HVAC Assessment and Design Services RFP~1.pdf

FORMAL

REQUEST FOR PROPOSALS

STATE OF OREGON

DEPARTMENT OF CORRECTIONS

PROCUREMENT & CONTRACTS UNIT

ON BEHALF OF

FACILITIES SERVICES

3601 State Street

SALEM, OR 97301

(971) 375-7783

RFP No: S-29100-00004309 Issuance Date: January 9, 2023

Single Point of Contact (“SPC”): Eric McDowell, Contracts Officer eric.s.mcdowell@doc.oregon.gov

PROPOSALS DUE: ON JANUARY 30, 2023 NOT LATER THAN 2:00 PM (Pacific Time)

LATE PROPOSALS WILL NOT BE ACCEPTED

File: 6409 RFP # S-29100-00004309

HVAC Assessment and Design Services mailto:eric.s.mcdowell@doc.oregon.gov

TABLE OF CONTENTS

1.00 ADVERTISEMENT, NOTICE INFORMATION AND PRE-PROPOSAL CONFERENCE

1.01 ADVERTISEMENT

1.02 PUBLIC NOTICE

1.03 AUTHORITY, SOLICITATION LAWS AND METHOD

1.04 PRE-PROPOSAL CONFERENCE

2.00 PURPOSE, BACKGROUND AND SCOPE OF WORK

2.01 PURPOSE

2.02 PROJECT OVERIEW AND BACKGROUND

2.03 SCOPE OF WORK

2.04 ESTIMATED SCHEDULE

2.05 APPLICABLE DEFINITIONS

3.00 PROCUREMENT REQUIREMENTS

3.01 MINIMUM REQUIREMENTS

3.02 PROPOSAL SUBMISSION

3.03 RFP PROTEST AND REQUEST FOR CHANGE

3.04 PROTEST OF PROPOSER SELECTION

3.05 COST OF PREPARATION OF RESPONSE

3.06 PROPOSAL REJECTION AND SOLICITATION CANCELLATION

3.07 MINOR INFORMALITIES

3.08 INITIAL NEGOTIATIONS

3.09 SUBSEQUENT NEGOTIATIONS

3.10 DISPUTES

3.11 CLARIFICATION OF RESPONSES

3.12 REFERENCES

3.13 COLLUSION

3.14 OREGON FALSE CLAIMS ACT

3.15 PUBLIC RECORDS

3.16 CONFIDENTIAL OR PROPRIETARY INFORMATION:

3.17 CERTIFICATION OF COMPLIANCE WITH DISCRIMINATION LAWS

3.18 PROPOSAL VALIDITY

4.00 PROPOSAL FORMAT, EVALUATION, AND SELECTION

4.01 PROPOSAL FORMAT

4.02 EVALUATION AND SELECTION PROCESS

4.03 PROPOSAL ELEMENTS and EVALUATION CRITERIA

5.00 CONTRACT TERMS AND CONDITIONS

5.01 THE STATE OF OREGON PROFESSIONAL SERVICES CONTRACT

5.02 INSURANCE REQUIREMENTS

5.03 LEGAL COMPLIANCE

5.04 RECYCLABLE PRODUCTS

5.05 CERTIFIED BUSINESS FIRM PARTICIPATION (ORS 200.005 to 200.075; ORS 200.160 to 200.200;

ORS 279A.105)

5.06 CERTIFICATE OF PAY EQUITY TRAINING

5.07 SILENCE OF SPECIFICATION

6.00 ATTACHMENTS

1.00 ADVERTISEMENT, NOTICE INFORMATION AND PRE-PROPOSAL

CONFERENCE

1.01 ADVERTISEMENT

(This is a copy of the advertisement that was published in the Portland Tribune and on the State's

OregonBuys System)

RFP #: S-29100-00004309

PROJECT: HVAC Assessment and Design Services

Issuance Date: January 9, 2023 Voluntary Pre-proposal Conference: on January 11, 2023 at 1:00 PM (PST) via Teams

Proposal Due Date and Time: January 30, 2023 at 2:00 PM (PST)

1.02 PUBLIC NOTICE

The Oregon Department of Corrections (“Owner”) conducted a survey in August 2021 of cooling system adequacy (“Survey”) for occupied spaces at the twelve (12) prison locations throughout Oregon (“Institutions”). Detailed background information for each location is provided in the completed Survey, Survey Summary Report, Facility Condition Assessment Reports, and historical drawings including mechanical as-constructed documents, as available. Owner is seeking a consultant to review the background information and further investigate cooling system needs at each Institution, provide recommendations for appropriate system upgrades, and design documents with conceptual schematics (the “Project”). Additional details on the scope of the Services are included in the Scope of Work section of this RFP.

