall be afforded not less than 10 business days following written notification from the Evaluation Panel to prepare such demonstrations and interviews. The format of demonstrations and interviews will include a formal presentation by the Proposer, followed by any questions the Evaluation Panel may have pertaining to the Project, Proposal or the demonstrations. Demonstrations and interviews will allow the Evaluation Panel to seek clarification of Project elements and complete deliverable requirements and provide Proposers with the opportunity to further explain their Proposals. If there is an issue to which the Proposer is unable to respond during the formal presentation, the Evaluation Panel may, at its discretion, grant the Proposer a reasonable period of time in which to submit a written response.

Product demonstrations may be conducted as part of the initial certification process. These product demonstrations may be required for all selected Proposers and considered the last step in determining if a Proposer should be awarded a Price Agreement. Notification of product demonstration does not constitute intent for a Price Agreement award and all costs associated with the product demonstrations will be absorbed by the Proposer. For the product demonstrations, the following will apply:

· The product demonstrations must validate existing functionality relative to OReGO objectives, and the functional specifications in Attachment B (Program Requirements Document), cross-referenced with Attachment F (Verification Cross Reference Index) to the fullest extent possible.

· The Proposer shall develop a demonstration plan based on ODOT provided criteria.

· At ODOT’s discretion, additional clarifications and questions may be sent via email to Proposer(s); however, ODOT may conduct oral interviews for clarifications during the demonstrations if determined necessary.

· The product demonstrations normally require physical attendance at ODOT’s offices; however, ODOT may elect to conduct demonstrations at a Proposer facility or virtually as directed by ODOT. The Proposer shall conduct all product demonstrations free of charge to ODOT.

TECHNICAL PROPOSAL

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and ODOT may have additional or fewer evaluators for optional rounds of competition. Evaluators will review proposals and determine if proposers meet the qualifications of all requirement documents through the VCRI Purchaser 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.

The Proposer must describe how Proposer meets the requirements that are specified in this RFQ as related to the criteria below. Be clear and concise.

Volume 1- Compliance Matrix and Qualification Package – Identifies compliance with the requirements established in Attachment F (Verification Cross Reference Index), and provides supporting documentation used to verify that the Proposer’s offerings support each requirement. Attachment F is a progressive tool to document and verify compliance during both Initial and Formal Certification. The Proposal must include a completed Attachment F with respect to Initial Certification.

a. (REQUIRED) Description of Offerings (maximum 8 pages) - Presents the Proposer’s offerings for OReGO. The Proposer must demonstrate how Proposer’s systems, capabilities, and processes provide a distinct advantage to ODOT in deploying OReGO.

b. (REQUIRED) VCRI Compliance Matrix - Identify compliance with the requirements identified in Attachment F. Review Attachment F, column B and complete columns D and E for Proposal submittal. Column B may identify specific documentation; if so, this documentation must be submitted with the Proposal. The Proposer shall also provide clear traceability in the VCRI by referencing document numbers, and page and paragraph numbers for all documents provided as part of subsection C.

c. (REQUIRED) VCRI Supporting Documentation - The Proposal must provide supporting documentation which specifically validates each listed requirement. This documentation may include:

· Letter of Certification by a certification body or a third party authorized by a certification body to certify compliance with a required standard;

· Proposer’s policy and procedures manuals which demonstrate compliance with the requirement with corporate certification that the stated policies and procedures are monitored and enforced;

· System documentation and technical specifications for systems and components included in the offered system; AND

· Record of audits.

d. (REQUIRED) Value Added Services (maximum 3 pages) - Identify and describe the benefits of all proposed value added services to be offered to Participants.

e. (REQUIRED) Programmatic Considerations (maximum 6 pages) - Identify how the Proposer’s qualifications and approach provide the best fit, and provide a schedule for completing the Initial Certification and Formal Certification listed in Section 1.9. Also describe how the Proposer will ensure the safeguarding of PII, how the Proposer intends to meet the certification expectations, and how the Proposer will support ODOT in enforcement. Provide a list of the Project Team, Operations Support team and their qualifications.

There is no page limitation to the VCRI Supporting Documentation however, the Proposer shall only include information specific to meeting the requirements in the VCRI. Proposers who include additional marketing material or sales language that does not support the verification of the requirements in the VCRI may have their response rejected by ODOT.

Volume 2- (REQUIRED) Sealed Cost Volume - Identifies the proposed price for each offered component using Attachment M (Price Proposal). Price information will be used by ODOT to determine the anticipated costs for each Proposer wishing to enter the CAM market.

