35078 OAM RFP.docx

State of Oregon

Oregon Department of Transportation Office of Innovative Funding Oregon Innovative Partnership Program Request for Proposal (“RFP”) RFP TITLE: odot ACCOUNT MANAGER FOR OREGO ROAD USAGE CHARGE RFP/Bid Solicitation Number: S-7300-00001203

(PCMS 35078)

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 Closing 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.

RFP/Bid Solicitation S-7300-00001203 (35078) – ODOT Account Manager for OReGO Road Usage Charge 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

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

ATTACHMENT N – TAXPAYER IDENTIFICATION NUMBER REQUEST FORM

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal (“RFP”) 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 RFP is to establish a replacement Price Agreement for an ODOT Account Manager (“OAM” or “Contractor”) because the current Price Agreement will soon expire with no option for renewal.

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

***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 contractors 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 RFP. 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. 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 RFP from prime award of other future opportunities relative to OReGO. The Proposer awarded a Price Agreement under this RFP may subcontract with other contractors to provide Goods, Services or both for future OReGO related opportunities. In order to manage public perception, if a Proposer is awarded price agreements for OAM and as a commercial account management, Proposer shall be required to provide independent, separate systems to manage OAM and commercial account management data.

Additionally, the Proposer awarded a Price Agreement under this RFP 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 RFP. Additional details are provided in the Sample Work Order Contract (Attachment H).

ODOT anticipates the award of one Price Agreement from this RFP.

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

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 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.

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

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.

PURCHASER/SINGLE POINT OF CONTACT

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

AUTHORITY 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 OAR Chapter 731, Division 70. 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 RFP is not governed by the Public Contracting Code, except as specified in ORS 367.806(6).

DEFINITION OF TERMS

For the purposes of this RFP, 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 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 ORS – Oregon Revised Statute 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 RFP – Request for Proposal 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 OReGO to include a solution that collects road usage charges for medium-duty vehicles, however this decision is pending further study and analysis.

The primary purpose of the Price Agreement resulting from this RFP is to retain a Contractor 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 OAM 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 is part of the RFP Proposal; and

2. Formal Certification, which will be part of an initial WOC if awarded a Price Agreement (see Attachment H, Sample Work Order Contract).

Current OReGO contractors may submit a Proposal under this RFP 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 submit a Proposal for this RFP will 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 Proposal requirements as outlined in this RFP due to the fact they are currently operating OReGO successfully.

For new contractors submitting a Proposal, these phases, Self-Certification, and Integration 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 the 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 also must 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 (the Verification Cross Reference Index). This documentation must be provided as part of the Proposer’s VCRI Compliance Matrix and Supporting Documentation portion of their RFP response, further defined in Section 3.10 of this RFP.

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, demonstrations, or both from Proposers (Step 2). These interviews and demonstrations are part of the Iterative Testing and are expected to further validate the vendor offerings against the requirements. No modifications to existing systems are expected to be incorporated prior to demonstrations.

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 Proposed Goods and Services related to this RFP.

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

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

Proposal Page Limits Responses to each 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.

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 RFP 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 RFP) 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 RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the Goods or Services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal 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 RFP. 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 RFP 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 RFP. 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) as a separate file uploaded via the Attachments tab for this RFP 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 RFP and attachments are published in the OregonBuys eProcurement system at OregonBuys. RFP documents will not be mailed to prospective Proposers.

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

PREPROPOSAL CONFERENCE – RESERVED

QUESTIONS / REQUESTS FOR CLARIFICATIONS

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 using the “Bid Q&A” button for this solicitation in OregonBuys, Refer to the specific area of the RFP 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, RFP 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 RFP 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 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

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

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

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

Proposer makes any contact regarding this RFP 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 RFP or Addenda.

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 RFP.

Proposals submitted will be reviewed to determine that all minimum requirements have been met. Proposals meeting those requirements will be forwarded to an Evaluation Panel for scoring against the scored criteria described in Section 3.10. After scoring and ranking the Proposals, the Purchaser may, in its discretion, elect to arrange for presentations and follow-up questions with 2 or more of the highest ranked Proposers. ODOT may begin concurrent negotiations with the 2 highest ranked proposers to determine best solution for this Project. The outcome of the scoring of evaluations pursuant to the scored criteria set forth in Section 3.10, presentations/interviews, and concurrent negotiations may, at ODOT’s sole discretion, result in (a) a notice to the highest ranked Proposer of selection for award of the Price Agreement; or (b) if a Price Agreement can’t be negotiated, notice to the second highest ranked Proposer for award of the Price Agreement.

GOODS TESTING

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. At ODOT’s discretion testing will be required for selected Proposers and will likely be the last step in determining if a Proposer may be issued a Price Agreement. Notification of Goods testing does not constitute a notice of ODOT’s intent to award a Price Agreement to a Proposer, and the Proposer shall be responsible for all costs associated with the Goods testing. For the Goods testing, the following will apply:

· ODOT shall provide the Proposer a set of criteria and performance metrics.