The estimated cost of this Project is between $1,800,000 and $2,000,000. The estimated time period to complete this Project is 6 months.

The Consultant awarded a Contract through this RFP cannot be awarded the resulting construction contract(s).

Consultants capable of providing these Services and carrying a minimum of $5,000,000 per occurrence limit for any single claimant and $5,000,000 per occurrence limit for any number of claimants of professional liability insurance are invited to submit a Proposal for consideration.

Electronic copies of this RFP and attachments, if any, are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. 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.

If, after downloading and reading the information provided in the RFP you have inquiries, please contact Eric McDowell, Contracts Officer at (971) 375-7783 or e-mail: eric.s.mcdowell@doc.oregon.gov

1.03 AUTHORITY, SOLICITATION LAWS AND METHOD

Owner is issuing this RFP pursuant to its authority under Oregon Revised Statutes (“ORS”) 279A.050(6)(h). This RFP and any resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and Administrative Rules of the Oregon Department of Justice OAR Chapter 137 Division 48. The RFP and resulting Contract may be subject to other laws and rules. Owner is using the single phase RFP Formal Selection Procedure method, pursuant to ORS 279C.110 and OAR 137-048-0220.

https://oregonbuys.gov/

1.04 PRE-PROPOSAL CONFERENCE

VOLUNTARY PRE- PROPOSAL CONFERENCE:

A pre- proposal conference will be held on January 11, 2023 at 1:00 PM, using Microsoft Teams. The meeting is designed to clarify the information that is requested and give an opportunity for questions and answers. Those wishing to join in on the Pre-Proposal Conference must send a request to eric.s.mcdowell@doc.oregon.gov.

Any statements made at this conference will not change the terms of this RFP, the Project Plans and Specifications or other Contract Documents unless an Addendum has been issued from Owner and advertised on the OregonBuys System.

PROPOSERS ARE NOT REQUIRED TO ATTEND THIS VOLUNTARY PRE- PROPOSAL

CONFERENCE, BUT WITH THE COMPLEXITY OF THIS PROJECT IT IS STRONGLY

RECOMMENDED THAT PROPOSERS OR THEIR REPRESENTATIVE ATTEND.

1.05 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

Event Date Time

Questions / Requests for Clarification Due January 13, 2023 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) January 18, 2023

RFP Protest Period Ends January 23, 2023 5:00 PM

Closing (Proposals Due) January 30, 2023 2:00 PM

Issuance of Notice of Intent to Award (approx.) February 3, 2023

Award Protest Period Ends 7 days after Notice of Intent to Award

2.00 PURPOSE, BACKGROUND AND SCOPE OF WORK

2.01 PURPOSE

The State of Oregon, by and through Owner, is seeking professional architectural and engineering design services to research and assess the current cooling system needs for all Owner Institutions, and provide design documents with conceptual schematics.

2.02 PROJECT OVERIEW AND BACKGROUND

Owner’s Institutions house adult offenders with sentences of more than twelve (12) months in a variety of facilities of various ages and conditions which require ongoing repair, maintenance and upgrades.

From time to time architectural and engineering services are required as part of the maintenance and improvement projects to comply with code and regulations of the local jurisdictions and to evaluate building systems.

On August 18, 2021, the Survey was distributed to physical plants at each Institution. Each Institution completed the Survey to identify cooling capability and cooling system condition for the occupied areas of the Institution building lists obtained from a Facility Condition Assessment (“FCA”) conducted in 2015 by Faithful+Gould, Inc. Identification of cooling system priority for areas needing cooling or system upgrades was included in the Survey. Not all locations elected to provide system priorities. This report summarizes the data provided into cooling capability and cooling system condition by square foot for all Institutions and follows with each Institution’s individual summary.

The Survey capability options included those systems, or combination of systems, that are industry recognized permanent mechanical cooling systems constructed in, or affixed to, building structures. For the study, portable air conditioners were not considered cooling systems, and were noted in the Institution system description where applicable but were not included in the summary tables.

Of the occupied space surveyed, approximately 81% of Institutions collectively have cooling capability, with approximately 13% of spaces uncooled, and approximately 5.5% of the remaining space having mixed capabilities resulting in spaces with cooled and uncooled areas.

Of the spaces that are fully cooled, air-conditioning systems are the primary cooling system at approximately 55%. Approximately 28% of cooling is a combination of air conditioning and evaporative cooling systems, with approximately 17% of spaces cooled exclusively by evaporative systems.

