RFP 2026-06 Clackamas County Regional ATC Controller & Signal Optimization

RFP 2026-06 Clackamas County Regional ATC Controller & Signal Optimization

Clackamas County Regional ATC Controller & Signal Optimization

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LPA A&E RFP Form S006-B071421rev1
Clackamas County Regional ATC Controller & Signal Optimization RFP #2026-06
Request for Proposals
A&E and Related Services

Issued by: Clackamas County (herein after referred to as “Agency”)

RFP Number: 2026-06
RFP Title/Project Name: Clackamas County Regional ATC Controller &
Signal Optimization

Issue Date: February 5, 2026

PROPOSAL DUE DATE and TIME: March 5, 2026, by 2:00 PM PST


Proposer Questions, RFP Protests, and Requests for Change: due via email no
later than 7 calendar days prior to Proposal due date.

A pre-Proposal conference will not be held.

Issuing Office; Purchaser/Single Point of Contact
Purchaser/Single Point
of Contact for this RFP:

Tralee Whitley
Clackamas County Procurement
Division
503-742-5446
Address: Clackamas County Public Services
Building
Department of Finance
2051 Kaen Road, Oregon City, OR
97045
E-mail: twhitley@clackamas.us

Notes:
• This RFP is a Qualifications Based Selection (QBS) with Federal Highway Administration
(FHWA) Funding.
• This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based
eProcurement system. See RFP section 0.1 – OregonBuys for information regarding
vendor registration and terminology used in OregonBuys platform.

Proposals and all other submittal requirements specified in RFP section 2.4 must be
submitted before the Closing/Proposal due date and time via BidLocker (see RFP
section 0.3).

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LPA A&E RFP Form S006-B071421rev1
Clackamas County Regional ATC Controller & Signal Optimization RFP #2026-06
Table of Contents

Section 0.0 OREGONBUYS ePROCUREMENT SYSTEM ................................ ................... 3
0.1 REGISTRATION REQUIREMENT and VENDOR GUIDANCE .................................................................. 3
0.2 CROSSWALK of TERMS used in OREGONBUYS ..................................................................................... 3
0.3 BID LOCKER ............................................................................................................................................... 3
1.0 SOLICITATION PURPOSE & CONTRACT OVERVIEW ................................ .................. 4
1.1 SUMMARY OVERVIEW & PROCUREMENT SCHEDULE ........................................................................ 4
1.2 PROJECT BACKGROUND/SCOPE INFORMATION & LOCATION .......................................................... 4
1.3 PROJECT PHASES .................................................................................................................................... 5
1.4 PERIOD OF PERFORMANCE .................................................................................................................... 5
1.5 QUANTITY OF CONTRACTS AWARDED & OFFER PERIOD .................................................................. 5
1.6 FUNDING SOURCE(S): Metro’s Transportation System Management and Operations Federal Funding
with a County match using County Road Funds. ..................................................................................................... 5
1.7 CONTRACT NOT TO EXCEED AMOUNT & METHOD OF COMPENSATION ......................................... 5
1.8 DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PARTICIPATION GOAL ..................................... 6
1.9 INSURANCE REQUIREMENTS ................................................................................................................. 6
1.10 CONTRACT TERMS & CONDITIONS ........................................................................................................ 6
2.0 INSTRUCTIONS TO PROPOSERS & SUBMITTAL REQUIREMENTS ............................ 6
2.1 PROPOSER QUESTIONS, RFP PROTESTS and REQUESTS FOR CHANGE ....................................... 6
2.2 ADDENDA (referred to as “Amendment” in OregonBuys) ................................................................................ 7
2.3 MINIMUM QUALIFICATIONS ..................................................................................................................... 7
2.4 PROPOSAL & SUBMITTAL REQUIREMENTS .......................................................................................... 7
3.0 EVALUATION PROCESS & CONSULTANT SELECTION ................................ ............... 9
3.1 PROPOSAL EVALUATION ......................................................................................................................... 9
3.2 EVALUATION CRITERIA ............................................................................................................................ 9
3.3 INTERVIEWS ............................................................................................................................................ 10
3.4 REFERENCES .......................................................................................................................................... 10
3.5 METHOD OF AWARD ............................................................................................................................... 10
3.6 RESPONSIBILITY DETERMINATION ...................................................................................................... 11
3.7 INTENT TO AWARD NOTICE ................................................................................................................... 11
3.8 PROTEST of CONSULTANT SELECTION ............................................................................................... 11
3.9 PUBLICITY ................................................................................................................................................ 11
4.0 CONTRACT AWARD REQUIREMENTS & NEGOTIATIONS ................................ ......... 11
4.1 COST INFORMATION .............................................................................................................................. 11
4.2 CERTIFICATION REGARDING DEBARMENT & OTHER RESPONSIBILITY MATTERS ...................... 13
4.3 CERTIFICATES OF INSURANCE ............................................................................................................ 13
4.4 COMMITTED DBE BREAKDOWN & CERTIFICATION FORM ................................................................ 13
4.5 TAX ID NUMBER ....................................................................................................................................... 13
4.6 BUSINESS REGISTRY NUMBER/REGISTERED AGENT ...................................................................... 13
4.7 NEGOTIATIONS ....................................................................................................................................... 14
5.0 GENERAL TERMS & CONDITIONS FOR THIS RFP ................................ ..................... 14
5.1 NON-DISCRIMINATION ............................................................................................................................ 14
5.2 FUTURE WORK LIMITATIONS ................................................................................................................ 14
5.3 ELECTRONIC FILES LINKED OR ATTACHED TO RFP ......................................................................... 15
5.4 PUBLIC RECORDS ................................................................................................................................... 15
5.5 USE of RECYCLED PRODUCTS ............................................................................................................. 15
5.6 RFP CANCELLATION ............................................................................................................................... 15
ATTACHMENT A - PROPOSAL COVER SHEET ................................ ................................ ..... 16
ATTACHMENT B – STATEMENT of WORK ................................ ................................ .............. 19
ATTACHMENT C – SAMPLE CONTRACT ................................ ................................ ................ 19
Definition of Terms:
The following terms have the meaning provided in OAR 137-046-0110: “Addendum” or “Addenda”,
“Business Day”, “Closing”, “Contract”, “OAR”, “ORS”, “Proposal”, “Request for Proposal” or “RFP”,

