Form #S002-B050223

ORBuys Bid Solicitation #: S-73000-00017438

OREGON DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSALS

Transportation Land Use Planning 2027 (“TLUP-27”) Price Agreement A&E Related Services and Non A&E Personal Services Oregon Department of Transportation

RFP Issue Date: See “Available Date” for this RFP in OregonBuys

Proposal/Quote Due Date: See “Bid Opening Date” and time for this RFP in OregonBuys.

Purchaser/Single Point of Contact: See “Purchaser” and “Info Contact” for this RFP in OregonBuys.

Agency will conduct a Pre-proposal conference for this RFP. Agency has scheduled a Pre‑proposal conference, to be held via virtual meeting. Attendance is not mandatory, but is encouraged. The purpose of the conference is to provide additional information regarding this solicitation and to answer questions Proposers have submitted prior to the Pre-proposal conference. The Pre-proposal conference will not be recorded. The PowerPoint slide deck, submitted questions and answers provided, will be posted to OregonBuys in a timely manner following the conclusion of the Pre-proposal conference. Proposers are cautioned that the official RFP requirements will change only by written addenda issued by Agency.

Interested parties may attend the Pre-Proposal conference via Microsoft Teams, using the following information:

Date: Tuesday, October 6, 2026, at 11:00am PST

Instructions for the Pre-proposal conference:

1. At least 1 week before the conference:

a. Send any questions you would like answered during the Pre-proposal conference to valerie.harms@odot.oregon.gov before September 29, 2026, and indicate in the email that you would like your question addressed during the Pre-proposal conference.

b. Questions submitted less than 1 week before the conference, or not identified in the email to be addressed during the Pre-proposal conference, will not be addressed during the Pre-proposal conference.

2. Day of the conference:

a. Click on the link below to join the Microsoft Teams meeting

b. Questions submitted during the conference will be addressed according to the process described in Section 1.2.1 (Proposer Questions).

Join on your computer or mobile app Microsoft Teams meeting Join: https://teams.microsoft.com/meet/276675143443232?p=hdaK58Hu6FHbvyFvLZ Meeting ID: 276 675 143 443 232 Passcode: Ct2Wc3sB Or call in (audio only) Dial in by phone +1 971-277-1965,,220095235# United States, Portland Find a local number Phone conference ID: 220 095 235#

Notes:

· Protecting OregonBuys Proposers and Vendors from Scams: Scammers have been spoofing email addresses for Purchaser/Single-Point-of-Contact listed on a solicitation and sending emails from domains other than the legitimate “@odot.oregon.gov” domain. In these emails, the scammers are attempting to convince Proposers to make payment(s) in order to submit a bid or be considered for an award. The State of Oregon and the Oregon Department of Transportation will never ask for, or demand, payment to submit a bid or to be considered for an award.

· OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). See RFP Section 0.1 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

· Hyperlinks: This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this RFP.

· Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Buyer”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Ending Date” and time in OregonBuys).

· Commitment To Diversity, Equity, and Inclusion: The State of Oregon is committed to taking steps towards promoting fair and accessible procurement processes for all small and resource limited businesses by reducing obstacles and negative impacts. We encourage all interested businesses to participate in this contracting opportunity.

TABLE OF CONTENTS

Attachments:

· Attachment A – Sample Price Agreement

· Attachment C – Proposal Cover Sheet

Section 0.0 OREGONBUYS, RFP ATTACHMENTS, SOLICITATION SCHEDULE

0.1 OREGONBUYS

0.1.1 REGISTRATION REQUIREMENT; OREGONBUYS USER GUIDES

All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website (https://oregonbuys.gov/bso). For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf). Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. ODOT shall not be responsible for defective registration or incorrect vendor information.

For quick reference information regarding common questions from vendors when using OregonBuys, see User Guides under “OregonBuys eProcurement System” on the Contracting with ODOT webpage: https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx.

0.1.2 CROSSWALK of TERMS used in OREGONBUYS

0.2 RFP ATTACHMENTS

In addition to the provisions set forth and linked within this RFP, this RFP incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this RFP, including but not limited to:

· Details entered in the Header Information section;

· All RFP attachments, “Amendments” (if any), and any other files linked in the File Attachments and Form Attachments subsections; and

· Information, if any, entered in the “Questions” and “Item Information” sections.

0.3 SOLICITATION SCHEDULE

Agency conduction of interviews (if conducted) Conducted by Agency in a timely manner

* Proposer, by submitting a Proposal, commits to and will be expected to make best efforts to accommodate the negotiation schedule above if selected for intent to award. See Section 2.4 Negotiations.