Collective cooling system conditions are reported as adequate for approximately 47.5% of spaces, with approximately 37.5% of spaces needing upgrades to existing systems, and approximately 15% of spaces needing added cooling system(s).

The summary of all the Institutions:

• Total Square Footage of Occupied Space Surveyed: 4,673,642

• Systems Description: cooling systems include evaporative cooling, various types of air conditioning systems combined into a single category labeled AC/Chilled Water, and combinations thereof.

Locations:

• Coffee Creek Correctional Facility (“CCCF”): 24499 SW Grahams Ferry Rd., Wilsonville, OR 97070

• Columbia River Correctional Institution (“CRCI”): 9111 NE Sunderland Ave., Portland, OR 97211

• Deer Ridge Correctional Institution (“DRCI”): 3920 East Ashwood Rd., Madras, OR 97741

• Eastern Oregon Correctional Institution (“EOCI”): 2500 Westgate, Pendleton, OR 97801

• Oregon State Correctional Institution (“OSCI”): 3405 Deer Park Drive SE, Salem, OR 97310

• Oregon State Penitentiary (“OSP”): 2605 State St., Salem, OR 97310

• Powder River Correctional Facility (“PRCF”): 3600 13th St., Baker City, OR 97814

• Santiam Correctional Institution (“SCI”): 4005 Aumsville Hwy SE, Salem, OR 97317

• Snake River Correctional Institution (“SRCI”): 777 Stanton Blvd., Ontario, OR 97914

• South Fork Forest Camp (“SFFC”): 48300 Wilson River Hwy., Tillamook, OR 97141

• Two Rivers Correctional Institution (“TRCI”): 82911 Beach Access Rd., Umatilla, OR 97882

• Warner Creek Correctional Facility (“WCCF”): 20654 Rabbit Hill Rd., Lakeview, OR 97630

Owner is seeking a consultant to review the background information provided by Owner, verify the accuracy of such information, and further investigate cooling system needs at each location identified, provide recommendations for appropriate system upgrades, and provide design documents with conceptual schematics.

2.03 SCOPE OF WORK

Owner is seeking a consultant to review the FCA and Survey, further investigate cooling system needs at each location identified in Section 2.02 above, provide electrical and mechanical evaluations of building systems and recommendations for appropriate system upgrades. Owner expects the selected Consultant to provide Services generally consisting of professional architectural and engineering design services for the Project, including but not limited to schematic design, design development, ensuring compliance with LEED requirements, and preparing cost estimates for the Project. A more comprehensive description of the Services can be found in Attachment A, Sample Contract, Exhibit A, Statement of Work.

2.04 ESTIMATED SCHEDULE

Proposed Project Schedule: Phase Estimated Schedule

Phase 1 – Evaluation and Recommendations Report: 12 Weeks

Phase 2 - Design: 12 Weeks

This schedule is a tentatively proposed timeline and may be subject to change.

2.05 APPLICABLE DEFINITIONS

This paragraph contains some definitions and meanings that are used throughout this Request for Proposals (RFP), including appropriate abbreviations. Capitalized terms not specifically defined in this RFP are defined in ORS 279A.010, 279C.100, OAR 137-046-0110 and OAR 137-048-0110.

"A/E" means architectural services, engineering services or both architectural and engineering services and used to describe a Proposer, firm or type of professional services associated with this RFP.

“Award” means a Proposer has been awarded a Contract for Services. The deadline for protest of Proposer selection has passed and no aggrieved Proposer has filed a protest of the selected Proposer.

"Contract" An agreement between a state Owner (here, the “Owner”) and an A/E or A/E Related Service firm for the Services covered by this RFP.

“LEED” means the U.S. Green Building Counsel’s Leadership in Energy and Environmental Design (“LEED”) program standards.

"Oregon Department of Corrections” or “OWNER" is the State of Oregon Owner with responsibility for this RFP and for management of any Contract resulting from this RFP.

The general terms “can”, “may”, “should”, “preferably”, or “prefers” identifies a desirable or discretionary item of the RFP. Failure to comply with such an item will not result in the rejection of a Proposal.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

“Project Team or Project Team Members” means the Owner, the Consultant, and other contractors, consultants and agencies who will be responsible for various aspects of the Project.

"Proposal" is the Proposer’s response to this RFP.

"Proposer" is the entity submitting a response to this RFP solicitation.

"Proposer or Offeror" is any person, corporation, or partnership who chooses to submit a Proposal in response to this RFP, with the intent of providing A/E services for this Project.

“Request for Proposal” or "Request for Proposals" or "RFP" is this solicitation document, any attachments incorporated by reference, and any addenda issued for use in soliciting Proposals, for this Project.

