35585_Final.docx

Form S001-B050223

ORBuys Bid Solicitation #: 73000-00007133

(PCMS RFP #: 35585)

OREGON DEPARTMENT OF TRANSPORTATION

Request for Proposals:

US26 at Cornelius Pass Rd: Bike/Ped Crossing Project-Specific Contract for A&E Related Services Local Public Agency Project Oregon Department of Transportation 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.

DBE Participation Goal Assigned: 8.5% (see section 1.1.2) Certified Small Business Aspirational Target: N/A (see section 1.1.2) This is a local agency Two-Tiered Project being delivered by ODOT for the Washington County. Washington County is responsible for the final selection and assignment of the consultant, pursuant to ORS 279C.125 and OAR 731-148-0260. Agency will not conduct a pre-Proposal conference for this RFP.

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).

· Commitment To Diversity, Equity, and Inclusion: The State of Oregon (“State”) is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and veteran-owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Proposals for this contracting opportunity.

Level 3 - Restricted

Level 3 - Restricted

Page 1 of 29Level 3 - Restricted

RFP A&E Contract RFP # 35585

TABLE OF CONTENTS

Section 0.0 OREGONBUYS, RFP ATTACHMENTS, SOLICITATION SCHEDULE

0.1 OREGONBUYS

0.1.1 REGISTRATION REQUIREMENT; OREGONBUYS USER GUIDES

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 shall not be responsible for defective registration or 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

0.2 RFP ATTACHMENTS

In addition to the provisions set forth and linked within the RFP, the RFP incorporates by this reference the information published 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.

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.

1.1.1 DEFINITIONS

For purposes of this RFP:

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

“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 veteran owns”;

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

“days” means calendar days;

“Professional Services” means architectural, engineering, photogrammetric mapping, transportation planning or land surveying services that must be procured using qualifications-based selection procedures [see ORS 279C.100 and ORS 279C.110];

"Proposal" (referred to as “Quote” in OregonBuys) means a written response to a Request for Proposals;

“Proposers” (referred to as “Vendor” in OregonBuys) All firms submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”;

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

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

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

“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 provisions in the final Contract which set 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; and

“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 Transportation (“ODOT” or “Agency”) is seeking Proposals from A&E Related Services consultants to provide transportation related services with a focus on completing a feasibility study to evaluate a future bicycle and pedestrian crossing at US26, recommending alternatives with cost estimates, and arriving at a preferred design concept to be developed up to 30% (the “Services”) for the US26 at Cornelius Pass Rd: Bike/Ped Crossing project (the “Project”) on behalf of Washing County (“County”). Proposers responding to this RFP do so solely at their expense, and Agency is not responsible for any Proposer expenses associated with this RFP.

Project Description/General Background Information:

The selected Proposer shall complete the feasibility study and develop the alternatives and preferred design concept for the Project by working closely with Washington County (“WASHCO”) through the stakeholder engagement, agency coordination, integrated landscape architecture, trail, traffic, and bridge design process.

Previous work has been performed on the Project and will be provided to the selected Proposer, which will streamline work on the alternatives allowing work to start immediately on various parts of the initial assessment, gathering information and evaluating the project to determine baseline environmental conditions and jurisdictional policy parameters to confirm feasibility of preferred bridge alignment and inform other design concepts. The selected Proposer shall develop a clearly articulated strategy that defines a process, desired outcomes and scope for subsequent environmental reviews and approvals for the developed design concepts. The project will result in a cohesively described preferred design concept that will allow the selected Proposer to build up to 30% of the preferred design as part of the planning phase within the established budget of the final Contract and prior to federal fiscal year of 2025.

The developed preferred design concept must have sufficient detail to generate estimated construction costs for completing the remaining construction of the Project with sufficient confidence to pursue additional required funding through federal or state grants or potential regional transportation bond, or other sources.

The Services and associated deliverables for the prospective Contract are further described in Exhibit A, Statement of Work of the Sample Contract (RFP Attachment A) from which ODOT and the successful Proposer will negotiate a complete, final Statement of Work (“SOW”).

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 is awarded a contract to prepare an Environmental Impact Statement, Environmental Assessment, Categorical Exclusion or designs and plans/specifications for a project, that consultant and its Affiliates will not be eligible to propose/bid on or enter into a contract to construct that project.

· If preliminary engineering and final design will be performed under the prospective contract, Agency is not obligated to proceed with final design for any alternative. All reasonable alternatives will be evaluated and given appropriate consideration, and consultant may not proceed with final design until the relevant NEPA decision documents have been issued (e.g., Categorical Exclusion, Finding of No Significant Impact, or Record of Decision).