Section 1.0 SOLICITATION INFORMATION AND REQUIREMENTS

For purposes of this RFP:

“Agency” or “ODOT” means Oregon Department of Transportation;

“business days” means calendar days, excluding Saturdays, Sundays and all State recognized holidays;

“calendar days” means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State holiday or other day;

“Certified Firm” or “Certified Small Business” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity as “disadvantaged business enterprise”, “minority-owned business”, “woman-owned business”, “emerging small business” or “a business owned by any veteran”;

“COBID” means Certification Office for Business Inclusion and Diversity;

“days” means calendar days;

“General Proposal” means the Proposer response to the evaluation criteria in Sections 2.2.1 through 2.2.3;

“Personal Services” includes architectural, engineering, photogrammetric mapping, transportation planning or land surveying services procured under ORS 279C.105 or 279C.110, and means all of the following:

· Architecture and Engineering (“A&E”) has the meaning as provided in ORS 279C.100-125 and means the services of a person or persons that are designated by a state contracting agency with procurement authority under ORS 279A.050 or a local contracting agency as personal services.

· “A&E Related Services” has the meaning provided in ORS 279C.100, and means personal services, other than A&E, that includes but is not limited to, connect directly to planning, designing, engineering, or overseeing public improvement projects or components of public improvement projects, and related services procured under ORS 279C.120.

· “Non A&E Services” means services, other than A&E and A&E Related Services, that require specialized skills, knowledge and resources in the application of technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment.

“Price Agreement” or “PA” (referred to as “Master Blanket Purchase Order” or “MBPO” in OregonBuys) means the written document of understanding with no guarantee of a minimum or maximum purchase, negotiated between Agency and a Consultant for the provision of services, which contains contract clauses and pricing information that will apply to potential future contracts during its term to be established through Work Order Contracts that will incorporate the required and applicable provisions of the Price Agreement;

“Professional Services” means architectural, engineering, photogrammetric mapping, transportation planning or land surveying services that must be procured using qualifications-based selection procedures [see ORS 279C.100 and ORS 279C.110];

"Proposal" (referred to as “Quote” in OregonBuys) means a written response to a Request for Proposals;

“Proposal Submission Items” means all items required to be submitted with the Proposer’s Proposal;

“Proposers” – (referred to as “Vendor” in OregonBuys) All firms submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”;

“Qualification Based Selection” or “QBS” means evaluation and scoring of Proposals based on qualifications, experience and project approach, without considering cost;

“RFP” means Request for Proposal (referred to as “Bid Solicitation” in OregonBuys);

“Scope of Services” means the general character and range of Services and supplies needed, the work’s purpose and objectives, and an overview of the performance outcomes expected by Agency;

“Services” means the services to be performed under an executed Work Order Contract;

“State” means State of Oregon;

“Statement of Work” or “SOW” means the specific provisions in the final Work Order Contract which set forth and defines in detail (within the identified Scope of Services) the agreed-upon objectives, expectations, performance standards, Services, deliverables, schedule for delivery and other obligations;

“Technical Proposal” means the Proposer response to the evaluation criteria in Sections 2.2.5 through 2.2.8;

“Work Order Contract” or “WOC” (referred to as “Release Requisition” in OregonBuys) means the contract formed between Consultant and Agency by an executed work order. The executed WOC includes the SOW for a specific project, method of compensation, not-to-exceed dollar amount, and incorporates required and applicable provisions of the PA. A sample WOC form (as may be revised from time to time by Agency) is available on the Consultant Forms and Resources page (https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx)

“Writing” means letters, characters and symbols made in electronic form or inscribed on paper and intended to represent or convey particular ideas or meanings.

Note: Though not defined, the terms “subconsultant” and “subcontractor” are used interchangeably in this document.

1.1.2 SUMMARY OVERVIEW

The Oregon Department of Transportation (“ODOT” or “Agency”) is seeking Proposals from firms to provide Transportation and Land Use Planning Services through WOCs issued under PA with the Consultant(s) for those Services. Proposers responding to this RFP do so solely at their expense, and Agency is not responsible for any Proposer expenses associated with this RFP.

PAs resulting from this solicitation may be for a single discipline or any combination of disciplines or subject areas listed below. Proposers are encouraged to submit Proposals for the disciplines that best align with their abilities. Proposer shall select the desired discipline(s) on the required Cover Sheet (Attachment C).