"Responsive Offer" or "Responsive Proposal" means an Offer or Proposal which conforms in all material respects to the requirements set forth in the RFP as determined by the owner selection committee. Material respects of an RFP include, but are not limited to quality, quantity or delivery requirements.

"Selection Notice” means a formal written notice by Owner that a Proposer has been selected for an award and can enter into a Contract for Services after the protest period passes.

“Services” means the Services to be performed by the Consultant on the Project.

“State” is the State of Oregon, Department of Corrections.

In addition to terms defined elsewhere in this RFP, the definitions above apply to this RFP.

3.00 PROCUREMENT REQUIREMENTS

3.01 MINIMUM REQUIREMENTS

Proposer must be licensed to perform the Services and, if there is no licensing requirement for the particular profession involved or particular Services, must be duly qualified and professionally competent to perform the Services.

Registered Professional Engineer. Consultant may not provide engineering Services unless the Services are performed under the full authority and responsible charge of an Oregon Registered Professional Engineer as defined in ORS 672.002(2). The Professional Engineer must be currently registered in active status with the Oregon State Board of Examiners for Engineering and Land Surveying and must supervise and direct the work proposed under the Contract. As required by Oregon law, Consultant shall place their official Oregon Registered Professional Engineer certified seal and signature on all reports, maps, design drawings, and specifications delivered to Owner.

3.02 PROPOSAL SUBMISSION

Proposals must be submitted electronically via email.

Only one Proposal per Proposer shall be allowed. Proposals shall be submitted by email. To ensure proper identification and handling, all emails shall be clearly marked with RFP S-29100-00004309 in the subject line.

Email Address: doc.contractproposals@doc.oregon.gov

Subject Line: RFP S-29100-00004309

PROPOSALS MUST BE RECEIVED BY THE STATED DEADLINE.

Proposals will not be accepted after the Closing date/time as stated on page one (1) of this RFP or as may be extended by any subsequently issued Addenda.

Failure to comply with this requirement shall result in rejection of the Proposal as non-responsive.

Proposals must be received at the correct e-mail address (doc.contractproposals@doc.oregon.gov) on or before the due date and time indicated on page 1. Owner will not accept Proposals submitted after the Proposal submission deadline indicated on page 1 of this RFP.

Owner’s size limit for email attachments is 50MB. Proposers may send multiple emails in order to submit all required items. If multiple emails are used, Proposer must indicate how many emails are being sent for the RFP. Proposer shall not use ZIP files or MS Office documents with embedded macros. These are blocked by the Owner email system security. Owner is not responsible for, and will not accept, misdelivered Proposals. Proposers should consider setting email options to request an automatic delivery receipt for email submittals. Proposers may email or call the SPC to verify receipt of Proposal.

3.03 RFP PROTEST AND REQUEST FOR CHANGE

Prospective Proposers may submit a written protest of anything contained in the RFP and may request a change to any provision, specification or Contract term contained in the RFP, no later than seven (7) calendar days prior to the Proposal deadline set in the RFP Section 1.05. Protests shall follow the requirements set forth in OAR 137-048-0240(1). Each protest and request for change must include the reasons for the protest or request, and any proposed changes to the RFP provisions, specifications or Contract terms. DOC will not consider any protest or request for change that is submitted after the submission deadline. Protests shall be sent to the designated DOC contact for protest of proposer selection at the address specified in section 3.03 of this RFP. If DOC determines that additional information or interpretation is necessary, such information or interpretation will be supplied in Addenda that will be posted to OregonBuys. All such Addenda shall have the same binding effect as though contained in the main body of this RFP. Oral instructions or information concerning the specifications of the Project from State managers, employees or agents to prospective Proposers shall not bind the State.

DOC shall issue all Addenda not less than five (5) calendar days prior to the Proposal deadline.

3.04 PROTEST OF PROPOSER SELECTION

DOC will provide to all Proposers a copy of the Selection Notice that was sent to the highest-ranked Proposer. A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to DOC by email no later than seven (7) calendar days after the date of the Selection Notice. DOC will address all timely submitted award protests that are in accordance with OAR 137-048-0240(2).

Protests shall be received by DOC no later than 4:00 p.m. on the seven (7) calendar day after the date of issuance of the Selection Notice.

Address protests to:

Email: doc.contractproposals@doc.oregon.gov Subject Line: PROTEST OF AWARD TO RFP NO. S-29100-00004309 mailto:doc.contractproposals@doc.oregon.gov mailto:doc.contractproposals@doc.oregon.gov

Protests not filed within the time specified in paragraph 1, Section 3.03, above, or which fail to meet the requirements of OAR 137-048-0240(2) shall be rejected.

