35304 RFP_Final.docx

State of Oregon

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

RFP TITLE:

Certification User Group: Training, Planning, and Facilitation RFP/Bid Solicitation Number: 35304 / 73000-00003084 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 35304 / 73000-00003084 – Certification User Group: Training, Planning, and Facilitation

NON-DISCRIMINATION: Agency, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

DAS Version 4.2 – ODOT Form S011-G061021 – Non-A&E RFP Page 17 of 25 Table of Contents

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal for Certification User Group: Training, Planning, and Facilitation.

Additional details on the Scope of the Goods or Services or both are included in RFP Section 1.8, Overview and Purpose and Attachment A, Sample Contract, Exhibit A.

Agency anticipates the award of one or more Contracts from this RFP.

The initial term of the Contract is anticipated to be 2 years with the option to extend up to a cumulative maximum of 5 years.

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: Oregonbuys. 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

Definition of terms used in OregonBuys

Amendment means “Addendum” or “Addenda”, as defined in OAR 125-246-0110; or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date means “Closing” as defined in OAR 137-046-0100(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

Bid Solicitation means Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order means A formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

Master Blanket Purchase Order (“MBPO”) means Any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

Purchase Order means Any form of project-specific contract (not awarded under an existing MBPO).

Quote means Any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

Release Requisition means Any form of ordering instrument used under an MBPO; i.e. Purchase Order, Work Order Contract, etc.

Vendor means Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised 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. Prospective Proposers shall direct all communications related to any provision of the RFP to the Purchaser using the “Bid Q&A” button for this solicitation in OregonBuys, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

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.

DEFINITION OF TERMS

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

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

“CA” means Contract Administrator.

“COI” means a conflict of interest as defined in ODOT’s Conflict of Interest Guidelines.

“Contingency” means Project work resources held in reserve for significant tasks that are anticipated, but not certain to be needed.

“Contract” means the binding written agreement between the Agency and a Contractor describing the work to be done and defining the obligations of Agency and the Contractor.

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

“CUG” means Certification User Group.

“Days”

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

b) “days” means calendar days; and

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

“Local Agency Certification Program” allows the state to certify Local Public Agencies in federal-aid highway project delivery processes.

“OAR” means Oregon Administrative Rules.

“ORS” means Oregon Revised Statutes.

“Project” means a well-defined sequence of events with an identifiable beginning and ending which purpose is to achieve an identifiable goal.

“Proposal” means a written response to this RFP.

“Proposers” - mean all firms who may submit Proposals, or who do submit Proposals, or both, in response to this RFP. After negotiation and notice of award, the successful Proposer(s) will be designated as “Contractor”.

“Qualification Based Selection” or “QBS” means evaluation and scoring of Proposals based on qualifications, experience and project approach, without considering cost.

“Responsible” means the Proposer has met the standards of responsibility identified in ORS 279B.110.

“Responsive” means a Proposal that substantially complies with the requirements of this RFP.

“RFP” means Request for Proposal.

“Scope of Work” means the general character and range of Services and supplies needed, the work’s purpose and objectives, and an overview of the performance outcomes expected by Agency.

“Services” means the services to be performed under the Contract.

“State” means State of Oregon.

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

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

OVERVIEW AND PURPOSE

1.8.1 Agency Overview and Background

In 2015, ODOT surveyed stakeholders of the Local Agency Certification Program (Certification Program) to identify needed improvements to the Certification Program and its processes. In June of 2016, local agencies met in Salem to review results of the survey and to provide input for development of a Certification User Group (“CUG”). In December of 2016, Certification Program stakeholders officially chartered the CUG and has held annual meetings in December every year since. The CUG has a steering committee, which has set up 3 subcommittees to help strengthen communication, collaborate on process improvements, and provide training on Certification Program related processes. The 3 subcommittees are: 1) Standards, 2) Process Improvement & Training, and 3) Project Funding & Obligations. The subcommittees have work plans that are coordinated through the efforts of the steering committee. For additional information, including the charter and examples of meeting and training materials, see the ODOT CUG webpage at: ODOT CUG

1.8.2 Project Purpose

The purpose of this request for proposals is to seek a Consultant who is skilled in working with a diverse set of stakeholders to help them work better together. The work includes facilitating groups, building consensus, delivering training, and working through process improvements. Experience with intergovernmental relationships, particularly in transportation or public works is preferred, but not required. Consultants with similar experience and transferable skills should propose. ODOT, local agencies, and the Federal Highway Administration (“FHWA”) will provide subject matter expertise.

Consultant to provide ongoing support to the Certification Program and its stakeholder engagement through the CUG in:

· Developing, delivering, and closing out annual meetings, trainings, and workshops which may include, but is not limited to the planning and facilitation of the following:

· Annual meetings;

· Summer workshops; and

· Other work sessions, trainings, and workshops.

· Facilitating and supporting CUG committees and teams to strengthen communication and collaboratively plan work, set and accomplish goals; and

· Supporting the development of certification program training content and materials.

SCOPE OF WORK/SPECIFICATIONS

Reference Statement of Work in Attachment A Sample Contract, Exhibit A.

