35907 RFP Oregon Highway Plan Update.docx

Form S001-B061423

ORBuys Bid Solicitation #: S-73000-000009331

(PCMS RFP #: 35907)

OREGON DEPARTMENT OF TRANSPORTATION

Request for Proposals:

OREGON HIGHWAY PLAN UPDATE

Project-Specific Contract for A&E Related Services Transportation Planning Unit (“TPU”) 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)

Agency will conduct a pre-Proposal conference for this RFP. Agency has scheduled a preProposal conference on Wednesday, April 24, 2024, at 3:00pm Pacific Standard Time, to be held via Microsoft Teams and teleconference. Attendance is not mandatory. The purpose of the conference is to provide additional information regarding this solicitation and to answer any questions Proposers may have. Proposers are cautioned that the official RFP requirements will change only by written addenda issued by Agency.

Interested parties may participate in the pre-Proposal conference by attending via Teams and teleconference using the information below:

Instructions for attending the pre-Proposal conference:

1. Click on the link below to join the Team meeting, to be held on 04/24/24 at 3:00pm.

2. When presented with the video and audio options make sure your microphone is muted.

3. Access the meeting via telephone by calling the conference line, the number is listed below. Make sure you are muted when joining the meeting.

4. Questions must be typed into the dialogue box during the meeting.

Click here to join the Teams meeting virtually.

If needed, copy and paste this link to your browser: https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTQ3MDRmZDgtMzhkMC00YjZmLTgyZTktOTJmNGNlYmU2MWE1%40thread.v2/0?context=%7b%22Tid%22%3a%2228b0d013-46bc-4a64-8d86-1c8a31cf590d%22%2c%22Oid%22%3a%22df8376c9-8895-4d9a-b170-8af4b106c47c%22%7d

Conference call phone number is: 1-971-277-1965 Participant/Access code: 357-551-049

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 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.

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RFP A&E Contract RFP #35907

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.

* 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 service-disabled 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.

“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 Professional Services and Related Services consultants to provide Planning and Related Services. 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:

ODOT seeks to develop a new Oregon Highway Plan (“OHP” or “Project” or “Plan”), with thorough public and partner involvement, that serves the needs of the State today and for the next 25 years. The OHP provides a long-term strategic vision for the State Highway System, policy for roadways throughout the state, and specific, tactical actions for managing the system. The OHP is one of the most used and referenced of ODOT’s statewide plans because it directly affects state and local transportation system development and management. For example, planners and communities will reference it as a policy guide for how to approach a local transportation plan, and some aspects directly affect engineers and project development staff such as for performance metrics their projects should strive to meet. ODOT seeks to bring on a Consultant team to work closely with the Agency’s Project Management Team (“PMT”) and advisory committees. The PMT and awarded Consultant will develop and execute a planning process that will create a new OHP. ODOT may also request the Consultant to prepare materials in support of the Oregon Transportation Commission’s adoption of the Plan. These supporting materials may include findings of consistency with the Oregon Transportation Plan, findings of compatibility with the Statewide Land Use Goals and findings of compliance with ODOT’s State Agency Coordination Program contained in OAR 731-015-0055.

The current OHP was adopted in 1999 and has been frequently amended. Some aspects of the current OHP are quite forward-looking and may provide a starting point for an updated policy, while other parts are very out-of-date and need renewal or replacement. As described in more detail below, the OHP needs to meet and satisfy a variety of State and federal legal requirements. Many of these have changed or been updated since the current OHP was adopted and the new OHP must meet and satisfy the obligations in the latest version of applicable laws and rules.

The Oregon Transportation Commission (“OTC”) adopts a set of state plans that consists of the Oregon Transportation Plan (“OTP”), modal and topic plans, and transportation facility plans as part of its legal responsibility and authority under ORS 184.615 and ORS 184.617 which describe the planning obligations of ODOT with respect to the transportation system. The OHP is an element of the OTP and refines OTP policies and applies them to the roadway system. Adoption of the 2023 OTP included major updates of which the new OHP will need to be in compliance with and implement. Related obligations regarding the highway system are found ORS 366.155.

