state of oregon cover page - bidnet

RFP DASPS-2234-19 ADA Certified Transit Vehicles and Services

of 25

State of Oregon

COVER PAGE

Department of Administrative Services, Procurement Services

ADA COMPLIANT TRANSIT VEHICLES

Request for Proposal (RFP)

DASPS-2234-19

Date of Issue: May 13, 2019

Closing Date and Time: July 2, 2019 @ 1:00 PM

Single Point of Contact (SPC): Brent Lutz

Address: 1225 Ferry Street

City, State, Zip Salem, OR 97301-4278

Phone (voice) 503-378-4137

E-mail: [email protected]

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

mailto:[email protected]


of 25

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION ........................................................................................................ 4 1.1 INTRODUCTION ................................................................................................................................................................................................... 4 1.2 SCHEDULE ............................................................................................................................................................................................................... 4 1.3 SINGLE POINT OF CONTACT (SPC) .......................................................................................................................................................... 5

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE ............................................................................... 5 2.1 AUTHORITY AND METHOD .......................................................................................................................................................................... 5 2.2 DEFINITION OF TERMS ................................................................................................................................................................................... 5 2.3 OVERVIEW AND PURPOSE ........................................................................................................................................................................... 5 2.4 SCOPE OF WORK/SPECIFICATIONS ........................................................................................................................................................ 8

SECTION 3: PROCUREMENT REQUIREMENTS ........................................................................................ 8 3.1 MINIMUM QUALIFICATIONS ....................................................................................................................................................................... 8 3.2 MINIMUM SUBMISSION REQUIREMENTS ........................................................................................................................................... 9 3.3 PROPOSAL REQUIREMENTS .................................................................................................................................................................... 10

SECTION 4: SOLICITATION PROCESS .......................................................................................................... 13 4.1 PUBLIC NOTICE ................................................................................................................................................................................................. 13 4.2 PRE-PROPOSAL CONFERENCE ................................................................................................................................................................ 13 4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS ......................................................................................................................... 14 4.4 SOLICITATION PROTESTS .......................................................................................................................................................................... 14 4.5 PROPOSAL DELIVERY OPTIONS ............................................................................................................................................................ 15 4.6 PROPOSAL MODIFICATION OR WITHDRAWAL ........................................................................................................................... 15 4.7 PROPOSAL DUE ................................................................................................................................................................................................. 15 4.8 PUBLIC OPENING ............................................................................................................................................................................................. 15 4.9 PROPOSAL REJECTION ................................................................................................................................................................................. 16 4.10 EVALUATION PROCESS ................................................................................................................................................................................ 16 4.11 POINT AND SCORE CALCULATIONS..................................................................................................................................................... 18 4.12 RANKING OF PROPOSERS .......................................................................................................................................................................... 19 4.13 NEXT STEP DETERMINATION ................................................................................................................................................................. 20 4.14 ADDITIONAL ROUNDS .................................................................................................................................................................................. 20 4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS ....................................................................... 20

SECTION 5: AWARD AND NEGOTIATION .................................................................................................. 21 5.1 AWARD NOTIFICATION PROCESS ......................................................................................................................................................... 21 5.2 INTENT TO AWARD PROTEST ................................................................................................................................................................. 21 5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS ............................................................................ 22 5.4 PRICE AGREEMENT NEGOTIATION ..................................................................................................................................................... 23

SECTION 6: ADDITIONAL INFORMATION................................................................................................. 24 6.1 CERTIFIED FIRM PARTICIPATION ........................................................................................................................................................ 24 6.2 GOVERNING LAWS AND REGULATIONS ........................................................................................................................................... 24 6.3 OWNERSHIP/PERMISSION TO USE MATERIALS ......................................................................................................................... 24 6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES. ............................................................................. 25 6.5 COST OF SUBMITTING A PROPOSAL ................................................................................................................................................... 25 6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE ....................................................................................................................... 25 6.7 RECYCLABLE PRODUCTS ............................................................................................................................................................................ 25 6.8 PRINTING, BINDING, AND STATIONERY WORK ........................................................................................................................... 25


of 25

LIST OF ATTACHMENTS

COVER SHEET ATTACHMENT A SAMPLE PRICE AGREEMENT Exhibit A – Goods and Services Exhibit B – Purchase Order Form Exhibit C – VSR and VCAF Instructions Exhibit D – Insurance Requirements

