RFP 00002426 Employee Benefit Plan Consultant Services.pdf

RFP #00002426 Page 1 of 26 Project #131969

City of Portland, Oregon

RFP NO. 00002426

PROFESSIONAL, TECHNICAL, AND EXPERT SERVICES (PTE)

REQUEST FOR PROPOSALS

for

Employee Benefit Plan Consulting Services

Date Issued: October 25, 2024

Proposals Due: November 22, 2024 by 4:00 p.m. Pacific Time

SUBMITTAL INSTRUCTIONS: Submit one (1) Adobe PDF electronic copy clearly marked “Master” or “Original,” and if redactions are requested, one (1) additional electronic copy, in MS Word format with redactions made (the Redacted for Public Disclosure Copy) through the City’s Online Procurement Center:

https://procure.portlandoregon.gov/bso/

REFER QUESTIONS TO:

Tristan Sakamoto Senior Procurement Specialist Procurement Services Phone: (503) 823-8867

Email: Tristan.Sakamoto@portlandoregon.gov https://procure.portlandoregon.gov/bso/

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I. Table of Contents II. Proposal Requirements

A. General Information

1. Purpose

2. Background

3. Business Challenge

4. Outcomes Desired

5. Work Overview

6. RFP Estimated Timeline

III. Proposal Development

A. Proposal Preparation

1. Pre-Proposal Meeting

2. Questions or Clarifications

B. Proposal Submission

1. Proposals Due

2. Proposal Page Limit

3. Proposal Submission

4. Proposal Components

C. Proposal Submittal Checklist

IV. Proposal Evaluation

A. Proposal Review and Selection

1. Evaluation Overview

2. Evaluation Process

B. Award Review and Protest

1. Review:

2. Protests:

V. Terms and Conditions

A. RFP Process

B. Award and Contracting Process

VI. RFP Attachments ................................................................... Error! Bookmark not defined.

A. Anticipated Statement of Work

1. General Scope

2. Technical and Required Services

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3. Work Performed by The City

4. Deliverables and Schedule

5. Place of Performance

6. Period of Performance

7. Performance Management

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II. Proposal Requirements

A. General Information

1. Purpose This Request for Proposals (RFP) document is a request for sealed competitive proposals under Portland City Code Chapter 5.68. The City of Portland is seeking proposals from qualified proposers with demonstrated experience in employee benefit plan consulting services. Defined terms in this RFP are listed in the attached sample contract.

The City of Portland’s Bureau of Human Resources Health & Financial Benefits Office is responsible for the management and administration of the health and welfare program available to City employees, retirees, and other eligible continuation participants. Approximately 7,300 employees and former employees are enrolled in the City’s various plans that cover approximately 19,000 lives. There are an additional 2,000 employees who are not in regular, benefit eligible positions but are reviewed for Affordable Care Act eligibility and/or access to other ancillary plans.

We are seeking a consultant(s) with demonstrated experience in public sector health and welfare plans who can help align our plans with the City of Portland’s Core Values https://www.portlandoregon.gov/bhr/article/765248.

2. Background The Bureau of Human Resource’s Health & Financial Benefits Office manages separate health benefit programs for:

a. Portland Police Association members;

b. Seasonal Maintenance Workers, Seasonal Park Rangers, and Affordable Care Act

(ACA) Eligibles

c. The balance of employees including represented (10 collective bargaining contracts) and nonrepresented employees;

d. Medicare and Non-Medicare eligible retirees.

The City works with a 20 member Labor Management Benefits Committee (LMBC) to review, collaborate, and recommend benefit plan design changes to City Council for implementation.

Additional work is done with Portland Police Association to ensure recommended changes are aligned with the City’s Core Values.

The City offers multiple medical plan options including PPOs, HMOs, and High Deductible Health Plans. There are also three different dental offerings, including a buy-up option where an employee pays the difference in premium. Vision is bundled with medical, and employees enrolled in the self-funded plans have an optional buy-up vision plan for greater needs.

Portland Police Association plans are kept separate from other employee groups, in addition to being held in a different health operating fund.

https://www.portlandoregon.gov/bhr/article/765248

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Seasonal Maintenance Workers, Seasonal Park Rangers, and ACA eligibles are offered a self-insured bundled medical, dental, and vision package along with an Employee Assistance Program (EAP).

The varied medical plan options are intentional, so employees, retirees, and eligible dependents have access to comprehensive networks and overall choice in what they value for their healthcare needs.

Additional benefits such as life insurance, disability, employee assistance programs, flexible spending accounts, family expanding and fertility offerings, etc. are also offered to employees and eligible dependents and/or household members.

We currently offer two Employee Assistance Programs and vendor partners due to the unique needs of our first responder groups.

Retirees are offered continuing medical, dental, vision and EAP plans for themselves and eligible dependents up to age 65 at their own cost. More information on retiree eligibility and coverage options are included in the Benefit Handbooks (Exhibits A-C).

