35485_RFP_Final.doc

RFP/Bid Solicitation [730-35485-22 / REQ-73000-00027250] – Innovative Mobility Program Scoping

State of Oregon

Intermediate Request for Proposal (“RFP”) Issued by: Oregon Department of Transportation RFP TITLE: Innovative Mobility Program Scoping RFP/Bid Solicitation Number: 35485 (OregonBuys Number REQ-73000-00027250)

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.

A pre-Proposal conference will not be held.

ASPIRATIONAL TARGET: A Certified Small Business Aspirational Target of 12% will be assigned to the Contract to ensure that contractors take reasonable steps to provide opportunities to Certified Firms. Refer to Exhibit K of the Sample Contract (RFP Attachment A) for further explanation and description of these non-binding Aspirational Targets.

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

Table of Contents

4SECTION 1:

GENERAL INFORMATION

41.1

INTRODUCTION

41.2

SCHEDULE

41.3

OREGONBUYS

51.4

RFP ATTACHMENTS

51.5

PURCHASER/SINGLE POINT OF CONTACT

6SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

62.1

AUTHORITY AND METHOD

62.2

DEFINITION OF TERMS

62.3 OVERVIEW, BACKGROUND and PURPOSE

72.4

SCOPE OF WORK

7SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

73.1

MINIMUM QUALIFICATIONS

73.2

MINIMUM SUBMISSION REQUIREMENTS

83.3

PROCUREMENT PROCESS

103.4

PROPOSAL CONTENT REQUIREMENTS

123.5

EVALUATION PROCESS

133.6

PRICE EVALUATION

133.7

NEXT STEP DETERMINATION

143.8

PREFERENCES

143.9

POINT AND SCORE CALCULATIONS

143.10

RANKING OF PROPOSERS

15SECTION 4:

AWARD AND NEGOTIATION

154.1

AWARD NOTIFICATION PROCESS

154.2

SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

164.3

CONTRACT NEGOTIATION

17SECTION 5:

ADDITIONAL INFORMATION

175.1

GOVERNING LAWS AND REGULATIONS

175.2

OWNERSHIP/PERMISSION TO USE MATERIALS

175.3

CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

175.4

COST OF SUBMITTING A PROPOSAL

185.5

STATEWIDE E-WASTE/RECOVERY PROCEDURE

185.6

RECYCLABLE PRODUCTS

185.7

PRINTING, BINDING, AND STATIONERY WORK

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation (“Agency”), is issuing this Request for Proposals for Innovative Mobility Program (“IMP”) scoping services.

The purpose of this RFP is to hire a consultant to lead scoping of the IMP in coordination with staff. The successful consultant will scope the IMP, including program goals, deliverables, tasks, funding amounts, and deadlines. Scoping will provide a framework and guidelines for developing competitive grants, contracted services, engagement, and technical support and other approaches to reduce barriers to access funding by historically excluded groups. The consultant will document the IMP scope in a Program management plan.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

Agency anticipates the award of 1 Contract from this RFP. The initial term of the Contract is anticipated to be 1 year.

1.2 SCHEDULE

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

1.3 OREGONBUYS

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

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

For quick reference information regarding common questions from vendors when using OregonBuys, see User Guides under “OregonBuys eProcurement System” on the Contracting with ODOT webpage: https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

1.3.2 Crosswalk of Terms used in OregonBuys

1.4 RFP ATTACHMENTS

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

· Details entered in the Header Information section;

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

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

1.5 PURCHASER/SINGLE POINT OF CONTACT

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(3).

Agency is using the Request for Proposals method, pursuant to ORS 279B.070 and OAR 137-047-0270.

2.2 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.

Additional definitions for the purposes of this RFP:

Historically Excluded: BIPOC communities, those living on low incomes, living with disabilities, seniors and young people and LGBTQ+ are some examples, and any group that has been excluded or whose needs haven’t been met by our existing transportation system.

2.3 OVERVIEW, BACKGROUND and PURPOSE

The Innovative Mobility Program (the “IMP”) is a new initiative from Agency that aims to improve access to public transportation, reduce the number of trips Oregonians make by car, and reduce greenhouse gas emissions. The IMP has a special focus on social equity and helping historically excluded groups get where they need to go more quickly, cheaply and safely. The IMP is funded by the Infrastructure Investment and Jobs Act, passed by Congress in November 2021, as well as state of Oregon funding. The program has a total of $20 million for grants, contracts, and program administration from 2022-25.

