RFP S-66000-00008210 - Parking Jump Start Guide RFP Final.pdf

RFP S-66000-00008210 – CFEC Parking Management Jump Start Guide

STATE OF OREGON

COVER PAGE

Department of Land Conservation and Development

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number DLCD S-66000-00008210 for

Parking Management Jump Start Guide

Date of Issue: September 25, 2023 – Closes October 25, 2023, 5:00 PM

Opening Date and Time and Place: October 26, 2023, 8:00 AM, 635 Capitol Street NE, Suite 150, Salem, OR 97301

Single Point of Contact (SPC): Jeff Hunt

Address: 635 Capitol St NE, Suite 150 City, State, Zip Salem, OR 97301 Phone (voice) 503-580-9060 E-mail: jeff.hunt@dlcd.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.

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 WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (OPTIONAL)

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3 SOLICITATION PROTESTS

4.4 PROPOSAL DELIVERY OPTIONS

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6 PROPOSAL DUE

4.7 PUBLIC OPENING

4.8 PROPOSAL REJECTION

4.9 EVALUATION PROCESS

4.10 POINT AND SCORE CALCULATIONS

4.11 RANKING OF PROPOSERS

4.12 NEXT STEP DETERMINATION

4.13 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

6.6 STATEWIDE E-WASTE/RECOVERY POLICY

6.7 RECYCLABLE PRODUCTS

6.8 PRINTING, BINDING, AND STATIONERY WORK

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT/PRICE AGREEMENT

ATTACHMENT B AFFIDAVIT OF TRADE SECRET

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST PROPOSAL FORM - To be provided by Proposer

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H KEY PERSONS

ATTACHMENT I RELEVANT WORK SAMPLES - To be provided by Proposer

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Land Conservation and Development (Agency), is issuing this Request for Proposal (RFP) for the Parking Management Jump Start Guide (Project).

The Land Conservation and Development Commission launched the Climate-Friendly and Equitable Communities program in response to Oregon’s housing, climate, and equity challenges. The Commission directed the Department of Land Conservation and Development (“Agency”) to improve Oregon’s planning system in Oregon’s eight most populated areas (Albany, Bend, Corvallis, Eugene-Springfield, Grants Pass, Medford-Ashland, Portland Metro, and Salem-Keizer).

Implementing the program includes letting climate-friendly development happen where people want to build it and the market calls for it. Communities are implementing required reforms of their parking mandates to improve housing affordability, boost small business development, and promote transportation choices.

As cities and counties reform their parking mandates, there is increased interest in and demand for addressing on-street parking, particularly in downtowns and where spillover parking may occur, and a use may provide less on-site parking than its visitors consume. Addressing this issue, and pre-existing mismatches between parking supply and demand, is best done through a suite of management tools such as signage, time limits, permits, meters, and enforcement.

Agency is initiating this RFP to solicit responses from entities interested in working with Agency to develop a guide for communities to understand the benefits and drawbacks of various parking management tools, as well as the expenses and income of implementing those tools.

All work performed by the selected Proposer or Proposers (“Contractor”) must be completed no later than July 31, 2024.

Additional details on the Scope of the services are included in the Scope of Work/Specifications section.

Agency anticipates the award of one Contract from this RFP. Although all worked performed by the Contractor must be completed no later than July 31, 2024, the initial term of the Contract is anticipated to be two years. Agency also reserves the right to extend any Contract awarded under this RFP for additional periods, not to exceed a cumulative total of two years. After a review of all Proposals, a Contract for services will be awarded to one Proposer. The chosen Proposer will be selected based on the evaluation criteria outlined in this RFP.

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

Questions / Requests for Clarification Due October 6, 2023 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) October 13, 2023 5:00 PM

RFP Protest Period Ends 7 calendar days prior to RFP Closing

Closing (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) November 17, 2023 5:00 PM

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

Agency is issuing this RFP pursuant to its authority under OAR 125-246-0170(2).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency 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 are defined below.