Please see three Benefit Handbooks for plan details and eligibility information for LMBC Employees (Exhibit A), PPA Employees (Exhibit B), and CityBasic Employees (Exhibit C).

3. Business Challenge The City seeks to partner with a collaborative consulting group who can evaluate the City’s benefit program to ensure compliance in an ever-changing environment and ensure our benefits package is competitive in a challenging market. The City seeks a partner who is well versed in public sector benefit challenges, including how we’re funded, to ensure the fiduciary responsibility we have to our plan participants and bureau budgets.

4. Outcomes Desired

a. Provide routine group benefit and general health care consulting advice.

b. Provide ongoing analysis and planning of new approaches, mandates, compliance and/or requirements to employee benefits.

c. Ensure the City’s benefits offerings are in compliance with all Federal, State, and local laws.

d. Develop and/or have already available tools necessary to monitor claims and cost trends, actuarial assumptions, and annual rate calculations under the self-insured medical and dental programs.

e. Develop five-year rate projections for all health plans to meet City budgeting requirements.

f. Develop quarterly loss ratio reporting for all self-funded plans.

g. Perform annual rate analyses; develop, evaluate, and negotiate all insured plan renewals for each fiscal year.

h. Prepare annual renewal letters for contracted vendors.

i. Prepare, manage, and evaluate RFPs for employee benefits as required by the City.

Make recommendations based on responses.

j. Ensure accurate follow-through on all negotiated contractual arrangements made between the City of Portland and any administrators or insurance carriers utilized by the City. Monitor vendor performance guarantees as applicable.

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k. Help ensure implementation of new benefit, administrator or carrier is completed as contracted.

l. Ensure self-funding arrangements and other arrangements with any administrator and/or insurance carriers are strictly adhered to.

m. Provide professional support to the Labor Management Benefits Committee as directed by the Benefits Manager.

n. Provide actuarial and benefit plan cost modeling analyses related to collective bargaining and plan design changes recommended by the Labor Management Benefits Committee and/or Portland Police Association.

o. Prepare employee communication materials such as handbooks, plan documents, and other communications as required by the City. Support open enrollment activities.

p. Assist with benefit issues related to coverage, claims, billing, and other related matters.

q. Provide information and analysis on new concepts and innovations in employee benefits.

r. Assist the City in establishing a strategic plan for employee benefits.

s. Be available to meet with City leadership and benefits staff to discuss any of the above-mentioned desired outcomes as needed.

5. Work Overview Overview of Required Services:

The awarded Contractor shall be expected to work closely with designated City of Portland personnel to perform the tasks and generate the Deliverables described generally below.

a. Rate projections and trend analysis

b. Provide information on best practices for strategies to reduce plan costs using Citywide well-being initiatives.

c. Assess and communicate the short-term (e.g two year) and the long-term (e.g. five year) risks, technical requirements, and cost strategies related to healthcare reform or other State and/or Federal laws as needed to ensure the City remains compliant on or before mid-January of each year.

d. Conduct initial negotiations with City’s benefit plan vendors for annual rate renewals and make recommendations to the City’s Benefit Manager no later than January 10th of each plan year.

e. Prepare an annual benefit cost management report that is an enhancement to existing reporting from Carriers by November 1st of each plan year. The report shall include but not be limited to:

f. Assist in the placement of all insurance and third-party administrator (TPA) contracts (currently nine) as requested by the Project Manager, including but not limited to:

g. Assist in the management of insurance and TPA contracts, including:

h. Proactively inform he City of any existing and/or pending legal and tax requirements with respect to employee benefit plans

i. Conduct additional studies and analysis, but not be limited to the following:

j. Provide support to Project Manager and Benefits team with respect to City Council presentations.

k. Assist in the development of employee communication materials.

l. Assist in the development of annual calendars, including but not limited to the following information:

m. Coordinate with the City and carriers on any required data and submission for compliance reporting

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n. Provide consulting and actuarial support to union negotiations regarding employee benefit issues which may include model cost projections

o. Conduct retiree medical valuation as needed to comply with Other Post Employment Benefits (OPEB) under the Governmental Accounting Standards Board (GASB)

p. Attend meetings with Labor Management Benefit Committee, Portland Police Association, Office of Management & Finance, Bureau of Human Resources, and vendors as requested by the Benefits team.

Sustainability Considerations for Professional Services:

1. Whenever possible, deliverables shall be submitted electronically. Any paper-based deliverables shall be printed double-sided and in bindings or report covers that are fully recyclable, using materials containing post-consumer waste (PCW) recycled content.

2. Unless otherwise indicated, video conferencing and/or audio conferencing shall be maximized in lieu of in-person meetings that would require long-distance travel for any participants.