· Proposer shall develop a test plan for the Goods based on the provided criteria.

· A minimum of 3 evaluators shall evaluate the Goods tests.

· Goods testing shall have a maximum score of 50 points.

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

· The Goods tests normally require physical attendance at ODOT’s offices; however, ODOT may elect to conduct Goods testing at a Proposer facility. The Proposer shall conduct all Goods demonstrations free of charge to ODOT.

Evaluation of the Goods testing will be within the parameters of the following criteria:

· Technical Compliance with the criteria and standards established in this RFP and its attachments.

· Successful completion of the provided use case for demonstration.

EVALUATION CRITERIA

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 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 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.

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

Evaluation Item 1 – Compliance with Technical Requirements Max Pages: 10 Max Points: 35

· Demonstrate a clear and concise understanding of the technical requirements established in this RFP including all attachments.

· Indicate how 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).

· Proposer shall provide policy and procedural documentation to ODOT, which indicates that the Proposer has the processes in place to manage accounts and technology. (This documentation is outside of the 10-page limit for this section).

· Demonstrate a clear and concise understanding of and compliance with the open architecture specifications provided in Attachment C (Interface Control Document).

· Demonstrate how each proposed Good will be installed (if required).

· Describe how proposed Goods can be interconnected with equipment provided by other contractors and any level of customization required to accommodate interoperability.

· In addition to identifying the OBU interface with the vehicle (and with any “vehicle location” devices) and defining the data processing and storage capabilities of the OBU, the Proposer must provide relevant information on the physical design features of their units, including (but not limited to):

· Location for mounting the Basic OBU (for example, at the OBD-II port or another location).

· Power source, consumption, and cutoff/data retention capability in the event of engine shutoff.

· Connection between the OBU and OBD-II port (for example, with a Bluetooth connection to a dongle in the OBD-II port, hard wired, or some other configuration) OR alternative method for vehicle anchoring (electronically guaranteeing that an OBU is located in a vehicle), and for the Basic OBU, mileage information collection.

· Need for other connectors or dongles.

· Ways for determining vehicle location.

· Need for exterior antennas to transmit information to the transaction processing function.

· Possible status display options (e.g., indication that the OBU is operating properly, needs maintenance, is connected to other location reporting devices). This is in addition to any displays (e.g., maps, location, routing) that may be offered either within the advanced OBU or by third-party service providers.

· Measures for tamper detection/fraud resistance.

Evaluation Item 2 – Proposers’ Relevant Past Performance Max Pages: 3 Max Points: 15 Demonstrate relative experience and qualifications regarding the quality of delivery and performance of other similar projects:

· List projects and contract services performed within the last 5 years by type and location, that were the same or very comparable to the requested Services.

· For each of the previous projects or contracts listed, include a brief description of each project type, size, location, duration and objectives; a chronological time line describing the tasks performed by Proposer to fulfill the project objectives; and the actual project budget. This synopsis is limited to 1 page for all project references.

· For each of the 3 previous projects or contracts above, indicate whether the services were accomplished within Proposer’s original estimated budget and schedule, or needed to be revised. Briefly explain the reason for any revisions.

Evaluation Item 3- Proposer’s Programmatic Qualifications Max Pages: 6 Max Points: 25 Demonstrate how your firm’s offerings can ensure ODOT meets its delivery schedule, promote high quality, support, training, and minimize overall Project risk. Responses must include:

· Demonstrate a clear and concise plan for each component, subsystem or both Proposer is offering to meet ODOT’s requirements as stated in Attachment B (Program Requirements Document), Attachment C (Interface Control Document), and Attachment D (Service Level Agreement).

· Provide a detailed Project schedule for offering all components.

· Describe the level of effort and time required to install the Goods (if required).

· Describe Proposer’s approach to adjusting schedules when needed, or adjusting your level of effort in order to meet a schedule and keep a project within a stated budget.

· Identify proactive management processes by dedicated resources and how these processes and resources minimize the amount of involvement by ODOT personnel.

· Describe Proposer’s quality assurance/quality control procedures and methods used to minimize equipment failures.

· Explain how Proposer can accommodate working on the Project given its location.

· Explain how the Proposer will provide training and on-call maintenance support to OReGO Participants including product support, spares, and maintenance.

· Describe and highlight any conflicts with outlined requirements or other guidelines listed in this RFP or Attachment A (Sample Price Agreement). For example, Section 1.8 Overview and Purpose ODOT states that an OAM shall not deny service to someone who denies use of travel data and other PII, except for use in this Program. List any objections to requirements or guidelines that Proposer may have.

Evaluation Item 4 – Viable Additional Features (Optional) Max Pages: 4 Max Points: 25 Demonstrate Proposer’s value added offerings above and beyond those explicitly in the RFP and its attachments. Proposers must score within a competitive range in the Technical (Section 3.10.1, Evaluation Item 1), Past Performance (Section 3.10.2 Evaluation Item 2), Programmatic (Section 3.10.3, Evaluation Item 3), and Price Evaluation (Section 3.10.5) areas of their Proposal for this Section 3.10.4 to be considered.

