35167 RFP Final.doc

RFP/Bid Solicitation 73000-00002353 / 35167 – Safety Training Services

State of Oregon

Oregon Department of Transportation Request for Proposal (“RFP”)

RFP TITLE: Safety Training Services RFP/Bid Solicitation Number: 73000-00002353 / 35167 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.

ASPIRATIONAL TARGETS: For state-funded WOCs that exceed $100,000 (including as may be amended), a Certified Small Business Aspirational Target of 12% will be assigned to ensure that contractors take reasonable steps to provide opportunities to Certified Firms. Refer to Exhibit K of the Sample PA (RFP Attachment A) for further explanation and description of these non-binding Aspirational Targets.

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.

Table of Contents

4SECTION 1:

GENERAL INFORMATION

41.1

INTRODUCTION

51.2

SCHEDULE

51.3

OREGONBUYS

61.4

RFP ATTACHMENTS

61.5

PURCHASER/SINGLE POINT OF CONTACT

61.6

AUTHORITY AND METHOD

71.7

DEFINITION OF TERMS

71.8

OVERVIEW AND PURPOSE

71.9

SCOPE OF WORK/SPECIFICATIONS

8SECTION 2:

PROCUREMENT REQUIREMENTS

82.1

MINIMUM QUALIFICATIONS

82.2

MINIMUM SUBMISSION REQUIREMENTS

92.3

PROPOSAL REQUIREMENTS

10SECTION 3:

SOLICITATION PROCESS

103.1

PUBLIC NOTICE

113.2

PREPROPOSAL CONFERENCE

113.3

QUESTIONS / REQUESTS FOR CLARIFICATIONS

113.4

SOLICITATION PROTESTS

123.5

PROPOSAL SUBMITTAL VIA OREGONBUYS

123.6

PROPOSAL MODIFICATION OR WITHDRAWAL

123.7

PROPOSAL DUE

123.8

PUBLIC OPENING

123.9

PROPOSAL REJECTION

133.10

EVALUATION PROCESS

153.11

POINT AND SCORE CALCULATIONS

153.12

RANKING OF PROPOSERS

163.13

NEXT STEP DETERMINATION

163.14 ADDITIONAL ROUNDS (Optional at Agency’s discretion)

17SECTION 4:

AWARD AND NEGOTIATION

174.1

AWARD NOTIFICATION PROCESS

184.2

INTENT TO AWARD PROTEST

184.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

204.4

PRICE AGREEMENT NEGOTIATION

20SECTION 5:

ADDITIONAL INFORMATION

205.1

CERTIFIED FIRM PARTICIPATION

215.2

GOVERNING LAWS AND REGULATIONS

215.3

OWNERSHIP/PERMISSION TO USE MATERIALS

215.4

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

215.5

COST OF SUBMITTING A PROPOSAL

225.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

225.7

RECYCLABLE PRODUCTS

225.8

PRINTING, BINDING, AND STATIONERY WORK

LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE PRICE AGREEMENT

ATTACHMENT B - DISCLOSURE EXEMPTION CERTIFICATION

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D – (RESERVED)

ATTACHMENT E - PRICE PROPOSAL FORM

ATTACHMENT F - CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT G - RESPONSIBILITY INQUIRY FORM

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal for Safety Training services (the “Services”).

ODOT seeks proposals to provide Safety Training Services in connection with fall protection and fall rescue, confined space entry, rappelling and slope safety, and scaffold safety training. Contractor shall conduct training classes, provide equipment and curriculum and deliver guidebooks designed to train Agency’s employees to comply with requirements from Oregon OSHA, Federal and State Laws.

ODOT requires Proposers travel to various locations around the state of Oregon, to deliver the training; Additional details on the Services are included in the Scope of Work in the Sample Price Agreement (Attachment A, Exhibit A).

ODOT anticipates the award of 1 or more Price Agreements (“PA”) from this RFP. The initial term of the PA is anticipated to be 5 years with options to renew up to a maximum of 10 years. ODOT, in its sole discretion, may select more or fewer Proposers based on Proposals submitted and the results of the evaluation. The collective maximum NTE amount for all PAs awarded pursuant to this RFP is $250,000.

The Agency Contract Administrator will coordinate the use of the Price Agreement(s) resulting from this RFP. The Agency Contract Administrator’s role is to ensure the availability of timely, high-quality learning opportunities needed to handle all the necessary administrative tasks related to these services (i.e., contacting contractors, scheduling classes, registering students, and handling billing matters). Therefore, classes will be scheduled on an “as needed” basis by the ODOT Contract Administrator.