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LPA A&E RFP Form S006-B071421rev1
Clackamas County Regional ATC Controller & Signal Optimization RFP #2026-06
“Responsive”, “Writing”. “Business Day” means Monday through Friday, excluding State of Oregon
holidays.
Section 0.0 OREGONBUYS ePROCUREMENT SYSTEM
0.1 REGISTRATION REQUIREMENT and VENDOR GUIDANCE
All vendors must be registered in OregonBuys to participate in this solicitation. Registration is free. To
create a Vendor account, click the blue “Register” button in the top right corner of the OregonBuys
website: https://oregonbuys.gov/bso. For registration assistance see online guidance.

Vendors are responsible for ensuring that their Vendor registration and information is current and correct
in OregonBuys. ODOT shall not be responsible for defective registration or incorrect Vendor information.
Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation
Response.pdf.
0.2 CROSSWALK of TERMS used in OREGONBUYS

Terms used in OregonBuys Definition
Amendment
“Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or
any form of notice associated with the solicitation, such as intent to
award, cancellation, etc., as set forth in the Amendment.
Bid Opening Date
“Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is
the deadline for submitting Quotes (Bids, Proposals or other required
responses) required by a Bid Solicitation.
Bid Solicitation
Any form of solicitation: Request for Proposal, Invitation to Bid,
Request for Quote, Request for Information, etc., including notices
(sole source notice, intent to participate, etc.). Each Bid Solicitation
has a separate page and ID number in OregonBuys.
Change Order A formal change to any form of existing contract.
Master Blanket Purchase Order
(“MBPO”) Any form of contract or agreement.
Quote
Any form of offer submission by Vendors; i.e., Bids, Technical
Proposals, Price Proposals, or any other type of offer required by a
Bid Solicitation.
Vendor
Any form of business entity registered in OregonBuys. Only
registered Vendors may submit a Quote or enter a contract pursuant
to a solicitation advertised in OregonBuys.
0.3 BID LOCKER
Proposals will only be accepted electronically through a secure online bid submission service, Bid
Locker. Email submissions to Clackamas County email addresses will no longer be accepted.
• Completed proposal documents must arrive electronically via Bid Locker located at
https://bidlocker.us/a/clackamascounty/BidLocker.
• Bid Locker will electronically document the date and time of all submissions. Completed
documents must arrive by the deadline indicated in Section 1 or as modified by Addendum. LATE
PROPOSALS WILL NOT BE ACCEPTED.

