RFP_OregonBuys Bid Number S-DASOBO-00003117-Statewide Disparity Study.pdf

OregonBuys Bid Number S-DASOBO-00003117– Statewide Disparity Study

STATE OF OREGON

COVER PAGE

THE STATE OF OREGON, acting by and through the DEPARTMENT OF

ADMINISTRATIVE SERVICES, PROCUREMENT SERVICES

Is issuing this Request For Proposals (RFP) under OregonBuys Bid

Number S-DASOBO-00003117 for

STATEWIDE DISPARITY STUDY

Date of Issue: May 18, 2022

Opening Date and Time: June 21, 2022 @ 2PM PT

Single Point of Contact (SPC): Kim O’Neill, Contract Specialist

Address: 1225 Ferry St. SE

City, State, Zip Salem, OR 97301

Phone (cell) (971) 349-0114

E-mail: Kim.R.ONeill@DAS.Oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:Kim.R.ONeill@DAS.Oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF SERVICES

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (PASS/FAIL)

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 ROUND 1 PROPOSAL REQUIREMENTS

SECTION 4: ROUND 1 SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 ROUND 1 EVALUATION PROCESS

4.11 ROUND 1 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 ADDITIONAL ROUNDS INTERVIEWS

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

LIST OF ATTACHMENTS

ATTACHMENT A -SAMPLE CONTRACT

ATTACHMENT B -DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C -PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D -REFERENCE CHECK FORM

ATTACHMENT E -COST PROPOSAL FORM

ATTACHMENT F -COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G -RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, Department of Administrative Services, Procurement Services (DAS PS) is issuing this Request for Proposal (RFP) for a consultant to conduct a Statewide Disparity Study.

The Disparity Study will provide a report about how and if the Executive Branch State Agencies are utilizing and inclusive of the available minority, women, and service-disabled, veteran owed businesses in state government contracts and purchasing activities. The State hopes to have the Disparity Study before June 30, 2023, or within twelve months of Contract execution.

Additional details on the Scope of services are included in the Scope of Services section.

DAS PS anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be one (1) year with options to renew.

1.2 SCHEDULE

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

All dates listed are subject to change.

Event Date Time

Pre-Proposal Conference June 2, 2022 10:00 AM

Questions / Requests for Clarification Due June 7, 2022

10:00AM

Answers to Questions / Requests for Clarification Issued (approx.)

June 14, 2022

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Round 2 Interviews TBD

Presentations or Demonstrations N/A

Issuance of Notice of Intent to Award (approx.)

July 11, 2022

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

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS PS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(3).

DAS PS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS PS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Terminology specific to the OregonBuys system may be found at:

TerminologyCrosswalk(BothPhases).pdf (oregon.gov)

Agency means those agencies of the State of Oregon that are subject to the procurement authority of the Director of the Department according to ORS 279A.050 and 279A.140.

Executive Department means all statewide elected officers other than judges, and all boards, commissions, departments, divisions and other entities, without regard to the designation given to those entities, that are within the executive branch of government as described in Article III, section 1, of the Oregon Constitution, and that are not: (a) In the judicial department or the legislative department; (b) Local governments; or (c) Special government bodies.

“M/WBE” or Minority, Woman owned Business Enterprise

“SDVBE” or Service Disabled-Veteran owned Business Enterprise

State means the State or Oregon.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oregon.gov%2Fdas%2FORBuys%2FDocuments%2FTerminologyCrosswalk%2528BothPhases%2529.pdf&data=05%7C01%7CKim.R.ONEILL%40das.oregon.gov%7C85184d7789674761f69108da341feee7%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C637879608999718150%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=PwGWPCWP3tOIciPpi0VdXvvmdckLjZLsFAcpiJ3bybY%3D&reserved=0

2.3 OVERVIEW AND PURPOSE

2.3.1 Overview and Background

The Department of Administrative Services (DAS) is the central agency of the State of Oregon and has overall program and execution responsibility for the State’s enterprise programs including Procurement Services (DAS PS), Human Resources, Payroll and Accounting, Facilities, and many other enterprise business services.