Exhibit E – Specifications Exhibit E-1 – Base Vehicle Specifications E3 and E2 Categories Exhibit E-2 – Base Vehicle Specifications E1 Category Exhibit E-3 – Base Vehicle Specifications D Category Exhibit E-4 – Base Vehicle Specifications C Category Exhibit E-5 – Base Vehicle Specifications B Category Exhibit E-6 – Base Vehicle Specifications A Category Exhibit F – Fair Opportunity Outline Exhibit F-1 – Request for Quote Form Exhibit G – Federal Transit Authority Provisions Exhibit G-1 – Certification and Restrictions on Lobbying Exhibit G-2 – Government-wide Debarment and Suspension

Exhibit G-3 – Bus Testing Certification Exhibit G-4 – Pre-award FMVSS and Buy America Exhibit G-5 – Transit Vehicle Manufacturer (TVM) Certification DBE ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET ATTACHMENT D REFERENCE CHECK FORM ATTACHMENT E - PRICE PROPOSAL FORMS

Attachment E-1 - Category E3, Subcategory Side Lift Attachment E-2 Category E3, Subcategory Rear Lift Attachment E-3 Category E2, Subcategory Side Lift Attachment E-4 Category E2, Subcategory Rear Lift Attachment E-5 Category E1, Subcategory Mid Floor Short Body Attachment E-6 Category E1, Subcategory Low Floor Attachment E-7 Category E1, Subcategory High Floor Attachment E-8 Category D, Subcategory Low Floor Attachment E-9 Category D, Subcategory High Floor Attachment E-10 Category C, Subcategory Low Floor Attachment E-11 Category C, Subcategory High Floor Attachment E-12 Category B, Subcategory Low Floor Attachment E-13 Category B, Subcategory High Floor Attachment E-14 Category A, Subcategory 35ft Heavy Duty, Low Floor Attachment E-15 Category A, Subcategory 35ft Heavy Duty, High Floor Attachment E-16 Category A, Subcategory 40ft Heavy Duty, High Floor Attachment E-17 Category A, Subcategory 40ft Heavy Duty, Low Floor Attachment E-18 Category A, Subcategory 45ft Heavy Duty, Low Floor Attachment E-19 Category A, Subcategory 45ft Heavy Duty, High Floor Attachment E-20 Category Remanufactured, Subcategory Heavy Duty Attachment E-21 Category Services, Subcategory Fuel conversion technology – conversion to electric

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN ATTACHMENT G RESPONSIBILITY INQUIRY


of 25

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Department of Administrative Services, Procurement Services, (“DAS PS” or “ Agency”) issues this Request for Proposals (“RFP”) to establish one or more Price Agreements with qualified contractors to provide specially equipped transit vehicles, compliant with the Americans with Disabilities Act (“ADA Vehicles”), and related services as described in this RFP.

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

In an effort to provide a benefit to multiple Authorized Purchasers, the Agency anticipates the award of multiple Price Agreements from this RFP. Refer to Section 5.4.2 of this RFP for Contractor selection methodology. DASPS intends to award up to three (3) price agreements in each Subcategory.

The initial term of each Price Agreement is anticipated to be two (2) years with options to renew annually up to a cumulative maximum of five (5) years. Authorized Purchasers may issue purchase orders pursuant to this Price Agreement upon the effective date through termination of the Price Agreement.

Any purchases under the Price Agreement(s) must be authorized by purchase orders issued by Authorized Purchasers in accordance with the ordering procedures described in the Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

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

Pre-Proposal Conference May 22, 2019 1:30 PM

Questions / Requests for Clarification Due June 7, 2019 5:00 PM

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

June 13, 2019

RFP Protest Period Ends

7 calendar days prior to RFP Closing

Closing (Proposal Due) See RFP cover page

Opening of Proposal July 2, 2019 3:00 PM

Issuance of Notice of Intent to Award (approx.) August 8, 2019

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


of 25

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 as defined below.

Additional definitions are located in Attachment A.