The Disciplines or Subject Areas for Professional and Related Services for this RFP are as follows:

General Background Information:

Awarded Consultant(s) shall provide Personal Services, as assigned in a Work Order Contract, within the Scope of Services identified in the Price Agreement for which Proposer has submitted a proposal in response to the RFP. Projects may be located throughout the State and may be focused on: 1) either the State, local, or both facilities and the services that comprise the transportation system, or 2) on local land uses.

The State of Oregon supports, through the 19 Statewide Planning Goals - http://www.oregon.gov/LCD/Pages/goals.aspx - strong links between transportation planning and land use, natural resources, economic development, and other public interests. Projects will provide long-term direction for the planning and management of an integrated transportation system through consideration of how transportation systems move people and goods as well as how they affect community character, the natural and human environment, and economic development. Projects will advance the goals and policies of the Oregon Transportation Plan, including but not limited to its modal and topic plans http://www.oregon.gov/ODOT/Planning/Pages/Plans.aspx. Under a WOC the Project purpose and the level and type of related analyses will vary but Projects will support a transportation planning decision.

These Agency Projects may be conducted in cooperation with various counties, cities, or other public agencies in the State. Consultant participation may involve comprehensive Project management and provision of specific Services to support one or more task activities associated with projects that are principally managed and staffed by Agency.

A typical Project included under this solicitation may:

· Require comprehensive Project management;

· Require specific Services to support one or more task activities associated with Projects that are principally managed and staffed by Agency;

· Require specific Services that utilize subconsultants or subcontractors that will be assembled and managed by a Prime Consultant for each individual WOC;

· Require specific Services related to the technical analysis and mapping, development and evaluation of alternatives, plan development and adoption, public involvement, and Project coordination;

· Require professional judgement to support Project recommendations;

· Have initial WOC amounts of between $50,000 and $500,000; and

· Have a duration of 18 to 36 months.

The Services that may be assigned under WOCs are further described in Exhibit A, Scope of Services of the sample PA (RFP Attachment A).

Future Work Limitations (For these purposes, “Affiliate” or “Affiliates” of a Consultant means any Person or entity that controls, is controlled by or is under common ownership or control with that Consultant.):

· If a Consultant or an Affiliate of Consultant enters into a Personal Services contract for the purposes of administering, managing, monitoring, inspecting, evaluating compliance with or otherwise overseeing a public contract, that Consultant or an Affiliate of that Consultant will not be eligible to enter into a public contract that is subject to administration, management, monitoring, inspection, evaluation or oversight by means of the personal services. See ORS 279C.307, and 279C.307(3) regarding possible Agency applications for exceptions.

· If a Consultant or any Affiliate of Consultant enters into personal services contract(s) with Agency for the purpose of advising or assisting in developing specifications, a scope or statement of work, an invitation to bid, a request for proposals or other solicitation documents and materials related to a given procurement, the Consultant may not be eligible to propose/bid on the prospective procurement (based on a case-by-case assessment by Agency).

Quantity of PAs Awarded:

It is anticipated that the following number of PA’s will be issued as a result of this RFP:

Agency, in its sole discretion, may select more or fewer Proposers based on the Proposals submitted, the results of the evaluation, and Agency’s capacity needs for the Services.

Offer Period: A Proposer's Proposal is a firm offer, irrevocable, valid and binding on the Proposer for not less than 180 days following the Bid Opening Date for this RFP. Agency may request, either orally or in writing, that Proposer extend the offer period in writing.

Contingent upon Agency need and available funding, Agency may (for up to 9 months following the close of this solicitation), in Agency’s sole discretion, make additional award(s) from this RFP. Agency may select the next ranked responsible Proposer who has submitted a responsive proposal (provided Proposer agrees to an extended offer period, which would cover the balance of the 9 months, if at that time the offer period stated in the paragraph above has expired or soon will expire), issue an intent to award and begin a new selection 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 reserves the right to require confirmation of the qualifications of any Proposer.

WOC Assignments: Specific projects will be assigned as needed by Agency via WOCs. The WOC Assignment process is described in Exhibit F of the sample PA (RFP Attachment A). There is no guarantee that any specific amount of Services will be assigned or any overall dollar amount will be expended through the duration of the PA. Any WOC SOWs must be within the scope of Services described in this RFP. Assigned WOCs will identify a schedule for delivery, costs, and include or incorporate by reference an SOW with clearly defined tasks and deliverables.