The State is looking for a Consultant to conduct an independent analysis and perform a Statewide Disparity Study (the “Study”). The purpose of the Study is to inform the State of Oregon of any potential disparities in public contracting, and purchasing activities and, if potential disparities are found, to provide recommendations advising the State on the steps the State may take to achieve parity. The Study must meet or exceed the model disparity study standards identified in the 2010 Transportation Research Board, National Cooperative Highway

Research Program Report 644, “Guidelines for Conducting a Disparity and Availability Study for the Federal DBE Program.”

Two State Agencies have conducted independent disparity studies, of certain commodities, previously. Information about the Department of Aviation’s study may be found at:https://www.oregon.gov/aviation/plans-and-programs/Pages/StatewideDisparityStudy.aspx, and information about the Department of Transportation’s study may be found at:

https://www.oregon.gov/odot/Business/OCR/Pages/Disadvantaged-Business- Enterprise.aspx#DBE_STUDY

2.3.2 Project Overview, Background, and Purpose

The State of Oregon Governor’s Office in cooperation with the Office of Cultural Change has completed the State of Oregon Diversity, Equity and Inclusion Action Plan – A Roadmap to Racial Equity and Belonging; DEI_Action_Plan_2021.pdf (oregon.gov). The DEI Action Plan provides the state enterprise with the racial equity roadmap and diversity, equity and inclusion strategies and actions to incorporate across all aspects of state government. The State does not currently have a race/gender conscious program.

The Study aligns with the Oregon’s Racial Justice Council DEI Action Plan. The Study will explore the current contract and procurement practices and the potential impact and effect on historically underrepresented communities; minority, women, and service-disabled veteran owned businesses and to determine if potential disparities exist in the State’s contracting and procurement activities. If potential disparities are found, the Study will provide recommendations advising the State on the steps the State may take to achieve parity.

The Study is intended to be an independent analysis of the contracting and procurement practices of the Executive Branch Agencies under the procurement authority of DAS PS, including solicitations and contracts for goods and services; construction, public improvement and trade services. Consultant’s analysis and findings are to be presented using NIGP and NAICS codes. The focus will not be on any single commodity. The Study is intended to be an overall analysis of the State’s contracting and procurement practices over the last two (2) complete biennia, July 1, 2017- June 30, 2021.

https://www.oregon.gov/aviation/plans-and-programs/Pages/StatewideDisparityStudy.aspx https://www.oregon.gov/aviation/plans-and-programs/Pages/StatewideDisparityStudy.aspx https://www.oregon.gov/odot/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx#DBE_STUDY https://www.oregon.gov/odot/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx#DBE_STUDY https://www.oregon.gov/das/Docs/DEI_Action_Plan_2021.pdf

The State’s procurement and contracting data reside in various systems, some centrally managed and others managed at the individual agency level. Most awarded contracts can be found in the State’s e-procurement system. There is no central purchase order repository;

these records exist in databases and spreadsheets within the agencies. Payments made to Contractors will be found in the State’s financial system, however, payment data is not cross-referenced back to specific contracts or purchase orders.

For illustrative purposes, the State of Oregon Executive Branch Agencies collectively entered into contracts valued at approximately $16B from July 1, 2017- June 30, 2021. Included in these numbers are Price Agreements, Agreements to Agree, Work Orders, and Purchase Orders

2.4 SCOPE OF SERVICES

Proposer must show that it can perform and design a Statewide Disparity Study. The Study must satisfy all legal requirements for such a study established by all relevant judicial precedent.

This Scope of Services is intended to be general and not exclusive. Proposer should include the information and description of all services necessary to complete a Disparity Study.

The State hopes to have the Disparity Study before June 30, 2023, or within twelve months of Contract execution.

Design:

Design the Study. The Study must include chapters, appendices related to data, must show the level of the State’s involvement in the Study, and must explain the logic behind the recommendations. The Study must include the following elements (this list of elements is not intended to be exclusive):

• Executive Summary

• Legal / Basis for Disparity Studies

• Review of procurement and contracting practices Statutes, Rules and Policy

• Establishment of market area including Relevant Market analysis

• Utilization Analysis

• Availability Analysis

• Disparity Analysis

• Anecdotal Data Collection and Analysis

• Economy-wide Analysis

• Regression Analysis

• Findings

• Recommendations for Tasks, Analysis or additional elements the State Should Consider, including anticipated hours and all resources necessary to implement the recommendations.

• Recommendations for legally defensible and realistic goals for the State to achieve

Conduct:

Conduct the Study.