2.3 OVERVIEW AND PURPOSE

2.3.1 Project Overview and Background

The Fixing America’s Surface Transportation Act (“FAST”), supports funding to improve transit mobility along with improved environmental, and energy objectives on public transit systems. The FAST Act allows states to apply for project-specific funding to help replace current systems, some of which are old and in need of upgrading, expanding service areas, increase service frequency, and improve efficiency to serve these demands and to additionally deploy low or no emission transit vehicles. It is necessary to adapt appropriate new technologies from other industries, and to introduce innovations into the transit industry. State of Oregon Executive Order No. 17-21 also outlines Oregon’s dedication to reducing greenhouse gas emissions throughout the state. Therefore, along with seeking proposals for gas and diesel transit vehicles, the Agency is also seeking bids for low to no emission transit vehicles, including but not limited to Battery Electric Vehicles (“BEV”), Hybrid Electric Vehicles (“HEV”), Plug-in Electric Vehicles (“PEV”), Plug-in Hybrid Electric Vehicles (“PHEV”), Extended-Range Electric Vehicles, Fuel-Cell Electric Vehicles and Compressed Natural Gas (“CNG”). Along with new transit vehicles the Agency is also seeking proposals for electric bus conversion technology, bus remanufacturing and transit vehicle replacement parts.

2.3.2 Purpose

The purpose of this RFP is to establish multiple price agreements which Authorized Purchasers may use, for the purchase of ADA compliant transit vehicles. Due to the various needs for ADA compliant transit vehicles, a “catalog” approach will be used in order to offer Authorized Purchasers multiple options of goods and services. This catalog approach will list each contractor’s goods and services in a master index of all ADA vehicles and all goods and services, which will act as a single starting point for Authorized Purchasers. Potential providers (including authorized dealers, installers, and


of 25

manufacturers) may propose to provide any combination of goods and services, or on individual components, such as installation services, only.

DAS PS intends to award price agreement(s) in the following Subcategories;

Category E3, Subcategory Side Lift – Minivan (Up to 8,000 GVWR)

Category E3, Subcategory Rear Lift – Minivan (Up to 8,000 GVWR)

Category E2, Subcategory Side Lift – Minivan (8,001 - 11,000 GVWR)

Category E2, Subcategory Rear Lift – Minivan (8,001 - 11,000 GVWR)

Category E1, Subcategory Mid Floor Short Body – Small Light Duty (8,001 – 11,000 GVWR)

Category E1, Subcategory Low Floor – Small Light Duty (8,001 – 11,000 GVWR)

Category E1, Subcategory High Floor – Small Light Duty (8,001 – 11,000 GVWR)

Category D, Subcategory Low Floor – Medium Light Duty (11,000 - 16,000 GVWR)

Category D, Subcategory High Floor – Medium Light Duty (11,000 - 16,000 GVWR)

Category C, Subcategory Low Floor – Medium Size, Medium Duty (17,000 - 26,000 GVWR)

Category C, Subcategory High Floor – Medium Size, Medium Duty (17,000 - 26,000 GVWR)

Category B, Subcategory Low Floor – Medium Size, Heavy Duty (26,001 - 33,000 GVWR)

Category B, Subcategory High Floor – Medium Size, Heavy Duty (26,001 - 33,000 GVWR)

Category A, Subcategory 35ft Heavy Duty, Low Floor (33,001 and up GVWR)

Category A, Subcategory 35ft Heavy Duty, High Floor (33,001 and up GVWR)





Category Remanufactured, Subcategory Heavy Duty

Category Services, Subcategory Fuel conversion technology – conversion to electric

In an effort to offer Authorized Purchasers the most advanced equipment, options, technology, and services, discontinued goods and services may be subtracted and additional goods and services within the RFP scope may be added throughout awarded price agreement term.

Price Agreements awarded from this RFP will be available for use by state agencies of Oregon, Oregon Cooperative Procurement Program (“ORCPP”) and State of Washington authorized parties to the Master Contracts Usage Agreement (MCUA). Upon execution of a cooperative interstate agreement, with the State of Oregon, the State of Idaho and the State of Alaska, may also be authorized to use resulting price agreements. Approved agencies within the State of Idaho and Alaska will be defined in the cooperative agreement. Collectively all approved users are defined as (“Authorized Purchasers”).

2.3.3 Estimated Usage

It is estimated that purchases over the total initial two (2) year term of the price agreement will approximate $125 million. It is projected that this will consist of minivans, vans, light duty, medium duty and heavy duty transit buses in various configurations. The Agency does not guarantee any minimum purchase. Orders will be placed on an as-needed basis, Proposers understand estimated quantities are informational and not to be construed as a guarantee to purchase any amount.