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LPA A&E RFP Form S006-B071421rev1
Clackamas County Regional ATC Controller & Signal Optimization RFP #2026-06
• Proposers must register and create a profile for their business with Bid Locker in order to submit
for this project. It is free to register for Bid Locker.
• Proposers with further questions concerning Bid Locker may review the Vendor’s Guide located at
https://www.clackamas.us/how-to-bid-on-county-projects.

1.0 SOLICITATION PURPOSE & CONTRACT OVERVIEW
1.1 SUMMARY OVERVIEW & PROCUREMENT SCHEDULE
Agency is issuing this Request for Proposals and any Addenda thereto (collectively, the “RFP”) to obtain
Proposals from qualified consultant(s) for traffic engineering and management and related services
(“Services”) for the project described in section 1.2.

For further information regarding the project and Services needed, see sections 1.2 through 1.10 and
RFP Attachment B.

Proposers responding to this RFP do so solely at their expense, and Agency is not responsible for any
Proposer expenses associated with the RFP.

Procurement Schedule Date
RFP issue date, deadline for Proposer questions/protests, and
Closing/Proposal submittal deadline
Stated on front page
Proposal evaluation (and interviews if conducted) – Estimated March 2026
Notice of Intent to Award Estimated March 2026
*Negotiations Estimated April 2026
Contract start Estimated May 2026
*Proposer, by submitting a Proposal, commits to and will be expected to make best efforts to
accommodate the negotiation schedule above if selected for intent to award. See section 4.7 -
Negotiations.

1.2 PROJECT BACKGROUND/SCOPE INFORMATION & LOCATION
A draft SOW is provided in RFP Attachment B, which will be negotiated with the selected Proposer for
inclusion in the Contract.


Clackamas County Regional ATC Controller & Signal Optimization

• Project location: Clackamas
• Estimated date for completion of the A&E and Related Services required under this RFP: August
2026
• Estimated range of costs for the A&E and Related Services required under this RFP: $200,000 to
$300,000

Clackamas County currently operates and maintains approximately 175 traffic signals throughout the
County, of which 71 are owned by Clackamas County and the remaining are owned by local jurisdictions.
These local jurisdictions consist of Lake Oswego, Oregon City, Wilsonville, Milwaukie, Gladstone, and
West Linn. Traffic signal timing and maintenance support for signals owned by local jurisdictions are
supported by Clackamas County through existing intergovernmental engineering and maintenance
agreements.

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Clackamas County Regional ATC Controller & Signal Optimization RFP #2026-06
Of the total 175 traffic signals throughout the County, approximately 120 of the signal controllers
(computers) and the computer software running the signal timing are using outdated technology that is no
longer supported by local vendors or manufacturers. Some of these controllers are almost 40 years old.

This project proposes to replace 99 outdated model traffic signal controllers with the latest Advanced
Traffic Controllers, also known as ATCs. ATCs are the latest national and state standards with higher
processing power, larger memory, more functionality, and built-in performance software tools. These
controllers also have higher speed network capability that can push large amounts of data with low
latencies.

The Clackamas County Regional ATC Controller & Signal Optimization Project includes the following
elements:
• Procurement of 99 Advanced Traffic Controllers (ATCs) to upgrade older traffic signals controllers
that are no longer supported and do not provide the functionality desired for current signal
operations. This includes locations owned by Clackamas County, City of Lake Oswego, City of
Oregon City, City of Wilsonville, City of Milwaukie, City of Gladstone, and City of West Linn
(COMPLETE)
• Consultant support in signal timing conversions and optimizations (This RFP)
• Clackamas County signal timing testing and deployment (To be completed by Agency)
• New central signal system for maintenance and operation of the traffic signals (To be completed
by Agency)
1.3 PROJECT PHASES
Agency anticipates the contracted Services will be a phased development as follows:
• Phase I –Traffic Signal Timing Conversion and Traffic Signal Timing
1.4 PERIOD OF PERFORMANCE
The schedule for performance of Services needed under the prospective Contract is approximately:
January 2026 to August 2026
1.5 QUANTITY OF CONTRACTS AWARDED & OFFER PERIOD

If award is made, it is anticipated that 1 Proposer will be selected for Contract award from this RFP.