3. If applicable, any in-person meetings/events shall follow green meeting best practices, including but not limited to:

a. Reducing paper waste through online communications and/or meeting apps, double-sided printing, electronic signage, reusable name tags, etc.

b. Reducing food waste by utilizing reusable food service ware (coffee carafes, durable dishware, etc.) getting accurate attendee head counts for meals, utilizing water pitchers/dispensers (no bottled water), serve food family-style or via buffet (avoid boxed lunches), etc.

c. Offering healthy, low-carbon foods.

d. Select meeting/event locations that are easily accessible by public transit and/or biking/walking.

e. Select meeting venues that follow sustainable practices, such as comprehensive recycling and composting programs.

f. Any paper meeting/event materials utilize paper made with high percentages of post-consumer waste (PCW) recycled content and are fully recyclable.

6. RFP Estimated Timeline The following is the estimated timeline for the RFP and Contracting process:

Event Date Deadline for RFP Questions November 15, 2024 Written proposals due at 4:00 p.m. (Phase 1 response) November 22, 2024 Posting of the short list and Phase 2 Instructions (if applicable) December 13, 2024 Notice of Intent to Award posted December 31, 2024

The City reserves the right to adjust the above noted schedule as necessary.

III. Proposal Development

A. Proposal Preparation

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1. Pre-Proposal Meeting There will be no pre-proposal meeting or site visit scheduled for this Project.

2. Questions or Clarifications It is the proposer’s responsibility to ask questions, request changes or clarifications, or otherwise advise the City of Portland if any language, specifications or requirements of this RFP appear to be ambiguous, contradictory, or appear to inadvertently restrict or limit competition to a single source.

Questions and requests for clarification regarding this RFP must be directed in writing, via email, to the person listed on the title page at least seven (7) Calendar Days prior to the proposal due date. Any questions received less than seven (7) Calendar Days prior to the RFP opening date may not be answered.

In order to maintain a fair and equitable RFP process, the City shall provide all additional relevant or pertinent information via the issuance of an addendum.

B. Proposal Submission

1. Proposals Due Proposals must be received by the City no later than the date and time specified on the first page of this solicitation. It is the proposer’s responsibility to ensure that proposals are received prior to the specified closing date and time, and in the manner required by Part II, Section B.3 below. Proposals received after the specified closing date, or time or in a manner other than specified in this RFP, shall not be considered, and will be rejected.

2. Proposal Page Limit Proposals must be clear, succinct and not exceed twenty (20) pages.

Those portions of a Proposal excluded from the page limit are identified in RFP Part II Section C, Proposal Submittal Checklist.

The City will evaluate all proposals on the completeness and quality of the content. Proposers who submit more than the pages indicated may not have the additional pages of the proposal read or considered.

3. Proposal Submission For purposes of this proposal submission, the proposer shall submit: one (1) original copy of their proposal and all separately attached documents in PDF format through the City’s Online Procurement Center (BuySpeed) at:

https://procure.portlandoregon.gov/

Please see attached BuySpeed submittal instructions (RFP Attachment 1).

Online submittal instructions are also available at:

https://www.portland.gov/businessopportunities/documents/buyspeed-electronic-submittal-instructions https://procure.portlandoregon.gov/ https://www.portland.gov/businessopportunities/documents/buyspeed-electronic-submittal-instructions https://www.portland.gov/businessopportunities/documents/buyspeed-electronic-submittal-instructions

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Proposers may request additional assistance from City staff with the submittal process prior to the proposal due date listed on the cover page of this RFP. Assistance is based on the availability of City staff and all requests for assistance shall be sent via email to the contact listed on the cover page of this RFP.

Requests for scheduled assistance shall be made at least one week prior to the proposal due date. Requests for assistance after the scheduling deadline will be based on availability of staff to respond to requests. Assistance by City staff does not guarantee proposal submission will be completed accurately, on-time, or that proposals will be considered responsive. Compliance with all proposal submission requirements are still the responsibility of the Proposer even if assistance is provided.

To avoid potential issues with the submission of Proposal Documents, Proposers should avoid file names that utilize special characters (e.g. &*-_+#@). Proposers should limit file names to no more than sixty (60) characters in length. Proposers should attempt to reduce the size of files being submitted to reduce the chance of failure of uploading documents in Buyspeed.

Disclaimer: These instructions are advice only and the City does not warrant that following these instructions will guarantee that a proposer’s proposal is submitted correctly. Proposers bear complete and total responsibility for ensuring their proposal is properly submitted and received on time.

The entire proposal must be properly submitted through the City’s Online Procurement Center (BuySpeed) before the time and date specified on the cover page of this RFP. Proposers are advised to allow extra time to upload their proposal documents into BuySpeed.

4. Proposal Components Proposers must provide all information requested by the City in this RFP in their Response.

Responses must follow the format outlined in this RFP. Additional or unrequested materials, and proposals submitted in other formats, may not be considered.

a. Cover Letter The Proposal Cover Letter shall include a general statement of the purpose for submission and must be signed by a legal representative of the proposer who is authorized to bind the proposer in contractual matters. A proposer’s submission of a proposal through BuySpeed constitutes an electronic signature of the proposal.

b. Proposer Information Form Proposers shall fully complete and submit the Proposer Information Form (Attachment 2).

c. Proposer Capabilities The Proposer must provide the following as part of their proposal:

General firm description:

1. Describe your firm’s legal structure, areas of expertise, length of time in business, number of employees, and other information that would be helpful in characterizing the firm. Provide the same information for any subconsultants to be utilized on the project.