Estimated usage over the total term, including extensions, is estimated to be $300 million.


of 25

2.3.4 Federal Provisions

Federal funds may be utilized to purchase goods and services from resulting price agreement(s). Proposer(s) are required to accept federal provisions set forth in Attachment A, Exhibit G. Proposer shall complete and submit with proposal all federal certifications found in the following Exhibits; G-1 (Certifications and Restriction on Lobbying), G-2 (Government-Wide Debarment and Suspension), G-3 (Certificate of Compliance with Bus Testing Requirement), G-4 (PreAward FMVSS and Buy America Certification) and G-5 (Transit Vehicle Manufacturer (TVM) Certification (DBE)).

2.3.4.1 Lobbying restrictions

This procurement is subject to Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995.

2.3.4.2 Government-Wide Debarment And Suspension

This procurement is subject to federal Government-Wide Debarment. An award at any tier for a federally required audit (irrespective of the contract amount) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. part 180. The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

2.3.4.3 Bus Testing Requirement

This procurement is subject to the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed.

2.3.4.4 Federal Motor Vehicle Safety Standard (FMVSS)

All equipment must meet applicable Federal Motor Vehicle Safety Standards (FMVSS) at the time of delivery.

2.3.4.5 Buy America

This procurement is subject to federal Buy America requirements 49 U.S.C. § 5323(j); 49 C.F.R. part 661. For any FTA assisted project, the steel, iron, and manufactured products acquired for use must be produced in the United States, unless FTA has granted a waiver.

2.3.4.6 Disadvantaged Business Enterprise (DBE)

This procurement is subject to federal regulations that seek to increase the amount of goods or services that are purchased from certain small businesses, using state and federal financial aids. DBE’s as defined in Title 49, Code of Federal Regulations, Part 23 (49 C.F.R. 26) shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this program. Consequently, the DBE requirements of 49 C.F.R. 26 will apply to this procurement.


of 25

The DBE certification may be made either by the manufacturer itself or by its distributor or dealer. Use the appropriate certificate.

Certifications covering each separate manufacturer of vehicles offered in a Proposal must be submitted. If there are three different manufacturers of vehicles, three certifications must be submitted.

2.4 SCOPE OF WORK/SPECIFICATIONS

2.4.1. Goods Requirements:

All Goods shall meet or exceed FMVSS specifications and ADA Guidelines for Over-the-Road Bus Companies. All completed Goods must include an affixed sticker certifying compliance in accordance with FMVSS rules to all ADA vans and buses. All accessible vehicles sought in this procurement and all items specified under this part shall at a minimum meet requirements of C.F.R. PART 38 AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITIES SPECIFICATIONS FOR TRANSPORTATION VEHICLES; SUBPART B, except where these specifications exceed ADA minimums.

All Goods if applicable will comply with current ADA Guidelines for Over-the-Road Bus Companies. These requirements can be found at:

http://www.fmcsa.dot.gov/rules-regulations/bus/company/ada-guidelines.htm

Bus Testing: As required, all Goods must follow testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed.

Remanufactured buses must be remanufactured on Proposer-provided chassis; and shall include all

necessary structural, mechanical and electrical rebuilding. All remanufactured Goods must meet all ADA

guidelines, FMVSS, SAE and FTA requirements as defined in this RFP. All remanufactured Goods must also

meet Original Equipment Manufacturers parts and specifications.

2.4.2. Services:

Fuel Conversion: Provide complete fuel conversion services of Authorized Purchaser’s current bus from existing fuel power to alternative fuel options such as electric power. The conversion must comprise of all services and parts involved in replacing a vehicle’s propulsion system with a propulsion system of a different type (specifically, replacing a diesel engine with an electric battery propulsion system).

ADDITIONAL SPECIFICATION REQUIREMENTS FOR BASE VEHICLES CAN BE FOUND IN ATTACHMENT A, EXHIBIT E and EXHIBIT E-1 through E-6.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (OPTIONAL)

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

http://www.fmcsa.dot.gov/rules-regulations/bus/company/ada-guidelines.htm


of 25

Eligible Transit Vehicle Manufacturer: DASPS will only accept Proposals submitting vehicles manufactured by Manufactures on FTA Eligible Transit Vehicle Manufacture list. These Manufacturers have submitted and FTA has approved DBE goals. The list can be found at the following website: https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers

Warranty Repair Facility: Proposer shall have a warranty repair facility within the State of Oregon.