• Conduct a detailed review of the State’s procurement and contracting practices over the last two (2) biennia, July 1, 2017- June 30, 2021, which include the State’s Executive Branch Agencies.

• Ensure engagement of stakeholders, Contractors, and Consultants through a variety of methods to include surveys, focus groups, phone or in person interviews. These methods are intended to be general and not exclusive.

Analysis:

Perform a detailed analysis to investigate potential disparities and to document what extent potential disparities may exist in the State’s procurement and contracting practices.

• Review relevant federal regulations, case law, state and local law and other information to guide the methodology for the Study.

• Review State procurement and contracting practices, policies, statutes, and federal procurement policies to the extent they are relevant to the Study.

• Use qualitative as well as quantitative analysis to examine the root causes of potential disparities.

Recommendations:

Provide detailed legally defensible and realistic goals and recommendations to advise the State on what steps the State may take to achieve parity, including:

• Benchmark and identify best practices.

• Identify potential challenges such as resources, case law, statutes, policies, education, etc.

which may prevent the State from being able to provide equitable opportunities.

• Make recommendations for changes to Oregon Administrative Rules (OARs), Statutes, policies, and other guidelines.

• Make recommendations for any policy or programmatic changes specific to any potential disparities identified.

• Make recommendations for changes to relevant programs.

• Include NIGP and NAICS codes in findings and recommendations.

• Include a logical progression and timeline to implement the steps identified in the recommendations.

• If any potential disparities are identified, include ongoing steps the State may take to reassess effectiveness of programs.

• Suggest the frequency of future statewide disparity studies.

Presentation:

Develop and present executive summary, high-level, and thorough presentations of the Study and its findings.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (PASS/FAIL)

To be considered for evaluation, Proposal must clearly demonstrate how Proposer meets all requirements of this section:

3.1.1 Proposer must have one Key Person who has a minimum of 7 years’ experience within the last 10 years providing consulting services relative to disparity study work.

3.1.2 Proposer must have one Key Person who is qualified as an expert trial witness and able to testify about the Study’s data, methods, and findings.

3.1.3 Proposer must have experience conducting at least five (5) previous disparity studies within the last ten (10) years. Two (2) of the studies must be conducted for a large City, County, or a Statewide study. Studies must not have a sole focus of a single commodity.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 ROUND 1 Proposal Submissions

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

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Reference Check Forms (Attachment D)

• Proposer Experience and Qualifications

• Key Persons (including Resumes), Project Team, Subcontractor statement

• Company Profile

• Project Approach and Methodology

• Timeline /Project Schedule

• Prior Studies

• Cost Proposal Form (Attachment E)

3.2.2 Proposal Page Limits

Proposal is limited to 50 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check forms (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Prior Studies

3.2.3 Proposal Format and Quantity

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

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in OregonBuys Vendor Formal Solicitation Response.pdf. for electronic submission.

Proposer shall submit one copy of its Proposal and all submittal requirements, with Attachment C - Proposer Information and Certification Sheet, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and submit a redacted copy of its Proposal. Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

Electronic Response by Other Electronic Medium. The State prefers that Proposer submit its response through OregonBuys, as set forth above. If Proposer is unable to or elects not to submit its Proposal through OregonBuys, Proposer must notify the SPC at least three (3) Business Days prior to the Opening and indicate that Proposer will be submitting its Proposal via electronic mail. Email size is limited to 30 megabytes, so Proposer may need to send one or more emails to the SPC, all clearly marked. All required submittal items must be received by the SPC prior to the Opening.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and submit a redacted copy of its Proposal. Proposer shall also mark as “Confidential” in the email all attachments to its Proposal that Proposer believes are exempt from disclosure

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

3.2.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by DAS PS.

3.3 ROUND 1 PROPOSAL REQUIREMENTS

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

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

3.3.1 Disclosure Exemption Affidavit (Not Scored)

Proposer shall complete and submit a Disclosure Exemption Affidavit (Attachment B), as part of its Proposal. Submission of Attachment B is required even if Proposer is not identifying confidential or proprietary information and data for nondisclosure.

3.3.2 Proposer Information and Certification Sheet (Not Scored)

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.3 COBID Certification/Outreach Plan (Not Scored)

Proposer shall complete and submit a COBID Certification / Outreach Plan (Attachment F) as part of its Proposal.

