RFP PW1546-24 Asphalt Concrete - Final Add.1.pdf

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

MARION COUNTY

REQUEST FOR PROPOSALS FOR THE PURCHASE OF

ASPHALT CONCRETE PAVEMENT AND CSS-1 ASPHALT TACK

COAT

Request for Proposal (RFP)

PW1546-24

Date of Issue: January 8, 2025

Closing: January 22, 2025 2:00 pm

Single Point of Contact (SPC):

Janet Wilson Contract Specialist

JWilson@co.marion.or.us

Submit questions and responses via the Marion County Procurement Collaboration Portal https://contracts-marioncountygcc.msappproxy.net/gateway/

Instructions are listed in Section 4.2

Electronic copies of this RFP and attachments, if any, can be obtained from the Marion County Procurement Collaboration Portal at the URL listed above.

https://contracts-marioncountygcc.msappproxy.net/gateway/

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

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

2.4 SCOPE OF WORK

SECTION 3: PROPOSAL REQUIREMENTS

3.1 MINIMUM PROPOSER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 PROPOSAL CONTENT REQUIREMENTS

SECTION 4: SUBMISSION REQUIREMENTS

4.1 PROPOSAL FORMAT

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

SECTION 5: EVALUATION PROCESS

5.1 RESPONSIVENESS AND RESPONSIBILITY DETERMINATION

5.2 EVALUATION CRITERIA

5.3 NEXT STEP DETERMINATION

5.4 POINT AND SCORE CALCULATIONS

SECTION 6: AWARD AND NEGOTIATION

6.1 AWARD NOTIFICATION PROCESS

6.2 INTENT TO AWARD PROTEST

6.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.4 PRICE AGREEMENT NEGOTIATION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNING LAWS AND REGULATIONS

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

7.4 COST OF SUBMITTING A PROPOSAL

7.5 RECYCABLE PRODUCTS

SECTION 8: LIST OF ATTACHMENTS AND EXHIBITS

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

Marion County Public Works Department (County) is currently seeking a multi-award opportunity for the procurement of Asphalt Concrete Pavement used for road maintenance and other County projects.

The County is requesting proposals from qualified contractors, businesses, and individuals, hereafter called “Proposer(s),” with demonstrated experience in the production of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat. The Goods and Services must be provided in accordance with the 2024 Oregon Standard Specifications for Construction (Parts 00200 through 03000), and General Conditions for Construction for Marion County (Part 00100), v2024.

The County intends to issue Price Agreements to all qualified Proposers, and purchases will be made on an on-call basis.

The initial term of the Price Agreement is anticipated to be 3 years.

The Price Agreement(s) are anticipated to start January 1, 2025, and end on December 31, 2027.

The County will notify the Proposer in writing of the County's intent to extend the Price Agreement at least 30 calendar days prior to the expiration of the current Price Agreement. If the Proposer consents to the extension, the County will process the Amendment to extend the term.

If the Contractor elects not to extend the Price Agreement, it will expire in accordance with set terms, unless earlier terminated.

This project may be federally funded. Awarded proposer may be required to meet the federal provisions as stated within Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts under Federal Awards (See Exhibit B).

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

Questions / Requests for Clarification Due 01/15/2025 2:00 pm

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

01/17/2025

RFP Protest Period Ends 01/16/2025

Closing (Proposals Due) As stated on the cover page

Evaluation Period (approx.) 01/23/2025 – 02/05/2025

Issuance of Notice of Intent to Award (approx.) 02/07/2025

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

Award Protest Period Ends 7 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. Questions / Requests for Clarifications must be submitted through the Collaboration Portal by the date and time listed in the schedule.

Proposer shall direct any other communications related to the RFP only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

County is issuing this RFP pursuant to its authority under Marion County Public Contracting Rules (MCPCR) 10-0170.

County is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and MCPCR 20-0260 and 20-0261. County may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Negotiations; c) Best and Final Offers; and d) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in MCPCR 10-0110.

