35436_RFP.docx

ORBuys Bid Solicitation #: S-10900-00005121

(PCMS RFP #: 35436)

Request for Proposals:

ODA Pavement Maintenance Program

Price Agreement – Professional Services and Related Services

Oregon Department of Aviation

Notes:

· OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). See RFP section 0.1 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

· Hyperlinks: This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this RFP.

· Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Buyer”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Ending Date” and time in OregonBuys).

RFP Issue Date: See “Available Date” for this RFP in OregonBuys

Proposal/Quote Due Date: 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.

NOTE TO PROPOSERS:

The Oregon Department of Transportation (“ODOT”) is conducting this RFP on behalf of the Oregon Department of Aviation (“ODA” or “Agency”). ODOT is one of the state agencies that provides critical public services to Oregonians.

There will be no pre-Proposal conference for this RFP

Electronic Files Linked or Attached to RFP. This RFP document must be viewed electronically to access files, forms, provisions or other documents that are attached electronically (shown as icons) or provided via hyperlinks from the Internet in this RFP. All files, forms, provisions or other documents attached electronically or linked from the Internet are incorporated in this RFP with the same force and effect as though fully set forth in this RFP.

TABLE OF CONTENTS

Section 0.0 OREGONBUYS, RFP ATTACHMENTS, SOLICITATION SCHEDULE

0.1 OREGONBUYS

0.1.1 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 (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf).

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. ODOT and Agency shall not be responsible for defective registration or incorrect vendor information.

0.1.2 CROSSWALK of TERMS used in OREGONBUYS

0.2 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 (https://oregonbuys.gov/bso/ )“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.

0.3 SOLICITATION SCHEDULE

* Proposer, by submitting a Proposal, commits to and will be expected to make best efforts to accommodate the negotiation schedule above if selected for intent to award. See Section 2.4 Negotiations.

For purposes of this RFP:

“Agency” or “ODA” means Oregon Department of Aviation;

“Airport Sponsor” or “Sponsor” means a public agency with control of a public-use airport or a private owner of a public-use airport;

“AGIS” means Airport Geographic Information System;

“business days” means calendar days, excluding Saturdays, Sundays and all State recognized holidays;

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

“Certified Firm” or “Certified Small Business” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity as “disadvantaged business enterprise”, “minority-owned business”, “woman-owned business”, “emerging small business” or “a business that a service-disabled veteran owns”;

“COBID” means Certification Office for Business Inclusion and Diversity;

“days” means calendar days;

“FAA” means Federal Aviation Administration;

“navaid” means a physical device on the ground that aircraft can detect and fly to;

“NPIAS” means National Plan of Integrated Airport Systems;

“PMP” means Pavement Maintenance Program;

“Price Agreement” or “PA” ” (referred to as “Master Blanket Purchase Order” or “MBPO” in OregonBuys) means the written document of understanding with no guarantee of a minimum or maximum purchase, negotiated between Agency and a consultant for the provision of services, which contains contract clauses and pricing information that will apply to potential future contracts during its term to be established through Work Order Contracts that will incorporate the required and applicable provisions of the Price Agreement;

“Professional Services” means architectural, engineering, photogrammetric mapping, transportation planning or land surveying services that are required to be performed by an architect, engineer, photogrammetrist, transportation planner or land surveyor and that must be procured using qualifications-based selection procedures [see ORS 279C.100 and ORS 279C.110];

"Proposal" means a written response to a Request for Proposals;

“Proposers” (referred to as “Vendor” in OregonBuys) means all firms submitting Proposals; and after negotiations, an awarded Proposer will be designated as “Consultant”;

“Qualifications Based Selection” or “QBS” means evaluating and scoring Proposals based on qualifications, experience and project approach, without considering cost;

“Related Services” has the meaning provided in ORS 279C.100;

“RFP” (referred to as “Bid Solicitation” in OregonBuys) means Request for Proposal;

“Scope of Services” 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 an executed Work Order Contract;

“State” means State of Oregon;

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

“Work Order Contract” or “WOC” (referred to as “Release Requisition” in OregonBuys) means the contract formed between Consultant and Agency by an executed work order. The executed WOC includes the SOW for a specific project, method of compensation, not-to-exceed dollar amount, and incorporates required and applicable provisions of the PA. A sample WOC form (as may be revised from time to time by Agency) is available at the following link: https://www.oregon.gov/ODOT/CS/OPO/docs/aepage/WOC.doc#wocform.