A Proposer's Proposal is a firm offer, irrevocable, valid and binding on the Proposer for not less than 180
days following the Closing date for this RFP. Agency may request, either orally or in Writing, that
Proposer extend the offer period in Writing.
1.6 FUNDING SOURCE(S) : Federal Funding through Metro’s Transportation System Management
and Operations program with a County match using County Road Funds.
1.7 CONTRACT NOT TO EXCEED AMOUNT & METHOD OF COMPENSATION
Proposers are advised that the award and potential dollar amount of the Contract, including as may be
amended within the Scope of Work identified in this RFP, are contingent upon Agency receiving approval
of funding for use under this RFP as determined by Agency in its sole discretion.

The anticipated value of the Contract awarded from this RFP is estimated to be in the range of: $200,000
to $300,000.

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Contingent upon Agency’s need, Consultant’s performance, and the availability of approved funding,
Agency reserves the right to amend the Contract (within the scope of the project described in this RFP)
for additional tasks, project phases and compensation as necessary to complete the project.

The method of compensation will be determined by Agency and may be any of the following methods
(may include more than one method – “Mixed”):
• Cost Plus Fixed-fee, up to a maximum NTE amount;
• Time and Materials, up to a maximum NTE amount;
• Fixed Price for all Services; Fixed Price per Deliverable; Fixed Price per Milestone;
1.8 DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PARTICIPATION GOAL
ODOT’s DBE Policy Statement is posted at the following Internet address:
https://www.oregon.gov/ODOT/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx

The DBE Policy Statement applies and is incorporated with the same force and effect as though fully set
forth in this RFP.

See RFP Attachment C – Sample Contract, Exhibit E for:
• information on reporting requirements and how credit for DBE participation is determined (for goal
and no-goal Contracts), and
• further explanation and description of the DBE program.

No DBE participation goal has been assigned to the Contract
1.9 INSURANCE REQUIREMENTS
See Attachment C - Sample Contract for the insurance requirements (Contract Exhibit C) and terms and
conditions that will apply to the prospective Contract from this RFP.
1.10 CONTRACT TERMS & CONDITIONS
See Attachment C - Sample Contract, which is incorporated in the RFP by this reference, for the terms
and conditions that will apply to the prospective Contract from this RFP. Unless an official Addendum has
modified or reserved the right to negotiate any terms and conditions contained in the Sample Contract or
exhibits thereto, Agency will not negotiate any term or condition after the solicitation protest deadline,
except the SOW and pricing with the selected Proposer(s). Changes to standard Contract terms and
conditions may be subject to approval by ODOT.

By Proposal submittal, the selected Proposer agrees to be bound by the terms and conditions as set out
in the Sample Contract associated with this RFP, and as they may have been modified or reserved by
Agency for negotiation. Any Proposal that is received conditioned on Agency’s acceptance of any other
terms and conditions or rights to negotiate will be rejected.

2.0 INSTRUCTIONS TO PROPOSERS & SUBMITTAL REQUIREMENTS
2.1 PROPOSER QUESTIONS, RFP PROTESTS and REQUESTS FOR CHANGE
All questions, RFP protests or requests for change relating to any aspect of this RFP or the associated
project(s) must be submitted in Writing via e-mail to the Purchaser/Single Point of Contact identified on
page 1 of this RFP. RFP protests and requests for change submitted after the due date on page 1 of this
RFP will not be considered. Any RFP protest or request for change must identify the RFP number and
project name it applies to and must be in conformance with requirements set forth in OAR 137-048-
0240(1). The foregoing procedures and deadline shall also apply to protests and requests for change
respecting the contents of Addenda to the RFP, unless the Addenda specify a different deadline. Failing

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to follow the foregoing requirements regarding the Single Point of Contact for inquiries may result in
Proposal rejection by Agency.

