Or. Admin. Code § 137-048-0220 - Formal Selection Procedure
(1)
Subject to OAR 137-048-0130 (Applicable Selection Procedures; Pricing
Information; Disclosure of Proposals), Contracting Agencies shall use the
formal selection procedure described in this rule to select a Consultant if the
Consultant cannot be selected under either 137-048-0200 (Direct Appointment
Procedure) or under 137-048-0210 (Informal Selection Procedure). The formal
selection procedure described in this rule may otherwise be used at Contracting
Agencies' discretion.
(2)
Contracting Agencies using the formal selection procedure shall obtain
Contracts through public advertisement of RFPs, or Requests for Qualifications
followed by RFPs.
(a) Except as provided in
subsection (b) of this section, a Contracting Agency shall advertise each RFP
and RFQ at least once 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 disadvantaged business enterprise
("DBE"), Veteran-owned business ("VB"), minority business enterprise ("MBE"),
women business enterprise ("WBE") and emerging small business enterprise
("ESB") audiences.
(A) A Contracting Agency
shall publish the advertisement within a reasonable time before the deadline
for the Proposal submission or response to the RFQ or RFP, but in any event no
fewer than fourteen (14) calendar days before the closing date set forth in the
RFQ or RFP.
(B) A Contracting
Agency shall include a brief description of the following items in the
advertisement:
(i) The Project;
(ii) A description of the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services the Contracting Agency seeks;
(iii) How and where Consultants may obtain a
copy of the RFQ or RFP; and
(iv)
The deadline for submitting a Proposal or response to the RFQ or RFP.
(b) In the alternative
to advertising in a newspaper as described in subsection (2)(a) of this rule,
the Contracting Agency shall publish each RFP and RFQ by one or more of the
electronic methods identified in OAR 137-046-0110(14). The Contracting Agency
shall comply with subsections (2)(a)(A) and (2)(a)(B) of this rule when
publishing advertisements by electronic methods.
(c) A Contracting Agency may send notice of
the RFP or RFQ directly to all Consultants on the Contracting Agency's list of
Consultants that is created and maintained under OAR 137-048-0120 (List of
Interested Consultants; Performance Record).
(3) Request for Qualifications Procedure.
Contracting Agencies may use the RFQ procedure to evaluate potential
Consultants and establish a short list of qualified Consultants to whom the
Contracting Agency may issue an RFP for some or all of the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services described in the RFQ.
(a) A Contracting Agency shall include the
following, at a minimum, in each RFQ:
(A) A
brief description of the Project for which the Contracting Agency is seeking a
Consultant;
(B) A description of
the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services the Contracting Agency
seeks for the Project;
(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) The deadline for submitting a response to
the RFQ;
(E) A description of
required Consultant qualifications for the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
Related Services the Contracting Agency seeks;
(F) The RFQ evaluation criteria, including
weights, points or other classifications applicable to each
criterion;
(G) A statement whether
or not the Contracting Agency will hold a pre-qualification 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 RFQ and if a pre-qualification
meeting will be held, the location of the meeting and whether or not attendance
is mandatory; and
(H) A Statement
that Consultants responding to the RFQ do so solely at their expense, and that
the Contracting Agency is not responsible for any Consultant expenses
associated with the RFQ.
(b) A Contracting Agency may include a
request for any or all of the following in each RFQ:
(A) A statement describing Consultants'
general qualifications and related performance information;
(B) A description of Consultants' specific
qualifications to perform the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
described in the RFQ including Consultants' committed resources and recent,
current and projected workloads;
(C) A list of similar Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services and references concerning past performance,
including but not limited to price and cost data from previous projects,
quality of work, ability to meet schedules, cost control and contract
administration;
(D) A copy of all
records, if any, of Consultants' performance under Contracts with any other
Contracting Agency;
(E) The number
of Consultants' experienced staff committed to perform the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services described in the RFQ, including such personnel's
specific qualifications and experience and an estimate of the proportion of
time that such personnel would spend on those services;
(F) Consultants' approaches to Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services described in the RFQ and design philosophy, if
applicable;
(G) Consultants'
geographic proximity to and familiarity with the physical location of the
Project;
(H) Consultants' Ownership
status and employment practices regarding women, minorities and emerging small
businesses or historically underutilized businesses;
(I) If the Contracting Agency is selecting a
Consultant to provide Related Services, Consultants' pricing policies and
pricing Proposals or other pricing information, including the number of hours
estimated for the services required, expenses, hourly rates and
overhead;
(J) Consultants' ability
to assist a State Contracting Agency in complying with art acquisition
requirements, pursuant to ORS
276.073 through
276.090;
(K) Consultants' ability to assist a State
Contracting Agency in complying with State of Oregon energy efficient design
requirements, pursuant to ORS
276.900 through
276.915;
(L) Consultants' ability to assist a
Contracting Agency in complying with the energy technology requirements of ORS
279C.527 and
279C.528;
(M) Whether the Consultant owes a liquidated
and delinquent debt to the State of Oregon; and
(N) Any other information the Contracting
Agency deems reasonably necessary to evaluate Consultants'
qualifications.