“Writing” means letters, characters and symbols made in electronic form or inscribed on paper and intended to represent or convey particular ideas or meanings.

Note: Though not defined, the terms “subconsultant” and “subcontractor” are used interchangeably in this document.

1.1.2 SUMMARY OVERVIEW

The Oregon Department of Aviation (“Agency” or “ODA”) is seeking Proposals from Professional Services consultants to provide aviation design and engineering, preparation of specifications, and supervision services of construction for airport Pavement Maintenance Program (“PMP”) projects at various paved public-use airports throughout the state of Oregon. Services shall be for NPIAS and non-NPIAS airports, including airports owned and managed by the Agency, through WOCs issued under one PA for A&E and Related Services. All firms or individuals submitting proposals are referred to as Proposers in this document; after negotiations, the Proposer awarded a Price Agreement will be designated as the Consultant. Proposers responding to this RFP do so solely at their expense, and Agency is not responsible for any Proposer expenses associated with this RFP. The policy of the State of Oregon is to select contractors based on demonstrated qualifications and competence to perform the required services, encourage competition, and discourage favoritism.

General Background Information:

For purposes of this RFP and the PA, the terms “Sponsor” and “Airport Sponsor” refers to the entity that owns the airport. The requested services will be performed and funded under the statewide PMP authorized by the State Legislature and administered through the ODA. The PMP is funded with State Aviation Fuel Tax revenues dedicated to the PMP and with Airport Sponsor matching funds ranging from 5% to 50% based on the airport’s category designation in the Oregon System Plan. Annual program revenue available for the PMP is anticipated to be $700,000 to $1,000,000. Final budget is set by the ODA Director, based upon the ODA-adopted budget and actual program revenue.

The purpose of the PMP is to assist Oregon's Core System Airports in reducing the backlog of airport pavement maintenance needs. The PMP recommends pavement maintenance on a regional, four-year cycle at 58 airports throughout Oregon. Maintenance needs are determined by independent on-site inspection and pavement condition index analyses using MicroPaver software. Proposers are encouraged to read the PMP “10 Year Performance Review” which can be found at:

https://www.oregon.gov/aviation/plans-and-programs/Documents/PMP/PMP%20Ten%20Year%20Performance%20Review.pdf.

The engineering services will include maintenance project scoping, engineering design, preparation of specifications, bidding assistance and supervision of construction. .

The design, specifications, and construction of all PMP projects must be in accordance with current FAA Advisory Circulars, which include detailed and specific information for Architectural, Engineering and Planning Consultant Services for Airport Grant Projects..

FAA Advisory Circulars 150/5100-14E (http://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-14) and 150/5070-6B (https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.information/documentID/22329 )

Some, but not all elements of the work items to be designed or supervised, or both, will include:

· Rehabilitation/reconstruction and maintenance of runways, taxiways, taxilanes and tie-down aprons;

construction pavement maintenance projects of runways, taxiways and hangar taxilanes; repairs to runways, taxiways, taxilanes, and aircraft tie-down aprons. Some, but not all elements of PMP may include but are not limited to the following:

· Fog Seal

· Slurry Seal

· Crack Seal

· PCC Crack and Joint Seal

· AC Patching

· Pavement Marking Removal and Restriping

· Asphalt Overlay

Some but not all of the following additional architectural and engineering services may be required during the five-year PA term:

· PMP program development;

· Yearly scoping and cost analysis of future projects;

· Yearly design of airport pavement maintenance projects such as crack seal, fog seal, slurry seal, pavement marking removal and application;

· Design of airport pavement removal and overlay construction.

· Preparation of National Environmental Protection Association (“NEPA”) required documentation related to particular airport pavement maintenance projects.

· Preparing, coordinating and incorporating Biological Assessments (“BA”), environmental monitoring and reporting for both design and construction as required by the FAA for coordination with both US Fish and Wildlife and US Department of Agriculture for threatened and endangered species, if applicable.

· Incorporation of FAA Airport Surveying GIS Program or Magnetic Variation elements if dictated by the FAA.