Additionally, the OTP is in furtherance of Statewide Land Use Goal 12: Transportation and the Transportation Planning Rule (“TPR”) (found at OAR 660-012) which guides transportation planning by public agencies at different levels throughout the State of Oregon. ODOT’s planning activities respond to the Department of Land Conservation and Development’s (DLCD) Statewide Planning Goals as set forth in the TPR, and the OHP will need to show compliance with these before adoption. ODOT’s relationship to DLCD and how the two agencies work together is described in a State Agency Coordination Agreement that helps implement the related rules.

Federal direction for the development and content of the long-range statewide transportation plan is contained in 23 CFR 450, which implements the Federal Highway Administration’s and the Federal Transit Administration’s transportation planning regulations. The federal transportation authorization legislation often updates planning expectations of states. The associated federal rules that help guide planning work (including expectations related to the OHP) are found at 23 CFR part 450.

The OHP contains components that can be contentious. The Plan must establish policy to inform decisions about highways, roadways, and other transportation investments and it must also address important topics such as safety, equity, climate, and ongoing funding including tolling and road user charges. It is important to ODOT that the awarded Consultant is able to keep partners (some with contrasting backgrounds) fully engaged in the process, and that the resulting Plan can be supported by diverse individuals, groups, and interests. Partners include but are not limited to those who represent diverse interests, experiences, and locations and experts and plan implementers within Agency units, other state agencies, and regional and local jurisdictions. Therefore, the Project will include establishing a planning process that ensures consensus-oriented partner engagement with experienced facilitators using multiple methods including the latest tools and technology. A public and agency involvement plan will be necessary that to establish a communication strategy that accomplishes information exchange, consensus whenever possible, support for the plan, and transparency. ODOT has created a project website for the OHP development project to help begin that communication.

ODOT seeks proposals for a nimble, creative, and responsive consultant team that will assist ODOT and its partners in thinking through the primary needs for a new OHP, and realizing a product that can meet those needs. The policy discussions are expected to build from the OTP and focus especially on known questions and issues remaining from OTP development, recent work on mobility policies, and similar efforts.

ODOT is open to new ideas and new approaches for the new OHP. It is currently a paper-based plan that is available online. While important references like the OHP are often popular in printed versions, the new OHP should be designed for easy online use too. The OHP is unique among Oregon’s statewide transportation plans in that it presents highly technical information in specific and clear elements, and ODOT has found this to be a useful structure. The following shows how the new OHP could be organized; this is an example and is not a required format:

· Introductory Material/Background – preface or overview, or both, purpose and role of Plan, summary of existing conditions, summary of opportunities and challenges.

· Policy Element – the roadway system vision, a series of policies, actions, and strategies that support all the OTP goals with special attention to safety, equity, and climate, clarity on key indicators such as access management, operations and ODOT Strategic Action Plan themes, and details on local connections that provide specifics related to the connections between state, regional, and local systems for all users. This section applies to all roadways and advises local jurisdictions about classifying their own roadways.

· Highway System Element – the foundational definition and specification of what each segment and element of the highway system is and how it should perform relative to stated goals and regional expectations. This includes segment details such as classifications, designations, and overlays, infrastructure needs and assets, and a defined set of users and their specific issues and needs.

· Investment and Implementation Element – This section translates the system definition and policies into priorities for investment, corridors with less priority for investment, and explanations and descriptions of tradeoffs and decisions made. It also identifies early actions to begin implementation of the new plan.

Project Expectations:

This will be a challenging Project with complex topics and a lot of public and peer agency interest. These expectations are included to show basic ODOT needs and commitments. The following list of expectations is not intended to be an exhaustive or inflexible list.

What ODOT will expect of the awarded Consultant selected for this Contract:

· Flexibility – be able to quickly ramp up effort when needed or slow down a part of the Project, or otherwise adjust to a new issue or considerations that unexpectedly arise; be willing to try new tools or take advantage of new opportunities that arise, and work in collaboration with ODOT staff as Project team members;

· Timeliness – Agency and Consultant will agree to a detailed Project schedule. Tasks may move, change order, or change priority as the Project goes along, however, products and deliverables should be delivered as agreed upon, or a new due date can be agreed to at Agency’s discretion.

· Communication –

· If Consultant discovers an issue that may slow the Project schedule or discovers any issue that may create a problem for any aspect of the Project, Consultant will promptly notify Agency Project Manager (“APM“)and PMT of the identified issue and the proposed steps to resolve the issue.