Answers to substantive questions and/or any changes to the RFP will be issued as official Addenda to
this RFP, no later than 5 Business Days prior to the Proposal due date.
2.2 ADDENDA (referred to as “Amendment” in OregonBuys)
When appropriate, as determined by Agency in its sole discretion, changes to Closing/Proposal due date
and time or revisions, additions, substitutions, clarifications of the RFP or attached terms and conditions
will be issued as Addenda to this RFP. Modifications to this RFP shall be binding on Agency and
Proposer only if in the form of written Addenda issued by Agency. Any such Addenda are incorporated
into this RFP as if fully set forth herein. Except for officially issued Addenda, no person has been
authorized to provide any other written or oral representation, clarification, warranty or assurance with
respect to this RFP or the project.

Agency shall advertise addenda, if any, on OregonBuys. Anyone who has downloaded or received a
copy of this RFP will only be alerted to the existence of any Addenda by monitoring and downloading
from the above website. Agency is not responsible for sending Addenda to any potential Proposers.
2.3 MINIMUM QUALIFICATIONS

2.3.1 Registered Professional Engineer. In the space provided on the Proposal Cover Sheet (RFP
Attachment A), list the name and registration number of at least one Oregon Registered Civil
Engineer in active status (or that will be prior to Contract execution) employed by Proposer
and proposed to be in responsible charge of engineering Services under the prospective
Contract.

2.3.2 RESERVED

2.3.3 Maximum Subcontracting. Proposers are advised that, to be considered for award, the prime
consultant must have qualified employees and capacity to self-perform (without subconsultant
assistance) at least 51 percent of the Contract value for the proposed services (this does not
apply to CA/CEI phase which may be subcontracted without the 51% self-performance
requirement). The prime must have qualified employees to self-perform the Services and
conduct quality control reviews of the core deliverables required under the Contract. For
example, if a bridge design project includes some survey, environmental, and geotechnical
services, Agency intends to select a firm with employees qualified to perform bridge design,
instead of selecting a survey, environmental, or geotechnical firm that will subcontract the
bridge design.
2.4 PROPOSAL & SUBMITTAL REQUIREMENTS

2.4.1 Time, Date and Place for Submission. Proposals and all required submittal items must be
submitted via the Electronic Procurement System specified in section 0.3 of this RFP and
received by the deadline specified on page 1 of this RFP (or such other deadline as may be
revised by Addenda issued by Agency). Agency will not accept Proposals submitted after the
Proposal submittal deadline.

If submittal by email or Electronic Procurement System is allowed under this RFP, in the event
of a system failure that interferes with the ability of Proposer to submit Electronic Submittals,
to protest or to otherwise participate in the procurement, Agency may cancel the procurement
or may extend the date and time of receipt of Electronic Submittals by issuing an Addendum

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immediately after the Electronic Procurement System or electronic mail system becomes
available.

2.4.2 Proposal Page Limit. The Proposal is limited to 7 pages. Any pages exceeding this limit will
not be considered in the evaluation. Items excluded and not counted as pages toward the
page limit include:
• Attachment A – Proposal Cover Sheet,
• Any additional forms required in section 2.4.5.

2.4.3 Proposal Format. One page is defined as: one side of any 8-1/2" x 11" page, partial page,
tab, index or table of contents that contains substantive text, tables, graphics, charts,
resumes, etc. Any page over this size will be counted as 2 pages. Proposals must use a
minimum of 12-point font for substantive text (including text in tables or resumes, if any).

Proposal and other submittal requirements must be submitted in the following electronic
format: Adobe Acrobat (pdf).

2.4.4 Required Proposal Contents. Proposals must include:
• A completed and signed Proposal Coversheet – RFP Attachment A (not counted toward
page limit)
• Responses to the scored criteria identified in RFP section 3 and any other requirements
specified in this RFP or the Proposal Coversheet.
• Any content in the Proposal which Proposer believes to be a trade secret or exempt from
public disclosure must be so indicated in conformance with section 5.4 of this RFP.

[This is a qualifications based selection. Cost information shall not be submitted with Proposals (see RFP
section 4.0).]