3.05 COST OF PREPARATION OF RESPONSE

Each Proposer is solely responsible for all costs incurred in Proposal preparation and participation in the Proposal evaluation, Award and Contract negotiation processes.

3.06 PROPOSAL REJECTION AND SOLICITATION CANCELLATION

Owner may reject any and all Proposals prior to Contract execution and may cancel this RFP at anytime if Owner believes it is in the public interest to do so. Owner is not liable for any costs or expenses incurred by RFP cancellation or Proposal rejection.

3.07 MINOR INFORMALITIES

Owner may waive minor informalities in Proposals. Minor informalities are: (1) matters of form rather than substance when evident in the Proposal, or (2) insignificant mistakes that can be waived or corrected without prejudice to other Proposers. Owner, in its sole discretion, may waive minor informalities or allow a Proposer to correct them. Examples of minor informalities include Proposer’s failure to:

a) Submit the required number of originals or copies, or both, of Proposals

b) Sign the Proposal in the designated block provided an authorized signature appears elsewhere in the

Proposal evidencing an intent to be bound.

3.08 INITIAL NEGOTIATIONS

If Owner does not cancel the RFP after it receives the results of the scoring and ranking for each Proposer, Owner has the right to negotiate a final Contract and will begin negotiating a Contract with the highest ranked Proposer. Owner will direct negotiations toward obtaining written agreement on:

a) Consultant's performance obligations and performance schedule;

b) Payment methodology and a maximum amount payable to Contractor for the Services required under the Contract that is fair and reasonable to Owner, taking into account the value, scope, complexity and nature of the Services; and

c) Any other provisions Owner believes to be in the best interest of the State to negotiate.

3.09 SUBSEQUENT NEGOTIATIONS

Owner shall, either orally or in writing, formally terminate negotiations with the highest-ranked Proposer if Owner and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. Owner may thereafter negotiate with the second-ranked Proposer, and if necessary, with the third-ranked Proposer, and so on, in accordance with Section 4(f) of OAR 137-048-0220 – Formal Selection Procedure. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, Owner may end the particular Formal Solicitation. Owner may also proceed with a new Formal Solicitation for the same Services or take other procurement action that Owner determines is in the best interest of the State.

Upon successful negotiation of terms, the successful Proposer will be required to enter into the State’s Standard Professional Services Contract in substantially the form set forth in the sample contract attached to this RFP as Attachment A.

3.10 DISPUTES

In case of any doubt or differences of opinion as to the items or Service to be furnished hereunder, or the interpretation of the provisions of the RFP, the RFP on file with Owner shall govern and the decision of the State of Oregon shall be final and binding upon all parties.

3.11 CLARIFICATION OF RESPONSES

Owner reserves the right to request clarification of any item in a Proposal or to request additional information necessary to properly evaluate a particular Proposal. All requests for clarification and responses shall be in writing. Except for requests and responses related to a clarification necessary to evaluate whether a Proposal has met minimum requirements, all requests for clarification and responses shall be provided to each selection committee member.

3.12 REFERENCES

Owner reserves the right to investigate references including customers other than those listed the Proposal. Investigation may include past performance of any Proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers. Supportive references are required.

3.13 COLLUSION

A Proposer submitting a Proposal hereby certifies that no officer, agent or employee of the State has a pecuniary interest in this Proposal; that the Proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer and that the Proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

3.14 OREGON FALSE CLAIMS ACT

Each Proposer, by submitting a Proposal in response to this RFP, thereby certifies that it understands that any statement or representation contained in or attached to its Proposal, and any statement, representation, or application the Proposer may submit under any contract Owner may award under this RFP, that constitutes a “claim” (as defined by the Oregon False Claims Act, ORS 180.750(1)), will be subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

3.15 PUBLIC RECORDS

All Proposals and protests are public information after the Proposals have been opened and after the protest period ends. However, copies of Proposals will not be provided until the evaluation process has been completely closed and a Contract has been executed with the selected Proposer. Copies of public information may be requested by any person. Therefore, if the Proposer considers any part of its Proposal or protest a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS

192.311 through 192.478, the Proposer must clearly designate that portion as confidential in order to obtain protection, if any, from disclosure at the time of submission. See Oregon Revised Statutes 192.311 through 192.478, and 646.461 to 646.475. Application of the Oregon Public Records Law shall determine if the confidential information claimed to be exempt is in fact exempt from disclosure.