2. Provide the address of the firm’s home office and the address of the office that will manage the project, if applicable.

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3. Describe similar projects performed within the last 5 years, which best characterize firm’s capabilities, work quality, customer service and cost control.

Of the projects listed:

a. Identify the client for which the project(s) were performed;

i. Include other self-insured public entities of similar size, scope of work, and with multiple bargaining units under contract with your group.

b. Provide name, address and phone number of a person who can be contacted regarding your performance on the project;

c. Provide description of type of work performed;

d. Describe the size of the project, and whether, it was completed, and whether it was over or under budget upon completion;

e. On projects for which your firm worked in an auxiliary capacity or in a joint venture or partnership, include the name of the lead firm;

4. Describe firm’s resources available to perform the work for the duration of the project and other on-going projects.

5. Describe your firm's experience planning and/or managing events/meetings following green meeting best practices. Provide examples from recent projects with other clients.

6. Describe firm’s management and organizational capabilities. Include:

a. a description of your firm’s overall management approach to accomplishing the project’s stated goals and objectives.

b. organizational charts and a statement regarding lines of authority and responsibility;

c. a statement regarding how the Proposer is prepared to respond promptly to problems and any changes to scope of work.

d. copies of standard financial reports currently used by Proposer in existing management contracts.

7. Describe your firm’s specific experience in:

a. accurate reporting and status updates, including but not limited to five-year projections, quarterly loss ratio reporting, and cost modeling analysis.

b. preparing, managing, and evaluating RFPs on behalf of the benefits team;

c. negotiating contractual agreements and ensuring new vendor implementation is completed;

d. delivery of consistent and high-caliber customer service;

e. informing clients of new and emerging trends in the benefits field; and

f. providing similar Products and Services to municipal agencies.

8. Describe qualifications and relevant experience of subcontractors and/or partnership entities, if any.

d. Project Team Provide the following:

1. Approximate number of people to be assigned to the project.

2. Extent of company’s principal member’s involvement.

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3. Names of key personnel who will be performing the work on this project, and their:

a. roles and responsibilities;

b. the location (City, State) of the office where they are based.

c. current assignments and location;

d. directly relevant experience on similar or related projects;

e. unique qualifications;

f. demonstrated performance record on similar projects;

g. percentage of their time that will be devoted to this project.

4. Identify training requirements for key personnel to keep current on industry best practices.

5. Resumes of key personnel proposed to be assigned to the project. Resumes shall include educational background, professional development, and demonstrate that the individual(s) meets the qualification and experience requirements for performing the work as outlined in this RFP.

6. Proposals must identify a proposed project manager who would be responsible for the day-to-day management of project tasks and would be the primary point of contact with your firm. Describe the project manager’s experience with similar projects and with managing and leading interdisciplinary teams. List other projects to which the proposed project manager is currently assigned.

e. Project Approach

1. Proposers shall provide a Scope of Work (SOW) for their proposed solution.

2. The City has provided information on the tasks, Deliverables, roles, and responsibilities anticipated for a successful Project.

3. The proposed SOW should demonstrate a clear and concise understanding of the Project.

4. For each phase identified in the proposed SOW, Proposers should provide the following information:

i. Describe the tasks and activities, the methodology that will be used to accomplish them, and which team members will work on each task;

ii. Describe the Deliverables that would result from each task or activity;

iii. Identify points of input and review with staff; and

iv. The time frame estimated to complete each task.

f. Pricing Proposal The proposal shall include the true estimated cost or fixed-price estimate for the proposed Project approach irrespective of the City’s anticipated cost. Additionally, this cost shall include the hourly rates of each person associated with the Project as well as the estimated number of hours each staff member will be expected to work on each task.

g. References

1. Proposer should include references from three (3) clients for which the proposer worked on projects of similar scope and complexity, within the past five (5) years.

Proposer should also include two (2) references from clients for which the proposer no longer provides services and/or contracts have been terminated.

Please include:

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i. Contact name

ii. Contract title

iii. Address

iv. Phone number

v. Email address

vi. Location/jurisdiction

vii. Summary of the project

viii. Project start and end dates

ix. Project contract value (initial and current ending value)

2. Reference Checks may be conducted by the City at any point during evaluation process. The City will make a reasonable attempt to contact each reference three

(3) times. If after three (3) attempts the reference does not respond, the reference shall not be evaluated, if applicable the proposer shall receive 0 points for that reference, and the proposer shall only be evaluated on their remaining references.

3. If the proposer provides more than the requested number of references, references beyond the requested number of references provided may not be contacted, evaluated or considered.

