35712_RFP~1.doc

RFP Solicitation REQ-73000-00007348 – Audiometric Services

State of Oregon

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

RFP TITLE: AUDIOMETRIC SERVICES

RFP/Bid Solicitation Number: S-73000-00007348

(PCMS RFP #: 35712)

Date of Issue: See “Available Date” for this RFP in OregonBuys Closing Date and Time: See “Bid Opening Date” and time for this RFP in OregonBuys.

Purchaser/Single Point of Contact:

See “Purchaser” and “Info Contact” for this RFP in OregonBuys.

ASPIRATIONAL 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 H of the Sample Contract (RFP Attachment A) for further explanation and description of these non-binding Aspirational Targets.

Notes:

· OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). See RFP section 1.3 – 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 “Purchaser” and “Info Contact”) 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 Opening Date” and time in OregonBuys).

· 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

51.3

OREGONBUYS

61.4

RFP ATTACHMENTS

61.5

PURCHASER/SINGLE POINT OF CONTACT

6SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

62.1

AUTHORITY AND METHOD

72.2

DEFINITION OF TERMS

72.3

OVERVIEW AND PURPOSE

82.4

SCOPE OF WORK/SPECIFICATIONS

8See Exhibit A of Attachment A (Sample Contract)

8SECTION 3:

PROCUREMENT REQUIREMENTS

83.1

MINIMUM QUALIFICATIONS

103.2

MINIMUM SUBMISSION REQUIREMENTS

113.3

[ROUND 1] PROPOSAL REQUIREMENTS

13SECTION 4:

[ROUND 1] SOLICITATION PROCESS

134.1

PUBLIC NOTICE

134.2

PREPROPOSAL CONFERENCE

134.3

QUESTIONS / REQUESTS FOR CLARIFICATIONS

134.4

RESERVED

134.5

PROPOSAL SUBMITTAL VIA OREGONBUYS

144.6

PROPOSAL MODIFICATION OR WITHDRAWAL

144.7

PROPOSAL DUE

144.8

PUBLIC OPENING

144.9

PROPOSAL REJECTION

144.10

[ROUND 1] EVALUATION PROCESS

164.11 PRICE EVALUATION Max Points: 150

174.12

[ROUND 1] POINT AND SCORE CALCULATIONS

184.13

[ROUND 1] RANKING OF PROPOSERS

184.14

NEXT STEP DETERMINATION

194.15

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

19SECTION 5:

AWARD AND NEGOTIATION

195.1

AWARD NOTIFICATION PROCESS

205.2

RESERVED

205.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

215.4

CONTRACT NEGOTIATION

22SECTION 6:

ADDITIONAL INFORMATION

226.1

COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

226.2

CERTIFIED FIRM PARTICIPATION

226.3

GOVERNING LAWS AND REGULATIONS

226.4

OWNERSHIP/PERMISSION TO USE MATERIALS

236.5

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

236.6

COST OF SUBMITTING A PROPOSAL

236.7

STATEWIDE E-WASTE/RECOVERY PROCEDURE

236.8

RECYCLABLE PRODUCTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

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

ODOT is committed to providing a safe and healthful workplace for its employees. Employees exposed to noise 85 dBA over an 8-hour timeweighted average must be offered an annual hearing exam. To fulfill this OSHA requirement, ODOT seeks a vendor to provide mobile testing services at its locations throughout the state of Oregon.

Additional details on the Scope of the Goods or Services or both are included in the Scope of Work/Specifications section.

Agency anticipates the award of 1 Contract from this RFP; however, Agency reserves the right to award more than 1 Contract from this RFP.

The initial term of the Contract is anticipated to be approximately 2 years with options to renew up to a cumulative maximum of 5 years.

Payment: Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with all 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”):

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 regarding compensation see RFP Attachment A - Sample Contract, Exhibit B “Compensation”.

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; 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 information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

See OregonBuys User Guides located on OPO’s Contracting with ODOT page (https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

1.3.2 Crosswalk of Terms used In OregonBuys

1.4 RFP ATTACHMENTS

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

· Details entered in the Header Information section;

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

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

1.5 PURCHASER/SINGLE POINT OF CONTACT

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under OAR 125-246-0170(2).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.070 and OAR 125-247-0270. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

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.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of Transportation (ODOT) began life in 1913 when the Oregon Legislature created the Oregon Highway Commission. Today, ODOT works to provide a safe, efficient transportation system that supports economic opportunity and livable communities for Oregonians. We develop programs related to Oregon’s system of highways, roads, and bridges; railways; public transportation services; transportation safety programs; driver and vehicle licensing; and motor carrier regulation.