The Services and associated deliverables and additional details that may be assigned under a Purchase Order (“PO”) are set forth in Exhibit A – Statement of Work of the Attachment A – Sample Price Agreement of this RFP.

Any purchases under the Price Agreement 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 the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Services similar to what is described within this RFP using any method allowed by law.

Proposers responding to the RFP do so solely at their expense, and Agency is not responsible for any Proposer expenses associated with the RFP.

1.2 SCHEDULE

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

1.3 OREGONBUYS

1.3.1 Registration Requirement. All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

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

1.3.2 Crosswalk of Terms used In OregonBuys

1.4 RFP ATTACHMENTS

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

· Details entered in the Header Information section;

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

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

1.5 PURCHASER/SINGLE POINT OF CONTACT

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

1.6 AUTHORITY AND METHOD

Agency is issuing this RFP under the authority of the Department of Administrative Services (DAS) delegation 1095-20 (as amended), DAS Tiered Delegation Agreement.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260.

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.

1.7 DEFINITION OF TERMS

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

1.8 OVERVIEW AND PURPOSE

1.8.1 Agency Overview and Background

The Oregon Department of Transportation is a department of the State of Oregon responsible for systems of transportation. It was first established in 1969. It had been preceded by the Oregon State Highway Department which, along with the Oregon State Highway Commission, was created by an act of the Oregon Legislative Assembly in 1913. It works closely with the five-member Oregon Transportation Commission in managing the State's transportation systems.

1.8.2 Project Overview, Background and Purpose

Agency is seeking 1 or more professional contractors to provide Safety Training Services in various locations throughout Oregon. Proposers responding to the RFP do so solely at their expense, and Agency is not responsible for any Proposer expenses associated with the RFP.

The primary purpose of a Price Agreement resulting from the RFP is for Proposer to provide training courses in advanced fall protection and fall rescue, confined space entry, rappelling and slope safety, and scaffold safety training. Contractor shall conduct training classes and deliver guidebooks designed to train Agency’s employees to comply with requirements from the Occupational Health and Safety Administration (“OSHA”), Federal and State Laws. The classes will be held in various ODOT locations around the state of Oregon, including, but not limited to, Salem, Bend, La Grande, and 1 location in Clackamas County. Contractor is required to provide training at all times during the year, except in extenuating circumstances (with prior approval from Agency) which prevent Contractor travel, such as weather related road closure.

If awarded a Price Agreement, Contractor will be expected to conduct a needs assessment and analysis to determine Agency training needs, as well as prepare and submit a comprehensive evaluation curriculum for safety trainings to be used by Agency including, but not limited to:

· Manuals, testing materials, and course descriptions;

· Course guides, instructor’s guides, and participant workbooks/guides for safety trainings.

1.9 SCOPE OF WORK/SPECIFICATIONS

See the Scope of Work in the Sample Price Agreement (Attachment A, Exhibit A).

SECTION 2: PROCUREMENT REQUIREMENTS

2.1 MINIMUM QUALIFICATIONS

2.1.1 Years of experience

Proposers must have a minimum of 10 years of safety training experience, with relevant trainings conducted within the last 3 years, for similar services described in this RFP and as detailed in the attached Statement of Work. Proposals that do not clearly show the minimum required experience/qualifications shall be rejected. Proposer must certify to this requirement on Attachment C.

2.1.2 Instructor(s) Requirement

Proposer’s instructors must be fluent in reading, writing, and speaking in English and able to comprehend spoken English language. Proposals that do not clearly show the minimum required experience/qualifications shall be rejected. Proposer must certify to this requirement on Attachment C.

2.2 MINIMUM SUBMISSION REQUIREMENTS

2.2.1 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 C)

· A Completed Request for Taxpayer Identification Number Form, available at:

https://www.oregon.gov/ODOT/Business/Procurement/DocsPSK/TINreq.docx

· Disclosure Exemption Certification (Attachment B) – submit only 1 copy if applicable - see Proposal Format and Quantity section below)

· Price Proposal Form (Attachment E)

· Technical Proposal

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

2.2.2 Proposal Page Limits

Proposal is limited to 15 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

· Disclosure Exemption Certification (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check forms (Appendix 1 of RFP Attachment C)

· Price Proposal (Attachment E)

2.2.3 Proposal Format

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

· Price information must be submitted via OregonBuys (see RFP section 3.3.3 for detailed format and submittal requirements).

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

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

2.2.4 Electronic Submittal Provisions

2.2.4.1.

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

2.2.4.2.

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

2.2.4.3.

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

2.2.4.4.

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

2.2.4.5.