Agency reserves the right to conduct a separate solicitation for any project (or bundled projects), and to make assignments to firms under other contracts or PAs.

PA Duration: PAs are anticipated to be effective by February 2027. PAs will have a limited WOC assignment period but will not expire until the later of: a) the end of the WOC Assignment Period, including any extensions, or b) when all WOCs assigned under the PA are completed, have expired, or have been terminated in accordance with their terms.

WOC Assignment Period: WOCs may be assigned for an initial period of 3 years from the execution date of the PA. The WOC assignment period may be extended for up to 2 additional years based on Agency’s need, availability of funding, and Consultant’s performance. Any WOCs assigned may be amended (including before and after expiration of the WOC assignment period), within the scope of the assigned WOC, as reasonably necessary to complete the needed Services or subsequent phases of phased development WOCs. A WOC is considered assigned when Agency has issued notice of WOC assignment to the selected firm. All WOC assignments are tentative until negotiations are successfully completed, all required signatures have been obtained on the WOC, and ODOT has issued a Notice to Proceed to Consultant.

Performance Evaluation: Agency intends to conduct performance evaluations on each assigned WOC and may conduct evaluations on each phase of a WOC (see Attachment A Sample Price Agreement, Exhibit G Performance Evaluation). Poor performance on assigned WOCs may result in withholding of retainage and negatively impact a Consultant’s eligibility for any or all of the following: i) amendments to extend the WOC assignment period if applicable, ii) WOC assignments under this or other PAs and iii) selection under other Agency solicitations. Agency may conduct a separate solicitation near the end of the initial WOC assignment period to replace Consultants that do not receive an extension of the WOC assignment period.

Funding Source(s) for WOCs:

· Federal

· Environmental Protection Agency (“EPA”)

· Federal Highway Administration (“FHWA”)

· Federal Railroad Administration (“FRA”)

· Federal Transit Administration (“FTA”)

· National Highway Traffic Safety Administration (“NHTSA”)

· State

· Other

PA Not-to-Exceed (“NTE”) Amounts:

The individual PAs will not have their own separate NTEs. Instead, the anticipated collective maximum NTE amount for all of the PAs derived from this RFP is estimated to be $100,000,000.00. Agency will use this collective maximum NTE amount for assignment of WOCs under all of the PAs.

Contract Payment: Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with WOC/PA requirements and all applicable standards. The method of compensation will be determined by Agency for each WOC and may be based on any of the following methods (may include more than one method – “Mixed”):

· Cost Plus Fixed-fee, up to a maximum NTE WOC amount;

· Fixed Price for all Services; Fixed Price per Deliverable; Fixed Price per Milestone;

· Time and Materials, up to a maximum NTE WOC amount;

· Price Per Unit.

(For further information see RFP Attachment A, Sample PA, Exhibit B – Compensation.)

Aspirational Targets: For state-funded WOCs that exceed $100,000 (including as may be amended), a Certified Small Business Aspirational Target of 12% will be assigned to ensure that contractors take reasonable steps to provide opportunities to Certified Firms. Refer to Exhibit K of the Sample PA (RFP Attachment A) for further explanation and description of these non-binding Aspirational Targets.

ODOT’s Disadvantaged Business Enterprise (“DBE”) Policy Statement is posted on the Office of Civil Rights DBE page (https://www.oregon.gov/ODOT/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx).

The DBE Policy Statement is incorporated in this RFP with the same force and effect as though fully set forth in this RFP.

DBE Participation Goals:

On October 3, 2025, the U.S. Department of Transportation (“USDOT”) issued an interim final rule (“IFR”) modifying the certification, compliance and reporting requirements of the Disadvantaged Business Enterprise (“DBE”) program (“DBE IFR”). The DBE IFR was published in the Federal Register and took effect on October 3, 2025 [90 Fed Reg 47,969 (2025)]. The DBE IFR requires the eligibility of all DBE-certified firms to be reevaluated on an individualized basis, without reliance on race- or sex-based presumptions of disadvantage. The Oregon Certification Office for Business Inclusion and Diversity (“COBID”) administers the Unified Certification Program (“UCP”) for the State of Oregon and is responsible for performing reevaluations and certifications of businesses that are certified under the DBE program. Pursuant to the DBE IFR, until the reevaluation process is completed, ODOT may not update its overall DBE goal, set any contract DBE goals on federally-funded projects or count any DBE participation toward DBE goals. In accordance with the DBE IFR, ODOT’s DBE requirements that were applicable to federally funded projects prior to the 10/03/2025 effective date of the rule are no longer in effect, and the associated DBE goal, reporting and compliance requirements are hereby suspended. Proposer acknowledges that the DBE goal and contractual requirements may be reinstated or modified for purposes of compliance with federal law as the DBE IFR is implemented. Proposer agrees to efficiently process any contractual modifications ODOT deems necessary or appropriate to effectuate the DBE program resulting from the DBE IFR implementation or future modifications to the DBE Program and corresponding regulations.