· Construction Safety Phasing Plans

· Coordination with airport sponsors

· Coordination with the Pavement Evaluation Program (“PEP”) consultant in determining yearly regional projects (using MicroPaver).

· Yearly program scoping and cost estimates per airport project and by program.

The following additional services may be required during the PA period for particular airport pavement maintenance projects:

· Updating airport layout plans and Exhibit ‘A’ property maps of the airport layout plans, when required;

· Land surveying if necessary and determined by project need;

· Advice on land use and environmental issues, including wetlands mitigation;

· Scoping and cost analysis of future projects;

· Design and supervision of airport maintenance projects such as sewer line extensions, utility corridors, and assistance with pavement maintenance projects.

The Services that may be assigned under WOCs are further described in Exhibit A, Scope of Services of the sample PA (RFP Attachment A).

The successful Proposer shall enter into an agreement with the ODA and shall be able to obtain Commercial Liability insurance of $1 million and the other insurance coverages of the types and amounts as required by Exhibit C of the Sample Price Agreement (“PA”), RFP Attachment A. Consultant shall perform Services pursuant to WOCs only after they are signed by Agency and Consultant, and all the appropriate State approvals have been obtained. All WOCs incorporate by reference the terms and conditions of the PA. Due to the use of WOCs, the Price Agreement is in the nature of an agreement to agree.

It is anticipated a five-year PA will be awarded on or about February 1, 2023. The PA may be limited to a maximum, not-to-exceed compensation amount of $6,000,000.00 for all Projects assigned to the Consultant by WOC. Agency retains the option of extending the term of the PA (see WOC Assignment Period, below) and to amend the PA for additional compensation, contingent upon need for additional Services and the availability of Agency’s approved funding.

Agency and the successful Proposer may negotiate a Statement of Work for the PA and each WOC issued within the scope of services described in this RFP.

The parties may agree to amend or modify the awarded Price Agreement in accordance with OAR 731-146-0200.

Future Work Limitations (For these purposes, “Affiliate” or “Affiliates” of a consultant means any Person or entity that controls, is controlled by or is under common ownership or control with that consultant.):

· If a consultant or an Affiliate of consultant enters into a personal services contract for the purposes of administering, managing, monitoring, inspecting, evaluating compliance with or otherwise overseeing a public contract, that consultant or an Affiliate of that consultant will not be eligible to enter into a public contract that is subject to administration, management, monitoring, inspection, evaluation or oversight by means of the personal services. See ORS 279C.307.

· If a consultant or any Associate of consultant enters into personal services contract(s) with Agency for the purpose of advising or assisting in developing specifications, a scope or statement of work, an invitation to bid, a request for proposals or other solicitation documents and materials related to a given procurement, the consultant may not be eligible to propose/bid on the prospective procurement (based on a case-by-case assessment by Agency).

Quantity of PAs Awarded: It is anticipated that one Proposer will be selected for PA award from this solicitation. Agency, in its sole discretion, may select more Proposers based on the Proposals submitted, the results of the evaluation, and Agency’s capacity needs for the Services.

Offer Period: A Proposer's Proposal is a firm offer, irrevocable, valid and binding on the Proposer for not less than 180 days following the closing date for this RFP. Agency may request, either orally or in writing, that Proposer extend the offer period in writing.

Contingent upon Agency need and available funding, Agency may (for up to 9 months following the close of this solicitation), in Agency’s sole discretion, make additional award(s) from this RFP. Agency may select the next ranked responsible Proposer who has submitted a responsive proposal (provided Proposer agrees to an extended offer period, which would cover the balance of the 9 months, if at that time the offer period stated in the paragraph above has expired or soon will expire), issue an Intent to Award 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 reserves the right to require confirmation of the qualifications of any Proposer.

WOC Assignments: Specific projects will be assigned as needed by Agency via WOCs. The WOC Assignment process is described in Exhibit F of the sample PA (RFP Attachment A). There is no guarantee that any specific amount of Services will be assigned or any overall dollar amount will be expended through the duration of the PA. Any WOC SOWs must be within the Scope of Services described in this RFP. Assigned WOCs will identify a schedule for delivery, costs, and include or incorporate by reference an SOW with clearly defined tasks and deliverables.

Agency reserves the right to conduct a separate solicitation for any project (or bundled projects), and to make assignments to firms under other contracts or PAs.