2.4.5 Additional Required Forms/Documents. The following do not count toward the Proposal page
limit and must be submitted with the Proposal package (but separate from Proposal):
 Signed Subcontractor Solicitation and Utilization Report - SSUR (form available at:
https://www.oregon.gov/ODOT/Forms/2ODOT/2721.pdf.) [Submit 1 copy of a completed,
signed SSUR with Proposal. Also email a copy of the completed, signed SSUR directly to
ODOT Office of Civil Rights (ocr.psk@odot.oregon.gov) within 10 Business Days following
Proposal submittal due date. If unable to open form, see instructions for changing browser
settings.]
 Signed Conflict of Interest Disclosure (form available at: http:
https://www.oregon.gov/ODOT/Business/Procurement/DocsLPA/COI_LPA.docx)

(Note: Proposers should review section 4 of this RFP to ensure they can comply with submittal
requirements for the selected Proposer.)

2.4.6 Proposal Package.

Proposer must provide all required submittal items electronically via the Electronic Procurement
System specified in RFP section 0.3.

Electronic File Size. Proposer shall make reasonable efforts to compress or optimize files to not
exceed a combined total of 25 megabytes for all submittals. For tips on reducing file size, see
information at the following links: How to reduce PDF file size; How to reduce the size of Word
documents that contain images.

Electronic Signatures. By submitting a Proposal in response to this RFP, the Proposer (and if
selected for award, also as the Consultant) agrees with the Agency that signatures showing on

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PDF documents submitted or exchanged electronically are “Electronic Signatures” under ORS
Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

2.4.7 Proposal Withdrawals or Modifications.
A Proposal may be withdrawn or replaced with a modified Proposal by written request from
Proposer, provided the request (and any modified Proposal) is signed by Proposer’s authorized
representative and received by Agency prior to the deadline for Proposal submittal.

3.0 EVALUATION PROCESS & CONSULTANT SELECTION
3.1 PROPOSAL EVALUATION
Submittals will be reviewed by Agency for responsiveness to all requirements (allowing for minor
informalities) set forth in the RFP and RFP Coversheet. Responsive Proposals will be forwarded to an
evaluation committee of at least 3 members that will independently review, score and rank Proposals
according to the Scoring Criteria set forth in section 3.2. Evaluators will independently judge the merits of
the Proposals by comparing the requirements and criteria stated in the RFP with the responsiveness and the
relevance of experience/qualifications presented in the Proposal. The outcome of the Evaluation process
may, in Agency’s sole discretion, result in:
(a) notice to Proposers of selection or rejection for Contract negotiation and possible award; or
(b) further steps to gather additional information for evaluation (e.g. checking references, notice of
placement on an interview list, requesting clarification).

Agency may require any clarification it needs to understand the Proposer’s Proposal. Clarifications may
not be used to rehabilitate a non-responsive Proposal.
3.2 EVALUATION CRITERIA


Criteria Maximum
Points
1 Project Team - This criterion relates to the Proposer's firm and key individuals
qualifications, capabilities, and experience. Provide a description of the following:

o Provide a general overview of the firm including size of staff, location of
staff in proximity to Clackamas County, background of company, specific
qualifications and expertise, etc.
o Provide experience of the firm and staff with similar projects within the past
eight years. Include experience that best characterizes work quality and
cost control (references are required to be submitted). Demonstrate
comprehensive expertise to cover all scopes of the project.
o Include the name of individuals and their qualifications of who will be
performing the work on the project. Identify any subcontractors that will be
included on the team. (Please note the restriction on markup fees for
subcontracted work.)

Provide any additional supportive information that will illustrate the company’s,
subconsultants, and individuals qualifications.
35
2 Project Understanding and Approach - This criterion relates to the Proposer’s
understanding of the project and the methodology and course of action used to
meet the goals and objectives of the project. The issue is whether the Proposer
has a clear and concise understanding of the project based on existing information.
Elements to be considered include the following:
30

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o Proposer’s understanding of the project as demonstrated in the RFP.
o Proposer’s awareness of key issues.
o Proposer’s awareness of project requirements to produce the necessary
project deliverables on schedule and within budget.

