Current through Register Vol. 63, No. 3, March 1, 2024
(1)
ODOT may use this Request for Qualifications ("RFQ") procedure to Evaluate
potential Consultants and establish a short list of qualified Consultants for
some or all of the Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services
described in the RFQ. This RFQ procedure will be used as the first step in a
two-step Procurement process, with the second step in the process being a
selection by ODOT under OAR 731-148-0200 (Direct Appointment), a selection
under OAR 731-148-0205 (Small Purchase Procedure) or an RFP processed under OAR
731-148-0220 (Formal Selection Procedure).
(2)
(a)
ODOT shall publish each RFQ by one or more of the electronic methods identified
in OAR 731-146-0150(1).
(b) ODOT
shall publish the advertisement within a reasonable time before the deadline
for the response to the RFQ, but in any event no fewer than seven calendar days
before the closing date set forth in the RFQ.
(c) In the alternative to advertising using
one or more electronic methods in subsection (2)(a) of this rule, ODOT may
advertise the RFQ 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"), service-disabled veteran business ("SDVB"), minority business
enterprise ("MBE"), women business enterprise ("WBE") and emerging small
business enterprise ("ESB") audiences.
(3) ODOT shall include the following, at a
minimum, in each RFQ:
(a) A brief description
of the services or Project(s), or both, for which ODOT is seeking one or more
Consultants;
(b) Conditions or
limitations, if any, that may constrain or prohibit the selected Consultant(s)
ability to provide additional services related to the services or Project(s) or
both, including but not limited to construction services;
(c) The deadline for submitting a response to
the RFQ;
(d) A description of
required Consultant qualifications for the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
Related Services ODOT seeks;
(e)
The RFQ evaluation criteria, including weights, points or other classifications
applicable to each criterion;
(f) A
statement whether or not ODOT will hold a pre-qualification meeting for all
interested Consultants to discuss the services or Project(s) 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
(g) A statement that Consultants responding
to the RFQ do so solely at their expense, and that ODOT is not responsible for
any Consultant expenses associated with the RFQ.
(4) ODOT 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
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, if applicable;
(h)
Consultants' ownership status and employment practices regarding women,
minorities and emerging small businesses or historically underutilized
businesses;
(i) If ODOT 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 ODOT in complying with art acquisition requirements, pursuant to ORS
276.073
through
276.090;
(k) Consultants' ability to assist ODOT in
complying with State of Oregon energy efficient design requirements, pursuant
to ORS
276.900 through
276.915;
(l) Consultants' ability to assist ODOT in
complying with the energy technology requirements of ORS
279C.527
and
279C.528;
and
(m) Any other information ODOT
deems reasonably necessary to Evaluate Consultants'
qualifications.
(5) ODOT
shall Evaluate all responses received according to the criteria set forth in
the RFQ.
(6) ODOT 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.
(7) After the evaluation
committee Evaluates the responding Consultants, ODOT 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 ODOT's minimum requirements, then ODOT may establish a
short list of fewer than three qualified Consultants.
(8) ODOT shall provide copies of the
selection notices that ODOT sent to the highest ranked Proposers to all
Consultants submitting a response to the RFQ.
(9) ODOT may establish more than one short
list from an RFQ, with each short list applicable to a particular service,
dollar threshold, geographic location, or combination of the
preceding.
(10) No Consultant will
be eligible for placement on an ODOT short list established under this rule if
Consultant or any of Consultant's principals, partners or associates are
members of ODOT's RFQ evaluation committee.
(11) ODOT may limit participation under OAR
731-148-0205 (Small Purchase Procedure) and OAR 731-148-0220 (Formal Selection
Procedure) to firms on ODOT's short list applicable to the services.
(12)
(a)
RFQ Protest and Request for Change. If allowed by the RFQ, Consultants may
submit a written protest of anything contained in the RFQ and may request a
change to any provision contained in the RFQ, no later than seven calendar days
prior to the date responses are due, unless a different deadline is indicated
in the RFQ. Each protest and request for change must include the reasons for
the protest or request, and the proposed changes to the RFQ. ODOT may not
consider any protest or requests for change that is submitted after the
submission deadline.
(b) Protest of
Exclusion from Short List. If allowed by the RFQ, a Consultant who claims to
have been adversely affected or aggrieved by the selection of the highest
ranked Consultants may submit a written protest of the selection to ODOT no
later than seven calendar days after the date of the selection notices, unless
a different deadline is indicated in the RFQ. A Consultant submitting a protest
must claim that the protesting Consultant is one of the highest ranked
Consultants because the responses of all higher ranked Consultants failed to
meet the requirements of the RFQ, or because a sufficient number of responses
of higher ranked Consultants failed to meet the requirements of the RFQ. In the
alternative, a Consultant Proposer submitting a protest must claim that the
responses of all higher ranked Consultants, or a sufficient number of higher
ranked Consultants, are not qualified to perform the Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services or Related Services described in the RFQ. ODOT may not consider any
protest that is submitted after the submission deadline.
(c) Resolution of Protests. ODOT shall
resolve all timely submitted protests and requests for change within a
reasonable time following ODOT's receipt of the protest or request for change.
Once resolved, ODOT shall promptly issue a written decision on the protest or
request for change to the Consultant who submitted the protest or request for
change. If the protest results in a change to the RFQ, ODOT shall revise the
RFQ accordingly and may re-advertise the RFQ in accordance with these rules or
post an addenda, as applicable.
(13) ODOT may cancel an RFQ per OAR
731-148-0250.
Statutory/Other Authority: ORS
184.619,
279A.065(6)(a)
& 279A.070
Statutes/Other Implemented: ORS
279A.050(3)
& 279C.110