See RFP Attachment A, Sample PA:

· Exhibit E for DBE provisions and reporting requirements applicable to WOCs with race conscious DBE goals assigned, and

· Exhibit E.1 for DBE provisions and reporting requirements applicable to Federally funded WOCs with no DBE goal assigned.

1.1.3 PROCUREMENT AUTHORITY AND METHOD; ELECTRONIC SIGNATURES

Procurement Authority. Agency is conducting this RFP according to its authority under ORS 279A.050(3).

Procurement Method. Agency is conducting this RFP in conformance with ORS 279C.110, OAR 731-148-0220 – Formal Selection Procedure and OAR 731-148-0270 – Price Agreements, and OAR 731-146-0150 – Electronic Procurement and Submittals.

MIXED CONTRACTS. In accordance with and as defined in OAR 731-146-0016, Mixed Contracts, Agency has determined that the Transportation Land Use Planning Price Agreements will include some combination of Goods, Services, non A&E Personal Services, Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services or Related Services that is potentially subject to the rules in chapter 731, divisions 147, 148 and 149, which will be classified as a Goods Contract, a Services Contract, a non A&E Personal Services Contract, an Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services Contract, a Related Services Contract, or other kind of Contract according to the predominant purpose of the Contract.

Agency has determined the predominate purpose of this PA is Related Services and Agency will process the PA(s) in accordance with ORS 279C.110 and 731-148-0270. However, this does not preclude WOC assignment methods which include evaluation of items such as cost and cost related factors when allowed by law.

Electronic Signatures. By submitting a Proposal to this RFP, the Proposer (and if selected for award, also as the Consultant) agrees with the Agency that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

1.2 QUESTIONS AND CLARIFICATIONS

1.2.1 PROPOSER QUESTIONS

All inquiries regarding this procurement, whether relating to this RFP process, administration, deadline or award, Scope of Services, potential COI issues, or to the intent or technical aspects of the services must be submitted via email to the Purchaser identified in OregonBuys for this RFP. Failing to follow the foregoing requirements regarding the Single Point of Contact for inquiries may result in Proposal rejection by Agency. All questions must be submitted not later than the Deadline for Proposer Questions set forth in RFP Section 0.3 - Solicitation Schedule.

All answers to questions Agency receives will be posted in OregonBuys to ensure that all Proposers base their Proposals on the same information. Responses to questions provide clarifications and interpretations but do not change RFP requirements. When appropriate, as determined by Agency in its sole discretion, revisions, substitutions, or clarifications of this RFP or attached terms and conditions will be issued as official addenda to this RFP. Changes or modifications to this RFP shall be binding on Agency only if in the form of written addenda published on OregonBuys.

1.2.2 ADDENDA (referred to as “Amendment” in OregonBuys)

Addenda/modifications, if any, to this RFP will be published in OregonBuys as “Amendment”(s). Prospective Proposers are solely responsible for checking OregonBuys to determine whether or not any addenda have been issued. Addenda are incorporated into this RFP by this reference.

1.2.3 QUESTION AND ANSWER DOCUMENT

Question and Answer documents will be posted on OregonBuys to respond to inquiries that Agency determines, in its sole discretion, do not effect changes to this RFP. Question and Answer documents provide clarifications and interpretations but do not change RFP requirements.

Prospective Proposers may submit a written protest of anything contained in this RFP and may request a change to any provision, specification or PA term contained in this RFP. Prospective Proposers must submit protests concerning this RFP and requests for change to any particular provisions, specifications, or PA terms contained in this RFP, to the Purchaser/Single Point of Contact identified in OregonBuys for this RFP. Protests and requests for change must be submitted in writing (via email) no later than the deadline for RFP protests set forth in RFP Section 0.3 Solicitation Schedule. Agency will not consider any protest to this RFP or request for change submitted after this deadline. Each protest and request for change must include the reasons for the protest or request (supported by factual documentation) and any proposed changes to this RFP provisions, specifications or PA terms. Agency will resolve all timely submitted protests in accordance with OAR 731-148-0240(2). Agency will address all timely submitted requests for change within a reasonable time following Agency’s receipt of the request and once addressed, will promptly issue a written decision on the request to the Proposer who submitted the request. The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of addenda to this RFP, unless the addenda specify a different deadline.

