Or. Admin. R. 731-148-0220 - Formal Selection Procedure
(1) ODOT may use the formal selection
procedure described in this rule to obtain a Contract regardless of Estimated
Fee of the Contract, but ODOT must use this rule to obtain a Contract if the
Estimated Fee of the Contract exceeds $250,000 and the services cannot be
obtained under OAR 731-148-0200 (Direct Appointment Procedure) or OAR
731-148-0205 (Small Purchase Procedure).
(2) ODOT shall obtain Contracts using the
formal selection procedure through public advertisement of RFPs.
(a) ODOT shall publish each RFP by one or
more of the electronic methods identified in OAR 731-146-0150(1).
(A) ODOT shall publish the advertisement
within a reasonable time before the deadline for the Proposal submission or
response to the RFP.
(B) ODOT shall
include a brief description of the following items in the advertisement:
(i) The Project (s) or the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services ODOT seeks;
(ii) How and where Consultants may obtain a
copy of the RFP; and
(iii) The
deadline for submitting a Proposal or response to the RFP.
(b) In the alternative
to advertising using one or more electronic methods in subsection (2)(a) of
this rule, ODOT may advertise the RFP in at least one newspaper of general
circulation in the area where the Project is located and in as many other
issues and publications as may be necessary or desirable to achieve adequate
competition. Other issues and publications may include, but are not limited to,
local newspapers, trade journals, and publications targeted to reach DBE, SDVB,
MBE, WBE and ESB audiences.
(c)
ODOT may send notice of the RFP directly to Consultants on ODOT 's list of
Consultants that is created and maintained under OAR 731-148-0215 (Request for
Qualifications).
(3)
Formal Selection of Consultants through Request for Proposals. ODOT shall use
the procedure described in section (3) of this rule when issuing an RFP for a
Contract described in section (1) of this rule.
(a) RFP Required Contents. An RFP processed
under this rule must include:
(A) General
background information, including a description of the Project and the specific
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services sought for the Project , the
estimated Project cost, the estimated time period during which the Project is
to be completed, and the estimated time period in which the specific
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services sought will be performed;
(B) The RFP evaluation process and the
criteria which will be used to select the most qualified Proposer, including
the weights, points or other classifications applicable to each criterion. If
ODOT does not indicate the applicable number of points, weights or other
classifications, then each criterion is of equal value. Evaluation criteria may
include, but are not limited to, the following:
(i) Proposers' availability and capability to
perform the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services described in the
RFP;
(ii) Experience of Proposers'
key staff persons in providing similar Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or
Related Services on comparable projects;
(iii) The amount and type of resources, and
number of experienced staff persons Proposers have committed to perform the
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services described in the RFP;
(iv) The recent, current and projected
workloads of the staff and resources referenced in section (3)(a)(B)(iii),
above;
(v) The proportion of time
Proposers estimate that the staff referenced in section (3)(a)(B)(iii), above,
would spend on the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services
described in the RFP;
(vi)
Proposers' demonstrated ability to complete successfully similar Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services on time and within budget, including whether or
not there is a record of satisfactory performance;
(vii) References and recommendations from
past clients;
(viii) Proposers'
performance history in meeting deadlines, submitting accurate estimates,
producing high quality work, meeting financial obligations, price and cost data
from previous projects, cost controls and contract administration;
(ix) Status and quality of any required
license or certification;
(x)
Proposers' knowledge and understanding of the Project and Architectural,
Engineering and Land Surveying Services or Related Services described in the
RFP as shown in Proposers' approaches to staffing and scheduling needs for the
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services and proposed solutions to any
perceived design and constructability issues;
(xi) Results from interviews, if
conducted;
(xii) Design philosophy,
if applicable, and approach to the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
described in the RFP;
(xiii) If
ODOT is selecting a Consultant to provide Related Services, pricing policies
and pricing Proposals or other pricing information, including the number of
hours proposed for the services required, expenses, hourly rates and overhead;
and
(xiv) Any other criteria that
ODOT deems relevant to the Project and the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
Related Services described in the RFP, including, where the nature and budget
of the Project so warrant, a design competition between competing Proposers.
Provided, however, these additional criteria cannot include pricing policies,
pricing Proposals or other pricing information, including the number of hours
proposed for the services required, expenses, hourly rates and overhead, when
the sole purpose or predominant purpose of the RFP is to obtain Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services.