(c) If a
Local Contracting Agency will use a Request for Qualifications followed by an
RFP to procure Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services under this rule and the
Local Contracting Agency intends to use pricing policies, proposals or other
pricing information as part of the Local Contracting Agency's screening and
selection of prospective Consultants, pursuant to ORS
279C.110(5),
the Local Contracting Agency cannot request cost proposals or otherwise use
pricing policies, proposals or other pricing information as part of the Request
for Qualifications. The Local Contracting Agency may only request cost
proposals or otherwise use pricing policies, proposals or other pricing
information during the RFP process, following the establishment of a short list
of qualified Consultants through the Request for Qualifications
process.
(d) RFQ Evaluation
Committee. The Contracting Agency shall establish an RFQ evaluation committee
of at least two (2) individuals to review, score and rank the responding
Consultants according to the evaluation criteria. The Contracting Agency may
appoint to the evaluation committee Contracting Agency employees or employees
of other public agencies with experience in Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services,
Related Services, construction services or Public Contracting. If the
Contracting Agency procedure permits, the Contracting Agency may include on the
evaluation committee private practitioners of architecture, engineering,
photogrammetry, transportation planning, land surveying or related professions.
The Contracting Agency shall designate one member of the evaluation committee
as the evaluation committee chairperson.
(e) A Contracting Agency may use any
reasonable screening or evaluation method to establish a short list of
qualified Consultants, including but not limited to, the following:
(A) Requiring Consultants responding to an
RFQ to achieve a threshold score before qualifying for placement on the short
list;
(B) Placing a pre-determined
number of the highest scoring Consultants on a short list;
(C) Placing on a short list only those
Consultants with certain essential qualifications or experience, whose practice
is limited to a particular subject area, or who practice in a particular
geographic locale or region, provided that such factors are material, would not
unduly restrict competition, and were announced as dispositive in the
RFQ.
(f) After the
evaluation committee reviews, scores and ranks the responding Consultants, the
Contracting Agency shall establish a short list of at least three qualified
Consultants, if feasible; provided however, if four or fewer Consultants
responded to the RFQ or if fewer than three Consultants fail to meet the
Contracting Agency's minimum requirements, then:
(A) The Contracting Agency may establish a
short list of fewer than three qualified Consultants; or
(B) The Contracting Agency may cancel the RFQ
and issue an RFP.
(g) No
Consultant will be eligible for placement on a Contracting Agency's short list
established under subsection (3)(d) of this rule if Consultant or any of
Consultant's principals, partners or associates are members of the Contracting
Agency's RFQ evaluation committee.
(h) Except when the RFQ is cancelled, a
Contracting Agency shall provide a copy of the subsequent RFP to each
Consultant on the short list.
(4) Formal Selection of Consultants through
Request for Proposals. Contracting Agencies shall use the procedure described
in section (4) of this rule when issuing an RFP for a Contract described in
section (1) of this rule.
(a) RFP Required
Contents. Except as otherwise provided in Sections (4)(b) and (4)(c) of this
rule, Contracting Agencies using the formal selection procedure shall include
at least the following in each RFP, whether or not the RFP is preceded by an
RFQ:
(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
the Contracting Agency 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 (4)(a)(B)(iii),
above;
(v) The proportion of time
Proposers estimate that the staff referenced in section (4)(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 under OAR 137-048-0120 (List
of Interested Consultants; Performance Record);
(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)
Whether the Consultant owes a liquidated and delinquent debt to the State of
Oregon.
(xiv) If the Contracting
Agency 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
(xv) Any other criteria that
the Contracting Agency 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 the Contracting
Agency;
(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 the Contracting Agency;
(I) A
Statement that Proposers responding to the RFP do so solely at their expense,
and Contracting Agency 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 48
rules;
(K) Special Contract
requirements, including but not limited to DBE, MBE, WBE, ESB and VB
participation goals or good faith efforts with respect to DBE, MBE, WBE, ESB
and VB participation, and federal requirements when federal funds are
involved;
(L) A statement whether
or not the Contracting Agency 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 the Contracting Agency deems reasonably necessary to permit the
Contracting Agency 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. Contracting
Agencies using the formal selection procedure 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
the Contracting Agency 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 (4)(a)(B)(i) through section (4)(a)(B)(xii) of this rule; and
(D) The information listed in section
(4)(a)(C) through section (4)(a)(N) of this rule pertaining to the Related
Services described in the RFP.
(c) RFP Contents for Local Contracting
Agencies' Selection of Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services with Pricing Policies,
Proposals or Other Pricing Information. Local Contracting Agencies that will be
including pricing policies, proposals or other pricing information in the Local
Contracting Agencies' formal selection procedure criteria for Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services pursuant to ORS
279C.110(5)
shall meet the following minimum requirements for each RFP:
(A) If the Local Contracting Agency has used
the Request for Qualifications procedure in Section (3) of this rule to
evaluate potential Consultants and establish a short list of qualified
Consultants pursuant to ORS
279C.110(5),
the RFP must meet the requirements of ORS
279C.110(5)
that address the second phase of the selection process applicable to the short
list of no more than three of the highest ranked prospective consultants that
were identified in the initial phase of the selection process described in ORS
279C.110(5)(a) and
(b).