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

2.3 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 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. Proposal should 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.

2.3.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), 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.

2.3.2 References

Provide three references from current or former client firms for similar projects performed within the last 3 years. List the reference contact information in Appendix 1 of RFP Attachment C. 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.

2.3.3 Price Proposal

Enter and submit in OregonBuys the price(s) required in the Item Information section of the Bid Solicitation for this RFP.

In addition to the price(s) entered in the OregonBuys Item Information section, submit a detailed Price Proposal (Attachment E) as a separate file uploaded via the Attachments tab for this RFP in OregonBuys. The Price Evaluation Form (Attachment E) will be used for “Price Proposal” scoring purposes only.

The SPC will score Price Proposals per sections 3.10.3. Price Proposals will be available to the evaluation committee for reference during each round of competition.

Agency reserves the right to negotiate the final price and billing rates under this Price Agreement with the successful Proposer.

2.3.4 Technical Proposal

Proposers shall provide Written responses to sections 3.10.2.1 through 3.10.2.3. The score for this section is based on Proposers ability to provide all classes.

SECTION 3: SOLICITATION PROCESS

3.1 PUBLIC NOTICE

The RFP and attachments are published in the OregonBuys eProcurement system at https://oregonbuys.gov/bso/. RFP documents will not be mailed to prospective Proposers.

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

3.2 PREPROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

3.3 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 in writing via email to the Purchaser identified in OregonBuys for this RFP.

· 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.

3.4 SOLICITATION PROTESTS

3.4.1 Protests to RFP

Prospective Proposer 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 prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below.

3.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

3.4.3 Protests must:

· Be delivered via email to the Purchaser identified in OregonBuys for this RFP;

· 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; and

· 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;

· Protests to the RFP must be received by the due date and time identified in the Schedule, RFP section 1.2; and

· Protests to Addenda must be received by the due date identified in the respective Addendum.

3.5 PROPOSAL SUBMITTAL VIA OREGONBUYS

Proposer is solely responsible for ensuring its Proposal and all required submittal items are submitted through OregonBuys in accordance with the RFP requirements before the Bid Opening Date. Proposals submitted by any other means will be rejected.

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

3.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to withdraw or modify a submitted Proposal, Proposer must do so using the “Withdraw Quote” button in OregonBuys prior to the Bid Opening Date and time for this RFP in OregonBuys. Proposal withdrawals and modifications must be in conformance with requirements set forth in OAR 125-247-0440.

3.7 PROPOSAL DUE

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

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

3.8 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.

3.9 PROPOSAL REJECTION

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

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

· Proposer 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 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 Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Addenda.

3.10 EVALUATION PROCESS

3.10.1 Responsiveness and Responsibility determination

3.10.1.1 Responsiveness determination

A Proposal received prior to the Bid Opening Date for this RFP 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 Purchaser may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the Purchaser finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

3.10.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) following receipt of Intent to Award notice as required in RFP section 5.3.4.

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

3.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated 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.

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.

3.10.2.1 Evaluation Item 1 – Proposer’s General Qualifications Max Points: 45

· Provide descriptions of safety training performed within the last 3 years, which are comparable to the requested trainings. Include a description of the type, size, duration and the Proposer’s training delivery approach. (Points 15)

· Provide an explanation describing how the Proposer’s company can perform the Agency’s requested Services including any limitations. (Points 15)

· Demonstrate how firm’s experience and the Proposer’s Instructor align with successfully completing the scope of Services described in this RFP. (Points 15)

3.10.2.2 Evaluation Item 2

- Proposer’s Instruction Qualifications Max Points: 50

· Describe qualifications of Proposers instructor(s), and the class(es) each Proposers instructor will teach. (Points 10)

· Provide documentation, including resumes, if applicable, that clearly demonstrates how Proposer has the qualifications to be responsible for the professional quality (and technical accuracy, when applicable) of all Services furnished by Proposer under the Price Agreement. Proposer must demonstrate the following in their documentation:

· Technical and professional approach and ability to accomplish requirements (Points 10)

· Relevant and recent experience with similar work (Points 10)

· Qualification and capabilities of Proposer in general and of individual staff (Points 10).

· Capacity to deliver the Services as required in this RFP (Points 10).

3.10.2.3 Evaluation Item 3

- Course Content

Max Points: 35

· Provide a course outline explaining the curriculum for one of the courses outlined under the Exhibit A (Statement of Work) in Attachment A- Sample Price Agreement. (Points 35)

· The course outline must include, at a minimum, the following:

· Content, activities, and processes that will be used to cover the topics.