Licensing requirements: As required, each Proposer shall have the ability to provide a CDL licensed driver perform delivery services.

Licensing/Registration requirements Proposer shall be licensed to sell the vehicles, as they will be titled in the State of Oregon, in order to submit a Proposal.

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 below):

Cover Sheet – submit one (1) hard copy original, one (1) electronic copy identified for DAS PS and five (5) electronic copies identified for evaluators.

Disclosure Exemption Affidavit (Attachment B) – submit one (1) hard copy original and one (1) electronic copy identified for DAS PS.

Proposer Information and Certification Sheet (Attachment C) – submit one (1) hard copy original and one (1) electronic copy identified for DAS PS.

Reference Check Form (Attachment D) – submit one (1) hard copy original, one (1) electronic copy identified for DAS PS.

Price Proposal Form (Attachment E) – submit one (1) hard copy original, one (1) electronic copy identified for DAS PS.

COBID Certification / Outreach Plan (Attachment F) – submit one (1) hard copy original, one (1) electronic copy identified for DAS PS.

Responsibility Inquiry (Attachment G) – submit one (1) hard copy original, one (1) electronic copy identified for DAS PS.

Attachment A, Exhibit G-1, G-2 and G-5 – submit one (1) hard copy original, one (1) electronic copy identified for DAS PS.

Technical Evaluation Criteria – submit one (1) electronic copy identified for DAS PS and five (5) electronic copies identified for Evaluators. Technical Evaluation Criteria is described in Section 4.10.2.

3.2.2 Proposal Page Limits

There is no Proposal page limit set for this RFP

3.2.3 Proposal Format and Quantity

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

https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers

https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers


of 25

addressed. Price information must be submitted as a separate electronic file/sealed envelope.

Proposer shall submit original and copies as referenced in Section 3.2.1. The total combined size of the Proposal and Coversheet should be compressed.

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the RFP number clearly visible on the outside of the package.

Proposer’s electronic copy of the Proposal must be formatted using Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx) unless otherwise noted in this RFP.

3.2.4 Authorized Representative

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

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 Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

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

Provide three (3) references from current or former client firms for similar projects performed for any clients within the last two (2) 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


of 25

qualifications. Prior to award, Agency may require Proposer to provide additional references.

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

3.3.2.1 Organizational Capacity

Proposals must briefly describe Proposer’s experience and capacity, including but not limited to those of Proposer’s employees, to begin and continue to perform the Scope of Work described in Section 2.4 this RFP, including but not limited to:

Proposers experience in design and build of ADA compliant transit vehicles. If not a manufacturer, provide a list of manufacturers along with a statement of experience for each manufacturer Proposer uses.

Experience of Proposer’s employees or subcontractors who will be assigned to the Contract. Explain designated areas of responsibility or expertise employees and subcontractors each have.

Customer Service. Describe the proposed customer service program (staffing, training, response time, toll-free numbers etc.). Also, describe the communication plan used to keep Authorized Purchasers updated throughout build process including how any specification changes, delivery delays are processed and inspections are processed. Include list of contacts and identify specific area of service each contact will provide.

3.3.2.2 Market Basket (Catalog of proposed goods and services)

In order to offer Authorized Purchasers a variety of goods and services, Proposer may propose to provide any combination of goods and services, or on individual components (such as services only).

For Categories E-3 through A, Proposers must submit the following for each vehicle proposed;

a. Completed Exhibit A; Base Prices must include labor, materials, tools, all equipment and all other costs necessary to manufacture an operating transit vehicle meeting base specifications outlined in Attachment A, Exhibit E and E-1 through E-6.

b. A standard equipment specifications sheet; c. As required, a completed and signed Exhibit G-3, Certificate of Compliance

with Bus Testing and an electronic copy of bus test results; d. Exhibit G-4, Pre-award FMVSS and Buy America certification e. For each Subcategory Proposed, provide an electronic comprehensive

catalog of options, including, if available, manufacturer list price and discount percentage off of list price. If list price discount is not available then Agreement pricing shall be provided. Electronic catalog requires ability to be updated throughout the Price Agreement term; and

f. For each Subcategory Proposed, provide an electronic catalog of spare parts, including, if available, manufacturer list price and discount percentage off of list price. Discount percentage must be included in Attachment A, Exhibit A. Electronic catalog requires ability to be updated throughout the Price Agreement term. If list price discount is not available then Agreement pricing shall be provided.


of 25

Electronic catalogs may be in the form of a web page link, Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

Economic Order Quantities. Provide information on proposed economic order quantities, including “market basket” purchases. Proposers who believe that acquisitions in different quantities would be more advantageous to an Authorized Purchaser are invited to recommend an economic purchase quantity.