PA Duration: PAs are anticipated to be effective by February 1, 2023. PAs will have a limited WOC assignment period but will not expire until the later of: a) the end of the WOC Assignment Period, including any extensions, or b) when all WOCs assigned under the PA are completed, have expired, or have been terminated in accordance with their terms.

WOC Assignment Period: WOCs may be assigned for a period of 5 years from the execution date of the PA. Any WOCs assigned may be amended (including before and after expiration of the WOC assignment period), within the scope of the assigned WOC, as reasonably necessary to complete the needed Services or subsequent phases of phased development WOCs. A WOC is considered assigned when Agency has issued notice of WOC assignment to the selected firm. All WOC assignments are tentative until negotiations are successfully completed, all required signatures have been obtained on the WOC, and ODA has issued a Notice to Proceed to Consultant.

Performance Evaluation: Agency intends to conduct performance evaluations on each assigned WOC and may conduct evaluations on each phase of a WOC (see Performance Evaluation - Exhibit G of the attached Sample PA). Poor performance on assigned WOCs may result in withholding of retainage and negatively impact a Consultant’s eligibility for any or all of the following: i) amendments to extend the WOC assignment period if applicable, ii) WOC assignments under this or other PAs and iii) selection under other Agency solicitations. Agency may conduct a separate solicitation near the end of the initial WOC assignment period to replace Consultants that do not receive an extension of the WOC assignment period.

Funding Source(s) for WOCs:

Local, State, ODA

PA Not-to-Exceed (“NTE”) Amounts:

The individual PAs will not have their own separate NTEs. Instead, the anticipated collective maximum NTE amount for all of the PAs derived from this RFP is $6,000,000.00. Agency will use this collective maximum NTE amount for assignment of WOCs under all of the PAs.

Contract Payment: Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with WOC/PA requirements and all applicable standards. The method of compensation will be determined by Agency for each WOC and may be based on any of the following methods (may include more than one method – “Mixed”):

· Cost Plus Fixed-fee, up to a maximum NTE WOC amount;

· Fixed Price for all Services; Fixed Price per Deliverable; Fixed Price per Milestone;

· Time and Materials, up to a maximum NTE WOC amount;

· Price Per Unit.

(See RFP Attachment A, Exhibit B - Compensation, for further information.)

DBE Participation Goals: For USDOT-assisted WOCs (contracts that utilize FAA funds), the Federal Disadvantaged Business Enterprise (“DBE”) program requirements under 49 CFR Part 26 will apply. DBE participation goals are set forth in ODA’s DBE Program Plan approved by the FAA (https://www.oregon.gov/aviation/Documents/DBE%20Program/2021-2023/ODA%20-%20DBE%20Program%2020201221.pdf).

Proposers shall demonstrate ability to meet DBE goals that may be assigned to WOCs. Proposers should not assume that a minority-owned business enterprise (“MBE”), a woman-owned business enterprise (“WBE”), a business owned by a service-disabled veteran (“SDV”) or an emerging small business (“ESB”) is currently certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) as a DBE firm. Proposers are encouraged to verify the DBE firms’ certification by:

1) Requesting a copy of the DBE certification letter from the committed DBE firm; or

2) Contacting COBID at (503) 986-0075. Proposers may also access the updated certification list by accessing COBID’s Internet Web Page address at: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp

See RFP Attachment A, Sample PA:

· Exhibit E for DBE provisions and reporting requirements applicable to WOCs with DBE goals assigned, and

· Exhibit E.1 for DBE provisions and reporting requirements applicable to federally funded WOCs with no DBE goal assigned.

1.1.3 PROCUREMENT AUTHORITY AND METHOD

Procurement Authority. ODOT is conducting this RFP on behalf of Agency according to its authority under OAR 731-003-0005.

Procurement Method. Agency is conducting this RFP in conformance with ORS 279C.110 and OAR 731-148-0220 – Formal Selection Procedure and OAR 731-148-0270 – Price Agreements.

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

1.2 QUESTIONS AND CLARIFICATIONS

1.2.1 PROPOSER QUESTIONS

All inquiries regarding this procurement, whether relating to this RFP process, administration, deadline or award, Scope of Services, potential COI issues, or to the intent or technical aspects of the services must be submitted via email to the Purchaser identified in OregonBuys for this RFP. Failing to follow the foregoing requirements regarding the Single Point of Contact for inquiries may result in Proposal rejection by Agency. All questions must be submitted not later than the Deadline for Proposer Questions set forth in RFP section 0.3 - Solicitation Schedule.