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:

2.1.1 Licensing requirements

Proposer’s key person(s) must have a valid driver’s license to attend meetings and events.

2.1.2 Minimum Key Person Requirements

Proposer must employ or contract with key person(s) to meet the requirements in this section. Proposer must submit information for at least 2 or more key person(s) to demonstrate how they meet all of the following qualifications. Proposer’s team lead or project manager should have 5 or more years of experience in, or a combination of experience and education in, at least 2 of the 4 following qualifying skill sets.

1. Stakeholder engagement: Strong verbal and written communication, listening, problem solving, managing expectations, negotiation, team facilitation, and conflict management and resolution. Techniques and methods of disseminating communication. Communication techniques to persuade individuals to a course of action. Preferred experience in intergovernmental relationships, particularly in transportation or public works.

2. Event planning and coordination: Agenda development; managing and budgeting costs; coordinating with venues, and caterers and overseeing the set-up, execution and cleanup of events; organizing audiovisual equipment and other materials in advance; attending and monitoring or facilitating activities as appropriate.

3. Training: Skilled and experienced in instructional design, needs analysis, and evaluation; training development and delivery techniques and principles; effective facilitation and presentation skills.

4. Organizational and process improvement: Knowledge of or experience in business and management principles involved in strategic planning, resource allocation, leadership technique, production methods and coordination of people; practices and procedures of administrative systems typical to complex organizations; qualitative and quantitative techniques for analyzing and measuring the effectiveness, efficiency and productivity of administrative and technical programs; and process improvement methods. Preferred knowledge of or experience with governmental agencies, particularly in transportation or public works.

MINIMUM SUBMISSION REQUIREMENTS

2.2.1 Proposal Submissions “Pass/Fail”

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

Technical Proposal Executive Summary ( Include in Technical Proposal) Disclosure Exemption Certification (Attachment B) – submit only 1 copy if applicable - see Proposal Format and Quantity section below)

· Proposer Information and Certification Sheet (Attachment C including Appendix 1 References) Price Proposal Form (Attachment E) Key Persons Resumes

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

2.2.2 Proposal Page Limits

Proposal including Executive Summary is limited to 3 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 including Appendix 1 References)

· Price Proposal (Attachment E)

· Key Persons Resumes One (1) page is defined as: one side of a single 8-1/2" x 11" page that meets the font size requirements stated in subsection 2.2.3. Any page over this size will be counted as 2 pages.

2.2.3 Proposal Format

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Proposals and Key Person Resumes must use 12-point font size for the substantive text. Proposers may use their discretion for the font size of other materials that do not include substantive text (e.g. graphics, picture or graphics captions, and organizational charts).

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 2.3.3 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

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 hyperlinks, 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 3 references from current or former client firms for similar projects performed within the last 10 years. List the reference contact information in Attachment C, Appendix 1. 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 detailed Price Proposal must include the following items:

For each activity described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs, The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work, and list the salary/wage and fringe rate separately for each such individual.

Agency reserves the option of negotiating billing rates and costs with the successful Proposer.

2.3.4 Key Persons Resumes

Specify key persons to be assigned to this project, and include a current resume in a 12-point font size (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience for the Work described. Key person resumes must show how the Proposer’s Key Persons meet the requirements requested in section 2.1 above and described in Attachment A, Sample Contract, Exhibit A.

2.3.5 Technical Proposal

Key Persons Qualifications – Demonstrate qualifications and relevance of experience for how Key Persons would carry out the major activities of this project in context with the Scope of Work.

General Qualifications and Experience on Similar Projects – Describe Proposer’s experience on the projects listed as references for this RFP. Briefly describe the Proposer’s role in the projects, the project outcomes and whether the projects were completed on schedule and budget.

Capabilities and Project Approach – Demonstrate Proposer’s capabilities and capability to accommodate varying levels of work and firm’s approach to adjusting schedules when needed.

Clarity of Proposal – Provide a Proposal that is organized and provide clear and concise responses that correlate with the order of the evaluation criteria.

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.

PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule, RFP section 1.2. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the pre-Proposal conference is to:

Provide additional description of the Certification Program, CUG, project and the schedule;

Explain the type of experience and skillset needed to perform the work;

Explain the RFP process; and Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing through OregonBuys.

Interested parties are highly encouraged to participate in the Pre-proposal Conference on June 7, 2022, 10am – 11am PT, Join Teams: Click here to join the meeting or Calling: 481427035

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/Single Point of Contact identified in OregonBuys for this RFP. No phone calls;

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.

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 Contract. 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.

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.

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.

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.

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.

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.

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 Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) following receipt of Intent to Award notice as required in RFP section 4.3.4.

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 - Key Persons Resumes Max Points: 20 Demonstrate qualifications and relevance of experience as it relates to the Scope of Work described in Attachment A, Sample Contract, Exhibit A and as requested in the RFP, section 2.1 (20 points).