3 Communication and Availability - This criterion relates to accessibility and
availability for project work, meetings, and other interaction with the County.
Provide a description of the following:

o Ongoing projects for key staff and percent contracting availability for
assignment to this project.
o Resources available to perform the work for the duration of the project.
o Accessibility for interaction with the Agency for meetings and other project
tasks.
o Ability to establish and maintain functional, productive working
relationships.

20
4 Supportive Information - Supportive material may include graphs, charts,
photographs, resumes, references, etc., and is completely discretionary. Please
note that the material included as supportive information will not be considered
when scoring any sections of the Proposal other than “Supportive Information”.

15

3.3 INTERVIEWS
Agency may, in its sole discretion, conduct and score interviews with the top ranked Proposers following
Proposal evaluation. If interviews are conducted, the following will apply:
• A minimum of 3 evaluators shall score the interviews;
• Evaluation and scoring will based on the criteria in section 3.2;
• Interviews will have a maximum score of 50 points;
• The number of Proposers selected for interviews is at the sole discretion of Agency;
• Interviews may require physical attendance at Agency’s offices; however, Agency may elect to
conduct interviews via teleconference or video conference. Further details will be included with
notification of time and date of interviews, if conducted.
3.4 REFERENCES
Agency reserves the right to investigate references including customers other than those provided in the
Proposal or Proposal Coversheet (Attachment A). Investigation may include past performance of any
Proposer with respect to its successful performance of similar projects, compliance with specifications
and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment to
employees and workers or any other criteria as determined by Agency.
3.5 METHOD OF AWARD
The scores for Proposer ranking and tentative award will be determined as follows:

• Total Proposal Score = Total of all evaluator scores for a given Proposal, divided by the number
of evaluators.
• Total Interview or Follow-up Questions Score (if conducted) = Total of all evaluator scores for a
given Proposer, divided by the number of evaluators.

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• Final Score = Total Proposal Score plus Total Interview or Follow-up Questions Score (if
conducted).
3.6 RESPONSIBILITY DETERMINATION
At any time prior to Contract execution, Agency may rescind the intent to award notice, if applicable, and reject
any Proposer found to be not responsible.
3.7 INTENT TO AWARD NOTICE
If an apparent successful Proposer is selected, Agency will issue an intent to award notice on the
eProcurement System specified in RFP section 0.3. Award to the apparent successful Proposer is subject to
successful negotiation of the Contract.
3.8 PROTEST of CONSULTANT SELECTION
A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest
ranked Proposer may submit a written protest of the selection to the Purchaser/Single Point of Contact,
identified on page 1 of this RFP, no later than 7 calendar days after the date of the selection notice.
Selection protests submitted after this deadline will not be considered. Selection protests must identify
the RFP number and project name it applies to, and must be in conformance with requirements set forth
in OAR 137-048-0240(2). All costs of a protest shall be the responsibility of the protestor and undertaken
at the protestor's expense.
3.9 PUBLICITY
Any publicity giving reference to this project, whether in the form of press releases, brochures,
photographic coverage, or verbal announcement, shall be done only after prior written approval of the
Agency.

4.0 CONTRACT AWARD REQUIREMENTS & NEGOTIATIONS

The submittal requirements in this section 4 apply only to a Proposer that receives intent to award notice
following Agency’s evaluation and scoring of Proposals (and interviews, if conducted).
Cost information shall not be submitted as part of the Proposal package and shall be submitted only
when requested by Agency.

Failure to submit required submittal items in a timely manner may result in Agency rescinding the intent
to award notice and issuing notice of intent to award to the next ranked Proposer.
4.1 COST INFORMATION
4.1.1 Approved Cost Data on File with ODOT. If awardee or its subconsultants have current,
approved overhead, salary, or Negotiated Billing Rate (NBR) rate schedules on file at ODOT,
awardee and its subconsultants will submit those approved rate schedules and any required
certifications to Agency (or Agency may obtain approved rate schedules from ODOT) in lieu of
the submittal requirements in section 4.1.3 below. If awardee or any of its subconsultants do
not have approved cost data on file with ODOT, then the cost data and certification forms
required under section 4.1.3 must be submitted as applicable.