“Commission” means the Land Conservation and Development Commission (LCDC).

“Key Person” means the consultant’s staff or designee with a high knowledge, experience, reputation, and skills that are critical to the viability of the project. This individual is the consultant’s subject matter expert.

“Metropolitan Cities and Counties” means cities and counties within the metropolitan planning area of Oregon’s eight Metropolitan Planning Organizations wholly within the state of Oregon.

“Scope of Work” means the general character of the services and work products, the work’s purpose and objectives, and Agency’s expectations. Examples of expectations include, if applicable, a description of the purchase, specifications, tasks (obligations), deliverables, delivery or performance schedule, and acceptance requirements. The Scope of Work helps the prospective Proposers develop the Proposals.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of Land Conservation and Development (DLCD) is a small state agency. Our mission is to help communities and residents plan for, protect and improve the built and natural systems that provide a high quality of life. In partnership with residents and local governments, we foster sustainable and vibrant communities and protect our natural resources legacy.

DLCD has been charged by the legislature with managing urban growth; protecting farm and forest lands, coastal areas, and natural resource lands; and providing for safe, livable communities in concert with the vision of the local communities. Under the statewide land use planning program, each city and county is called upon to adopt and maintain a comprehensive plan and an implementing zoning code consistent with 19 statewide planning goals. Recognizing that each city and county has unique values and aspirations, DLCD’s job is to provide planning guidance and technical assistance to help communities plan for their future while considering the needs of the region and the state.

2.3.2 Project Overview and Background

The Land Conservation and Development Commission launched the Climate-Friendly and Equitable Communities program in response to Oregon’s housing, climate and equity challenges. The Commission directed the Department of Land Conservation and Development (“Agency”) to improve Oregon’s planning system in Oregon’s eight most populated areas (Albany, Bend, Corvallis, Eugene-Springfield, Grants Pass, Medford-Ashland, Portland Metro, and Salem-Keizer).

Implementing the program includes letting climate-friendly development happen where people want to build it and the market calls for it. Communities are implementing required reforms of their parking mandates to improve housing affordability, boost small business development, and promote transportation choices.

As cities and counties reform their parking mandates, there is increased interest in and demand for addressing on-street parking management – as some uses may provide less on-site parking than its visitors consume. Addressing this issue, and pre-existing mismatches between parking supply and demand, is best done through a suite of management tools such as signage, time limits, permits, meters, and enforcement.

Agency seeks Contractor to solicit local government stakeholder input and work with Agency to develop a Parking Management Jump Start Guide. The Guide will be reviewed by a Project Management Team through an iterative process and must be completed by July 31, 2024.

2.3.3 Purpose

The purpose of this Project is to provide affected local governments (metropolitan cities and counties, as defined in Section 2.2) with parking management tools for consideration and potential adoption by cities and counties.

This Project is funded with legislatively appropriated funds from House Bill 5506 and is not expected to produce repetitive purchases of goods or services following the completion of the Project. The deliverables may be incorporated into city and county municipal codes.

2.3.4 Budget & Schedule

Agency has received a budget of up to $99,000.00 for this work from the legislature.

Consultants may explain where they would recommend efficiencies, other strategies, or costs above that amount. The contract will be awarded to one successful Proposer. The Project deliverables must be completed by July 31, 2024.

2.4 SCOPE OF WORK/SPECIFICATIONS

2.4.1 Products

2.4.1.1 Parking Management Jump Start Guide

Working with Agency staff and a Project Management Team (PMT), the Contractor shall develop the Parking Management Jump Start Guide and revise it as necessary, until the final Guide is accepted by the agency, no later than July 31, 2024. Prior to the first PMT meeting, Contractor will gather information on elements to be included in the Parking Management Jump Start Guide. Contractor shall then work through an iterative process with the PMT to finalize a draft for the Agency.