(B) If the Local Contracting Agency has
elected to not use the Request for Qualifications procedure in Section (3) of
this rule, and will use only an RFP in the Local Contracting Agency's use of
the formal selection procedure, the Local Contracting Agency shall include at
least the following in the RFP:
(i) The
information set forth in ORS
279C.110(5)(a).
In providing an estimate of the cost of the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services
described in the RFP, the Local Contracting Agency may provide a specific
estimate of that cost, or a range of estimated costs;
(ii) In the initial phase of the RFP,
provisions describing the Local Contracting Agency's evaluation of each
prospective Consultant on the basis of each Consultant's qualifications to
perform the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services described in the RFP, with those
qualifications including the criteria set forth in subsections (4)(a)(B)(i)
through (4)(a)(B)(xiii) and (4)(a)(B)(xv) of this rule;
(iii) At the end of the initial phase of the
RFP, provisions describing the Local Contracting Agency's evaluation scores of
each Consultant and rank of each Consultant according to the evaluation scores.
The Local Contracting Agency shall identify up to three (3) of the highest
ranked prospective Consultants as being qualified to perform the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services described in the RFP, and as being eligible to participate in the
second phase of the RFP process;
(iv) In the second phase of the RFP,
provisions describing the Local Contracting Agency's request of a pricing
proposal from each of the highest ranked prospective Consultants identified in
the initial phase of the RFP, pursuant to the requirements of ORS
279C.110(5)(c)(A) and
(B);
(v) Provisions describing the Local
Contracting Agency's evaluation of the highest ranked prospective Consultants
that have decided to provide price proposals. In the Local Contracting Agency's
final evaluation of the prospective Consultants who have provided price
proposals, the Local Contracting Agency cannot assign more than fifteen (15)
percent of the overall weight of the evaluation criteria in the second phase of
the RFP to each Consultant's price proposal;
(d) RFP Evaluation Committee. The Contracting
Agency shall establish a committee of at least three individuals to review,
score and rank Proposals according to the evaluation criteria set forth in the
RFP. If the RFP has followed an RFQ, the Contracting Agency may include the
same members who served on the RFQ evaluation committee. The Contracting Agency
may appoint to the evaluation committee Contracting Agency employees or
employees of other public agencies with experience in Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land
Surveying, Related Services, construction services or Public Contracting. At
least one member of the evaluation committee must be a Contracting Agency
employee. If the Contracting Agency procedure permits, the Contracting Agency
may include on the evaluation committee private practitioners of architecture,
engineering, land surveying or related professions. The Contracting Agency
shall designate one of its employees who also is a member of the evaluation
committee as the evaluation committee chairperson.
(A) No Proposer will be eligible for award of
the Contract under the RFP if Proposer or any of Proposer's principals,
partners or associates are members of the Contracting Agency's RFP evaluation
committee for the Contract;
(B) If
the RFP provides for the possibility of Proposer interviews, the evaluation
committee may elect to interview Proposers if the evaluation committee
considers it necessary or desirable. If the evaluation committee conducts
interviews, it shall award weights, points or other classifications indicated
in the RFP for the anticipated interview; and
(C) The evaluation committee shall provide to
the Contracting Agency the results of the scoring and ranking for each
Proposer.
(e) If the
Contracting Agency does not cancel the RFP after it receives the results of the
scoring and ranking for each Proposer, the Contracting Agency will begin
negotiating a Contract with the highest ranked Proposer. The Contracting Agency
shall direct Contract negotiations toward discussing, refining and finalizing
the following:
(A) The specific scope of
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services to be provided by the
Consultant;
(B) The Consultant's
performance obligations and performance schedule;
(C) 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 the Contracting Agency as determined solely by the
Contracting Agency, 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
(D) Any other conditions or provisions the
Contracting Agency believes to be in the Contracting Agency's best interest to
negotiate.
(f) The
Contracting Agency shall, either orally or in writing, formally terminate
negotiations with the highest ranked Proposer if the Contracting Agency and
Proposer are unable for any reason to reach agreement on a Contract within a
reasonable amount of time. The Contracting Agency may thereafter negotiate with
the second ranked Proposer, and if necessary, with the third ranked Proposer,
and so on if applicable, in accordance with section (4)(e) of this rule, until
negotiations result in a Contract. If negotiations with any Proposer do not
result in a Contract within a reasonable amount of time, the Contracting Agency
may end the particular formal solicitation. Nothing in this rule precludes a
Contracting Agency 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: ORS 279A.065
Statutes/Other Implemented: ORS 279C.110, ORS 279C.527, OL 2015 & ch 565 (HB 3303)
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