Answers to questions Agency receives will be posted in OregonBuys to ensure that all Proposers base their Proposals on the same information. Responses to questions provide clarifications and interpretations but do not change RFP requirements. When appropriate, as determined by Agency in its sole discretion, revisions, substitutions, or clarifications of this RFP or attached terms and conditions will be issued as official addenda to this RFP. Changes or modifications to this RFP shall be binding on Agency only if in the form of written addenda published on OregonBuys.

1.2.2 ADDENDA (referred to as “Amendment” in OregonBuys)

Addenda/modifications, if any, to this RFP will be published in OregonBuys as “Amendment”(s). Prospective Proposers are solely responsible for checking OregonBuys (https://oregonbuys.gov/bso/) to determine whether or not any addenda have been issued. Addenda are incorporated into this RFP by this reference.

1.2.3 QUESTION AND ANSWER DOCUMENTS

Question and Answers will be posted on OregonBuys to respond to inquiries that Agency determines, in its sole discretion, do not effect changes to this RFP. Question and Answer documents provide clarifications and interpretations but do not change RFP requirements.

Potential Proposers may submit a written protest of anything contained in this RFP and may request a change to any provision, specification or PA term contained in this RFP. Potential Proposers must submit protests concerning this RFP and requests for change to any particular provisions, specifications, or PA terms contained in this RFP, to the email of the Procurement Specialist/Single Point of Contact identified OregonBuys for this RFP. Protests and requests for change must be submitted in writing (via email) not later than 7 calendar days prior to the Proposal submittal deadline. Agency will not consider any protest to this RFP or request for change submitted after this deadline. Each protest and request for change must include the reasons for the protest or request (supported by factual documentation) and any proposed changes to this RFP provisions, specifications or PA terms. Agency will resolve all timely submitted protests in accordance with OAR 731-148-0240(2). Agency will address all timely submitted requests for change within a reasonable time following Agency’s receipt of the request and once addressed, will promptly issue a written decision on the request to the Proposer who submitted the request. The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of addenda to this RFP, unless the addenda specify a different deadline.

1.3.2 AWARD PROTEST REQUIREMENTS

Following Agency’s evaluation process, every Proposer who submits a Proposal shall be notified by Procurement Specialist of its selection status. Any Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked/the higher ranked Proposer(s) must submit a written protest of the selection to the email of the Procurement Specialist or Single Point of Contract identified in OregonBuys for this RFP no later than 7 calendar days after the date of the Intent to Award notice. Agency will not consider any protest submitted after this submittal deadline. Agency will not consider award protests based on terms or requirements contained in this RFP – solicitation protests must be submitted during the solicitation protest period described in section 1.3.1. The protesting Proposer must claim that protesting Proposer is the highest ranked Proposer or is within the class of higher ranked Proposers with whom Agency will negotiate PAs because the Proposals of all higher ranked Proposers failed to meet the requirements of this RFP or because the higher ranked Proposers otherwise are not qualified to perform the Services. Agency will resolve all timely submitted protests in accordance with OAR 731-148-0240(3). Proposers who have been notified that they were not selected may contact the Procurement Specialist/Single Point of Contact (identified in OregonBuys for this RFP) to request copies of the evaluation documentation.

1.3.3 COSTS AND DAMAGES

All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's expense. The State and Agency shall not be liable for the Proposer's damages or costs for filing the protest or to any participant in the protest, on any basis, express or implied.

1.4 “PASS/FAIL” PROPOSAL SUBMITTAL REQUIREMENTS

Proposals must comply with all of the following Pass/Fail criteria to be considered for further evaluation. Proposals with items in this section 1.4 marked as “PASS/FAIL” that are incomplete (except for minor informalities), not submitted by Proposal due date and time, or are otherwise not in substantial conformance with the requirement, will be rejected as non-responsive.

1.4.1 PROPOSAL SUBMITTAL DEADLINE (PASS/FAIL)

Agency will not accept Proposals submitted after the Bid Opening Date and time for this RFP in OregonBuys.

