RFP S-66000-00009176 - CFEC Land Use Planning_Engagement_Parking Management.pdf

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

STATE OF OREGON

COVER PAGE

Department of Land Conservation and Development

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number DLCD S‐66000‐00009176 for

Climate‐Friendly and Equitable Communities

Date of Issue: January 12, 2024 – Closes February 16, 2024, 5:00 PM

Opening Date and Time and Place: February 19, 2024, 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) 971-375-5976 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.

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

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 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 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

4.14 INTERVIEWS

4.15 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 PAY EQUITY CERTIFICATION………………………………………………………………………………………….. 22

5.5 NONDISCRIMINATION IN EMPLOYMENT………………………………………………………………………… 22

5.6 CONTTACT 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

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

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 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 Climate-Friendly and Equitable Communities Land Use Planning, Community Engagement, and Parking Reform (Projects).

The Land Conservation and Development Commission launched the Climate-Friendly and Equitable Communities program in response to Oregon statutory direction to reduce climate pollution and meet certain targets by specific years. Oregon has not been meeting its pollution reduction targets, and this program is an attempt to course correct. The Commission directed the Department of Land Conservation and Development to improve rules governing 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).

The rules require that cities and counties in Oregon’s eight metropolitan areas update their land use and transportation plans to meet updated requirements provided in Oregon Administrative Rules 660-012. The Climate-Friendly and Equitable Communities Land Use Planning, Community Engagement, and Parking Reform Projects are important elements of the Climate-Friendly and Equitable Communities program.

Agency is initiating this RFP to support Agency in providing services to local governments to

1) conduct land use planning projects (land use regulation amendments), 2) conduct community engagement activities, and 3) implement parking reform and management.

All work performed by the selected Proposer or Proposers (“Contractor”) must be completed no later than June 30, 2025.

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

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

Agency anticipates the award of one or more Contracts from this RFP. Although all work performed by the Contractor must be completed no later than June 30, 2025, 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 six years. After a review of all Proposals, a Contract for services will be awarded to one or more Proposer 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. N/A denotes that event is not applicable to this RFP.

Event Date Time

Written Questions / Requests for Clarification Due

January 22, 2024 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) January 26, 2024 5:00 PM

Pre-Proposal Conference January 22, 2024 9:00 AM

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.) March 15, 2024

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.

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

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

“Equitable Community Engagement” means a combination of processes that support the participation of and is focused on centering the voices of underserved populations.

“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.

“Land Use Regulation Amendments” means an amendment to a plan or implementing land use regulation, including an amendment to the plan text or map.

“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.

"Parking Reform and Management” means strategies to encourage more efficient use of parking, including updated parking code provisions, parking ordinances, enforcement systems, plans for buying and managing parking tools such as meters and permits, and parking benefit district ordinances.

"Participating Jurisdictions” means cities and counties awarded Climate-Friendly and Equitable Communities implementation assistance delivered through DLCD managed contracts.

“Transportation System Plan (TSP)” means a plan for one or more transportation facilities that are planned, developed, operated, and maintained in a coordinated manner to supply continuity of movement between modes, and within and between geographic and jurisdictional areas.

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 citizens plan for, protect and improve the built and natural systems that provide a high quality of life. In partnership with citizens 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

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

Oregon is experiencing a climate crisis. Oregon is striving to meet statutory goals and policy to reduce climate pollution, including the roughly 36% of climate pollution that comes from transportation. Unfortunately, Oregon is off-track in our efforts to reduce how often and how far Oregonians have to drive to meet their daily needs. To course correct, the Land Conservation and Development Commission updated Oregon's Transportation Planning Rules (TPR) and related administrative rules. After two years of extensive community engagement, the commission adopted rules to implement the Climate-Friendly and Equitable Communities (CFEC) program on July 21, 2022.

The CFEC program is a substantial shift to integrated land use and transportation planning required by metropolitan cities and counties under the TPR (OAR 660-012). The program includes updates to Oregon Administrative Rules in three divisions covering land use, transportation, and climate planning.

During the 2023 Regular Session, the Oregon legislature passed House Bill 5506, appropriating $2,690,922 from the General Fund to DLCD to provide assistance to local governments to implement the CFEC program. After consultation with affected local governments, DLCD staff anticipate a large portion of this funding will be delivered through direct consultant services to local governments through DLCD managed contracts.

2.3.3 Purpose

The purpose of this RFP is to build a team of consultants to support local implementation efforts during the 2023-2025 biennium. In total, DLCD seeks proposals from qualified contractors to complete one or more of three distinct work products;

Land Use Planning, Community Engagement, or Parking Reform.