3.3.4 Responsibility Inquiry (Not Scored)

Proposer shall sign and submit the Responsibility Inquiry Form (Attachment G), as part of its Proposal. DAS PS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract.

At any time prior to award, DAS PS may reject a Proposer found to be not Responsible

3.3.5 References (90 Points Possible: Scored by Reference)

Proposer shall provide three (3) references from current or former client firms for similar projects performed for any clients within the last ten (10) years. References must be able to verify the quality of previous, related Work. Proposer shall submit the completed Reference Check Forms (Attachment D).

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference Check Forms must be completed by the reference, returned to the Proposer, and submitted with Proposer’s Proposal.

Reference forms not received with Proposal will not be scored.

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

3.3.6 Proposer Experience and Qualifications (140 Points Possible)

Proposer shall provide a narrative that describes in detail:

a) Proposer’s experience within the last ten (10) years executing projects similar in scope and size to that described in this RFP.

b) How Proposer will apply this experience to the Scope of Services described in this RFP.

c) All relevant experience working with other state government agencies; particularly

Oregon.

3.3.7 Company Profile (Evaluated with Section 3.3.8 Key Persons (including Resumes), Project Team, Subcontractors, see Section 4 for Points Possible)

Proposer must provide a Company Profile to include an overview of Proposer’s organization, describe the structure of Proposer’s business, and describe how the Proposer’s organization can effectively deliver the Services described in this RFP. The Profile must include:

a) Ownership. If incorporated, the state in which the organization is incorporated and the date of the incorporation.

b) Confirmation of legal capacity to do business in the State of Oregon.

c) Location of the organization’s offices (headquarters and branches).

d) Location of the office to service the State of Oregon’s project.

e) Office location(s) from which employees will be assigned.

f) Number of employees including their location both nationally, and internationally.

g) Name, address, and telephone number of Proposer’s point of contact for contract administration if awarded a Contract.

h) Length of time Proposer has been providing Services comparable to those described in this RFP (Please provide a brief description).

i) Proposer’s client base.

j) A statement acknowledging that Proposer meets each of the Minimum Qualifications listed in section 3.1 and indicate where the information can be found in Proposer’s Proposal.

3.3.8 Key Persons (including Resumes), Project Team, Subcontractors (Evaluated with Section 3.3.7 Company Profile, see Section 4 for Points Possible)

3.3.8.1 Key Persons.

Proposer shall specify the Key Persons to be assigned to this project. For each Key Person submit a current resume (not to exceed two (2) pages each. A 2-sided page is considered two (2) pages) that demonstrates each Key Person’s qualifications, include:

a) Key Person’s relevant experience, the type and size of Studies the Key Person has participated in and Key Person’s role in each Study.

b) Describe the type of entity Key Person has provided Services to, for example, Public (state, federal, county, city etc.), or Private (construction firm, accounting firm, national firm etc.).

c) Key Person’s training, skills and expertise in Disparity Study Projects, include experience as an expert trial witness, project management, data collection, and anecdotal evidence gathering.

d) Key Person’s years of experience doing the type of Services described in this RFP.

e) Key Person’s assigned role and responsibility to achieve the Scope of Services in this

RFP.

3.3.8.2 Project Team

Provide a list of all members of the Project Team assigned to this Project, including their position and titles. Project team members must be available either remotely or in-person as agreed, 8am to 5pm pacific time, Monday through Friday.

3.3.8.3 Subcontractors

If any of the persons listed are subcontractors. Proposer shall provide a statement of how Proposer intends to use subcontractors to accomplish the work required by this RFP and, if so, provide a list of the proposed subcontractors and a description of the scope and portions of the work each subcontractor will perform. If any of the subcontractors are identified as Key Persons, Proposer must submit a resume as requested under Section 3.3.6 for each subcontractor that is identified as a Key Person.

3.3.9 Project Approach and Methodology (500 Points Possible)

Proposer shall describe how Proposer would carry out the activities of this project, as generally described below. The list is not intended to be exclusive. The State is looking for Proposer to detail its approach, including each of the activities listed below and any others Proposer believes are necessary to complete a Disparity Study. Please explain Proposer’s recommendation of methodologies and the draw backs of other methodologies. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work. List who on the Proposer’s team, including subcontractors, will be working on each task.