4. Right to Check Other References The City reserves the right to contact any additional references it deems appropriate or in its best interests when evaluating the proposer’s proposal. The City may conduct other reference checks with persons whose names have not been provided by the proposer, but of whom the City has knowledge.

5. Reference Uses, Responsibility Determination The City may use references to obtain additional information, break tie scores, or verify any information needed. Any References which indicate a failure to provide complete and accurate information in a Proposal may lead to rejection for lack of Responsibility.

h. Corporate Responsibility Through the adoption of The Portland Plan, the Social Equity Contracting Strategy, and Sustainable Procurement Policy, the Portland City Council has shown its commitment to contracting with socially and environmentally responsible businesses. The City values and supports diversity and is dedicated to advancing equity in public contracting by increasing opportunities for firms certified by the State of Oregon’s Certification Office for Business Inclusion and Diversity (“COBID”). The Social Equity Contracting Strategy promotes economic growth and encourages partnering and mentoring between large and small COBID firms on City contracts. Proposing firms are encouraged to use the Directory of Certified Firms on the COBID website https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN =oregon4biz) for identifying potential certified subcontractors.

All proposers shall address the following in their proposals:

i. Oregon State Certification Please indicate in your response if your firm is currently a COBID-certified firm.

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ii. Subcontracting to COBID-Certified Firms

a. Please list the total project Contract amounts being performed by the prime contractor and by any subcontractors on COBID Participation Disclosure Form 1 (attachment 4).

b. Points will be awarded based upon the relative value of work performed by COBID-certified subcontractors to the overall cost of the project.

*Note: Failure to submit Form 1 with your proposal may result in the proposal being found non-responsive and rejected.

iii. Workforce Diversity and Community Involvement

a. Describe your firm’s workforce demographics and any measurable steps taken to ensure a diverse internal workforce (e.g., women and people of color).

b. How do you approach internal on-the-job training, mentoring, technical training, and/or professional development opportunities for women and people of color?

c. Describe your firm’s employee compensation structure, (e.g., living wages, healthcare coverage, employee leaves, dependent care, etc.).

d. Describe your firm’s commitment to community service, (e.g., charitable programs, scholarships, economic development, etc.)

1. Sustainable Business Practices List the top five actions/ongoing practices your firm has implemented to reduce the environmental impacts of your operations (e.g., energy efficiency, use of recycled content or non-toxic Products, use of public transit or alternative fuel vehicles, waste prevention and recycling, water conservation, green building practices, etc.).

a. Regarding your top five actions, please reference implementation dates and/or timelines, and any performance metrics or third-party awards/recognition (such as Sustainability at Work).

b. Does your firm participate in any third-party sustainability related organizations, networks, or committees? If so, list up to five examples and how long your firm has been an active participant in each.

c. The City expects thoughtful consideration of all of the above Corporate Responsibility criteria in the preparation of proposals. The City will enforce all COBID commitments submitted by the successful proposer. The successful proposer will not be permitted at any time to substitute or delete any COBID Certified subcontractor without the prior written approval of the Chief Procurement Officer.

d. Does your firm have a travel policy that incorporates strategies for reducing greenhouse gas (GHG) emissions? If so, attach a copy of the policy (does not contribute to your proposal page limit) or provide a web-link to online documentation; highlight whether the policy includes purchasing carbon offsets to offset travel-related GHG emissions.

e. Provide information on any other potential opportunities for reducing greenhouse gas (GHG) emissions applicable to your proposal that you think the City should know about.

i. Exceptions and Deviations to The Sample Contract Proposals will be scored based on the material and qualitative impacts of proposed deviations to the Sample Contract. Both the amount and significance of proposed deviations to the Sample Contract will be considered in determining whether a proposer will receive full points or a lower score in this section.

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The Sample Contract attached as Attachment 8 contains the terms and conditions that will govern the resulting Contract between the City and the Contractor.

As part of the Evaluation Phase 1 proposers shall be required to submit exceptions and deviations to the City’s Sample Contract. The proposer must identify the specific provision the proposer would like to negotiate, provide an explanation of why the proposer believes the provision should be a negotiable provision, and provide the suggested revised language. RFP Attachment 5 contains an exception and deviation request form for submission as part of proposal. Exception and deviation requests that are not submitted in the format of RFP Attachment 5 may not be considered. Requests that state the entire Contract be negotiated will not be considered.

j. Proposal Redactions for Public Records Purposes Any portion of a proposal that the proposer claims as exempt from disclosure must meet the requirements of Oregon public records law. When preparing their proposal submission, if the proposer requests redactions to their proposal, the proposer shall provide one (1) “Redacted for Public Disclosure” copy of the proposal in unprotected MS Word format with the requested redactions highlighted in yellow with their submission. The “Redacted for Public Disclosure” copy shall be a complete copy of the submitted proposal, in which all information that the proposer deems to be exempt from public disclosure has been identified. The proposer shall also include a completed “Redaction Summary Form” (RFP Attachment 6) detailing the location of all redacted information and reason for redaction.