1.3.2 SELECTION PROTEST REQUIREMENTS

Following Agency’s evaluation process, every Proposer who submits a Proposal shall be notified by Agency of its selection status. Any Proposer who claims to have been adversely affected or aggrieved by the selection of (the highest ranked/the higher ranked) Proposer(s) must submit a written protest of the selection via email to the Purchaser/Single Point of Contract identified in OregonBuys for this RFP no later than the deadline for selection protests set forth in RFP Section 0.3 Solicitation Schedule. Agency will not consider any protest submitted after this submission deadline. Agency will not consider selection protests based on terms or requirements contained in this RFP – solicitation protests must be submitted during the solicitation protest period described in Section 1.3.1. The protesting Proposer must claim that protesting Proposer is the highest ranked Proposer or is within the class of higher ranked Proposers with whom Agency will negotiate PAs because the Proposals of all higher ranked Proposers failed to meet the requirements of this RFP or because the higher ranked Proposers otherwise are not qualified to perform the Services. Agency will resolve all timely submitted protests in accordance with OAR 731-148-0240(3). Proposers who have been notified that they were not selected may contact the Purchaser/Single Point of Contact (identified in OregonBuys for this RFP) to request copies of the evaluation documentation.

1.3.3 COSTS AND DAMAGES

All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's expense. The State and ODOT shall not be liable for the Proposer's damages or costs for filing the protest or to any participant in the protest, on any basis, express or implied.

1.4 “PASS/FAIL” PROPOSAL SUBMISSION REQUIREMENTS

Proposals must comply with all ”PASS/FAIL” criteria to be considered for further evaluation. Proposals with items in this Section 1.4 marked as “PASS/FAIL” that are incomplete (except for minor informalities), not submitted by Proposal Bid Opening Date and time, or are otherwise not in substantial conformance with the requirements, will be rejected as non-responsive.

1.4.1 PROPOSAL SUBMITTAL DEADLINE (PASS/FAIL)

Agency will not accept Proposals submitted after the Bid Opening Date and time for this RFP specified in OregonBuys.

1.4.2 TERMS AND CONDITIONS (PASS/FAIL)

Unless an official addendum has modified or reserved the right to negotiate any terms and conditions contained in the PA or exhibits thereto, Agency will not negotiate any term or condition after the solicitation protest deadline, except SOW and pricing information with the apparent successful Proposer(s) per Section 2.4. By submitting a Proposal , the apparent successful Proposer(s) agree(s) to be bound by the Oregon Department of Transportation Terms and Conditions as set out in RFP Attachment A – Sample PA, and as they may have been modified or reserved by Agency for negotiation. Any Proposal that is received conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate will be rejected. Any subsequent negotiated changes may be subject to prior approval by the Department of Justice.

Government bodies subject to ORS Chapter 190 do not bid or compete on the same basis as private-sector Proposers, however, Agency will initially review Proposals from government bodies according to the same evaluation criteria described in this RFP. Government bodies submitting a Proposal must comply with all applicable Proposal requirements described in this RFP. In addition to any other Proposer selection, Agency may enter into an ORS Chapter 190 agreement with any government body for the Services. Alternatively, Agency may cancel this RFP if it would be in the public interest, as determined by Agency, and enter into an ORS Chapter 190 agreement with a government body.

1.5 “REQUIRED” PROPOSAL SUBMITTAL ITEMS & SCORING DEDUCTIONS

Notwithstanding the scoring deductions, to be considered responsive, the Proposer must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents.

· Proposals will receive a 2% scoring deduction, based upon the total available points, for each item in Section 2 marked as “REQUIRED” that is incomplete (except for minor informalities). Incomplete items must be completed and submitted within 2 business days of a request by Agency. Incomplete items must be delivered to the Purchaser as identified in the request in order to provide an appropriate time stamp. Failure to complete and deliver incomplete “REQUIRED” items within 2 business days of request by Agency shall result in Proposal rejection. Time limitations will be based upon the time of the request sent by Agency and the time of the e-mail sent in response to Agency request.