3.3.9.1 Project Initiation Meeting

Describe how Proposer will schedule and present a project initiation meeting. Describe who Proposer would include, how it will be structured and what, if any, deliverables will result from this meeting.

3.3.9.2 Legal / Basis for Disparity Study

Describe how Proposer will work with the State’s project team to provide a legal basis for the Study and its findings. Describe other disparity studies Proposer has participated in and the programs based upon such studies. Describe the purpose of this review and how Proposer will determine relevant cases to include for this Study.

3.3.9.3 Review of Procurement Practices, Statutes, Rules, Policies

Provide details about how Proposer will conduct a review of State practices, Statutes, Rules, and Policies relative to purchasing and contracting. What methods will Proposer use to conduct this review and assessment.

3.3.9.4 Utilization Analysis

Proposal must provide responses to these items:

a) Provide specific details of Proposer’s methodology for determining utilization.

b) Describe what data Proposer needs to conduct the analysis.

c) Describe information such as percentages of data Proposer deems acceptable for analysis.

d) Describe Proposer’s recommendations for contract thresholds to use for this study, such as dollar amount, number of contracts, classification etc. Explain reasons for Proposer’s recommendations.

e) Describe any contracts, or classes of contracts, Proposer will exclude and reasons for exclusion.

f) Describe how Proposer will obtain data if it is not in the electronic file(s) the State can provide.

g) The State does not have subcontracting records. Provide clear details about what data Proposer will obtain for subcontract records and how Proposer will obtain this data.

h) Provide information on the level of aggregated and disaggregated analysis Proposer will provide.

i) The State does not have race and gender information for its contractors. Provide clear details about how Proposer will obtain this data and its importance.

j) Describe in detail any data collection or analysis that the State would need to perform.

3.3.9.5 Relevant Market Analysis

Describe in detail Proposer’s methodology for determining the geographic and product markets relevant to the State.

a) Explain the purpose of these analysis.

b) Explain the relevant market area.

c) Explain how the results for each category will be used in subsequent analysis.

d) Explain the level of detail Proposer will provide for the geographic market analysis.

e) Explain the level of detail Proposer will provide for the product market analysis.

3.3.9.6 Availability Analysis

Describe in detail Proposer’s methodology for determining availability.

The “Guidelines for Conducting a Disparity and Availability Study for the Federal DBE Program” published by the NCHRP recommends using a custom census approach that consists of seven distinct steps and supports the concept that for remedial programs, it is best to “cast a broader net” for availability (Northern Contracting III, 473 F.3d at 723).

Proposer must compare and contrast their approach to this recommended approach.

Provide details of each step in creating a database for conducting the availability analysis.

a) Define the data Proposer will obtain to include in this analysis.

b) Describe how Proposer will obtain the data and prepare it for analysis.

c) Provide information on the level of aggregated and disaggregated analysis Proposer will provide.

d) Describe the availability database that Proposer will provide to the State at the conclusion of the Study. Describe how the State will be able to use this database for potential remedial program components.

e) Discuss Proposer’s understanding of and approach to the issue of M/W/SDVBE capacity.

f) Describe Proposers methodology to determine/measure capacity and how it informs or directs Proposer’s research and analysis.

3.3.9.7 Disparity Analysis

a) Provide specific details of Proposer’s methodology for determining disparity.

b) Provide information on the level of aggregated and disaggregated analysis Proposer will provide.

c) Explain Proposer’s approach to significance testing. What it is, the importance and reason. Explain substantive and statistical significance, and if or how they are applied in this type of study.

3.3.9.8 Anecdotal Data Collection & Analysis

a) Provide details and rationale for Proposer’s methodology of collecting and analyzing anecdotal evidence.

b) Describe the role this type of data plays in a disparity study.

c) Describe the methods Proposer uses to identify and collect data.

d) Discuss each method and the steps Proposer takes to obtain the data.

e) Define from whom Proposer will collect anecdotal data.

f) Describe what Proposer considers to be “enough” anecdotal evidence.

3.3.9.9 Economy-Wide Analysis

a) Explain Proposer’s approach to conducting an economy-wide disparity analysis.

b) Explain why an economy-wide disparity analysis is important.

c) Explain what data Proposer uses and why.

d) Explain how results are used.

e) Explain how this analysis impacts the disparity study findings and recommendations.