1.4.2 TERMS AND CONDITIONS (PASS/FAIL)

Unless an official addendum has modified or reserved the right to negotiate any terms and conditions contained in the PA or exhibits thereto, Agency will not negotiate any term or condition after the solicitation protest deadline, except SOW and pricing information with the apparent successful Proposer(s) per section 2.4. By Proposal submittal, the apparent successful Proposer(s) agree(s) to be bound by the Oregon Department of Aviation Terms and Conditions as set out in RFP Attachment A – Sample Price Agreement, and as they may have been modified or reserved by Agency for negotiation. Any Proposal that is received conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate will be rejected. Any subsequent negotiated changes may be subject to prior approval by the Department of Justice.

Government bodies subject to ORS Chapter 190 do not bid or compete on the same basis as private sector Proposers; however, Agency will initially review Proposals from government bodies according to the same evaluation criteria described in this RFP. Government bodies submitting a Proposal must comply with all applicable Proposal requirements described in this RFP. In addition to any other Proposer selection, Agency may enter into an ORS Chapter 190 agreement with any government body for the Services. Alternatively, Agency may cancel this RFP if it would be in the public interest as determined by Agency, and enter into an ORS Chapter 190 agreement with a government body.

1.5 “REQUIRED” PROPOSAL SUBMITTAL ITEMS & SCORING DEDUCTIONS

Scoring Deductions:

· Proposals will receive a 2% scoring deduction, based upon the total available points, for each item in this Section 1.5 marked as “REQUIRED” that is incomplete (except for minor informalities) or that is not submitted with the Proposal in substantial conformance of the requirement. Incomplete or missing items must be completed and submitted within 2 business days of e-mail request by Procurement Specialist (this does not apply to “PASS/FAIL” items which must be submitted by Proposal due date and time). Missing or incomplete items must be submitted via email to the Procurement Specialist on page 1. Failure to complete and deliver missing or incomplete “REQUIRED” items within 2 business days of request by Procurement Specialist shall result in Proposal rejection. Time limitations will be based upon the time of the e-mail sent by Agency and the time of Issuing Office’s receipt of the missing or incomplete items.

· Only one scoring deduction will be applied per deficiency. For example, if a minimum qualification is not listed on the Cover Sheet, one 2% deduction will be applied (rather than a 2% deduction for a missing minimum qualification and another 2% for an incomplete Cover Sheet).

· Proposals not in conformance with the font requirements for substantive text (including text in tables) will receive a 2% scoring deduction and will not be sent back to Proposer for correction.

· Scoring deductions are on an average score per Proposal basis and not a deduction per evaluator. For example, if a Proposer received an average score of 92 points from the evaluation committee, a 2% scoring deduction would result in a Proposal score of 90. (Percentage will be rounded to either the lower number if under .5% or to the higher number if .5% or over.)

1.5.1 COVER SHEET (REQUIRED)

The Proposal must include a completed Cover Sheet in the form as set forth in RFP Attachment C, signed by a duly authorized representative empowered to bind the Proposer (at least one signature showing on the PDF of the Cover sheet). Any cover letters submitted in addition to the required Cover Sheet will not be forwarded to the evaluation committee.

On the Cover Sheet (or a separate page attached to the Cover Sheet), Proposer must identify the sections of the Proposal, if any, Proposer claims to be exempt from disclosure pursuant to Oregon Public Records Law, ORS 192.311 through 192.478. Proposer shall list sections, paragraphs, pages, etc., and the specific ORS citation(s) that Proposer claims provides for exemption of each listed section. (See RFP section 1.6.)

1.5.2 MINIMUM QUALIFICATIONS - RESERVED

1.5.3 FORMAT FOR PROPOSAL SUBMITTALS; PAGE LENGTH LIMITATION

a. (REQUIRED) Proposals must use 12-point minimum font size for the substantive text (including text in tables) with the following exceptions which should use an 11-point minimum font size: RFP Attachment C – Proposal Coversheet, references (if required), “Key Staff Resumes” (if required), and COI Disclosure Form (if required). 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).

b. RESERVED

c. RESERVED

d. The Proposal must not exceed 8 pages, excluding Cover Sheet (RFP Attachment C) and any of the following forms (if required in this RFP): References, Conflict of Interest form(s), Request for Tax ID Number form, and Subcontractor/Supplier Solicitation and Utilization form. If a Proposer submits a Proposal exceeding this limit, Agency will consider the pages up to that allowable number and discard all subsequent pages. The Proposer may choose how to allocate pages between any sections, within the overall page limit.