· If a consultant is awarded a contract to prepare an Environmental Impact Statement, Environmental Assessment or Categorical Exclusion for a project, that consultant and its Affiliates may prepare the designs/plans/specifications for the project or may propose under a separate solicitation to prepare designs/plans/specifications for the project only if Agency concludes that the NEPA document was prepared with objectivity. Agency is not obligated to proceed with final design for any alternative. All reasonable alternatives will be evaluated and given appropriate consideration, and consultant may not proceed with final design until the relevant NEPA decision documents have been issued (e.g., Categorical Exclusion, Finding of No Significant Impact, or Record of Decision).

· 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, and 279C.307(3) regarding possible Agency applications for exceptions.

· 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 Contracts Awarded: It is anticipated that 1 Proposer will be selected for Contract award from this solicitation. Agency, in its sole discretion, may select more or fewer 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 Bid Opening 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 selection 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.

Contract Duration: The Contract is anticipated to be effective by September 2024 and is expected to last approximately 1 year and 5 months. Contingent upon Agency’s need and Consultant’s performance, Agency may amend the Contract for additional time as necessary for Project completion.

Funding Source(s):

Federal Highway Administration (“FHWA”) funds

Contract Amount: Following notice of intent to award, Agency and the apparent successful Proposer will negotiate (as provided in section 2.4) the statement of work and maximum dollar amount of the Contract. Contingent upon Agency’s need, Consultant’s performance, and the availability of approved funding, Agency may later amend the Contract for additional tasks, Contract phases and compensation as necessary to complete the Services needed for the Project, provided the amendments are within the Scope of Work described in this RFP. Proposers are advised that the award and potential dollar amount of the Contract, including as may be amended within the Scope of Work identified in this RFP, are contingent upon Agency receiving approval of funding for use under this RFP as determined by Agency in its sole discretion.

Contract Payment: Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with Contract requirements and all applicable standards. The method of compensation will be determined by Agency and may be based on any of the following methods (may include more than 1 method – “Mixed”):

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

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

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

· Price per Unit.

For further information see RFP Attachment A, Sample Contract, Exhibit B – Compensation.

ODOT’s Disadvantaged Business Enterprise (“DBE”) Policy Statement is posted on the Office of Civil Rights DBE page (https://www.oregon.gov/ODOT/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx).

The DBE Policy Statement is incorporated in this RFP with the same force and effect as though fully set forth in this RFP.

DBE Participation Goal: The Contract will include Federal funding. A DBE participation goal, as set forth on page 1, has been assigned for the prospective Contract. This goal will apply to the overall Contract including amendments. If a given phase of the Contract (such as CA-CEI, if applicable) will include little or no opportunity for DBEs, then DBE utilization in other phases of the Contract will need to be sufficient to meet the overall Contract goal. Exceptions for a given Contract or amendment will need to be assessed by Agency on a case-by-case basis.

Proposers shall demonstrate ability to meet the DBE goal assigned to this procurement. Proposers should not assume that a minority-owned business enterprise (“MBE”), a woman-owned business enterprise (“WBE”), a business owned by a veteran 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:

See RFP Attachment A – Sample Contract, Exhibit E for:

· information on subcontractor utilization and payment reporting requirements and how credit toward meeting an assigned DBE participation is determined (for goal and no-goal contracts), and

· further explanation and description of the DBE program.

1.1.3 PROCUREMENT AUTHORITY AND METHOD; ELECTRONIC SIGNATURES

Procurement Authority. Agency is conducting this RFP according to its authority under ORS 279A.050(3).

Procurement Method. Agency is conducting this RFP in conformance with ORS 279C.110, OAR 731-148-0220 – Formal Selection Procedure, and OAR 731-146-0150 – Electronic Procurement and Submittals.

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, 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.

All inquiries regarding this procurement, whether relating to this RFP process, administration, deadline or award, Scope of Work, potential COI issues, or to the intent or technical aspects of the Services must be submitted using the “Bid Q&A” button for this solicitation in OregonBuys. 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 to determine whether or not any addenda have been issued. Addenda are incorporated into the RFP by this reference.