When exempt information is mixed with nonexempt information on the same page, the exempt information must be redacted in such a way as to allow the disclosure of the non-exempt information. Should the proposer determine that no redactions are required, that should be indicated in the proposer Information Form. If a proposer fails to submit a “Redacted for Public Disclosure” copy of their proposal as required, the City may release the proposer’s original proposal without redaction.

C. Proposal Submittal Checklist

Each complete proposal must contain the following, in the order indicated below.

Proposal Component Status Included in narrative page limit?

Cover Letter Required Y

Proposer Information Form Required N

Proposer Capabilities Required Y

Project Team Required Y

Project Approach Required Y

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Pricing Proposal Required N

References (3) Required N

Corporate Responsibility, including:

COBID Participation Disclosure Form

Required N

Exceptions and Deviations to Contract (include only if applicable)

Optional N

Redaction Summary Form Required if Redacted for Public Disclosure Copy is provided.

N

Redacted for Public Disclosure Copy Optional N

IV. Proposal Evaluation

A. Proposal Review and Selection

1. Evaluation Overview A Selection Review Committee (Committee) will be appointed to evaluate the proposals received. For the purpose of scoring proposals, the Committee will evaluate each proposal in accordance with the criteria listed below. The Committee may seek the assistance of outside expertise, including, but not limited to, technical advisors and subject matter experts. The Committee may require a minimum of ten (10) Business Days to evaluate and score the proposals.

The choice regarding how or when to proceed, the need for additional clarifications, decisions to begin or terminate negotiations, determination of a reasonable time, decisions to open negotiations with a lower scoring proposer, and any decision that a solicitation should be cancelled are all within the sole discretion of the City.

2. Evaluation Process The proposal evaluation process consists of a series of evaluation phases that may lead to the identification of a finalist. Each proposal will be evaluated in accordance with the following evaluation criteria:

a. Responsiveness, Responsibility, and Mandatory Criteria The City shall determine if the proposer is a Responsible Proposer that has submitted a Responsive Proposal, in accordance with Portland City Code.

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b. Evaluation Phase 1 – Written Scoring Proposals meeting the responsiveness, responsibility, and mandatory requirements will be further evaluated as part of Evaluation Phase 1. This step consists of a detailed review of the written proposal responses as follows:

Phase 1 Evaluation Criteria

Criteria Maximum Phase 1 Score

Point Distribution by Subsection

1. Technical and Required Services 15

2. Proposer Team and Capabilities 20

3. Project Approach 20

4. Contract Deviations 10

5. Pricing Proposal 10

6. References 5

7. Corporate Responsibility 20

OR State Certification 4 COBID Subcontracting 8 Workforce Diversity & Community Involvement 3 Sustainable Business Practices 5

TOTAL: 100

c. Short Listing:

At the end of any evaluation phase, the Evaluation Committee may focus on only a limited number of proposals by developing a “short list” based on the scores or may proceed directly to Contract negotiation and award. The number of proposals on the short list depends on whether the Committee believes such proposals have a reasonable chance of leading to the award of a contract. Proposers that are eliminated from further consideration will be notified by a Notice of Shortlisting posted in the same manner as the RFP.

d. Subsequent Evaluation Phases:

The City may proceed with subsequent phases of evaluation as it deems necessary, including but not limited to oral interviews, demonstrations, presentations, or site visits, along with further clarification of the proposals. Proposers invited to participate in subsequent evaluation phases will be given additional information and instructions regarding the City’s desired content a reasonable time before any further evaluation is held.

e. Evaluation Phase 2 – Interviews, Demonstrations, and Presentations The scoring of Phase 2 generally will be as follows, however further detail on specific criteria, weighting and point breakdown may be part of the information and instructions provided by the City at the conclusion of Phase 1:

Phase 2 Evaluation Criteria

Criteria Maximum Phase 2 Score

Point Distribution by Subsection

1. Content of Interviews, Demonstrations, or Presentations 100

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TOTAL: 100

f. Additional Optional Evaluation Phases and Methods In addition to the standard evaluation phases above, the City may exercise one, or any combination, of the methods of Contractor selection described in PCC 5.33.100, including best and final offers, serial negotiations, and competitive simultaneous negotiations.

Proposers that are eliminated at any stage of the evaluation process will be notified of their elimination.

g. Total Overall Score:

Following completion of each evaluation phase, the points from that phase will be added to each proposer’s cumulative score to determine their Total Overall Score. The highest scoring proposer, based on their Total Overall Score, may be identified as the finalist.

The selection of the finalist may be based on negotiated costs and conformance to the City’s terms and conditions within the City’s Sample Contract. Negotiations will follow with the finalist, and if successful, may result in a final award and Contract for the work. If the Contract with the finalist cannot be reached within a time period deemed reasonable to the City, the City may elevate the proposer which possesses the next highest Total Overall Score to be the finalist.