3.10.2.2 Evaluation Item 2 - Proposer’s General Qualifications Max Points: 40 Describe Proposer’s qualifications to perform and deliver the following key services, including any limitations:

· Experience with stakeholder engagement, including: mission, vision and goal creation; work plan development; problem solving, managing expectations, team facilitation, and conflict management; and communication methods. Preferred experience in intergovernmental relationships, particularly in transportation or public works. (10 points)

· Experience with workshop or event planning, including: agenda development; managing and budgeting costs; coordinating with venues; overseeing setup, execution, and cleanup; organizing audiovisual equipment and other materials in advance; and attending and facilitating activities. (10 points)

· Experience with training development and delivery, including in-person and electronic learning and meeting hosting tools. List any programs or other resources used and the level of proficiency in each. (10 points)

· Experience with organizational and process improvement methods, preferably with governmental agencies, particularly in transportation or public works. Provide all information necessary to demonstrate Proposer’s experience and describe how that experience informs their approach to facilitation, team building, conflict or issues resolution, and change management. (10 points)

3.10.2.3 Evaluation Item 3 - Proposer’s Capabilities Max Points: 30 Demonstrate Proposer’s capability and capacity to complete the requested Services. Response must include:

· An explanation describing how Proposer can accommodate varying levels of work assigned upon Agency Project Manger’s request under the draft statement of work, including any limitations, and work for Proposer’s other customers (15 points); and

· Describe your firm’s approach to adjusting schedules when needed and ability and willingness to provide the request services statewide (15 points).

3.10.2.4 Evaluation Item 4 - Clarity of Proposal Max Points: 20 Scoring will be based on clarity of Proposal:

· Organized and formatted in accordance with the instructions in sections 2.2 and 2.3 in the RFP (5 points);

· Proposer provided clear and concise responses that correlated with the order of the evaluation criteria for ease of reading (15 points).

3.10.2.5 Evaluation Item 5 – References Max Points: 15

The Purchaser will base scoring on Proposer providing 3 references from current or former client firms for similar projects performed within the last 10 years. Proposer shall list the reference contact information and a detailed description of Services provided in Appendix 1 of RFP Attachment C.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. (5 points each).

3.10.3 Price Evaluation Max Points: 20

Following scoring and ranking of Proposals based on the qualifications-based criteria, the Purchaser will conduct the price evaluation using information provided by Proposer using Attachment E Price Proposal. The Purchaser 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

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

Proposer A receives 20 points for the lowest price.

Proposer B receives a proportion of the points, calculated as follows:

3.10.4 Preferences

3.10.4.1 Oregon Supplies and Services [Reserved]

3.10.4.2 Reciprocal Preference [Reserved]

3.10.4.3 Recycled Materials [Reserved]

3.10.4.4 Tiebreakers

Oregon Supplies: If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator and the maximum points possible for each evaluation item are listed in the table below.

The Purchaser will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Purchaser as stated in section 3.10.3 - Price Evaluation.

The references for each Proposal is scored by the Purchaser as stated in section 3.10.2.5.

RANKING OF PROPOSERS

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

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

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

NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if, in 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.

3.13.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:

Be emailed to the Purchaser;

Reference the RFP number;

Identify Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest; and Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

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

ADDITIONAL ROUNDS (Optional at Agency’s discretion)

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 100 points.

· Interviews may be in person at a location determined by Agency; however, Agency may elect to conduct interviews via teleconference or video conference;

· As an alternative to interviews, Agency may elect to send follow-up questions via email to Proposers in the Competitive Range. Agency must receive Proposers’ responses to the follow-up questions by the deadline set forth in the email to Proposers. Agency may conduct face-to-face interviews if determined necessary after conducting written follow-up questions.

· Further details regarding interviews or follow-up questions will be included with Notice of Competitive Range.

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 the replacement information, which shall comply with the requirements of Section 3 and each of the Items listed below; and

· Include a redlined version of the Sample Contract (attached to the RFP as Attachment A) and any and all other documents applicable to the requests set forth in the RFP or applicable Addendum; 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 R; and

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

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the Purchaser will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

SECTION 1: AWARD AND NEGOTIATION

1.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3.11. 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 Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

1.2 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 Contract 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 Contract 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.

1.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) selected for a Contract 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 Exhibit B of Attachment A.

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 Contract. Visit Oregon Business Registry 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 Contract 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 Oregon Pay Equity Compliance. 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 Contract.

4.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract 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 Contract and a failure to comply constitutes a breach that entitles Agency to terminate the Contract 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.

4.3.8 Price Information

Billing rates and price data may not be discriminatory against Agency. It is discriminatory against Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances.

Detailed Breakdown of Cost – A detailed Breakdown of Cost must be submitted no later than 5 Business Days after Agency and selected Proposer agree on scope and finalize the statement of work. The Breakdown of Cost (using the fully loaded billing rates submitted for scoring) must include all labor, profit and expenses to complete each task and deliverable of the Services as follows:

· Proposed staff assignments (job classifications and names) and hours per task and sub-task;

· Hours per task and sub-task for each subcontractor, if any, with job classifications and names;

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

· Contingency Tasks. These are tasks that may or may not be required based on…