Prospective Proposers may submit a written protest of anything contained in this RFP and may request a change to any provision, specification or Contract term contained in this RFP. Prospective Proposers must submit protests concerning this RFP and requests for change to any particular provisions, specifications, or Contract terms contained in this RFP, to the Purchaser/Single Point of Contact identified in OregonBuys for this RFP. Protests and requests for change must be submitted in writing (via email) no later than the deadline for RFP protests set forth in RFP Section 0.3 Solicitation Schedule. 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 Contract 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 SELECTION PROTEST REQUIREMENTS

Following Agency’s evaluation process, every Proposer who submits a Proposal shall be notified by Agency 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 via email to the Purchaser/Single Point of Contact identified in OregonBuys for this RFP no later than the deadline for selection protests set forth in RFP section 0.3 Solicitation Schedule. Agency will not consider any protest submitted after this submittal deadline. Agency will not consider selection 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 Contracts 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 Purchaser/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 ODOT 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 Bid opening 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 specified 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 Contract or exhibits thereto, Agency will not negotiate any term or condition after the solicitation protest deadline, except the SOW and pricing with the apparent successful Proposer(s) per Section 2.4. By Proposal submittal, the apparent successful Proposer agrees to be bound by the Oregon Department of Transportation Terms and Conditions as set out in RFP Attachment A (Sample Contract), 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 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 with the requirement. Incomplete or missing items must be completed and submitted within 2 business days of email request by Agency (this does not apply to “PASS/FAIL” items which must be submitted by Bid Opening Date and time). Missing or incomplete items must be submitted via email to Agency at the email address shown on page 1. Failure to complete and deliver missing or incomplete “REQUIRED” items within 2 business days of request by Agency shall result in Proposal rejection. Time limitations will be based upon the time of the email sent by Agency and the time of Agency’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 Proposal Cover Sheet, one 2% deduction will be applied (rather than a 2% deduction for a missing minimum qualification and another 2% for an incomplete Proposal Cover Sheet).

· Proposals not in conformance with the Section 1.5.3.a font requirements for substantive text (including text in tables) will receive a 3% 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. (Proposal score will be rounded to either the lower number if under .5 or to the higher number if .5 or over.)

1.5.1 PROPOSAL COVER SHEET (REQUIRED)

The Proposal must include a completed Proposal Cover Sheet in the form as set forth in RFP Attachment C, with the “APPROVED” checkbox marked to certify approval by a duly authorized representative empowered to bind the Proposer. Any cover letters submitted in addition to the required Proposal Cover Sheet will not be forwarded to the evaluation committee.

On the Proposal Cover Sheet (or a separate sheet submitted with the Proposal Cover Sheet), 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. 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 (REQUIRED)

Please include responses to the following Minimum Qualifications in the space provided on the Proposal Coversheet (RFP Attachment C):

· REGISTERED PROFESSIONAL ENGINEER

Consultant may not provide engineering Services unless the Services are performed or provided under the full authority and responsible charge of an Oregon Registered Professional Engineer as defined in ORS 672.002(2). The Professional Engineer must be currently registered in active status with the Oregon State Board of Examiners for Engineering and Land Surveying, and must supervise and direct the Services proposed under the Contract. As required by Oregon law, Consultants shall place their official Oregon Registered Professional Engineer certified seal and signature on all reports, maps, design drawings, and specifications delivered under the Contract. In the space provided on the Proposal Cover Sheet (RFP Attachment C), list the name and registration number of at least one Oregon Registered Civil Engineer in active status intending to perform engineering Services under the Contract.

· REGISTERED PROFESSIONAL LAND SURVEYOR

When required by Oregon law, Consultants shall place their official Oregon Registered professional land surveyor PLS certified seal and signature on all reports, maps, design drawings, and specifications delivered to Agency or LPAs under Contract. In the space provided on the Proposal Cover Sheet (RFP Attachment C), list the name and registration number of at least one PLS intending to perform Services under the Contract.

Licenses Outside of Oregon If the Proposer is an “individual, firm, partnership or corporation offering to practice engineering or land surveying” and “holds a certificate of registration to engage in the practice of professional engineering or land surveying (as applicable) issued by the proper authority of any other state, a territory or possession of the United States, or a foreign country”, the Proposer shall:

Include a written statement that the Proposer is not registered to practice engineering or land surveying (as applicable) in the State, but will comply with ORS 672.002 to 672.325 by having an individual holding a valid certificate of registration in the State in responsible charge of the work prior to performing any engineering or land surveying (as applicable) work within the State. [ORS 672.060(9)(a) and (b)]

Proposer shall provide, on the Proposal Cover Sheet (RFP Attachment C), the following information:

· The name of the individual employed by Proposer who currently holds a valid certification of registration to practice engineering or land surveying (as applicable), the jurisdiction of the registration and the registration number; and one or both of the following:

· The name of the individual not employed by Proposer who currently holds a valid certificate of registration to practice engineering or land surveying (as applicable) in the State who Proposer has engaged to be in responsible charge of the work; or

· The name of the individual employed by Proposer who will be in responsible charge of the work and will obtain a valid certificate of registration to practice engineering or land surveying (as applicable) in the State prior to performance of engineering or land surveying (as applicable) Services under the Contract.