Agency is taking a wide view of what “historically excluded” means. BIPOC communities, those living on low incomes, living with disabilities, seniors and young people and LGBTQ+ are some examples, but projects serving any group that has been excluded or whose needs haven’t been met by our existing transportation system will be prioritized.

The primary goals of the IMP are to:

· Provide funding to local, regional, Tribal and state government agencies (excluding the Oregon Department of Transportation), public schools, school districts, universities, transportation management associations, public transportation providers, businesses providing community services, and 501(c)(3) registered nonprofits;

· Make it easier for historically excluded groups get where they need to go;

· Deliver within Agency’s climate and equity lenses; and

· Build capacity and remove barriers to access.

The IMP can play a significant role in making it easier for people to choose other transportation options, including those impacted by the I-205 tolling program. The IMP program will include both competitive grants and contracted services, including a micro-grant program that is currently accepting applications on a rolling basis.

2.4 SCOPE OF WORK

The purpose of this RFP is to hire a consultant to lead the scoping process of the IMP in coordination with staff. The successful consultant will assist Agency in determining the scope of the IMP, including program goals, deliverables, tasks, funding amounts, and deadlines. Scoping will provide a framework and guidelines for developing competitive grants, contracted services, engagement, and technical support and other approaches to reduce barriers to access funding by historically excluded groups. The successful consultant will document the IMP scope in a program management plan.

Additionally, the successful consultant shall conduct research and analysis on competitive grants and contracted services with similar goals to the IMP. The research, analysis, and findings must be documented in a Research and Analysis Report. The successful consultant shall also develop a community engagement approach for reaching historically excluded groups, to be documented in a community engagement plan.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

Proposal must demonstrate how Proposer meets all of the following business requirements:

3.1.1 Other Requirements:

· Experience in designing, managing, or improving large competitive grants processes

· Experience in incorporating an equity lens into completed projects

· Experience in developing equitable engagement processes to reach historically excluded groups

· Experience in organizational improvement, governance models and processes, process design and facilitation, and change management.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Page Limit

· Price information must be submitted via OregonBuys (see RFP section 3.4.3 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.

3.2.2 Technical Proposal Page Limit

The Technical Proposal is limited to 8 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

· Disclosure Exemption Certification (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check forms

· Price Proposal (Attachment E)

· Key Staff Resumes (found at https://www.oregon.gov/odot/Business/Procurement/DocsPSK/keystaff.docx)

3.2.3 Electronic Submittal Provisions

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

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

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

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

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

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

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

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

3.3.2 Questions / Requests for Clarification

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

· Be submitted in writing via email to the Purchaser identified in OregonBuys for this ITB.

· Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

· Be submitted in OregonBuys by the due date and time for Questions/Requests for Clarification identified in the Schedule, RFP section 1.2.

3.3.3 Proposal Submittal via OregonBuys

Proposer is solely responsible for ensuring its Proposal and all required submittal items are submitted through OregonBuys in accordance with the RFP requirements before the Bid Opening Date. Proposals submitted by any other means will be rejected.. Agency is not responsible for any delays by transmission errors or delays, or for any misdelivery for any reason. Additional information may be found in the OregonBuys Terms of Use.

3.3.4 Modification or Withdrawal of Proposals

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 137-047-0440.

3.3.5 Proposal Due

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

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

3.3.6 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 fails to meet the responsibility requirements of ORS 279B.110.

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

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

· Proposer attempts to inappropriately influence a member of the Evaluation Committee.

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

3.3.7 Opening of Proposal

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 137-047-0630. However, Agency will record and make available the identity of all Proposers after Opening.

3.4 PROPOSAL CONTENT 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 will be considered non-Responsive to this RFP and will not be considered further.

3.4.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), with the following:

· “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.

· Appropriate box marked for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, complete and submit COI Disclosure Form(s) linked on Attachment C to make the disclosures.

3.4.2 References

Provide at least 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must 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, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal.

3.4.3 Price Proposal (To be negotiated)

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 prices,

· 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.

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 show the price for each deliverable and the total price for the entire project (inclusive of all labor, profit and expenses), and include a detailed breakdown of all labor and expenses per task/deliverable.

3.4.4 Technical Proposal

Submit a Technical Proposal (up to the page limit set forth in section 3.2.2) which must:

· Demonstrate that Proposer meets any minimum qualifications specified in RFP section 3.1.