3.3.9.10 Regression Analysis

• Provide an explanation of multivariate regression analysis that will be used in Proposer’s analysis.

• Explain if regression analysis is important and why in a disparity study.

• Explain if Proposer conducts regression analysis in Proposer’s disparity study methodology explain in what tasks Proposer conducts a regression analysis.

• Describe what this type of analysis communicates.

• Describe how Proposer interprets the results.

• Describe how the results of the regression analysis impact the study’s findings and recommendations.

3.3.9.11 Recommendations for Tasks or Analysis the State Should Consider

Describe if there are tasks or analyses that the State has not listed that Proposer feels should be included in a disparity study. Explain the task and its importance, as well as sub-tasks required to perform the additional task(s).

3.3.9.12 Presentation of Study Findings

Describe Proposer’s recommendations for presenting the study findings in Oregon.

3.3.10 Timeline/Project Schedule (200 Points Possible)

Proposer shall provide a timeline for each task listed in the Scope of Services at a weekly level. Include a chart or table listing all tasks and provide information per task about the exact duties or assignments and hours the Proposer expects DAS Project Manager or other state staff will perform. Include a statement that Proposer has the resources available to complete the Study within the timeframe requested (on or before June 30, 2023 or within twelve months of Contract execution, whichever is later).

3.3.11 Prior Studies (150 Points Possible)

Proposer shall provide a list of all disparity studies initiated in the last 5 years and shall Submit two (2) Prior Studies in a PDF Format, as part of its Proposal. Prior Studies must be submitted in a PDF Format. Proposer’s list of studies must include a brief description of each study, including the original time frame of the study and the start and actual end date for each study. Indicate if the study was not completed or whether any adjustments were required to meet the time or budget for completion. Indicate if any program based upon proposer’s disparity study was challenged. Provide summary information regarding the outcome and the proposer’s participation in defense of the program. Describe goals and objectives of the previous studies. Were the client’s goals and objectives met?

3.3.12 Cost Proposal (300 Points Possible)

Proposer shall complete and submit the Cost Proposal Form (Attachment E). The Cost Proposal Form must be submitted as a separate file.

Proposer shall provide a breakdown of all costs, including personnel, hourly rates and totals for each task listed in Section 2.4 Scope of Services. Provide personnel, position/job titles and hourly rates.

SECTION 4: ROUND 1 SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments 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 Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule in Section 1.2.

Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project,

• Explain the RFP process; and

• Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon DAS PS. Proposers may be asked to submit questions in Writing.

https://oregonbuys.gov/

Interested parties may participate in the Pre-Proposal Conference by:

Conference Call Number:

(503) 446-4951

Access Code: 312474267

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission or email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Scope of Services, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule in Section 1.2.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. DAS PS is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys

The State prefers that the Proposal be submitted electronically through OregonBuys at:

OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

Delivery through other electronic medium to the SPC

As set forth above, Proposer may deliver its response via email to the SPC.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via OregonBuys or email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

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

A late Proposal will be returned to the Proposer or destroyed.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

4.8 PUBLIC OPENING

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued as set forth in OAR 125-247-0630. However, DAS PS will record and make available the identity of all Proposers after Opening.

4.9 PROPOSAL REJECTION

DAS PS may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has undisclosed liquidated and delinquent debt owed to the State or any agency, board, commission, department or division of the State.

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

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

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

• Proposal is conditioned on DAS PS’ acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.10 ROUND 1 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, DAS PS may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

DAS PS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and DAS PS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

Evaluation Committee members will use the following guidelines in scoring the Proposal:

SCORE EXPLANATION

90- 100%

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

60 – 89%

VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

50- 59%

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

10 – 49%

FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0-9% RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

4.10.2.1 References

References are self-scored by each reference. The SPC will combine the scores from the three

(3) references as the total Proposer score for references.

4.10.2.2 Experience and Qualifications

• How well does Proposal show that Proposer has the experience and expertise to perform and design a Statewide Disparity Study?