Demonstrate offerings relative to THE FOLLOWING ONLY:

· Security (communications, data, etc.);

· Anti-tampering, fraud detection or both;

· Off Road Refunds (Advanced OBUs), Gas Tax Refund (beyond basic options);

· Good history of online account management (customized, user-friendly);

· Multiple payment options for users (credit card, cash, etc.);

· Methods to determine vehicle mileage in a Basic OBU beyond the OBDII port;

· Power management options;

· Advanced OBU display / Human Machine Interface sophisticated mileage tax accounting approach.

PRICE EVALUATION Max Points: 25 Proposer shall complete Attachment M (Price Proposal) to demonstrate Proposer’s fee to provide Goods and Services for OReGO Participants.

Response must address the following:

· Fee for Goods and Services outlined in Attachment A (Sample Price Agreement).

Evaluation Committee will evaluate Attachment M (Price Proposal) and assign a score to each proposal based on the evaluator’s assessment of the value to ODOT as set forth in the Proposer’s price proposal. The evaluator may take into consideration the one-time costs for implementing the OAM Solution, the percentage of RUC revenue due to the Proposer, the costs for ongoing operations, and any other cost-related information available to the evaluator.

POINT AND SCORE CALCULATIONS

The Purchaser will average the scores for the Evaluation Criteria (including the scores for the presentations, if conducted). The average scores will be calculated by totaling the points awarded by each Evaluation Panel member and dividing by the number of members). ODOT will then determine the rank order for each Proposal, with the highest scoring Proposal receiving the highest rank and each successive rank order determined by the next highest score.

The price score for each Proposal is calculated by the Purchaser as stated in section 3.6 - Price Evaluation.

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 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, 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 3.10 and 3.11. ODOT may award less than the full Scope defined in this RFP. ODOT, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. ODOT 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, ODOT may offer award to the next ranked Proposer and so on until agreement is reached or until ODOT terminates the process. ODOT may require reconfirmation of the qualifications and staffing of any Proposer.

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 the 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 is next-in-line for selection. In other words, the protesting proposer must demonstrate that all higher-scoring proposers are ineligible for selection because either:

(a) The higher-scoring proposals were not responsive to the requirements stated in this RFP; or

(b) 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 RFP 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 RFP 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 K – Responsibility Inquiry.

Nondiscrimination in Employment As a condition of receiving the award of a Price Agreement under this RFP, Proposer’s authorized representative must certify by marking the “APPROVED” checkbox and entering their name and title on Attachment I - 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 work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of the Price Agreement and a failure to comply constitutes a breach that entitles ODOT to terminate the Price Agreement for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

PRICE AGREEMENT NEGOTIATION

Concurrent Negotiations ODOT may choose to begin concurrent negotiations with the 2 or more highest ranked proposers to determine best solution for this project.

2.3.4 Negotiations

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 reserved for negotiation listed below.

Proposer shall review the attached Sample Price Agreement (Attachment A), Program Requirements Document (Attachment B), Interface Control Document (Attachment C), OReGO Service Level Agreement (Attachment D), Pilot Management Expectations (Attachment E), Verification Cross Reference Index (Attachment F), and RUC Rate Table (Attachment G) and note requested exceptions with their Proposal submission for ODOT consideration. ODOT may negotiate or refuse any such requested exception in ODOT’s sole discretion. Unless Proposer notes exceptions in its Proposal, ODOT intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in the Sample Price Agreement (Attachment A). It may be possible to negotiate some provisions of the final Price Agreement; however, 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, ODOT will consider the scope of requested exceptions in the evaluation of Proposals.

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

All items, except those listed below, may be negotiated between ODOT and the apparent successful Proposer in compliance with Oregon State laws:

· Choice of law

· Choice of venue

· Constitutional requirements

· Requirements of State or federal law In the event that the parties have not reached mutually agreeable terms within 30 calendar days, ODOT may terminate negotiations and commence negotiations with the next highest ranked Proposer.

ADDITIONAL INFORMATION

RESERVED

ODOT RESERVATION OF RIGHTS

ODOT reserves the right, at its sole discretion: (1) to amend the RFP prior to the closing date; (2) to amend the deadline for submitting Proposals; (3) to determine whether a Proposal does or does not substantially comply with the requirements of this RFP; (4) to waive any minor irregularity, informality, or nonconformance with this RFP; (5) to obtain from and provide to other public agencies, upon request, references regarding the Proposer’s Price Agreement performance; (6) at any time prior to Price Agreement execution (including after announcement of the apparent awardee): (a) to reject any Proposal that fails to substantially comply with all prescribed RFP procedures and requirements; and (b) to reject all Proposals received and cancel this RFP upon a finding by ODOT that there is good cause and that such cancellation would…