The mission of ODOT is “to provide leadership and vision in the development and management of a statewide transportation network” and “ensure the safety of transportation system users.” Included in ODOT’s values, which are intended to guide the behavior of employees in every section of the organization, is “Safety – We take special care to protect the safety and health of both our employees and the public.” While every unit of ODOT recognizes safety considerations in its delivery of services, the most significant transportation safety program responsibilities are carried out by the Transportation Safety Division (“TSD”), Driver and Motor Vehicle Services (“DMV”), Motor Carrier Transportation Division (“MCTD”), Traffic Engineering, and the five regions.

2.3.2 Project Overview, Background and Purpose

Agency is dedicated to the protection of its employees’ safety and one method of providing employee safety is to have a hearing conservation program that evaluates hearing capabilities, provides hearing protection and counseling services to its employees who are subject to noise equal or greater than 85 dBA over an 8-hour time weighted average during the course and scope of their work.

The purpose of this contract is for a Contractor to provide mobile audiometric testing and counseling services as defined in this contract for ODOT Regions 1, 2, 3, 4 and 5. Contractor shall provide audiometric testing for Agency staff at ODOT regional testing sites and locations as scheduled in coordination with Contractor and Agency. Contractor shall conduct and review approximately 1000 audiograms per year for Agency Personnel.

Testing sites and locations include, but are not limited to, the following and may include day and night shift crews, employees working four-day shifts where Tuesday – Thursday testing is optimal and where early morning testing is needed:

Region 1 Clackamas, Cascade Locks, Sandy, Government Camp, East Portland, Troutdale, Sylvan/Baldock.

Region 2: Astoria or Warrenton, Banks, Clatskanie, Manning, Tillamook, Florence, McMinnville, Rose Lodge, Seal Rock, Salem, Albany, Detroit, Eugene, Springfield, Corvallis, McKenzie Bridge, Santiam Junction, Oakridge, Veneta.

Region 3: Ashland, Central Point, Coos Bay, Grants Pass, Gold Beach, Prospect or Steamboat, Roseburg, Yoncalla or Reedsport.

Region 4: Bend, Klamath Falls, La Pine, Lakeview, Moro, Prineville, The Dalles.

Region 5: Baker City, Burns, Canyon City, Enterprise, Heppner, Hermiston, Jordan Valley, La Grande, Ontario, Pendleton, Meacham.

Agency’s hearing conservation plan includes providing hearing exams internally. These exams are conducted by ODOT Safety Managers who are CAOCH certified technicians. Preference may be given to a Proposer that can provide audiologist oversight, which includes program consultation and direction to Agency, as well as Audiologist hearing test records review.

AGENCY MAKES NO GUARANTY OF VOLUME: The number of audiograms indicated is not, and may not be construed as, any representation, warranty or guarantee of the volume of services that will be purchased by the Agency or any Authorized Purchasers under any Contract.

Contract Not-to-Exceed (NTE) Amount: The anticipated initial value of the Contract awarded from this RFP will not exceed $150,000. Proposers are advised that the award and potential dollar amount of the Contract under this RFP are contingent upon approval of funding from the Oregon Legislature for Agency’s use under this RFP as determined by Agency in its sole discretion.

2.4 SCOPE OF WORK/SPECIFICATIONS

See Exhibit A of Attachment A (Sample Contract)

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposer must be a registered vendor in OregonBuys and Proposal must demonstrate how Proposer meets all requirements of this section:

3.1.1 Licensing requirements

Each Audiologist, Otolaryngologist, Physician or Technician that will perform work under the Contract must be certified by the Council of Accreditation in Occupational Hearing Conservation (CAOCH). Include copies of licenses and/or certificates with the proposal.

3.1.2 Certification requirements

· Certified technicians, and

· Certified physicians

· A licensed or certified audiologist, otolaryngologist, or other physician meeting the requirements of OAR 437-002-0095

· If Technicians conduct audiometric tests, Technicians shall be certified by the CAOHC and be responsible to an audiologist, otolaryngologist or physician.

3.1.3 Reserved

3.1.4 Key Person Requirements

Proposer must employ or contract key person(s) that meet all of the requirements in this section. Proposer may submit 1 or more key person(s) so long as all requirements are met.

5 years of experience performing the following:

· Providing audiometric reviews

· Providing consultation on the development and management of hearing conservation programs

· Leading research and development of profession standards for hearing conservation

· Proposer must provide bio, resumes, and proof of licensure of key persons conducting exams and audiometric reviews

3.1.5 Other Requirements:

Contractor shall have its own self-contained testing facility including all equipment necessary to perform the Services identified in Attachment I - ‘Sample Statement of Work.’

Contractor shall have available at least two mobile audiometric testing vans with individualized testing booths that are physically separated by an enclosed compartment (i.e., testing booth) isolating the test subject from ambient noise. One booth may be open for employees who choose to test in an open space rather than an enclosed testing booth. Mobile testing vans or trailers shall be maintained in a manner that ensures testing conditions are equivalent to a fixed testing facility (i.e., a “store front” audiologist). Upon Agency’s request, Contractor shall provide proof of two mobile testing vehicles with DMV registration slips.