2.3 OVERVIEW

Located in the heart of the Mid-Willamette Valley, Marion County has a population of 347,119, stretches from the Willamette River to the Cascade Mountains and encompasses nearly 1,200 square miles. Marion County has 20 cities, including Oregon’s capital, Salem. The Marion County government organization is headed by an elected Board of Commissioners and has 15 departments, seven departments of which are headed by elected officials.

2.3.1 Department Overview and Background

Marion County's road system covers 1,120 miles. A County Road is defined as a public right-of-way that has been formally accepted by the County Commissioners as a County Road.

These roads are under the care and maintenance of the Marion County Public Works Department.

2.3.2 Project Overview and Background

Annually, the County utilizes Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat to maintain County roads. The Request for Proposals and resulting Price Agreement(s) will allow the County to meet the procurement needs, specifically the purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat, to maintain essential infrastructure.

2.4 SCOPE OF WORK

Furnish Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat used for road maintenance and other County projects.

The Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat must be furnished in accordance with the General Information/Requirements (Appendix 1), the Special Provisions (Appendix 2), https://www.co.marion.or.us/FIN/Documents/Marion%20County%20Public%20Contracting%20Rules.pdf

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat and the 2024 Oregon Standard Specifications for Construction (Parts 00200 through 03000), and General Conditions for Construction for Marion County (Part 00100), v2024.

SECTION 3: PROPOSAL REQUIREMENTS

3.1 MINIMUM PROPOSER REQUIREMENTS

There are no minimum proposer requirements.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information.

The proposal must include information responsive to the items in the Proposal Content Requirement Section.

In addition, if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Affidavit of Trade Secret (Attachment D) and a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.2 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by County.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFP, including all Addenda and attachments, is published in the Marion County Procurement Collaboration Portal (Portal) at https://contracts-marioncountygcc.msappproxy.net/gateway/. RFP documents will not be mailed to prospective Proposers.

County shall advertise all Addenda on the Portal. Prospective Proposer is solely responsible for checking the Portal to determine whether any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

3.3.2 Questions / Requests for Clarification

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:

o Be submitted through the Portal o Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat o Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

3.3.3 Pre-Proposal Conference

There will be no pre-proposal conference for this RFP.

3.3.4 Solicitation Protests

3.3.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except for protests of Addenda and negotiation of the terms and conditions of the proposed Price Agreement, as provided below.

3.3.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

3.3.4.3 Protests must:

o Be emailed to the Marion County Contracts and Procurement Manager at PO_Contracts@co.marion.or.us.

o Reference the RFP number o Identify prospective Proposer’s name and contact information o Be sent by an authorized representative o 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 o State the proposed changes to the RFP provisions or other relief sought o Protests to the RFP must be received by the due date and time identified in the Schedule o Protests to Addenda must be received by the due date identified in the respective Addendum

3.3.4.4 Protest Response

County will respond timely to all protests submitted by the due date and time listed in the Schedule. Protests that are not received timely or do not include the required information may not be considered.

3.3.5 Proposal Modification or Withdrawal

Any Proposer who wishes to make modifications to a Proposal already received by County shall submit its modification in the manners listed in the Proposal Submission Instructions section and must denote the specific change(s) to the Proposal submission.

mailto:PO_Contracts@co.marion.or.us

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with MCPCR 20-0440. The notice must include the RFP number and be submitted to the SPC.

3.3.6 Proposal Due

Proposals and all required submittal items must be received by the SPC on or before Closing.

Proposals received after Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation.

3.3.7 Proposal Rejection

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

o 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.

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

o Proposer makes any contact regarding this RFP with County representatives such as County employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

o Proposer attempts to inappropriately influence a member of the Evaluation Committee.

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

3.3.8 Opening of Proposals

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to MCPCR 20-0630. However, County will record and make available the identity of all Proposers after Opening.

3.4 PROPOSAL CONTENT 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 will be considered non-Responsive to this RFP and will not be considered further.

3.4.1 Cover Page

Include solicitation name, Request for Proposals The Marion The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat, and solicitation number, PW1546-24.

3.4.2 References

Provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must verify the quality of previous, related Work.