(C) Conditions
or limitations, if any, that may constrain or prohibit the selected
Consultant 's ability to provide additional services related to the Project,
including but not limited to construction services;
(D) Whether interviews are possible and if
so, the weight, points or other classifications applicable to the potential
interview;
(E) The date and time
Proposals are due, and the delivery location for Proposals;
(F) Reservation of the right to seek
clarifications of each Proposal;
(G) Reservation of the right to negotiate a
final Contract that is in the best interest of ODOT ;
(H) Reservation of the right to reject any or
all Proposals and reservation of the right to cancel the RFP at any time if
doing either would be in the public interest as determined by ODOT ;
(I) A Statement that Proposers responding to
the RFP do so solely at their expense, and ODOT is not responsible for any
Proposer expenses associated with the RFP;
(J) A statement directing Proposers to the
protest procedures set forth in these Division 148 rules;
(K) Special Contract requirements, including
but not limited to DBE, MBE, WBE, ESB and SDVB participation goals or good
faith efforts with respect to DBE, MBE, WBE, ESB and SDVB participation, and
federal requirements when federal funds are involved;
(L) A statement whether or not ODOT will hold
a pre-Proposal meeting for all interested Consultants to discuss the Project
and the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services described in the RFP
and if a pre-Proposal meeting will be held, the location of the meeting and
whether or not attendance is mandatory;
(M) A request for any information ODOT deems
reasonably necessary to permit ODOT to evaluate , rank and select the most
qualified Proposer to perform the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
described in the RFP; and
(N) A
sample form of the Contract.
(b) RFP Contents for Related Services
Selections Based on Price Only. ODOT shall include at least the following in
each RFP, whether or not the RFP is preceded by an RFQ, when the formal
selection procedure is for Related Services selected on the basis of price
Proposals and other pricing information only:
(A) General background information, including
a description of the Project and the specific Related Services sought for the
Project , the estimated Project cost, the estimated time period during which the
Project is to be completed, and the estimated time period in which the specific
Related Services sought will be performed;
(B) The RFP evaluation process and the price
criteria which will be used to select the highest ranked Proposer, including
the weights, points or other classifications applicable to each criterion. If
ODOT does not indicate the applicable number of points, weights or other
classifications, then each criterion is of equal value. Evaluation price
criteria may include, but are not limited to, the total price for the Related
Services described in the RFP, Consultant pricing policies, and other pricing
information such as the Consultant 's estimated number of staff hours needed to
perform the Related Services described in the RFP, expenses, hourly rates and
overhead;
(C) Any minimum or
pass-fail qualifications that the Proposers must meet, including but not
limited to any such qualifications in the subject matter areas described in
section (3)(a)(B)(i) through section (3)(a)(B)(xii) of this rule; and
(D) The information listed in section
(3)(a)(C) through section (3)(a)(N) of this rule pertaining to the Related
Services described in the RFP.
(c) ODOT shall Evaluate all Proposals
received according to the criteria set forth in the RFP.
(d) If ODOT does not cancel the RFP after
Evaluating the Proposals, ODOT will begin negotiating a Contract with the
highest ranked Proposer. ODOT shall direct negotiations towards obtaining a
written agreement on:
(A) The Consultant 's
performance obligations and performance schedule;
(B) Payment methodology, Consultant 's rates
and number of hours, and a maximum amount payable to the Consultant for the
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services required under the Contract that is
fair and reasonable to ODOT as determined solely by ODOT, taking into account
the value, scope, complexity and nature of the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
Related Services; and; and
(C) Any
other conditions or provisions ODOT believes to be in the ODOT 's best interest
to negotiate.
(e) ODOT
shall, either orally or in writing, formally terminate negotiations with the
highest ranked Proposer if ODOT and Proposer are unable for any reason to reach
agreement on a Contract within a reasonable amount of time. ODOT may thereafter
negotiate with the second ranked Proposer, and if necessary, with the third
ranked Proposer, and so on, until negotiations result in a Contract. If
negotiations with any Proposer do not result in a Contract within a reasonable
amount of time, ODOT may end the particular formal solicitation. Nothing in
this rule precludes ODOT from proceeding with a new formal solicitation for the
same Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services described in the RFP
that failed to result in a Contract.
Notes
Statutory/Other Authority: 279A.065(6)(a), 279A.070 & ORS 184.619
Statutes/Other Implemented: ORS 279A.050(3) & 279C.110
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