OAR 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, Veteran, 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 Veteran participation goals or good faith efforts with respect to DBE, MBE, WBE, ESB and Veteran 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.