For Category, Remanufactured. Proposers must submit a detailed process outline that describes the complete remanufacturing process for a Proposer supplied chassis, including timelines and how the remanufactured bus conforms to FTA requirements. Remanufactured bus costs shall be included on Attachment E-20, Cost Proposal Form. Remanufactured vehicles must have the ability to meet all ADA, FMVSS and FTA requirements.

For Categories, Services, Proposers must submit a fuel conversion Services outline. Proposers should describe in detail, the provided service including process overview including timelines, how the service conforms to all federal requirements. Cost for Service shall be included on Attachment E-21, Cost Proposal form.

3.3.2.3 Federal Transit Authority Requirements

Authorized Purchasers may use federal grant funds to purchase Goods and/or Services. Proposal must describe Proposer’s understanding of Federal Transit Administration (FTA) guidelines and requirements for transit vehicles. Proposal should outline how proposed Goods and/or Services will support compliance with FTA requirements.

3.3.2.4 Warranty and Repair

Provide complete warranty information for all proposed goods, including available extended warranty options. Outline warranty provided with base vehicle and how warranty meets required Federal guidelines. Conditions that void warranty, repair procedures and repair timelines. Outline any extended warranties and include pricing for any additional warranties not included with base vehicle. Provide list of warranty repair facilities located in Oregon. Outline any mobile warranty repair options, such as does Proposer provide pick up services or offer on-site repair for minor repairs. Also provide cost outline for any additional warranty services.

3.3.2.5 Training Plan and Training Cost

Proposals shall describe a training plan outline that includes but is not limited to operation and maintenance of equipment. Training plan should include information such as the different training available, class summaries, a sample class syllabus, what training aids are included, are student manuals available, equipment required to be provided by Authorized Purchasers and type of instruction (such as live class room, web based, video etc.). Proposal shall include a detailed cost breakdown for proposed training plans. The training cost will be considered as part of training plan and training cost evaluation.


of 25

3.3.3 Price Proposal

The goods and services quoted on Attachment E, Price Proposal shall include all items of labor, materials, tools, equipment, and other costs necessary to fully complete the manufacture and delivery of the goods and services proposed. It is the intention of the scope to require a complete vehicle of the type prescribed, ready for operation. Any item omitted from the specifications that is clearly necessary for the completion and operation of such equipment and its components shall be considered a portion of such equipment although not directly specified or called for in these specifications. Proposers are required to submit a price proposal for each subcategory Proposer is responding to. The price proposal will be based on scope of services and base vehicle specifications provided in Section 2.4 and Attachment A, Exhibit E. Each Price Proposal shall include signed federal certifications; Bus Testing (Attachment A, Exhibit G-3) and PreAward Certification for Procurement of Rolling Stock (Attachment A, Exhibit G-4) along with a detailed price sheet that outlines all costs associated with each Price Proposal submitted.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the Oregon Procurement Information Network (ORPIN) at https://orpin.oregon.gov. RFP documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Addenda published in ORPIN. Prospective Proposer is solely responsible for checking ORPIN to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

Provide additional description of the project; Explain the RFP process; and Answer any questions Proposers may have related to the project or the process.

