Or. Admin. Code § 731-148-0215

Current through Register Vol. 63, No. 12, December 1, 2024

Section 731-148-0215 - Requests for Qualifications

(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"), veteran business, 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.

Or. Admin. Code § 731-148-0215

DOT 1-2019, adopt filed 02/21/2019, effective 2/21/2019; DOT 3-2020, amend filed 07/17/2020, effective 7/17/2020; DOT 2-2024, amend filed 06/12/2024, effective 6/12/2024

Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070

Statutes/Other Implemented: ORS 279A.050(3) & 279C.110