· Consultant will notify APM of any potential changes to the Project schedule or deliverable due dates as soon as Consultant is aware that there may be an issue that could hinder meeting established timelines and milestones.

· If Consultant receives conflicting information or instructions that will create a different problem, Consultant will promptly notify APM of the conflict and request clarification;

· If Consultant is aware of related projects or products that affect OHP development work, they will promptly share this information with the APM;

· Consistency – new drafts should reflect comments provided and agreements made in discussions. Some instructions will apply to all future products and Consultant should strive to reflect those in future products, for example using agreed language or avoiding certain approaches to a topic. Agency will note these when they arise.

What the awarded Consultant can expect of ODOT:

· Communication –

· If ODOT discovers an issue that may slow the Project schedule or discovers any issue that may create a problem for any aspect of the Project, APM will promptly notify Consultant and PMT of the identified issues and the proposed steps to resolve the issue.

· APM will notify Consultant and PMT of any potential changes to the Project schedule or deliverable due dates as soon as APM is aware that there may be an issue that could hinder Consultant meeting established timelines and milestones.

· If ODOT is aware of Agency or partner activities or products that have affect OHP work, ODOT will promptly bring these to the Consultant’s attention.

· Timeliness – ODOT will complete Agency tasks and provide comments back to Consultant in the agreed timeframe.

· Consistency – ODOT will provide one consolidated set of non-conflicting comments and instructions to Consultant.

See RFP Attachment A, Sample Contract, Exhibit A, Statement of Work, for additional background and desired objectives and outcomes. Proposers shall use these desired objectives and outcomes to inform their proposals.

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 in early 2024 and is expected to last approximately 3 years. 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”) and State funds

Contract Amount: The anticipated value of the Contract awarded from this RFP is estimated to be in the range of $1,000,000 to $1,500,000. 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 described 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: 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 service-disabled veteran (“SDV”) or an emerging small business (“ESB”) is currently certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) as a DBE firm. Proposers are encouraged to verify the DBE firms’ certification by:

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 via email to the Purchaser identified in OregonBuys for this RFP. Failing to follow the foregoing requirements regarding the Single Point of Contact for inquiries may result in Proposal rejection by Agency. All questions must be submitted not later than the Deadline for Proposer Questions set forth in RFP section 0.3 – Solicitation Schedule.

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

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

Addenda/modifications, if any, to this RFP will be published in OregonBuys as “Amendment”(s). Prospective Proposers are solely responsible for checking OregonBuys 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 e-mail) 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 [RESERVED]

1.5.3 FORMAT FOR PROPOSAL SUBMITTALS; PAGE LENGTH LIMITATION

a. (REQUIRED) Proposals must use 12-point minimum font size for the substantive text (including text in tables) with the following exceptions which must use an 11-point minimum font size: RFP Attachment C – Proposal Cover Sheet, references (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 15 pages, excluding Proposal Cover Sheet (RFP Attachment C), any tabs or indexes, and any of the following forms (if required in this RFP): Reference form (Attachment D), Conflict of Interest 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 subsection “a” above. Any page over this size will be counted as 2 pages. Any page, partial page, tabs, indexes or table of contents with substantive text, tables, graphics, charts, resumes, etc., will be counted as 1 page.

1.5.4 REQUIRED SUBMITTALS VIA OREGONBUYS

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

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

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

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

4) Key Staff Resumes [reserved]

5) (REQUIRED) Provide 3 references for relevant projects as required in RFP section 2.1.3. The Reference Form (Attachment D) 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 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 731-148-0220 and this RFP. Agency will review Proposals for conformance with the Pass/Fail and REQUIRED criteria identified in sections 1.4 and 1.5. Proposals meeting all Pass/Fail criteria (including submittal of all REQUIRED items in the time allowed) will be forwarded to an evaluation committee 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 200 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 e-mail to Proposer(s) selected by Agency. Proposer’s responses to the follow-up questions must be received by the Agency’s Single Point of Contact at the email address shown on page 1 by the deadline set forth in the Agency’s 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 Attachment D) for projects where Proposer provided services relevant to the Scope of Work 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.

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…