• How well does Proposer’s detailed narrative and Proposer’s responses to the Experience and Qualifications questions show that Proposer has the Experience and Qualifications to deliver the Services described in the RFP?

a) Does Proposer’s detailed narrative show Proposer has experience within the last ten (10) years executing projects similar to the scope and size of the project described in this RFP?

b) Does Proposer’s detailed narrative show how Proposer will apply Proposer’s experience to the Scope of Services described in this RFP.

c) Does Proposer’s detailed narrative show Proposer’s relevant experience working with other state government agencies, particularly Oregon?

4.10.2.3 Company profile including Key People, Project Team, and Subcontractors

• How well does Proposer’s Company profile, overview, and Proposer’s responds to the Company Profile questions show that the Proposer can effectively deliver the Services described in this RFP?

a) Does the Company Profile provide the state and date of incorporation? If company is incorporated.

b) Does the Company Profile indicate Proposer’s legal capacity to do business in Oregon?

c) Does the Company Profile show the location of Proposer’s offices (headquarters and branches)?

d) Does the Company Profile specify the office that will Service the State of Oregon’s project?

e) Does the Company Profile specify the office location where Proposer’s employees will be assigned?

f) Does the Company Profile address the number of employees location both nationally, and internationally?

g) Does the Company Profile show the name, address and telephone number of the Proposer’s point of contact for the contract administration of this Project, if awarded?

h) Does the Company Profile show the length of time Proposer has been providing Service’s comparable to those described in this RFP?

i) Does the Company Profile show Proposer’s client base?

• How well do Proposer’s Key Person’s resumes and responses to the qualification questions show Proposer’s Key People have relevant experience and the ability to perform the Services described in this RFP?

a) Does the Proposal show that Proposer has Key Persons who are experienced in performing this type and size of Study?

b) Does Proposer’s Key Person’s show the type of entity the Key Person has performed Services for, such as Public (state/federal/county/city etc.), Private (construction, accounting, national, etc.)?

c) Does the Proposal show that Proposer has Key Persons who have experience performing Services in Disparity Studies such as expert trial witness, project manager, data collection, or anecdotal evidence gathering?

d) Does Proposer’s Proposal show each Key Person’s years of experience performing Services similar to those described in this RFP?

e) How well does Proposer’s Proposal show the roles and responsibilities of each Key Person assigned to the Scope of Services in this project?

• How well does Proposal identify that Proposer has established a qualified Project Team to perform the services described in this RFP?

• How well does Proposal identify Proposer’s use of any subcontractors to accomplish the services described in this RFP?

4.10.2.4 Project Approach and Methodology

• How well does Proposal describe Proposer’s ability to manage the Project Initiation Meeting, including scheduling, presentation, attendees, structure, and deliverable services as described in this RFP?)

• How well does Proposal describe Proposer’s experience and ability to provide a legal basis for the Study, Proposer’s process of determining relevant cases to review and Proposer’s ability to work with the State’s project team?

• How well does the Proposal describe the Proposer’s method and ability to review and assess the State’s practices, Statutes and Policies relevant to purchasing and contracting.

• How well does Proposal describe Proposer’s understanding of Utilization Analysis and indicate Proposer’s ability to provide the services as described in this RFP?

a) Does Proposal provide specific details of Proposer’s methodology for determining utilization?

b) Does Proposal identify what Proposer needs to conduct the analysis?

c) Does Proposal identify information such as percentages of data Proposer deems necessary to perform the analysis?

d) Does Proposal provide recommendations and explanation of recommendations for contract thresholds (dollar amount, number of contracts, classification, etc.) to use for the Study?

e) Does Proposal recommend excluding any class of contracts and justify Proposer’s reasoning for exclusion?

f) Does Proposal explain Proposer’s plan to obtain data that is not in the electronic files provided by the State?

g) Does Proposal explain Proposer’s plan to gather subcontractor data and describe what subcontractor information Proposer needs?

h) Does Proposal explain the level of aggregate and disaggregate analysis Proposer will provide?

i) Does Proposal explain how Proposer will obtain race and gender information of contractors and the importance of the information?

j) Does Proposal detail the data collection or analysis the State would need to perform?

• How well does Proposal describe Proposer’s methodology and ability to determine the geographic and product markets relevant to the State?

a) Does Proposal explain Proposer’s reasoning for analysis?

b) Does Proposal explain the relevant market area?

c) Does Proposal explain how Proposer will use the results for each category in the subsequent analysis?

d) Does Proposal explain the level of detail Proposer will provide for the geographic…