Budget & Schedule:

Agency has a budget of between $500,000.00 and $1,000,000.00 set aside for the Land Use Planning, Community Engagement, and Parking Reform work. Consultants may explain where they would recommend efficiencies, other strategies, or costs above that amount.

The contract will be awarded to one or more successful Proposers.

The Project deliverables must be completed by June 30, 2025.

2.4 SCOPE OF WORK/SPECIFICATIONS

Products:

2.4.1 Land Use Planning

Land Use Regulation Amendments - Agency seeks a contractor to support local governments in making amendments to local comprehensive plans and land development code to meet updated CFEC requirements. An example of the type of work that the agency is expecting to be supporting is code audits and code amendments to implement the requirements in OAR 660-012-0330. Products will include equitable community engagement, adoptable code language, and findings.

2.4.2 Equitable Community Engagement

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

Agency is seeking a contractor to support communities in the creation and implementation of engagement plans for major transportation system plan updates and other planning work, focused on centering the voices of underserved populations. Each plan will include a timeline of strategic touch points with the community, engagement activities, and communication methods. The engagement work may be done by the jurisdiction, community members and groups, or the consultant, and may evolve over time based on what jurisdiction members learn as the project progresses.

2.4.3 Parking Reform and Management

Agency seeks a contractor to support local governments with parking reform and management to meet the requirements and goals of the CFEC program’s parking reforms. Deliverables are expected to include materials and local government briefings on the parking reform options under OAR 660-012-0420 through 0450, and parking ordinance updates to manage on-street or off-street parking. Deliverables may include handouts about parking management tools such as meters and permits and drafting parking benefit district ordinances.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (OPTIONAL)

To be considered for evaluation, Proposal must demonstrate how Proposer meets the requirements of this section that are relevant to the work products under consideration in the proposal.

3.1.1 Minimum Proposer requirements

Proposers may choose to include one or more of the Work Products listed in Section 2.4 in a proposal. Not all Minimum Proposer Requirements listed below may be relevant to every work product.

Proposer must have completed a minimum of two successful and related projects, similar in scope and size to that requested in this RFP, within the last five years, as is relevant to the Proposal;

Proposer must have experience and expertise in facilitating local government development code amendment processes in compliance with all state laws related to housing planning, as relevant to the Proposal;

Proposers must have experience with equitable engagement in housing planning processes, including developing robust outreach and engagement plans, building capacity to engage diverse community members in planning processes, and leading efforts toward inclusion of priority populations such as translation and accessibility considerations, as is relevant to the Proposal; and/or

Proposers must have experience with various parking reforms and management tools, and the benefits and drawbacks of implementing those tools.

3.1.2 Key Person Requirements

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

Proposer must identify Key Persons who will perform the Work under the Contract who meet all of the requirements in this section. Proposer may use one or more Key Persons so long as all requirements listed below are met. Key Persons must have experience with each of the following based on the work products indicated in their Proposal:

Facilitating land use policy discussions;

Successfully working collaboratively with local governments in Oregon;

Community engagement for local input, comment, and feedback; and

Advising institutions on engaging diverse communities in planning processes.

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 Model Code for statewide implementation (versus jurisdiction-specific code);

Reference Check Form (Attachment D);

Cost Proposal Form (Attachment E);

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

Land Use Planning Response (if proposing to provide this service);

Community Engagement Response (if proposing to provide this service); and

Parking Reform Response (if proposing to provide this service).

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), RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

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 30 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.

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.

3.2.5 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

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform 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

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

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 in Attachment H, Key Person(s) name, work phone, work email, title, and service type proposed on, 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:

A narrative demonstrating one or more Key Person’s ability, experience, and skills to coordinate and facilitate community discussions for each of the service types proposed on; and

3.3.5 Equitable Engagement and Outcomes

Proposer shall submit a narrative demonstrating the Proposer’s ability to engage the community and facilitate community meetings and discussions for work products as listed in Section 2.4.

The narrative should demonstrate that the proposer has the ability and staff capacity to further fair and equitable outcomes, especially for historically marginalized communities for the work product listed in Section 2.4.