Response must address the following areas as defined in Attachment M:

· Lump Sum Cost expectation for completing the work defined in Task 1 of Attachment H (Sample WOC);

· Lump Sum Cost expectation for completing the work defined in Task 2 of Attachment H;

· Per Unit Costs for the following items as defined in Task 3 of Attachment H:

· Monthly lease costs for any Basic MRD/MRO offerings (based on the indexed quantities)

· Monthly lease costs for any Advanced MRD/MRO offerings (based on the indexed quantities)

· Monthly data communications costs for any Basic MRD/MRO offerings (based on the indexed quantities)

· Monthly data communications costs for Advanced MRD/MRO offerings (based on the indexed quantities);

· Monthly account maintenance costs;

· RUC Rate currently established at 40 Percent of Gross (before refunds or credits) RUC Revenues a compensation for costs (RUC Rates may be renegotiated);

· Tier 1 Customer Support Costs for Task 4 (in 3 month increments as defined in Attachment H); and

· Tier 2 Customer Support Costs for Task 4 (in monthly increments as defined in Attachment H).

Existing documentation to support the Proposer’s compliance with Attachment F (Verification Cross Reference Index) as defined in Volume 1, subparagraph b, may be provided in the original font size and page margins.

EVALUATION PANEL RECOMMENDATIONS

The Evaluation Panel will prepare a written recommendation, based on facts and circumstances presented in the Proposal or known to ODOT, that the Proposal merits consideration for negotiation of a final agreement. The Evaluation Panel will submit an overview of its process and assessments, along with its recommendation, to the Director of ODOT for approval. The Director will review the Evaluation Panel’s process, assessments and recommendation and based on that review will:

(a) Approve the Proposal and forward it to the OTC with a recommendation that the Proposal constitutes an acceptable basis for an agreement to enter into a public-private partnership with the Proposer; or

(b) Reject the Proposal.

Following receipt of the Director’s recommendation, the OTC will review the Proposal and, based on such review, will approve the Proposal for negotiation of a final Price Agreement or reject the Proposal.

SECTION 2: AWARD AND NEGOTIATION

2.1 AWARD NOTIFICATION PROCESS

Award Consideration ODOT will award Price Agreements to proposers who fully comply and can verify their compliance through the provided supporting documentation; AND agree with the terms and conditions establish in this RFQ including all attachments.

Intent to Award Notice ODOT will give, electronically or otherwise, written notice to all participating Proposers of ODOT’s apparent selection of the successful Proposer at least 14 calendar days prior to the final selection of the successful proposer in this competitive proposal selection process.

2.2 PROTESTS of AWARD of PRICE AGREEMENT

Proposer who would be adversely affected by the selection announced in the Notice of Intent to Award may, within a 7-calendar day period, submit to ODOT a written protest of the selection of the apparent successful proposer.

A protesting proposer is adversely affected by a selection only if the proposer has submitted a responsive proposal and the protesting proposer demonstrates that ODOT committed a substantial violation of a provision in this RFP, or in applicable ODOT rules or statute, or otherwise abused its discretion, in evaluating the proposals under this RFP.

The written protest must be submitted via email to the Purchaser identified in Oregon Buys for this RFP and must be received no later than 5:00 PM Pacific Time on 7th day following the date of the Notice of Intent to Award. ODOT shall not consider a selection protest submitted after the deadline established herein.

In response to a proposer’s timely filed protest that complies with this provision , ODOT will issue a written decision that resolves the issues raised in the protest. In considering a timely protest, ODOT may request further information from the protesting proposer and from the apparent successful proposer identified in ODOT’s notice of intent to award. ODOT will provide a written determination via email to the protesting proposer and to the apparent successful proposer identified in ODOT’s notice of intent to award. ODOT’s written decision under this subsection shall constitute a final order under ORS 183.484.

2.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

Insurance Prior to award, Proposer shall secure and demonstrate to ODOT proof of insurance as required in this RFQ or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A (Sample Price Agreement).

W-9 Form Proposer shall provide its Taxpayer Identification Number and backup withholding status on a completed W-9 form when requested by ODOT or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

2.3.1 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 Secretary of State for Oregon Business Registry information.

2.3.2 Responsibility Inquiry

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

2.3.3 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 ODOT 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 Pay Equity. This requirement is also set forth on Attachment G – Responsibility Inquiry.

Nondiscrimination in Employment As a condition of receiving the award of a Price Agreement under this RFQ, 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 of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

Pay Equity Compliance Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for…