3.16 CONFIDENTIAL OR PROPRIETARY INFORMATION:

Following award of a Contract, responses to this RFP are subject to release as public information unless the response or specific information contained therein is identified as exempt from public disclosure. Proposer is advised to consult with legal counsel regarding disclosure issues.

If a Proposer believes that any portion of a Proposal contains any information that is considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192.___[Proposer to cite appropriate exemption], and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under Oregon Public Records Law. If Proposal fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer is deemed to have waived any future claim of non-disclosure of that information.

Pursuant to ORS 279C.107, Proposers may schedule requests for inspection of any RFP file after negotiations have been completed with the selected Proposer and a Contract has been executed.

3.17 CERTIFICATION OF COMPLIANCE WITH DISCRIMINATION LAWS

Each Proposer, by submitting a Proposal in response to this RFP, thereby certifies that it has not discriminated against minority, women or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, as that term is defined in ORS 408.225, in obtaining any subcontracts, and that the Proposer is not in violation of any discrimination laws.

3.18 PROPOSAL VALIDITY

Proposals shall remain valid for a period of ninety (90) days following the deadline set for receiving Proposals.

4.00 PROPOSAL FORMAT, EVALUATION, AND SELECTION

4.01 PROPOSAL FORMAT

The Proposal shall be limited in format and length. All Proposals shall be typed and single-spaced, with font size no smaller than 11 point. Proposal pages shall be numbered consecutively. Format will be 8-1/2" x 11" with foldout sheets allowed up to 11" x 17" in size. If there is any question as to format requirements contact the SPC for clarification, prior to submittal of the Proposal.

Proposals shall be prepared providing a concise description of the Proposers’ ability to meet the requirements of this RFP. Emphasis should be placed on completeness, clarity and organization. The Proposals must be arranged in separate sections according to the Proposal content requirements described below.

4.02 EVALUATION AND SELECTION PROCESS

An evaluation committee (“Evaluation Committee”) consisting of not less than three (3) individuals with expertise in the Project area ("Evaluators") will evaluate Proposals. Each Evaluator will assign scores to each Proposal for each of the 5 (five) non-price categories specified below and further described in section 4.03:

Proposal Elements Maximum Possible Score

A. Cover Letter/Background 10 points

B. Proposer History/Philosophy 15 points

C. Project Approach/Schedule 25 points

D. Experience of Assigned Project Team Members 25 points

E. Proposer’s Experience 25 points

F. Required Forms Pass/Fail

Total Maximum Possible Score: 100 points

Each Evaluator will review and assign a score to each section of the Proposal that corresponds to the Proposal elements A through E, above, and evaluation criteria described under section 4.03. After determining all criteria scores, each Evaluator will add up the scores awarded for each criterion and determine the total score out of 100 possible points for each Proposal. After scoring each Proposal in this manner, each Evaluator will rank each Proposal from highest to lowest, with the Proposal ranked #1 being the Proposal with the highest total score.

The Evaluation Committee will add all rank numbers assigned to each Proposal to determine that Proposal’s final rank number. The highest-ranked Proposal will have the lowest final rank number. If two or more Proposals have tied rank numbers, the Evaluation Committee will determine the final ranks of the tied Proposals by consensus determination of the ranking that is in the best interests of the State.

An oral interview may be scheduled if it is determined to be in the best interests of the State. The Proposers with the highest final ranking of the written evaluation scores, but not more than three (3), will be invited to an oral interview with the Evaluation Committee, if interviews are conducted. Questions used to evaluate the finalists during the oral evaluations will be provided prior to the interview. No additions, deletions or substitutions may be made to Proposals during the oral evaluations that cannot be viewed as a clarification, as solely determined by Owner.

After the oral interview evaluations, each Evaluator will assign a score to each oral interview evaluation criterion and the criteria scores for the oral interview evaluation (up to a total of 50 possible points) will be summed for each Proposal. After scoring each Proposal in this manner, each Evaluator will add the score for the oral interview evaluation to the previous score for the Proposal for each Proposer. Each Evaluator will add the scores and determine the total score out of 150 possible points for the combination of oral interview and evaluation of the Proposal for each Proposer. After scoring each Proposal in this manner, each Evaluator will rank each Proposal from highest to lowest, with the Proposal ranked #1 being the Proposal with the highest total combined score.

The Evaluation Committee will add all rank numbers assigned to each Proposal for the oral interview evaluation and Proposal evaluation to determine that Proposal’s final rank number. The highest-ranked Proposal will have the lowest final rank number, which will be at least, but may be greater than, 3. The Proposer with the lowest Total Evaluation Ranking number for interviews will be considered as the highest ranking Proposal for award purposes. If two or more Proposals have tied rank numbers, the Evaluation Committee will determine the final ranks of the tied Proposals by consensus determination of the ranking that is in the best interests of the State.