Based on the Contractor’s experience and knowledge related to writing parking management plans, development codes and local ordinances, Contractor shall ensure the Jump Start Guide:

• Is compliant with all applicable Oregon statewide planning goals, administrative rules, and statutes;

• Has codes and ordinance language that may be directly implemented into local government development codes or local ordinances as seamlessly as possible;

and

• Incorporates community feedback and the consensus of direction provided by the PMT.

2.4.2 Agency Role

Agency shall:

• Plan and manage a public review of draft Parking Management Jump Start Guide;

• Answer Contractor questions and provide direction regarding project deliverable development;

• Collaborate with Contractor and participate in Project Management Team meetings;

• Provide other administrative and technical assistance by mutual agreement of Agency and

Contractor;

• Review and approve the Contractor’s work, invoices, and progress reports; and

• Assist in the mediation of conflicts or issues with the Project or deliverables, between the

Contractor and interested parties.

2.4.3 Contractor Role

The Contractor shall at a minimum provide the following:

• Gather and prepare data and information relevant to the product, including surveying current parking management practices in Oregon cities;

• Present data and information to the Project Management Team, including costs and income from parking enforcement, meters/apps and permit systems;

• Based on comments and input received from the Project Management Team, prepare draft products for Project Management Team review;

• Present draft products to the Project Management Team;

• Discuss and revise Jump Start Guide materials, including model codes and ordinances based on input from the Project Management Team; and

• Prepare final a Jump Start Guide, including model code and ordinance language for publication by the Agency.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (OPTIONAL)

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

3.1.1 Minimum Proposer requirements

• Proposer must have five (5) years’ experience working on parking management, urban-area zoning, and development codes, or both; and

• Proposer shall have completed a minimum of two (2) successful and relevant projects, requiring a similar amount of complexity and input to that requested in this RFP.

3.1.2 Key Person Requirements

Proposer must employ or subcontract with Key Persons who meet all of the requirements in this section. Proposer may submit 1 or more Key Persons so long as all requirements listed below are met. Key Persons must have a minimum of five (5) years’ experience with each of the following:

• Successfully working with local governments;

• Successfully completing parking-related code amendments and other parking-related work;

• Productively engaging stakeholders for input, comment, and feedback; and

• Drafting and revising updates of parking codes and/or ordinances.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section, Section 3.3, below):

• Affidavit of Trade Secret (Attachment B) – if applicable, submit 1 copy only;

• Proposer Information and Certification Sheet (Attachment C);

• Responsibility Inquiry (Attachment G) - submit 1 copy only;

• Company Profile;

• Key Persons and their Resumes;

• Description of approach to writing Jump Start Guide;

• Reference Check Form (Attachment D);

• Cost Proposal Form (Attachment E);

• COBID Certification / Outreach Plan (Attachment F) - submit one copy only; and

• Two relevant work samples (Attachment I) – submit no more than two examples.

3.2.2 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 must submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in Section 4.5 for electronic submission.

The Price Proposal must be submitted as a separate electronic response file.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, 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).

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.

3.2.3 Proposal Page Limits

Proposal is limited to 20 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:

• Company Profile;

• Affidavit of Trade Secret (Attachment B);

• Proposer Information and Certification Sheet (Attachment C);

• Reference Check forms (Attachment D);

• Cost Proposal (Attachment E);

• COBID Certification / Outreach Plan (Attachment F);

• Responsibility Inquiry (Attachment G);

• Key Persons (Attachment H); and

• Work Samples (Attachment I).

3.2.4 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.2.5 Trade Secrets

If Proposer believes any of its Proposal is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 to 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version and shall submit a completed Affidavit of Trade Secret, Attachment B.

3.2.6 Exempt Information

If the Proposer believes that any of its Proposal is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 to 192.478) as a trade secret or otherwise, the Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version, and shall submit a completed Disclosure Exemption Affidavit, Attachment B, if Proposer believes the redacted information constitutes a trade secret.

Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under the Oregon Public Records Law. Further, Proposer should be aware that information submitted by a Proposer that is already in the public domain is not protected as a trade secret. The Agency shall not be liable for disclosure or release of any information when authorized or required by law or court order to do so. The Agency shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

Agency makes no guarantee that information Proposer believes is exempt from disclosure will not be disclosed; Agency has an independent obligation to evaluate whether it believes information is subject to disclosure under the Oregon Public Records Law and is not bound by Proposer’s identification of information as exempt.

By submitting a response to this RFP, Proposer grants the State of Oregon a nonexclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the response for the purpose of conducting this Procurement and to fulfill obligations under Oregon Public Records Law.

3.3 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 services to be performed. A Proposal that merely offers to provide the 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. Proposal should be straightforward and address the requests of the RFP. Proposal containing excess marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

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.

3.3.2 Responsibility Inquiry

Proposer shall complete and submit with its Proposal, Attachment G — Responsibility Inquiry.

3.3.3 Company Profile (Required, not Evaluated)

Proposer shall provide a profile of its company. At a minimum, the company profile must include the following:

• Ownership. If incorporated, the state in which the company is incorporated and the date of incorporation;

• Confirmation of legal capacity to do business in the State of Oregon (registered with the Secretary of State);

• Location of company’s offices (headquarters and branches);

• Location of the office to service the State of Oregon accounts;

• The office locations from which employees will be assigned to Agency’s work engagements;

• Number of employees located in the Pacific Northwest, nationally and internationally;

• Name, address, telephone number and email address of Proposer’s

Account Manager if awarded a Contract;

• Company’s background/history and why Proposer is qualified to provide Services described in the RFP;

• Length of time Proposer has been providing services comparable to those described in the RFP and provide a brief description; and

• Company’s client base.

3.3.4 Key Persons and their Resumes (Required)

Proposer shall submit on provided Attachment H, Key Person(s) name, work phone, work email, and title for each Key Person(s) who will be assigned to perform the services described in this RFP. For each Key Person(s) listed, Proposer shall include a current resume (not to exceed 2 pages each) that demonstrates each Key Person’s qualifications and experience to provide the services described in the RFP. In addition to the Key Persons’ resumes, Proposer must include the following information for Key Persons:

• An explanation of how the work experience prepares the individual to provide the services described in this RFP; and

• A narrative demonstrating one or more Key Person’s ability, experience, and skills to coordinate and facilitate stakeholder review of written documents.

3.3.5 Parking Management Jump Start Guide Evaluation (100 Points Possible)

Proposals will be evaluated based upon the following:

3.3.5.1 Key Persons (25 Points Possible)

Proposer shall identify which of the Key Persons described above in Section 3.3.4 will be the Key Persons for writing and compiling the Parking Management Jump Start Guide.

3.3.5.2 Stakeholder Engagement (15 Points Possible)

Proposer shall provide a detailed narrative which demonstrates Proposer’s ability to solicit and address constructive stakeholder input to inform development code provisions or local government ordinances.

3.3.5.3 Project Implementation Plan (25 Points Possible)

Proposer shall provide a detailed project implementation plan that demonstrates Proposer’s experience, training, and knowledge to provide a Parking Management Jump Start Guide as described in Section 2.4.1.1.

Proposer’s detailed project implementation plan must at a minimum include the following:

• Proposer’s approach to providing a Parking Management Jump Start Guide as described in Section 2.4.1.1;

• How Proposer will carry out the major activities of developing a Parking Management Jump Start Guide to Agency. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the work; and

• A graphic illustration of the project schedule, including interaction with the PMT at up ten meetings.