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 “a” above. Any page over this size will be counted as 2 pages. Any page, partial page, tabs, indexes or table of contents with substantive text, tables, graphics, charts, resumes, etc., will be counted as 1 page.

1.5.4 REQUIRED SUBMITTALS VIA OREGONBUYS

Proposer must complete and submit the following items via OregonBuys before the Bid Opening Date and time specified in OregonBuys for this RFP (submittals by any other means will be rejected):

1) (REQUIRED) A single PDF file of the Proposal. The Proposal Cover Sheet (RFP Attachment C) may be included as part of the single PDF file of the Proposal or may be in a separate file. ( To the maximum extent practicable, the Proposal, Proposal Cover Sheet and all other submittal items should be compressed/optimized so the combined total size does not exceed 6 megabytes*.)

2) (REQUIRED) COI Disclosure Forms (if any must be submitted per section 1.5.5).

3) (REQUIRED) Provide 3 references for relevant projects as required in RFP section 2.1.3. The Reference Form (available at: https://www.oregon.gov/odot/Business/Procurement/DocsPSK/References.docx) must be submitted with the Proposal (separate file from the Proposal) but is not included in the Proposal page count.

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

1.5.5 CONFLICT OF INTEREST (COI) DISCLOSURE (REQUIRED)

(REQUIRED) Proposer must indicate on RFP Attachment C - Proposal Cover Sheet (by checking the appropriate checkbox in the signature certification section) that the Proposer, its subcontractors and all other “Associates” (as that term is defined in the ODOT COI Guidelines) are in compliance with all COI disclosure guidelines, or submit COI Disclosure form(s) if applicable.

The ODOT COI Guidelines and COI Disclosure Form are available at the following Internet site: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx under “Miscellaneous Procurement Forms”.

1.5.6 REFERENCES (REQUIRED)

Provide 3 references for relevant projects using the form provided in Section 2.1.3. Reference forms must be submitted with the Proposal but are not included in the Proposal page count.

1.5.7 REQUEST for TAX IDENTIFICATION NUMBER (“TIN Request”) (REQUIRED) Submittal of a completed TIN Request form (www.oregon.gov/odot/business/procurement/docspsk/tinreq.docx) is required under this solicitation.

1.5.8 EARLY WITHDRAWAL OF PROPOSAL

If Proposer wishes to withdraw or make modifications to a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button, prior to the Bid Opening Date and time for this RFP in compliance with OAR 731-146-0150(3)(c).

1.6 PUBLIC RECORDS

This RFP, and one copy of every Proposal received in response to it, together with copies of all documents pertaining to the award of the PA(s), shall be kept by Agency and made a part of Agency’s records. Proposals shall be open to public inspection in accordance with ORS 279C.107. If a Proposal contains any information that may be considered exempt from disclosure as a trade secret under either ORS 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate on or with the Proposal the portions of its Proposal which Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal in whole as trade secret, confidential or otherwise exempt from disclosure is not acceptable. In such circumstances, Agency will require Proposer to submit a memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims to be exempt.

If Proposer fails to identify, on or with the Proposal, the portions of the Proposal Proposer claims are exempt from disclosure and the authority used to substantiate that claim, Proposer is deemed to have waived any later claim of an exemption or request for nondisclosure of that information.

Any Proposer that does not comply with these requirements may have its Proposal rejected.

Application of the Oregon Public Records Law or other applicable law shall determine whether any information is actually exempt from disclosure. Agency will not be held liable for any disclosure of information which Proposer considers to be exempt from disclosure if required by a Public Records Order. Notwithstanding any rights under 17 USC 101 et seq., (the United States Copyright Act), when Agency is required to provide copies of the non-exempt portion of the Proposal pursuant to a Public Records Order, Proposer hereby grants a license to Agency to copy those portions of the Proposal that are subject to disclosure.

By submitting a response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.

1.7 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.