Contractor shall be able to accept and process storefront hearing tests when the contractor service is not feasible such as for retests, baseline new hires, and employees who miss the mobile testing opportunity.

Refer to Exhibit A (SOW) of Attachment A (Sample Contract) for a full list of requirements.

Capability to obtain from the ODOT Health & Safety Manager copies of all past audiometric records in written form.

Capability to enter and maintain past and future audiometric records into a computer database using a software package.

Capability to receive and process storefront audiology tests when the contracted service is not feasible.

At the termination of the resulting Contract, the Contractor shall surrender to the State all data collected during the term of the resulting Contract.

Capability of complying with OAR 437-002-0075 and 29 C.F.R. 1910.95 as adopted by OAR 437-002-0005(5), including sections: (g) Audiometric Test Program; (h) Audiometric Test Requirements; (m) Recordkeeping; Calibration, and Audiometric Test Rooms.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 [ROUND 1] Proposal Submissions

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

· Proposer Information and Certification Sheet (Attachment C)

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

· Price Proposal Form (Attachment E)

· Key Persons and Resumes

· Technical Proposal

· Reference Check Form (Attachment D)

· Work Samples

· Executive Summary

· Administrative Proposal

· Certified Business Outreach Plan (Attachment F) - submit 1 copy only

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

3.2.2 Reserved

3.2.3 Proposal Format

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

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

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

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

3.2.4 Electronic Submittal Provisions

3.2.4.1.

Proposers shall make reasonable efforts to minimize the file size of attachments so the total for all submittal files does not exceed 10 megabytes (for tips on reducing file size, see: 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/).

3.2.4.2.

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

3.2.4.3.

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

3.2.4.4.

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

3.2.4.5.

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

3.3 [ROUND 1] PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the Goods or Services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), with the “APPROVED” checkbox marked to certify approval of the Proposal and compliance with Oregon Tax Laws by a duly authorized representative empowered to bind the Proposer. Failure to demonstrate compliance with Oregon Tax Laws may result in a finding of non-Responsibility.

Also mark the appropriate box for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, use COI Disclosure Form(s) linked on Attachment C to make the disclosures.

3.3.2 References

Provide three references from current or former client firms for similar projects performed within the last 10 years. List the reference contact information in Appendix 1 of RFP Attachment C. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

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. The reference scores will be averaged by the Purchaser for a final reference score. Reference forms not received will receive a zero score.

3.3.3 Price Proposal

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

In addition to the price(s) entered in the OregonBuys Item Information section, submit a detailed Price Proposal (Attachment E) as a separate file uploaded via the Attachments tab for this RFP in OregonBuys. The detailed Price Proposal must include the following items:

· For each activity described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs,

· The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

· For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work and list the salary/wage and fringe rate separately for each such individual. If awarded a Contract, the hourly rates submitted in the Price Proposal shall remain in effect for not less than the first 12 months of the Contract.

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.

3.3.4 Key Persons and their Resumes

Specify key persons to be assigned to this project and include a current resume (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience for the Work described.

3.3.5 Technical Proposal

Project Approach - Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work.

Project Management Plan - Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work and how Proposer can accommodate working on the project given its location in the State.

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

SECTION 4: [ROUND 1] SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the OregonBuys eProcurement system (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.

4.2 PREPROPOSAL CONFERENCE

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

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

· Be submitted using the “Bid Q&A” button for this solicitation in OregonBuys,

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

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

4.4 RESERVED

4.5 PROPOSAL SUBMITTAL VIA OREGONBUYS

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

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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

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

4.7 PROPOSAL DUE

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

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

4.8 PUBLIC OPENING

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

4.9 PROPOSAL REJECTION

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

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

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

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

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

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

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

4.10 [ROUND 1] EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility determination

4.10.1.1 Responsiveness determination

A Proposal received prior to the Bid Opening Date for this RFP will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the Purchaser may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the Purchaser finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.10.1.2 Responsibility determination

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

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available listed for each scored item.

Purchaser may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposal. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.2.1 Evaluation Item 1 – Management, Organizational Structure, Approach Max Points: 250 Proposer must reference the SOW in Attachment I – ‘Sample Statement of Work and describe how it will perform the Services, provide the Supplies, and how it will develop and provide the required reports and data base.

This discussion should be sufficiently thorough to allow for evaluation of a Proposer’s management abilities for repeated high-quality provision of all anticipated Audiometric Services as described in Attachment I – ‘Statement of Work.’

4.10.2.2 Evaluation Item 2

- Proposer’s Facilities

Max Points: 500 Facility Convenience and Mobility. Proposals must contain a discussion about the Proposer’s facilities, mobile capabilities, mobile vehicles.