4.03 PROPOSAL ELEMENTS and EVALUATION CRITERIA

Each Proposal shall include responses covering the specific information requested below for each of the categories. Responses shall be presented by category in the order listed below, and will be scored by the Evaluators using the number of points available for that category. The relative importance of the 5 (five) non-price categories is indicated by the points available for scoring in that category. The highest total score available for all categories together is 100 points.

A. Cover Letter/Background (0 - 10 points available)

Each Proposal shall include a cover letter with the following:

a) A statement that Proposer accepts the terms and conditions contained in Attachment A, Sample State of Oregon, Standard Professional Services Contract;

b) A brief summary of Proposer’s experience in the programming and design phases for projects similar to the Project (which will be covered in more detail by Proposer’s response to Section E, below);

c) A brief summary of Proposer’s experience in energy-efficient building design and control strategy optimization;

d) A brief summary of Proposer’s knowledge in designing for the requirements for the State of Oregon State Energy Efficiency Design (“SEED”) and Solar Energy programs; and

e) A statement that the Proposal is valid for at least ninety (90) calendar days following the Proposal Submission Deadline; and

f) A statement certifying that no officer, agent or employee of the Department of Administrative Services has a pecuniary interest in the Proposal; that the Proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer and that the Proposer is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm.

B. Proposer History/Philosophy (0 - 15 points available)

Each Proposal shall describe the Proposer’s history as well as Proposer’s philosophy for approaching projects similar to this Project. Each Proposal shall include the following information:

a) A description of Proposer’s size and corporate structure;

b) Proposer’s organizational chart showing staff to be assigned to this Project; and

c) A description as to how Proposer will maintain stability in assigned Project staff during the Project.

C. Project Approach / Schedule (0 - 25 points available)

Proposals shall demonstrate an understanding of Project requirements and the steps necessary to successfully meet the Project goals. Each Proposal shall include the following:

a) A step-by-step detailed description as to how the Proposer would approach the Project in order to minimize Project costs, provide Services in a timely manner, and ensure Project quality;

b) An outline of the elements of the Services to be performed, in the stages and a schedule for the performance of the Services elements; and

c) A description of how the Proposer will meet Project objectives within the schedule;

d) A description of how the Proposer’s Project team members will interact effectively with each other, with Owner, and with all other Project participants including Institution Staff.

D. Experience of Assigned Project Team Members (0 - 25 points available)

Each Proposal shall specifically identify each individual employee and Sub-consultant intended to assist Proposer with Project Services and shall include the following for each identified employee and Sub-consultant:

a) Names and titles of all staff (employees and Sub-consultants’ employees) assigned to Project;

b) Resumes for all staff assigned to the Project that include a summary of the staff professional qualifications and relevant experience, including but not limited to: education, years of experience in design field, years in proposed Project capacity, industry licenses, and certifications.

c) A summary of Project staff experience within the past 5 years on projects similar in size and scope to the Project, and the dollar amount, size and description of the projects, including experience organizing, scheduling, coordinating and producing Eco-Charrette reports for those projects.

E. Proposer’s Experience (0 – 25 points available)

Each Proposal shall include the following:

a) A completed Proposer Reference Form attached as Attachment C to this RFP;

b) A list and brief project description of up to ten (10) projects that Proposer has been the principle architect of record within the last 5 years;

c) The initial construction contract amount for the individual projects identified under subsection b above, and the final construction contract amount after all change orders;

d) A 5-year work history being a principal or a consultant for projects similar to the Project;

e) A detailed description of Proposer’s experience organizing, scheduling, coordinating and producing

Eco-Charrette reports; and

f) A detailed description of Proposer’s experience with designing buildings based on the principles of sustainability, energy conservation, and indoor air quality, and experience with designing buildings in accordance with LEED.

F. Required Forms (Pass/Fail)

a) Attachment B – Proposer Information and Certification Sheet.

b) Attachment C –Reference Form.

c) Attachment D – MWESB Outreach Plan

G. Interviews (optional) (0 – 50 points available)

5.00 CONTRACT TERMS AND CONDITIONS

5.01 THE STATE OF OREGON PROFESSIONAL SERVICES CONTRACT

Owner and the Successful Proposer shall execute the standard form of State of Oregon Professional Services Contract, a sample of which is attached to this RFP as Attachment A. If Proposer takes exception to any portion of the Contract, Proposer must request change as described in Section 3.02 of this RFP. Owner will not consider Contract exceptions stated in the Proposal. If any discrepancies, inconsistencies or ambiguities exist between the Proposal and the RFP, the RFP takes precedence.