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

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

In Person address: 1225 Ferry St SE, Salem OR 97301 – Room Mt. Mazama

Call in line:

USA Toll-Free:

888-557-8511

USA Caller Paid/International Toll:

215-446-3649

ACCESS CODE:

4659387

https://orpin.oregon.gov/


of 25

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 or hard copy; 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.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

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

4.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by 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:

Be delivered to the SPC via email or hard copy; Reference the RFP number; Identify prospective Proposer’s name and contact information; Be sent by an authorized representative; State the reason for the protest, including:

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

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

State the proposed changes to the RFP provisions or other relief sought; Protests to the RFP must be received by the due date and time identified in the Schedule; and Protests to Addenda must be received by the due date identified in the respective Addendum.


of 25

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 Closing. 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 Mail or Parcel Carrier

A Proposal may be submitted through the mail or via parcel carrier, and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s name and the RFP number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

Delivery in Person

A Proposal may be hand delivered, and must be clearly labeled and submitted in a sealed envelope, package or box. A Proposal will be accepted, prior to Closing, during Agency’s normal Monday – Friday business hours of 8:00 a.m. to 5 p.m. Pacific Time, except during State of Oregon holidays and other times when Agency is closed. The outside of the sealed submission must clearly identify the Proposer’s name and the RFP number. It must be delivered to the attention of the SPC at the address listed on the Cover Page.

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 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 or destroyed.

4.8 PUBLIC OPENING

There will be a Public Opening of Proposals at the time and date defined in Section 1.2, Schedule. Attendance is voluntary, only the Proposers and the date and time Proposal was received by DAS PS will read at the Opening. 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. However, DAS PS will also record and make available the identity of all Proposers after Opening.


of 25

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 those the SPC authorizes, 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 Addenda.

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 Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.10.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. 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 Technical 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


of 25

information not included in the original Proposal.

Each Technical Criteria will be evaluated and scored based on the following scale.

4.10.2.1 Organizational Capacity (Section 3.3.2.1)

Proposals will be evaluated and scored based on the Proposer’s description of experience and capacity to perform the Scope of Work described in this RFP. Evaluators will consider years of experience, expertise, and customer service availability including how/when communication is provided Authorized Purchasers.

4.10.2.2 Market Basket (Catalog of proposed goods and services) (Section 3.3.2.2)

Proposals will be evaluated and scored based on breadth of Market Basket for certified vehicles meeting RFP requirements; including but not limited to the amount of available vehicles, what fuel options are available, parts availability, options for each vehicle and MSRP discounts within each Subcategory. Federal Transit Authority Requirements (Section 3.3.2.3)

4.10.2.3 Proposals will be evaluated and scored based on Proposer’s ability to comply with FTA requirements, including how well Proposer demonstrated understanding of FTA requirements, process and experience providing Goods/Services that comply with FTA requirements. Warranty and Repair (Section 3.3.2.4)

Proposals will be evaluated and scored based Proposer’s description of available extended warranty options, available repair facilities located in Oregon, and other available options such as mobile repair, pick up and drop off services and onsite repair option. The standard warranty will be evaluated based on compliance with FTA

SCORE EXPLANATION

10

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.

6 – 9 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.

5 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.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0 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.


of 25

requirements, repair procedures, repair timelines and what conditions void warranties.

4.10.2.4 Training Plan and Training Cost (Section 3.3.2.5)

Proposals will be evaluated and scored based on Proposers description of training plan, the types of training is available, training costs, the types of training aids used, and the availability of manuals.

4.10.3 PRICE EVALUATION

A price score will be given for each Subcategory proposed. If Proposer is responding to multiple Subcategories, a separate total price score will be given for each Subcategory.

DASPS will assign a price score to each proposed Subcategory using this formula:

(L/X) times A = B

Where:

L= Lowest Price Proposed X= Proposer’s Price A= Available Price Proposal Points B= Awarded Price Score

4.10.4 PREFERENCES

4.10.4.1 Recycled Materials

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.

4.10.4.2 Tiebreakers

DASPS intends to award up to three (3) price agreements in each Subcategory. In the case of a tie for third in total points, DAS PS has the right to award additional price agreements to Proposers who are included in a tie for third place in total points.

4.11 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator per Section 4.10.2.

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

TOTAL POINTS POSSIBLE Per Subcategory: 360

EVALUATION DESCRIPTION POINTS POSSIBLE

4.10.2.1 Organizational Capacity 100

4.10.2.3 Market Basket (Catalog of proposed goods and services)

75


of 25

Evaluators will provide one score for evaluation criteria 4.10.2.1 through 4.10.2.6 (the “Technical Evaluation Criteria”) for the entire Proposal. The SPC will average all scores for the Technical Evaluation Criteria. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc.

EXAMPLE:

Proposer A receives scores of 10, 9, and 8 for criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9 and uses 90% as a multiplier to the possible points of 50. 50 multiplied by 90% is 45. Proposer A’s points for the criterion is 45.