· Include responses to address each of the evaluation criteria listed in section 3.5.2. Responses must describe how Proposer meets the requirements specified in this RFP as related to the evaluation criteria. Responses must be clear and concise and should be labeled to indicate the item being addressed.

3.4.5 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192. 345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that price information generally is not considered a trade secret under Oregon Public Records Law (192.311 through 192.478) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Proposals received prior to Bid Opening Date and time for this RFP will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content 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 137-047-0470.

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

3.5.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. 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 Proposals. 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.

· Evaluation Item 1 - Key Staff Experience (60 points available) Using Key Staff Resumes and the technical proposal, please describe your expertise and experience in helping clients strengthen teamwork and overcome obstacles. A maximum of 5 Key Staff Resumes may be submitted, with 2 pages maximum per resume. Use the Key Staff Resume template found at https://www.oregon.gov/odot/Business/Procurement/DocsPSK/keystaff.docx.

· Evaluation Item 2 - Work Samples (25 points available) Provide 3 examples comparable to the requested services of this RFP performed by your firm within the last 5 years. For each example:

· Include a brief description of the type of organization, team size, duration of work, and objectives; a list of key project staff and their roles; tasks performed by the Proposer to fulfill the project objectives; the project budget, and whether the schedule and budget were met.

· Describe the relevance to the Project and Services included in this solicitation, including descriptions of how any outstanding issues and project constraints were addressed and resolved.

· Describe how your team developed, implemented, and incorporated community engagement with historically excluded groups into a Project.

· Describe how your team led or supported an organization through team building where organizational staff and a 3rd party were the focus.

· Describe what your team has learned from the example project and how it would inform your work on this project.

· Evaluation Item 3 - Project Approach (60 points available) Describe your firm’s approach to leading and implementing a successful effort that improves team cohesiveness and overcomes existing obstacles. Please also describe your approach to community engagement, including how you would integrate ODOT’s equity lens into the performance of this work. Indicate if your team includes COBID certified firms.

· Evaluation Item 4 - Key Performance Measures (25 points available) Describe the key measures your team expects to use to define success for this Project, and how your firm collaborates with relevant organizational staff to adjust to the needs of the team as the work progresses.

3.6 PRICE EVALUATION

Following scoring and ranking of Proposals based on the qualifications-based criteria, the Purchaser will conduct the price evaluation. 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

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

· Establishing a Competitive Range

· Presentations/Demonstrations/Additional Submittal Items

· Interviews

· Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 PREFERENCES

3.8.1 Oregon Supplies and Services

Reserved.

3.8.2 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least 1 Proposer does not, Agency will select the Proposer offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

3.8.3 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 137-046-0300.

3.9 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

The maximum points possible for each evaluation item are listed in the table below.

The Purchaser will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Purchaser as stated in section 3.6 - Price Evaluation. Applicable preferences in section 3.8 are applied to the price score as appropriate to determine the final price score.

3.10 RANKING OF PROPOSERS

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

SECTION 4: AWARD AND NEGOTIATION

4.1 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. 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 Notice of Award

Agency will notify all Proposers in Writing that Agency is awarding a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Proposer shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest-ranking Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to Proposal submission.

4.2.2 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (“TIN”) and backup withholding status on a completed W-9 form if either of the following applies:

· When requested by Agency (normally in an intent to award notice), or

· When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

4.2.3 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. The selected Proposer shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

4.2.4 Responsibility Inquiry Form

Selected Proposer(s) shall submit a completed, accurate and signed Responsibility Inquiry form within 5 business days of receipt of Intent to Award notice (see form for additional information regarding Agency’s responsibility review). The Responsibility Inquiry form is available at: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Miscellaneous Procurement Forms) and may be submitted as hard copy or electronically via e-mail.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

After selection of a successful Proposer, Agency may negotiate the Statement of Work within the scope of work advertise in this solicitation, as well as following terms and conditions:

· Pricing,

· Method of Compensation and Basis for Payment

· Term of Contract

By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Proposal, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). Agency will consider the Scope of requested exceptions in the evaluation of Proposals.

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

In compliance with Oregon State laws, the following items may not be negotiated between Agency and the apparent successful Proposer:

· Choice of law

· Choice of venue

· Constitutional requirements

· All applicable Federal and State requirements In the event that the parties have not reached mutually agreeable terms within 60 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court.

5.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer.

5.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

5.4 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

5.5 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.6 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025)

5.7 PRINTING, BINDING, AND STATIONERY WORK

Reserved.

DAS Ver 2.3; ODOT 07/09/21