B. Award Review and Protest

1. Review:

The City shall post a Notice of Intent to Negotiate and Award in the same manner as the RFP.

The Notice shall identify the proposer(s) to which the City intends to award a contract.

Following the Notice of Intent to Negotiate and Award, the public may view proposal documents, in accordance with the Oregon Public Records Act. Proposers not awarded the Contract may seek additional clarification or debriefing, request time to review the selection procedures, or discuss the scoring methods utilized by the Evaluation Committee.

2. Protests:

Proposers are permitted to challenge the City’s decision to exclude the proposer from the next step in the evaluation process, and to award a contract. Proposers who wish to protest their elimination must submit a protest within seven (7) Calendar Days of the City’s posting of the Notice of Short List or Notice of Intent to Award . Depending on the nature of the protest, proposers may wish to review Portland City Code (PCC) 5.33.720, 5.33.730, and 5.33.740 regarding protest procedures, all of which may be found online at the City Auditor’s website.

The exercise of judgment used by the Committee in scoring the written proposals and any subsequent evaluation phase, including the use of outside expertise, is not grounds for appeal.

V. Terms and Conditions

A. RFP Process

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Addenda: If, in the opinion of the Chief Procurement Officer, additional information or interpretation is needed, the City shall issue an addendum. Any addenda issued by the Chief Procurement Officer seventy-two (72) hours or more before the scheduled closing time, Saturday, Sunday, and City-observed holidays not included, shall be binding. The City shall provide such addenda in the same manner in which it provided the RFP, but failure of the proposer to receive or obtain such addenda shall not excuse the proposer from compliance with its contents.

Oral Instructions: Oral instructions or information concerning the RFP or the project given out by officers, employees, or agents of the City shall not modify the RFP nor bind the City. Any changes or revisions to the RFP shall be binding only if issued by the City in a written addendum.

Cost of Responding: This RFP does not commit the City to pay any costs incurred by any proposer in the submission of a proposal, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the resulting Contract.

Taxes: Taxes, whether State or Federal, shall not be included in the offered prices. A tax exemption certificate will be provided by the City upon request.

Sustainable Procurement: The City strives to be more sustainable in its operations and planning. Starting with the City’s Sustainable City Principles (1994) the City established a variety of policies to guide its work on sustainability, including: the Sustainable Procurement Policy, Green Building Policy, Local Action Plan on Global Warming, and the Stormwater Management Manual. To view these and related City policies, go to the Portland Policy Documents Website: http://www.portlandoregon.gov/citycode/26812. As applicable to City procurement, these policies guide the City to buy products and services that reduce the City’s negative environmental and social impacts. While specific goals vary, the City’s sustainability objectives tend to focus on: reducing energy use; reducing air, water, and land pollution;

building and maintaining high-performance green buildings; reducing the use of materials toxic to the environment and human health; utilizing resources efficiently, including the use of renewable, reusable and recycled materials; utilizing minority-owned, small, and/or local businesses; preserving or enhancing biodiversity; and maintaining fiscal health in the short and long term. As such, the City seeks to do business with firms that will actively contribute to the City’s sustainability objectives.

Withdrawal, Modification or Alteration Of Proposal: Prior to the RFP due date and time, a proposer may submit revised versions of its proposal. Also, a proposal may be withdrawn upon written request of the proposer prior to the due date and time. Negligence on the part of the proposer in preparing their proposal confers no right to withdraw their response after the scheduled closing time for filing proposals. As a result of any of these actions, if the intent of the proposer is not clearly identifiable, the interpretation most advantageous to the City will prevail.

Late Proposals: Proposals must be received no later than the date and time specified on the cover of this solicitation. It is the proposer’s responsibility to ensure that proposals are received prior to the specified closing date and time. Proposals received after the specified closing date and/or time shall not be considered and will be rejected.

http://www.portlandoregon.gov/citycode/26812

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Cancellation: The City of Portland reserves the right to modify, revise, or cancel this RFP.

Receipt and evaluation of proposals, or the completion of subsequent evaluation phases does not obligate the City to award a contract.

Rejection of Proposals: The City reserves the right to reject any or all responses to the RFP in the City’s sole discretion.

Public Records: Any information provided to the City pursuant to this RFP shall be public record and subject to public disclosure pursuant to Oregon public records laws.

The general requirement for public disclosure is subject to a number of exemptions. When preparing a proposal submission, a proposer must plainly mark each page containing information deemed by the proposer to remain exempt from public disclosure after proposals have been evaluated (e.g., pages containing trade secret, economic development information, etc.). A summary of the redactions shall be provided with the redacted version of the proposal response.

The fact that a proposer marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. Any portion of a proposal that the proposer claims as exempt from disclosure must meet the requirements of the Oregon Public Records Act. The City will make an independent determination regarding exemptions applicable to information that has been properly marked and redacted. Information that has not been properly marked and redacted may be disclosed in response to a public records request. When exempt information is mixed with nonexempt information, the nonexempt information must be disclosed.