Price Points are calculated for each Subcateory as stated in the Price Evaluation section.

The total price points for each Subcategory will be added to the total Technical Evaluation Criteria

scores to determine a total score for each Subcategory. For example, Vendor A scores 250 Technical

Evaluation Criteria (TEC) pts for its proposal and 100 pts Price Evaluation (PE) for Category E-2,

Subcategory side lift, and 125 pts Price Evaluation for Category C, Subcategory Low Floor price

evaluation. Vendor A’s total score for Category E-2, Subcategory side lift is 330 (250 TEC + 80 PE) pts

and total points for Category C, Subcategory Low Floor equals 350 (250 TEC + 100PE) pts.

Total pts for each Subcategory will be used to determine highest ranking Proposer for each Subcategory.

4.12 RANKING OF PROPOSERS

Proposers will be ranked per Subcategory proposed. Proposers will be given one (1) score for Technical Evaluation Criteria evaluation and a separate Price Evaluation score for each, Subcategory proposed. The SPC will add the Technical Evaluation Criteria scores for each Proposal to the Price Evaluation score in a given Subcategory to determine total Subcategory points received.

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

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

4.10.2.4 Federal Transit Authority Requirements 25

4.10.2.5 Warranty 25

4.10.2.6 Training Cost and Plan 25

4.10.3 PRICE POINTS POSSIBLE 110


of 25

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

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 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 ADDITIONAL ROUNDS

If Additional rounds are conducted, Agency will post a notice in ORPIN of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the rounds 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.


of 25

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Price Agreement(s), shall award a Price Agreement(s) 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 Scope defined in this RFP.

Agency intends to award three (3) Price Agreements in each of the Subcategories. Within each Subcategory, the Agency will only allow a manufacturer line to be represented once. If the two highest ranking proposals are representing the XYZ Manufacturing line, only the highest ranking responsive and responsible Proposer will be given an award for that manufacturing line. The Agency will not award XYZ Manufacturing line to the second ranking Proposer. Instead, the Agency will move on to the next ranked Proposer representing a different manufacturing line, even though it may rank lower to the second XYZ represented Proposal. This is to ensure access to as many different manufacturers.

In order to obtain Price Agreement(s) for all fuel types, Agency, at its sole discretion, may award more than three (3) price agreements in any given Subcategory. (For example, the three (3) top ranking Proposers in Category A, Subcategory 35ft. Low Floor, do not provide an option for battery electric, the Agency may make additional award(s) to Proposers who offer a battery electric option).

If awarded a Price Agreement, Proposers will have the ability to include, upon all certifications and requirements met, all catalog vehicles, options and parts within the category awarded.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Price Agreement 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 Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

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

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, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and award.


of 25

5.2.1.1 Protests must:

Be delivered to the SPC via email, facsimile or hard copy Reference the RFP number Identify 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

Proposer(s) who are selected for a Price Agreement award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer 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

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 Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Price Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Price Agreement.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement under this RFP, Proposer must

http://sos.oregon.gov/business/pages/register.aspx

https://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf


of 25

certify by their Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.6 Pay Equity Compliance

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Price Agreement and a failure to comply constitutes a breach that entitles Agency to terminate this Price Agreement for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer(s), Agency may enter into Price Agreement negotiations with the successful Proposer (s). By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Price Agreement and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).

It may be possible to negotiate some provisions of the final Price Agreement; however, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposal.

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

Agency is willing to negotiate all items, except those listed below:


of 25

Choice of law Choice of venue Constitutional requirements Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within ten (10) calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

5.4.2 Contractor Selection Methodology

In the event multiple Price Agreements are awarded, Authorized Purchaser(s) will provide each contractor a fair opportunity. Each order will be determined using a best value analysis that includes cost as a considerable factor. Authorized Purchaser(s) will document the best value analysis used for each order.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

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

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

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz


of 25

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Price Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

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

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website https://www.oregon.gov/DAS/Surplus/Pages/E-waste.aspx and use the search bar feature to locate the procedure.

6.7 RECYCLABLE PRODUCTS

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

6.8 PRINTING, BINDING, AND STATIONERY WORK

Except as provided in ORS 282.210(2), all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the State or any county, city, town, port district, school district, or other political subdivision, must be performed within the State.

https://www.oregon.gov/DAS/Surplus/Pages/E-waste.aspx