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

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

3.4.3 Cost Proposal.

The Cost Proposal shall include: (a) the unit price (in tons) for the various products requests,

(b) delivery availability and charges, (c) standby time allowed before standby charge is applicable, (d) standby charges, and (e) emergency/after-hours charges. Proposer must submit Cost Proposal using Attachment C: Cost Proposal Submission Form.

3.4.4 Proposal Form

The Proposer shall complete and submit the Proposal Form (Attachment A).

3.4.5 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after County issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Affidavit of Trade Secret (Attachment D) and a fully redacted version of its Proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. County advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

3.4.6 Proposed Price Agreement Modifications

If Proposer wishes to negotiate any of the terms of the Sample Price Agreement, Proposer must identify those sections of the sample price agreement they wish to negotiate by submitting Attachment E, identifying the sections, the proposed language, and an explanation of the request.

If Proposer does not submit proposed changes using Attachment E, Proposer, if awarded a price agreement, waives its right to negotiate terms and conditions in the resulting price agreement.

SECTION 4: SUBMISSION REQUIREMENTS

4.1 PROPOSAL FORMAT

Files need to be named and proposals need to be structured and uploaded into the collaboration portal as follows:

4.1.1 [vendor name] proposal.pdf This document is to include the following sections:

o 3.4.1 – Cover Page

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat o 3.4.2. – Reference Form (Attachment B) o 3.4.3 – Cost Proposal (Attachment C) o 3.4.4 - Proposal Form (Attachment A) o 3.4.5 – Trade Secret Form (optional) (Attachment D) o 3.4.6 – Proposed Price Agreement Modifications (Attachment E)

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing.

4.2.1 Log Into the Procurement Collaboration Portal

4.2.1.1 Go to the Marion County Procurement Collaboration Portal which can be found at:

https://contracts-marioncountygcc.msappproxy.net/gateway/

4.2.1.2 Sign In or Create an Account

4.2.1.3 Creating an account MUST be completed 15-30 minutes before files will be able to be submitted through the portal.

4.2.2 Solicitations Tab

4.2.2.1 At the top of the page, hover over Solicitations

4.2.2.2 Select Search All Solicitations

4.2.2.3 Click View next to the applicable solicitation

4.2.3 Opportunity Details

4.2.3.1 Viewing Documents – Scroll down the page to the Files, Documents, Images section, Public Files: subsection. Here you will find all of the relevant files.

4.2.3.2 Submitting a Question – If you would like to submit a question, scroll down the page to the Questions and Answers section. Type your question in the My Questions/Answers text box and click the Ask Question box.

4.2.3.3 Register as Respondent - If you are interested in responding to the posting, click the button Register as Respondent on the left side of the screen.

4.2.3.4 Submitting Documents – If you would like to submit a response to this posting, scroll down the page to the Files, Documents, Images section, My Files: subsection. Here you will Select a file, select a File Category, and type a description before clicking the Save File button.

4.2.3.5 Response Status – Once you have registered as a respondent and submitted documents, scroll to the bottom of the page to the Response Status section and select the

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat appropriate status for your submission, then click Submit.

SECTION 5: EVALUATION PROCESS

5.1 RESPONSIVENESS AND RESPONSIBILITY DETERMINATION

Proposals received prior to Closing will be reviewed for Responsiveness to all RFP requirements including compliance with the Proposal Requirements section. 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, County may waive mistakes in accordance with MCPCR 20-0470.

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

Proposals meeting the requirements outlined in the Proposal Content Requirements section will move into Round 1 evaluation.

5.2 EVALUATION CRITERIA

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be independently evaluated by each member of an Evaluation Committee.

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

5.2.1 Cover Letter

The cover letter will receive a score of 25 points per score sheet, if included, and contains requirements as stated in section 3.4.1.

5.2.2 References

References will receive a score of 5 points for each reference provided for a maximum score of 15 points per score sheet. A proposer not submitting references as instructed will receive a score of zero for references.

5.2.3 Cost Proposal

The cost proposal will receive a score of 60 points for a completed proposal sheet.