3.3.5.4 Previous Experience (25 Points Possible)

Proposer shall provide a detailed description of a minimum of two (2) previous projects Proposer has completed in the last five (5) years, to analyze parking management approaches and draft plans, code provisions or ordinance provisions. The projects should be similar in scope, size, and requirements to that described in this RFP and should also include the Key Persons listed in Section 3.3.4. The projects must demonstrate Proposer has the experience, knowledge, and qualified staff to provide the services being requested. Project descriptions must at a minimum include the following:

• A detailed overview of each project;

• The type and size of the project;

• Goals and objectives of the project;

• A description of any notable or unique challenges posed by each project;

• A description of the results;

• Key Persons assigned and their roles;

• If the services were completed within Proposer’s estimated budget and schedule or if they required adjustments. Please include an explanation for the adjustments;

• At least three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must be able to verify the quality of previous, related work; and

• Any other important and relevant information regarding the project.

3.3.5.5 Cost Proposal (10 Points Possible)

Proposer shall submit a detailed Cost Proposal (Attachment E) that includes the following items:

• Fully loaded hourly rate for each Key Person and any additional personnel who will be assisting in providing the services proposed on; and

• Provide an estimated cost for the Parking Management Jump Start Guide Program.

Include summary costs for anticipated tasks and include travel expenses as a separate line item.

3.3.6 References (Required)

Proposer shall provide, on included Attachment D, at least three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must be able to verify the quality of previous, related work.

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

SECTION 4: 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.

Proposers who do not have access to OREGONBUYS may request copies from the SPC or may request to review the Solicitation Document at the Agency’s headquarters office.

By submitting a Proposal, each Proposer agrees that it accepts all risks, and waives any claims, that may be associated with or related to its failure to obtain any Addendum, Addenda, or Addendum information.

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via email or hard copy;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

https://oregonbuys.gov/

• 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.

At its sole discretion, Agency will respond to such requests received by direct response, by issuing clarification(s) in the form of Questions and Answers posted on OregonBuys, or by issuing changes in the form of Addenda posted on OREGONBUYS. Agency’s clarification to a Proposer’s request, whether orally or in Writing, does not change this RFP and is not binding on the Agency unless the RFP is amended by Addendum.

4.3 SOLICITATION PROTESTS

4.3.1 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 Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below.

4.3.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in an Addendum.

Protests to Addenda, if issued, must be submitted by 5 p.m. Pacific Time of the second Business Day or 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.

All Protests must:

• Be delivered to the SPC via email or hard copy;

• Reference the RFP 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.

• 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;

and

• Protests to Addenda must be received by the due date identified in the respective

Addendum.

4.4 PROPOSAL DELIVERY OPTIONS

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

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov

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

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section.

To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

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 email or hard copy prior to closing in accordance with OAR 125-247-0440. To be effective the notice must include the RFP number.

4.6 PROPOSAL DUE

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

A Proposal received after Closing is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer, if the Proposer requests, but Agency may retain a copy of any late Proposal for recordkeeping purposes.

4.7 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 pursuant to OAR 125-247-0630. However, Agency will record and make available the identity of all Proposers after opening.

4.8 PROPOSAL REJECTION

Agency 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 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 those the SPC authorizes, or inappropriate contact with the SPC (except to the extent the contact or communication is protected by Article I, section 8 or Article I, section 36 of the Oregon Constitution);

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

• Proposer attempts to influence a member of the Evaluation Committee; and

• Proposal is conditioned on Agency’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.

4.9 EVALUATION PROCESS

4.9.1 Responsiveness and Responsibility determination

4.9.1.1 Responsiveness determination

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with the Minimum Qualifications section and the Minimum Submission 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, Agency may waive minor informalities or mistakes in a Proposer’s Proposal in accordance with OAR 125-247-0470 and OAR 137- 047-0470(2)(a).

4.9.1.2 Responsibility determination

Agency 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, Agency may reject a Proposer found to be not Responsible.

4.9.1.3 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency 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 up to the maximum points available in the Point and Score Calculation section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposal. 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.

Rating Scale for Key Persons, Project Implementation Plan, and Previous Experience (25 Points Possible):

SCORE EXPLANATION

21-25

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.

16-20 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.

Rating Scale for Stakeholder Engagement (15 Points Possible)

Rating scale and explanation for Cost Proposal (10 points possible):

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

4.9.3 Preferences

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least one Proposer does not, Agency will select the Proposer offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125(2) exists following any adjustments made to the price of the Goods

11-15 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.