· Scoring deductions are on an average score per Proposal basis and not a deduction per evaluator. For example, if a Proposer received an average score of 92 points from the evaluation committee, a 2 percent scoring deduction would result in a Proposal score of 90. (Percentage will be rounded to either the lower number if under .5% or to the higher number if .5% or over.)

1.5.1 PROPOSAL COVER SHEET (REQUIRED)

The Proposal must include a completed Proposal Cover Sheet in the form as set forth in RFP Attachment C, with the “APPROVED” checkbox marked to certify approval by a duly authorized representative empowered to bind the Proposer. Any cover letters submitted in addition to the required Proposal Cover Sheet will not be forwarded to the evaluation committee.

On the Proposal Cover Sheet (or a separate sheet submitted with the Proposal Cover Sheet), identify the sections of the Proposal, if any, Proposer claims to be exempt from disclosure pursuant to Oregon Public Records Law, ORS 192.311 through 192.478. List sections, paragraphs, pages, etc., and the specific ORS citation(s) that Proposer claims provides for exemption of each listed section. (See RFP Section 1.6.)

1.5.2 MINIMUM QUALIFICATIONS [RESERVED]

1.5.3 FORMAT FOR PROPOSAL SUBMITTALS; PAGE LENGTH LIMITATION

a. (REQUIRED) Proposals must use 12-point minimum font size for the substantive text (including text in tables) with the following exceptions which should use an 11-point minimum font size: RFP Attachment C – Proposal Cover Sheet, “Key Staff Resumes” (if required), and COI Disclosure Form (if required). Proposers may use their discretion for the font size of other materials that do not include substantive text (e.g. graphics, picture or graphics captions, and organizational charts).

b. The Proposal and Proposal Submittal Items must be organized in accordance with the list of Scoring Criteria categories in Section 2.2. The Proposal must not exceed the number of pages listed below, excluding any tabs or indexes, and table of contents. If a Proposer submits a Proposal exceeding the maximum number of pages per component, Agency will consider the pages up to the allowable page limit and discard all subsequent pages.

Single combined PDF file

Separate PDF file

11 pages for each discipline

Separate PDF file for each discipline being proposed on

Proposers shall not include responses to any evaluation criteria on Attachment C Proposal Cover Sheet, Subcontractor Solicitation and Utilization Report, or the COI Disclosure Form. Responses given on these forms will not be evaluated.

Hyperlinks to external information included in the General Proposal, Technical Proposal(s), Proposal Cover Sheet (Attachment C), Key Staff Resumes, or Work Samples will not be evaluated or considered.

One (1) Page is defined as: one side of a single 8-1/2" x 11" page that meets the font size requirements stated in subsection “a” above. Any page over this size will be counted as 2 pages. Any page, partial page, tabs, indexes or table of contents with substantive text, tables, graphics, charts, resumes, etc., will be counted as 1 page.

1.5.4 REQUIRED SUBMITTALS VIA OREGONBUYS

Proposer must complete and submit the following items via OregonBuys before the Bid Opening Date and time specified in OregonBuys for this RFP (submittals by any other means will be rejected):

1) (REQUIRED) The Proposal

· (REQUIRED) A single PDF file of the General Proposal (response to evaluation criteria 2.2.1 through 2.2.3.)

· (REQUIRED) A single PDF file of the Technical Proposal (response to evaluation criteria 2.2.5 through 2.2.8 for each discipline Proposer proposes on.)

Example: Firm ABC proposes on the discipline of Transportation System Planning, Public Transportation Planning and Bicycle and Pedestrian Planning. Firm ABC’s Proposal would include the following 4 files:

· General Proposal (response to evaluation criteria 2.2.1 through 2.2.3) (separate PDF file);

· Technical Proposals

· Transportation System Planning discipline specific proposal (response to evaluation criteria 2.2.5 through 2.2.8) (separate PDF file);

· Public Transportation Planning discipline specific proposal (response to evaluation criteria 2.2.5 through 2.2.8) (separate PDF file); and

· Bicycle and Pedestrian Planning discipline specific proposal (response to evaluation criteria 2.2.5 through 2.2.8) (separate PDF file).

To the maximum extent practicable, the General Proposal, Technical Proposal, Attachment C: Proposal Cover Sheet, and all other submittal items must be compressed/optimized so the total size does not exceed 500 megabytes* per attachment.

2) (REQUIRED) Proposal Required Submittal Items

i. (REQUIRED) A PDF file of the completed Proposal Cover Sheet (Attachment C). The Proposal must include a completed Proposal Cover Sheet in the form as set forth in Attachment C, with the “APPROVED” checkbox marked to certify approval by a duly authorized representative empowered to bind the Proposer. Any cover letters submitted in addition to the required Proposal Cover Sheet will not be forwarded to the evaluation committee.