5.3 NEXT STEP DETERMINATION

County may determine Apparent Successful Proposer at the conclusion of Round 1 evaluation or may conduct additional rounds of evaluation if in the best interest of the County. Additional rounds of evaluation may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offer

5.4 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

Points are the total possible value for each section as listed in the table below.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

rounds and categories proposal evaluation max points possible

Cover Letter 3.4.1 5.2.1 25 References 3.4.2 5.2.2 15 Cost Proposal 3.4.3 5.2.3 60

Total 100

SECTION 6: AWARD AND NEGOTIATION

6.1 AWARD NOTIFICATION PROCESS

6.1.1 Award Consideration

County intends to award Price Agreements to all responsible proposers scoring above 70 points based upon the scoring methodology and process described in Section 5. County may award less than the full Scope defined in this RFP.

Purchases will be made on an on-call basis through the issuance of a Purchase Order based on the criteria described in Appendix 1.

6.1.2 Intent to Award Notice

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

6.2 INTENT TO AWARD PROTEST

6.2.1 Protest Submission

An Affected Offeror shall have 7 calendar days from the date of the intent to award notice to file a Written protest.

A Proposer is an Affected Offeror only if the Proposer would be eligible for Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

o All higher ranked Proposals are non-Responsive.

o County has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

o County abused its discretion in rejecting the protestor’s Proposal as non-Responsive o County’s evaluation of Proposals or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If County receives only one Proposal, County may dispense with the intent to award protest period and proceed with Price Agreement Negotiations and award.

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

6.2.1.1 Protests must:

o Be emailed to the Marion County Contracts and Procurement Manager at PO_Contracts@co.marion.or.us.

o Reference the RFP number o Identify prospective Proposer’s name and contact information o Be signed by an authorized representative o Specify the grounds for the protest o Be received by the date and time specified on the Notice of Intent to Award

6.2.2 Response to Protest

County will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by County.

6.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.3.1 Insurance

Prior to execution of the Price Agreement, the apparent successful Proposer shall secure and demonstrate to County proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated.

Failure to demonstrate coverage may result in County terminating Negotiations and commencing Negotiations with the next highest-ranking Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit A) prior to Proposal submission.

6.3.2 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

o When requested by County (normally in an intent to award notice), or o When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

County will not make any payment until County has a properly completed W-9.

6.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Price Agreement. The selected Proposer shall submit a current Oregon Secretary of State business registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

mailto:PO_Contracts@co.marion.or.us http://www.filinginoregon.com/index.htm

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

6.4 PRICE AGREEMENT NEGOTIATION

By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Price Agreement (Exhibit A), with the exception of those terms reserved for negotiation. Unless Proposer submits proposed changes as instructed in the Proposal Format Section, County intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Exhibit A). It may be possible to negotiate some provisions of the final Price Agreement for Services; however, many provisions cannot be changed.

Any Proposal that is conditioned upon County’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Marion County Legal Department.

All items, except those listed below, may be negotiated between County and the apparent successful Proposer in compliance with Oregon State laws:

• Governing Law

• Jurisdiction and Venue

• Constitutional requirements and limitations

In the event that the parties have not reached mutually agreeable terms within 60 calendar days, County may terminate Negotiations.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of County. By submitting an Proposal in response to this RFP, Proposer grants the County a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

7.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

Pursuant to ORS 279B.100, County may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the County, as determined by County. County is not liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

PW1546-24 - Request for Proposals for The Purchase of Asphalt Concrete Pavement and CSS-1 Asphalt Tack Coat

7.4 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

7.5 RECYCABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Price Agreement. (ORS 279B.025)

SECTION 8: LIST OF ATTACHMENTS AND EXHIBITS

ATTACHMENT A PROPOSAL FORM

ATTACHMENT B REFERENCE FORM

ATTACHMENT C COST PROPOSAL

ATTACHMENT D TRADE SECRET FORM

ATTACHMENT E PROPOSED PRICE AGREEMENT MODIFICATIONS

EXHIBIT A SAMPLE PRICE AGREEMENT

EXHIBIT B APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-

FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS

APPENDIX 1 GENERAL INFORMATION/REQUIREMENTS

APPENDIX 2 SPECIAL PROVISIONS