5.02 INSURANCE REQUIREMENTS

Insurance requirements for the Contract are specified in “Exhibit C - Insurance Provisions” of Attachment A.

5.03 LEGAL COMPLIANCE

Proposer must comply with all applicable requirements of federal and state civil rights law and rehabilitation statutes including the Americans with Disabilities Act.

5.04 RECYCLABLE PRODUCTS

The State of Oregon encourages use of recyclable products to the maximum extent economically feasible in the performance of the contract Services set forth in this document.

5.05 CERTIFIED BUSINESS FIRM PARTICIPATION (ORS 200.005 to 200.075; ORS 200.160 to 200.200;

ORS 279A.105)

Participation By Disadvantaged Business Enterprises, Minority-Owned Businesses, Woman-Owned Businesses, Businesses Owned by Service-Disabled Veterans and Emerging Small Businesses.

As noted in Executive Order 12-03: “Minority-owned and Woman-owned businesses continue to be a dynamic and fast-growing sector of the Oregon economy. Oregon is committed to creating an environment that supports the ingenuity and industriousness of Oregon’s Minority Business Enterprise [MBE] and Woman Business Enterprise [WBE]. Emerging Small Business [ESB] firms are also an important sector of the state’s economy.”

Any Oregon firm that is certified as a disadvantaged business enterprise, minority-owned business, woman-owned business, business owned by a service-disabled veteran or emerging small business, as defined in ORS 200.005 and pursuant to ORS 200.055 (a “Certified Business Firm”), has an equal opportunity to participate in the performance of contracts financed with State funds. By submitting its Proposal, Proposer certifies that it will make good faith efforts to ensure that Certified Business Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement. Proposer further certifies and agrees that it has not discriminated and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin, and it has not discriminated and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a Certified Business Firm pursuant to ORS 200.055.

If there may be opportunities for subcontractors to work on the Project, it is the expectation of the Owner that the Proposer will take reasonable steps to ensure that Certified Business Firms are provided an equal opportunity to compete for and participate in the performance of any contract resulting from this procurement or any subcontracts associated with Services to be performed under any contract resulting from this procurement.

The information submitted in response to this clause will not be considered in any scored evaluation and no evaluative points will be assigned to the information.

To meet the requirements of this clause, please complete the Certified Business Firm Outreach Plan, Attachment D. The Certified Business Firm Outreach Plan will become a contractual obligation in the event the Proposer receives a contract award and signs the resulting contract.

Furthermore, as and when applicable, the successful Consultant executing any resulting contract shall maintain any Certified Business Firm certifications applicable to the Consultant, and require in its subcontracts that subcontractors maintain any applicable Certified Business Firm certifications required by Section 2, Chapter 325, Oregon Laws 2015, as amended by Section 26, Chapter 565, Oregon Laws 2015 as a material condition of the contract. If the Consultant or subcontractor was awarded the contract or any underlying subcontract, as applicable, in the course of the State’s carrying out an affirmative action goal, policy or program under ORS 279A.100 – 279A.107, and fails to maintain the required certification, Owner may terminate the contract, require the Consultant to terminate the subcontractor, or exercise any of the remedies reserved for a breach of the contract.

5.06 CERTIFICATE OF PAY EQUITY TRAINING

This is a legislatively-mandated requirement effective January 1, 2016. Prior to execution of the Contract, the apparent successful Offeror must submit to Owner within 7 calendar days of notification of intent to award, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under 2015 Oregon Laws, chapter 454, section 2. This requirement applies only to Offerors that employ 50 or more full-time workers and only if the Contract has an estimated contract price that exceeds $500,000.

5.07 SILENCE OF SPECIFICATION

The apparent silence of this scope of work, any specifications and any supplemental specifications as to any detail, or the apparent omission from one of these areas of a detailed description concerning any point, shall be regarded as meaning that only the best commercial and industrial practice is to prevail and that only materials and workmanship of first quality are to be used.

Services not specifically mentioned in the RFP, but which are necessary to provide the functional capabilities described by the Proposer, must be itemized in the Proposal.

6.00 ATTACHMENTS

The following items are attached separately as part of this RFP:

6.01 Attachment A: Sample Professional Services Contract

6.02 Attachment B: Proposer Information and Certification Sheet

6.03 Attachment C: Reference Form

6.04 Attachment D: Certified Business Firm Outreach Plan

6.00 ATTACHMENTS