6-10 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

0-5 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.

SCORE EXPLANATION

13-15

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.

10-12 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.

7-9 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.

4-6 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

0-3 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.

according to any applicable reciprocal preference.

4.9.3.1 Tiebreakers

Oregon Supplies: If Agency receives Proposals identical in price, fitness, availability, and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

4.10 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

The maximum points possible for each evaluation item are listed in the table below.

The SPC will average all scores for each evaluation criterion.

Cost points are calculated as stated in the Cost Evaluation section.

Parking Management Jump Start Guide Evaluation Points

3.3.5.1 Key Persons 25

3.3.5.2 Stakeholder Engagement 15

3.3.5.3 Project Implementation Plan 25

3.3.5.4 Previous Experience 25

3.3.5.5 Cost Proposal 10

4.11 RANKING OF PROPOSERS

The SPC will average all the scores for each Proposal, per service type proposed on, in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

SPC will rank all Proposers by Product Category at the conclusion of the evaluation and scoring and may, in SPC’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, SPC will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

After any applicable preference has been applied, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

4.12 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews;

• Presentations/Demonstrations/Additional Submittal Items;

• Discussions and submittal of revised Proposals;

• Serial or simultaneous negotiations; and

• Best and Final Offers.

4.12.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OREGONBUYS of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.12.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all 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 Agency.

4.13 INTERVIEWS

Agency reserves the right, at its discretion, to conduct Proposer interviews at any time in the RFP process. If Agency elects to conduct interviews, interviews may be in person at a location determined by Agency; however, Agency may elect to conduct interviews via teleconference.

Further details will be included with any Notice of Competitive Range, if Agency decides to issue a Notice of Competitive Range.

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, they will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Proposers participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Proposer with the highest score from the final round will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

Agency may award less than the full scopes of work defined in this RFP. Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. Agency may select the next ranked Responsive and Responsible Proposer, issue an Intent to Award notice and begin a new award protest period. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any Proposer.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 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 Contract 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:

• All higher ranked Proposals are non-Responsive;

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP;

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive; and

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal or receives only one Proposal that offers to provide services in a particular product category, Agency may dispense with the evaluation process and intent to award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protests must:

• Be delivered to the SPC via email or hard copy;

• Reference the RFP number;

• Identify prospective Proposer’s name and contact information;

• Be signed by an authorized representative;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the intent to award notice.

5.2.2 Response to Protest

Agency 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 Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposers who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposers shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 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 Contract. Information about these requirements may be found at http://sos.oregon.gov/business/pages/register.aspx.

5.3.4 Policy Certification

As a condition of receiving an award of a contract with a contract price of $150,000 or more, under this RFP, the successful Proposer must certify, in accordance with ORS 279B.112 (2017 Oregon Laws, chapter 212), that it is has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. A Contractor’s policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination. DAS reserves the right to request a copy of Contractors policy.

“Protected class” means a group of people that state or federal law protects from employment discrimination including, but not limited to, a group in which membership depends on an ascribed association or identification, or an individual’s voluntary association or identification with other individuals, on the basis of one or more of these characteristics:

Race, color or ethnicity; National origin; Sex; Gender, including actual or perceived gender identity; Sexual orientation; Disability; Age; Marital status; or Religion.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer or Proposers, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample http://sos.oregon.gov/business/pages/register.aspx

Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract. The State intends to enter into a Contract with the successful Proposer substantially in the form set forth in the Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

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

• Choice of law;

• Choice of venue;

• Constitutional requirements; and

• Requirements of applicable federal and State law.

In the event that the parties have not reached mutually agreeable terms within 30 calendar days after the issuance of a Notice of Intent to Award, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns and an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information please visit:https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787& TN= oregon4biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any judicial action, including any judicial review, relating to this RFP, evaluation, or award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must, as mandated by federal law, be brought only 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.