Unless expressly provided otherwise in this RFP or in a separate communication, the City does not agree to withhold from public disclosure any information submitted in confidence by a proposer unless the information is otherwise exempt under Oregon law.

If the City refuses to release the records, the proposer agrees to provide information sufficient to sustain its position to the District Attorney of Multnomah County, who currently considers such appeals. If the District Attorney orders that the records be disclosed, the City will notify the proposer in order for the proposer to take appropriate legal action. The proposer further agrees to hold harmless, defend, and indemnify the City for all costs, expenses, and attorney fees that may be imposed on the City as a result of appealing any decision regarding the proposer’s records.

Conflict of Interest: By submitting a proposal, a proposer thereby certifies that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer on this particular RFP, and that the proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

Intergovernmental Cooperative Purchasing: The proposer agrees to extend identical goods and services under the same prices, terms, and conditions to all public agencies. Requirements stated herein reflect the City of Portland’s usage only. A public agency wishing to utilize like services will execute its own contract with the Contractor for its requirements and may negotiate the terms of that contract in accordance with its own requirements. The Contractor shall provide quarterly usage reporting of the City of Portland as well as that of other public agencies to the City of Portland, Procurement Services. Any proposer by written notification included with their

RFP #00002426 Page 20 of 26 proposal, may decline to extend the services, prices and terms of this RFP to any and/or all other public agencies.

B. Award and Contracting Process

Contractor Selection: The City will award a contract to the proposer whose proposal is considered and evaluated as being the most advantageous to the City. The contractor selection process will be carried out under Portland City Code.

Clarifying Proposal During Evaluation Period: During the evaluation process, the City has the right to require any clarification or change it needs in order to understand the proposer’s view and approach to the project and scope of the work.

Notice of Intent to Award Is Not a Contract: A notice of intent to negotiate and award posted on the Procurement Services website does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with Services. Before performing any work, the contractor must receive a properly authorized purchase order or Contract.

Contract Development: The proposal and all related responses provided by the proposer may become a part of the final Contract. The form of Contract shall be the City's Sample Contract provided with this RFP.

Insurance – Proof of Coverage: Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the City. All insurance requirements shall be as indicated within the attached Sample Contract.

City of Portland Business License Tax Account #: Prior to execution of a Contract, Contractor shall provide City of Portland business license tax account number, or shall provide proof of exemption from said registration requirements, as issued by the City of Portland Bureau of Revenue. Failure to do so within twenty (20) Calendar Days after posting of the Notice of Intent to Award may result in withdrawal of any resulting contract award. Details of compliance requirements are available from the Revenue Bureau License and Tax Division,(503) 823-5157, website: http://www.portlandoregon.gov/revenue/29320

Failure to Execute Contract: Failure on the part of the proposer to whom a contract is awarded to execute the Contract and deliver the Contract and required documents with all required bonding and insurance certificates within ten (10) Calendar Days shall be just cause for cancellation of the award and withdrawal of the Contract.

Public Safety: Public safety may require limiting access to public work sites, public facilities, and public offices, sometimes with little advance notice. The Contractor shall anticipate delays in such places and include the cost of delay in the costs in its proposal. The Contractor’s employees and agents shall carry sufficient identification to show by whom they are employed and display it upon request to security personnel. City project managers have discretion to require the Contractor’s employees and agents to be escorted to and from any public office, facility or work site.

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Governing Law: The provisions of any contract shall be construed in accordance with the provisions of the laws of the State of Oregon without reference to its conflict of law provisions.

Any action or suits involving any question arising under the resulting Contract must be brought in the appropriate court in Multnomah County Oregon. All statutory, charter and ordinance provisions that are applicable to public contracts in the City of Portland and the State of Oregon shall be followed with respect to this Contract. In connection with its activities under this Contract, Contractor shall comply with all applicable federal, state and local laws and regulations including the City's Equal Benefits Ordinance and its administrative rules, all of which are incorporated by this reference. These requirements are available on the City of Portland’s Procurement Services website: http://www.portlandoregon.gov/brfs/27353

Failure to comply with the City’s Equal Benefits Ordinance permits the City to impose sanctions or require remedial actions as stated in Section 13.1 of the rules. All statutory, charter and ordinance provisions applicable to public contracts in the City of Portland and the State of Oregon shall be followed with respect to this Contract.

Americans With Disabilities Act Compliance: Proposers agree that if awarded a contract, the successful Contractor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. If any proposer requires special assistance or auxiliary aids during the proposal, evaluation or award process, please notify the Procurement Services, (503) 823-6855, or TDD (503) 823-6868, at least two (2) Business Days prior to the required assistance.

Assignment of Anti-Trust Rights: By entering into a contract, the Contractor, for consideration paid to the contractor under the Contract, does irrevocably assign to the City of Portland any claim for relief or cause of…