On the Proposal Cover Sheet (or a separate sheet submitted with the Proposal Cover Sheet), identify the sections of the Proposal, if any, Proposer claims to be exempt from disclosure pursuant to Oregon Public Records Law, ORS 192.311 through 192.478. List sections, paragraphs, pages, etc., and the specific ORS citation(s) that Proposer claims provides for exemption of each listed section. (See RFP Section 1.6.).

Proposer must indicate on Attachment C: Proposal Cover Sheet (by checking the appropriate checkbox in the signature certification section) that the Proposer, its subcontractors and all other “Associates” (as that term is defined in the ODOT COI Guidelines) are in compliance with all COI disclosure guidelines, or submit COI Disclosure form(s) if applicable.

The ODOT COI Guidelines and COI Disclosure Form are available at the following link: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx under “Miscellaneous Forms”.

ii. (REQUIRED) A PDF file of a completed Subcontractor Solicitation and Utilization Report (“SSUR”) form available at: https://www.oregon.gov/ODOT/Forms/2ODOT/2721.pdf.)

· Note: A SSUR is required for all solicitations regardless of funding. Proposers need to complete the Utilization column on the Subcontractor Solicitation and Utilization Report to the best of their ability considering the scope of services and the discipline that they are proposing on. Completion of this form is required, even if not utilizing subs, to comply with state policies and federal regulations.

iii. (REQUIRED) COI Disclosure Forms (if any, must be submitted per section this Section).

* How to reduce the size of Word documents that contain images.

* How to reduce a PDF file size.

Per OAR 731-146-0150(4) in the event of a failure of an Electronic Procurement System or electronic mail system that interferes with the ability of Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, ODOT may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System or electronic mail system becomes available.

1.5.5 [RESERVED]

1.5.6 [RESERVED]

1.5.7 EARLY WITHDRAWAL OF PROPOSAL

If Proposer wishes to withdraw or make modifications to a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button, prior to the Bid Opening Date and time for this RFP in compliance with OAR 731-146-0150(3)(c).

1.6 PUBLIC RECORDS

This RFP, and one copy of every Proposal received in response to it, together with copies of all documents pertaining to the award of the PA(s), shall be kept by Agency and made a part of Agency’s records. Proposals shall be open to public inspection in accordance with ORS 279C.107. If a Proposal contains any information that may be considered exempt from disclosure as a trade secret under either ORS 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate on or with the Proposal the portions of its Proposal which Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal in whole as trade secret, confidential or otherwise exempt from disclosure is not acceptable. In such circumstances Agency will require Proposer to submit a memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims to be exempt.

If Proposer fails to identify, on or with the Proposal, the portions of the Proposal Proposer claims are exempt from disclosure and the authority used to substantiate that claim, Proposer is deemed to have waived any later claim of an exemption or request for nondisclosure of that information.

Any Proposer that does not comply with these requirements may have its Proposal rejected.

Application of the Oregon Public Records Law or other applicable law shall determine whether any information is actually exempt from disclosure. Agency will not be held liable for any disclosure of information which Proposer considers to be exempt from disclosure if required by a Public Records Order. Notwithstanding any rights under 17 USC 101 et seq., (the United States Copyright Act), when Agency is required to provide copies of the non-exempt portion of the Proposal pursuant to a Public Records Order, Proposer hereby grants a license to Agency to copy those portions of the Proposal that are subject to disclosure.

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

1.7 NON-DISCRIMINATION

Agency, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

1.8 Generative Artificial Intelligence

As defined by Executive Order 14110: “Generative artificial intelligence (“GenAI”) is the class of AI models that emulate the structure and characteristics of input data to generate derived synthetic content. This can include images, videos, audio, text, and other digital content.”

1.8.1 GenAI Provisions for Price Agreements and Work Order Contracts Agency reserves the right to amend any awarded Price Agreement(s) and any Work Order Contract(s) to add provisions related to acceptable use of GenAI.

1.8.2 GenAI Use Disclosure for Deliverables

Agency, at its discretion, may require an awarded Consultant to disclose how, and to what extent, GenAI was used for the development of a deliverable under a Work Order Contract. The GenAI use disclosure may require disclosure of, but is not limited to, the model name, product owner, product description, identifying specific tasks within a Statement of Work where…