3.3.6 Project Implementation Plan

Proposer shall provide a detailed project implementation plan that demonstrates Proposer’s experience, training, and knowledge to provide the work product being proposed upon as described in Section 2.4. Proposer’s detailed project implementation plan must at a minimum include the following:

Proposer’s approach to providing the work product being proposed on;

Proposer’s approach for involving the community, and for coordinating and facilitating community meetings, for each work product being proposed on;

The number of Participating Jurisdictions Proposer would be able to complete work products for during the Contract performance period ending June 30, 2025;

How Proposer will carry out the major activities of providing work products to Agency and the Participating Jurisdictions;

Provide a management plan the Proposer intends to follow;

Describe how the plan will serve to coordinate and accomplish the work.

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

3.3.7 Price Proposal

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.

Provide an estimated cost for each of the work products being proposed upon. Include summary costs for anticipated tasks and include travel expenses as a separate line item.

3.3.8 References (Required )

Proposer shall provide in 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.

4.2 PRE‐PROPOSAL CONFERENCE

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

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

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

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing. Agency will not provide an official, Written response to any question posed orally at the Pre-Proposal Conference for which no Written version is submitted at that time, and any oral answer offered at the Pre-Proposal Conference to such a question will be considered to have been withdrawn.

Following the pre-Proposal Conference, all questions and Written answers will be posted on the OREGONBUYS website as an addendum to, and shall become part of, the RFP.

Nothing stated at the pre-Proposal conference shall change the RFP unless a change is made by Written Addenda.

DATE TIME LOCATION

January 22, 2024

9:00 AM –10:30 AM

Virtual Meeting Only:

https://us02web.zoom.us/j/84653296146?pwd =ejlsTDNwZllpaDdOa25uZFEvUkIwUT09

Meeting ID: 846 5329 6146 Passcode: 337803

Dial by your location

+1 253 205 0468 US

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 email;

Reference the RFP 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.

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.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

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.

4.4.2 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.

4.4.3 All Protests must:

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:

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

and 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.

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. 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

4.6 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

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform 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.

4.7 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.

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

4.9 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 has liquidated and delinquent debt owed to the State or any department or agency 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 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 Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility determination

4.10.1.1 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, RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform 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).

4.10.1.2 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.

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and 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 each scoring category:

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 X price points = price score

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.

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.

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

Proposers possible price being scored

4.10.2.1 Evaluation Item 1: Key Persons (25 Points)

How well does each of the Key Person’s resume and narratives demonstrate that the individual has the skills, training, ability, and knowledge to provide the Services proposed by the Proposer?

How well does the Proposer’s narrative and work samples demonstrate each of the Key Persons meets the requirements of the relevant work products as listed in Section 2.4 being proposed on?

4.10.2.2 Evaluation Item 2: Community Engagement (25 Points)

How well does the Proposer’s narrative demonstrates the Proposer’s ability to engage the community and facilitate community meetings for work products as listed in Section 2.4 being proposed on?

How well does Proposer’s narrative demonstrate that it has the ability and staff capacity to further fair and equitable outcomes, especially for historically marginalized communities, for any work product listed in Section 2.4 being proposed on?

4.10.2.3 Evaluation Item 3: Project Implementation Plan (25 Points)

How well does Proposer demonstrate Proposer’s experience, training, and knowledge to provide work products as described in Section 2.4 being proposed on?

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

Proposer’s approach to providing work products proposed on;

Proposer’s approach for involving the community, and for coordinating and facilitating community meetings, for proposed work products;

The number of Participating Jurisdictions Proposer would be able to complete proposed work products for during the Contract performance period; and

How Proposer will carry out the major activities of providing work products being proposed on to Agency and the Participating Jurisdictions.

Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the work.

4.10.2.4 Price Evaluation (25 Points)

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

Agency SPC will review the Proposer’s Cost Proposal separately from the Evaluation Committee.

How well does Proposer’s Cost Proposal meet Agency’s expectations and allocated budget for each work product relevant to the proposal?

4.10.2.5 Tiebreakers

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 137-046-0300.

4.11 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.

Evaluation Points

3.3.4 Key Persons 25

3.3.5 Community Engagement 25

3.3.6 Project Implementation Plan 25

3.3.7 Cost Proposal 25

4.12 RANKING OF PROPOSERS

The SPC will average all the scores for each Proposal, per product 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.

The following preferences will be applied:

• Preference for Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

• Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

Preference for Recycled Materials

Contractors (consultants) shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

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 according to any applicable reciprocal preference.

4.13 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

Best and Final Offers

4.13.1 Competitive Range Determination

If DAS PS, 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 DAS PS’ sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. DAS PS will post a notice in ORPIN of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.13.2 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

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

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.

4.14 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.

4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS PS 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

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform 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.

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.

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.

RFP S‐66000‐00009176 – CFEC Land Use Planning, Community Engagement, and Parking Reform

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…