· How the learning objectives will be achieved and the outcomes.

· Class length (length and timing of an instructor-led class; for example: 14 hours, 8:30 a.m. to 4:30 p.m. on two consecutive days).

· Proposer shall, without additional compensation, correct or revise errors or deficiencies (per requirements or acceptance criteria described in the Price Agreement) in Proposer’s deliverables.

3.10.3 PRICE EVALUATION

Max Points: 20 Following scoring and ranking of Proposals based on the qualifications-based criteria, the SPC will conduct the price evaluation. For evaluation purposes, the price per student cost will be used to assign points.

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

* Price scores will be rounded to the nearest whole number.

Agency reserves the right to negotiate the final price and billing rates under this Price Agreement with the successful Proposer in accordance with section 5.4 of this RFP.

3.10.4 PREFERENCES

3.10.4.1 RESERVED

3.10.4.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, 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.

3.10.4.3 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least one Proposer does not, Agency will select the Proposer offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

3.10.4.4 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 125-246-0300.

3.11 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.

TOTAL POINTS POSSIBLE

3.12 RANKING OF PROPOSERS

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

3.13 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if, in Agency’s sole discretion, it is 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

3.13.1 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 will, to the greatest extent practicable, consist of the 3 highest ranked Proposers. Agency, in its sole discretion, may increase or decrease the number of Proposers selected for the Competitive Range if there is a natural break in the scores. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

3.14 ADDITIONAL ROUNDS (Optional at Agency’s discretion)

3.14.1 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 25 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.

3.14.2 Best and Final Offers

Proposers in the Competitive Range may be invited by the Purchaser to submit Best and Final Offers. The written Best and Final Offer (“Revised Proposal”) must be submitted on or before the due date and time set forth in the notice of Competitive Range. LATE REVISED PROPOSALS WILL NOT BE ACCEPTED.

If Proposer elects not to submit a Revised Proposal, Proposer’s initial Proposal will be accepted as the Best and Final Offer and evaluated accordingly.

Best and Final Offer Requirements

Best and Final Offers must be submitted in Writing in the form of an amendment to the Proposer’s initial Proposal. Best and Final Offers must comply with the following requirements and specifications:

· Identify Proposer’s business name and reference the RFP number for this solicitation; and

· Submit an electronic copy of the revised Proposal signed by Proposer’s authorized representative ; and

· Clearly identify the information included in Proposer’s initial Proposal that Proposer intends to amend or replace in terms of the page, section and paragraph of Proposer’s initial Administrative, Technical or Price Proposal; and

· Include a Best and Final Offer letter, signed by Proposer’s authorized representative, which summarizes the Proposal aspects amended by the Best and Final Offer and states that the information included in the Best and Final Offer supersedes the corresponding information included in Proposer’s Proposal submitted on or before the Closing date; and

· Include all information requested in the Best and Final Offer letter.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 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 offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any Proposer.

4.1.2 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.

Agency may reject an offer and rescind the Intent to Award if Agency determines Proposer is not Responsible or if Proposer has liquidated and delinquent debt owed to the State of any department or agency of the State.

4.2 INTENT TO AWARD PROTEST

4.2.1 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.

4.2.1.1 Protests must:

· Be submitted via email to the Purchaser identified for this RFP in OregonBuys;

· Reference the RFP number;

· Identify Proposer’s name and contact information;

· Be signed by an authorized representative;

· Specify the grounds for the protest; and

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

4.2.2 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.

4.3 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:

4.3.1 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 the Sample Price Agreement (Attachment A, Exhibit B– Required Insurance).

4.3.2 W-9 Form

Proposer shall provide its Taxpayer Identification Number 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.

4.3.3 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.

4.3.4 Responsibility Inquiry

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

4.3.5 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. This requirement is also set forth on Attachment G – Responsibility Inquiry.

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

4.3.6 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 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.

4.3.7 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 Agency 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.

4.4 PRICE AGREEMENT NEGOTIATION

4.4.1 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 RFP Protest 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.

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

Agency is willing to negotiate the Scope of Work and reserves the right to determine the basis for compensation (e.g., fixed price, fixed price per unit, time and materials, etc.).

In the event that the parties have not reached mutually agreeable terms within 14 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 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 If the Price Agreement has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.2 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.

5.3 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.

5.4 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.

5.5 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.

5.6 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.

5.7 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)

5.8 PRINTING, BINDING, AND STATIONERY WORK

Except as provided in ORS 282.210(2), all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the State or any county, city, town, port district, school district, or other political subdivision, must be performed within the State.

DAS Version 4.2 –ODOT Form S011-G061021