2.1.1 PROPOSAL EVALUATION

Agency will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 731-148-0220 and this RFP. Agency will review Proposals for conformance with the Pass/Fail and REQUIRED criteria identified in Sections 1.4 and 1.5. Proposals meeting all Pass/Fail criteria (including submittal of all REQUIRED items in the time allowed) will be forwarded to an evaluation committee of at least 3 members that will independently review, score and rank Proposals according to the Scoring Criteria set forth in Section 2.2. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in this RFP with the responsiveness and the relevance of experience and qualifications presented in the Proposal. Agency will not evaluate any proposed prices for Services as part of the evaluation process.

The outcome of the Evaluation process may, in Agency’s sole discretion, result in:

(a) notice to Proposer(s) of selection or rejection for PA negotiation and possible award;

(b) further steps to gather additional information for evaluation, (e.g. checking references, notice of placement on an interview list, requesting clarification); or

(c) cancellation of this RFP and either re-issuance of the RFP in the same or revised form or no further action by Agency with respect to this RFP.

Agency may reject any or all Proposals and may cancel this RFP at any time if doing either would be in the public interest as determined by Agency. Agency is not liable for any costs a Proposer incurs while preparing or presenting the Proposal or during further evaluation stages. All unreturned Proposals submitted in response to this RFP will become property of Agency and part of the public file.

2.1.2 INTERVIEWS AND FOLLOW-UP QUESTIONS

Interviews or follow-up questions may be conducted and scored at the discretion of Agency. Evaluation of the optional interview or other requested information will be within the parameters of the following criteria:

· Understanding of Requested Services

· Technical Approach

· Project Management/Cost Effectiveness

· Proposer’s General Qualifications

· Proposer’s Capabilities

· Proposer’s Relevant Experience

· Project Team and Qualifications

If interviews or follow-up questions are conducted, the following will apply:

· A minimum of 3 evaluators shall score the interviews/follow-up questions (the evaluation committee for interview/follow-up questions may or may not include the same evaluators from the scoring of the written Proposals).

· The interviews or follow-up questions will have a maximum score of 20 points.

· Agency will, to the extent practicable, select the 3 highest ranked Proposers for interviews or follow-up questions. Agency, in its sole discretion, may increase or decrease the number of Proposers selected for interviews or follow-up questions if there is a natural break in the scores.

· As an alternative to interviews, follow-up questions may be sent via e-mail to Proposer(s) selected by Agency. Proposer’s responses to the follow-up questions must be received by the Agency’s Single Point of Contact at the email address shown on page 1 by the deadline set forth in the Agency’s e-mail to Proposers. However, Agency may conduct interviews if determined necessary after conducting written follow-up questions.

· Agency, in its sole discretion, may elect to conduct interviews via teleconference, video conference, or in-person. Further details will be included with notification of time and date of interviews, if conducted.

2.1.3 REFERENCES

As required in RFP Section 1.5.4 – Required Submittals Via OregonBuys, Proposers must submit through OregonBuys 3 references (using the form hyperlinked below) for projects relevant to the project(s) contemplated in this RFP. Agency does not intend to score references but may contact references to verify information provided in Proposals. If the contact and alternate contact for a reference are both members of the evaluation committee for this RFP, Agency will request a different project reference from the Proposer.

The Reference Form is available at: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Miscellaneous Procurement Forms).

2.1.4 CLARIFICATIONS

Agency may require any clarification it needs to understand the Proposer’s Proposal. Any necessary clarifications or modifications which are in the best interest of Agency may be made before the Proposer is awarded a PA, and some or all of the clarifications or modifications may become part of the final PA. Clarifications cannot be used to rehabilitate a non-responsive Proposal.

2.2 SCORING CRITERIA

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

Evaluation & Scoring Criteria

Max Points

· 2.2.1.1 Describe your firm’s methodology that demonstrates the proposed strategies for accomplishing the elements described in the Attachment A, Sample PA, Exhibit A – Scope of Services.

· 2.2.1.2 Define and provide any relevant deliverables including and in addition to the scope of work stated in this RFP (for example: reports, training, etc.) using the elements described in 2.2.1.1.

· 2.2.1.3 Demonstrate capability to complete the requested services. Response must list:

•Explanation describing how the firm can accommodate varying levels of work assigned under any resulting PA, including any limitations the Proposer might experience.

• An explanation describing how the firm can accommodate and support multiple, simultaneous project locations anywhere in the area described in this solicitation, the…