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 must use an 11-point minimum font size: RFP Attachment C – Proposal Cover Sheet, 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. The Proposal must not exceed 6 pages, excluding Proposal Cover Sheet (RFP Attachment C), any tabs or indexes, and any of the following forms (if required in this RFP): references, COI form(s), 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 Section 1.5.3.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):

a. (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*.)

b. (REQUIRED) A PDF file of a completed Subcontractor Solicitation and Utilization Report (https://www.oregon.gov/ODOT/Forms/2ODOT/2721.pdf)

c. (REQUIRED) COI Disclosure Forms (if any must be submitted per Section 1.5.5).

d. (REQUIRED) Key Staff Resumes (https://www.oregon.gov/odot/Business/Procurement/DocsPSK/keystaff.docx) may be included in the single Proposal file or they may be submitted as a separate file (one file for all Key Staff Resumes).

e. (REQUIRED) Provide 3 references for relevant projects as required in RFP Section 2.1.3. The Reference Form must be submitted with the Proposal (separate file from the Proposal) but is not included in the Proposal page count.

*How to reduce PDF file size (https://www.wikihow.com/Reduce-PDF-File-Size); How to reduce the size of Word documents that contain images (https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/).

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)

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 on the Consultant Forms and Resources page (https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx under Miscellaneous Procurement Forms).

1.5.6 REFERENCE QUESTIONNAIRE FORMS (RESERVED)

Note: See Sections 1.5.4.e and 2.13 regarding reference requirements.

1.5.7 EARLY WITHDRAWAL OF PROPOSAL

If a 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 Contract(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 137-048-0220, OAR 137-048-0260 and this RFP. Agency is utilizing the two-tier selection process for local contracting agency public improvement projects, in accordance with ORS 279C.125 and OAR 137-048-0260. 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 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/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 Contract 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 this 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/FOLLOW-UP QUESTIONS

Agency may conduct and score Interviews/follow-up questions. If interviews/follow-up questions are conducted, they will be evaluated and scored based on 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/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/follow-up questions will have a maximum score of 50 points.

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

· As an alternative to interviews, follow-up questions may be sent via email 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 email 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 on the Consultant Forms and Resources page (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 Contract, and some or all of the clarifications or modifications may become part of the final Contract. 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 Library of Sample A&E Evaluation/Selection Criteria

Max Points

Given the information provided with this solicitation, describe your approach for the prospective project to cost effectively meet the Agency’s deliverables/objectives in the timeline needed. Describe what you believe are the most critical elements of this Project that the consultant team must address for a successful outcome. Describe how the team composition and the skill sets of the team members will allow you to achieve success. (max 25 points)

Provide two project samples comparable to the requested services completed by your firm (use RFP Attachment D - Project Samples and References form). Maximum of 10 points per project.

Describe their relevance to the Project and Services included in this solicitation, including descriptions of how you were able to work within the team concept to address outstanding issues and project constraints in a timely matter. Include a brief description of project type, location, size, duration and objectives; a list of key project staff and their roles; tasks performed by the Proposer to fulfill the project objectives and the actual project budget.

Describe proximity to the Project of your firm’s staff that will be assigned (office/satellite office) and knowledge of the locality. Include proximity/involvement of any subconsultant that would be assigned substantial roles. Also identify how travel and any required lodging costs will be minimized for this specific project. (max 10 points)

Demonstrate capability to complete the requested Services. Response must include: an explanation of internal procedures and policies related to project management, quality assurance/quality control and cost control. Describe how these internal procedures and policies will benefit the Project and the Agency. (max 30 points)

Describe Proposer’s design philosophy and to the types of Services/projects described in the RFP and RFP Attachment A – Sample Contract. (max 20 points)

Please provide 3 key staff resumes (5 points each). Each resume should demonstrate how the qualifications and relevant experience of that key staff prepares them for the role they will take on the project team. (max 15 points)

Proposal Score Summary

2.3 METHOD OF AWARD

As provided in Section 2.1.1, Agency is utilizing the two-tier selection process for this RFP.