On-Site Testing. Proposals must contain a discussion about the Proposer’s ability to provide on-site services and perform required audiometric testing, otoscopic evaluation, fitting of earplugs, and hearing consultation on-site.

Scheduling. Proposals must contain a discussion about the Proposer’s ability to respond to requests for Services and coordinate scheduling with ODOT.

4.10.2.3 Evaluation Item 3

- Experience and Expertise of Proposer’s Personnel Max Points: 500 Proposals must contain a discussion about the Proposer’s staff who will be providing the testing, evaluation, consultation and earplug fitting services shown in Attachment I – ‘Statement of Work.’ Discussions should contain information about the staff’s expertise, experience, capability, and availability related to the Services required.

Proposals must contain a resume’ or resumes containing information that verifies the above discussion about the Proposer’s personnel who will be providing the testing, evaluation, consultation and ear-plug fitting services.

Preference may be given to a Proposer that can provide audiologist oversight, which includes program consultation and direction to Agency, as well as Audiologist hearing test records review.

4.10.2.4 Evaluation Item 4 - References

Max Points: 150 References scores from Attachment F – ‘Reference Sheet’ will serve as the score for that reference. The average of the totals of each Reference will provide the final score for this section.

4.10.2.5 Evaluation Item 5 – Equipment Capability and Quality Max Points: 500 Proposals must contain a discussion about the Proposer’s equipment that will be used in providing the testing, evaluation, and ear-plug fitting services shown in Attachment I – ‘Sample Statement of Work.’ Discussions should contain information about the equipment’s age, quality, capability, and accuracy or precision related to the Services required.

If the equipment requires calibration, Proposals must contain a discussion about the calibration provider, certification, calibration intervals and other equipment information that verifies the above discussion about the quality, capability, and accuracy or precision of the Proposer’s equipment that will be use in providing the testing, evaluation, consultation and ear-plug fitting services.

4.11 PRICE EVALUATION

Max Points: 150 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

4.11.1 PREFERENCES

4.11.1.1 Oregon Supplies and Services

Agency prefers Oregon Goods and Services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.11.1.2 Reserved

4.11.1.3 Recycled Materials

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

4.11.1.4 Tiebreakers

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

4.12 [ROUND 1] 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 4.10.4 are applied to the price score as appropriate to determine the final price score.

Reference points are calculated as stated in section 3.3.2 - References.

[ROUND 1] TOTAL POINTS POSSIBLE: 1550

4.13 [ROUND 1] 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.

4.14 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if, in Agency’s sole discretion, it is in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

· Interviews

· Presentations/Demonstrations/Additional Submittal Items

· Discussions and submittal of revised Proposals

· Serial or simultaneous negotiations

· Best and Final Offers

4.14.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all or, at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. ADDITIONAL ROUNDS (Optional at Agency’s discretion)

4.14.2 Interviews/Follow-up Questions

If Agency determines interviews or follow-up questions are necessary, Proposers in the Competitive Range will be invited to participate, and the following will apply:

· A minimum of 3 evaluators will score the interviews/follow-up questions.

· The interviews/follow-up questions will have a maximum score of 10 points.

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

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

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

4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

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

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 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 4. Agency may award less than the full Scope defined in this RFP. Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. Agency may select the next ranked Responsive and Responsible Proposer, issue an Intent to Award notice and begin a new award protest period. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any Proposer.

5.1.2 Intent to Award Notice

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

5.2 RESERVED

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) selected for a Contract award under this RFP will be required to submit additional information via email and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 W-9 Form

Proposer shall provide its Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit the Secretary of State website (http://sos.oregon.gov/business/pages/register.aspx) for Oregon Business Registry information.

5.3.4 Responsibility Inquiry

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

5.3.5 Reserved

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer’s authorized representative must certify by marking the “APPROVED” checkbox and entering their name and title on Attachment C - Proposer Information and Certification Sheet that, in accordance with ORS 279A.112, Proposer has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.7 Pay Equity Compliance

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of the Contract and a failure to comply constitutes a breach that entitles Agency to terminate the Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.3.8 Reserved

5.3.9 Other Required Information

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions. Proposer must submit those exceptions to Agency during the RFP Protest period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

It may be possible to negotiate some provisions of the final Contract; however, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

Agency is willing to negotiate all items, except those listed below:

· Choice of law

· Choice of venue

· Constitutional requirements

· Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 45 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled 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.

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, see the Certified Vendor Directory available on the COBID website.

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

6.3 GOVERNING LAWS AND REGULATIONS

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

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, 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.

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

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

6.6 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.

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website (https://www.oregon.gov/das/Pages/index.aspx) and use the search bar feature to locate the procedure.

6.8 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)

DAS Version 4.2 –ODOT Form S011-G082322