4.1.2 Conformance with Federal Cost Principles. Direct and indirect costs as applied to cost
estimates and invoices under federally funded Agency Contracts and subcontracts must be in
conformance with Federal Cost Principles (48CFR Part 31). Costs may not be discriminatory
against the Agency. It is discriminatory against the Agency if employee (or owner/sole
proprietor) compensation (in whatever form or name) is in excess of that being paid for similar

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non-Agency work under comparable circumstances. Any cost data submitted by Proposer
pursuant to this solicitation may be shared with ODOT, FHWA and Oregon Secretary of State as
necessary for audit purposes.

4.1.3 Billing Rates. Following notice of intent to award, the selected Proposer shall submit
(electronically in Excel format) billing rate information within 5 Business Days of request by
Agency. Compensation related forms/templates are available at
https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx. Billing rate
information must include either “Direct Salary and Overhead Information” or “Negotiated
Billing Rate Schedule” described below, as applicable to your firm’s (and subconsultant’s)
accounting method:

a. Direct Salary and Overhead Information:
(i) Direct Salary Rate Schedule. This schedule includes the name, classification and actual
direct salary rate for each employee that may be used under the Contract. The direct salary
rate schedule will not be included in the Contract but will be used by Agency for
negotiations and to develop an approved billing rate schedule, if applicable, for the
Contract.
(ii) Calculation of Overhead Rate (if applicable for your firm’s type of accounting). Current
overhead accounting information on a form using the standard 3-column format. Firms shall
condense or expand categories as applicable to the firm’s method of accounting. Firms
that have not established an overhead rate, based upon their particular financial reporting
methodology, shall be reviewed by Agency to determine whether an overhead rate
schedule will be required or a negotiated non-provisional billing rate will be used. If a firm
does calculate overhead, the information must be submitted to Agency and updates must
be provided annually.
(iii) Cognizant Audit – If an audit for the most recent fiscal year has been completed for your firm
(or any sub-contractors) by the appropriate federal cognizant agency, this must be submitted
with the billing rate information (electronically in PDF format).
(iv) Independent Audit – If an audit for the most recent fiscal year has been completed for your
firm (or any sub-consultants) by an independent, third party accounting firm, this must be
submitted with the billing rate information (electronically in PDF format).
(v) Certification of Indirect Rate – FHWA directive 4470.1A requires firms to submit a signed
certification of compliance with 48CFR Part 31 Federal Cost Principles. If your firm
calculates overhead, submit a signed copy of the Certification of Final Indirect Costs form.

b. Negotiated Billing Rate Schedule (NBR): This schedule is used by firms that do not have an
acceptable overhead rate with independent audit as part of their normal accounting practice and
Agency determines it is in the best interest of the government to negotiate fully loaded billing
rates. The negotiated billing rate schedule includes rates that are fully loaded with direct salary,
indirect expenses and profit. Provide name, classification (project role) and fully loaded rate for
each employee. Use of a negotiated billing rate schedule may be required by Agency (or ODOT)
for consultants or subcontractors that do not have audited overhead rates or that, upon cursory
review, appear not to be calculating overhead correctly and in conformance with Federal Cost
Principles.

4.1.4 Cost Estimate Breakdown. The cost estimate must include a detailed breakdown of the costs
for each element of the work regardless of compensation method. Unless specified otherwise
in the solicitation, Contract, or by Agency, the estimate must identify:
• the proposed staff assignments (job classifications, and names if requested) and hours per
task and sub-task.
• an itemization of any necessary rental equipment, flaggers, travel and other direct non-labor
expenses (estimates from vendors or other documentation shall be provided upon request);

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• hours per task and sub-task for each subconsultant with job classifications (and names if
requested), and itemized direct non-labor costs.
• Contingency Tasks. Each contingency task, if any, must be shown as a separate line-item on
the estimate with same requirements for breakdown of costs as non-contingency tasks. The
total amount for a contingency task must include all labor, overhead, profit, and direct non-
labor expenses for the contingency task. Do not include expenses for contingency tasks in the
amounts or totals for non-contingency tasks; they must be reported separately on the
estimate.
Notes:
• Consultant must submit their initial cost estimate breakdown without profit included. Profit will be
negotiated and added to cost estimates following agreement on the SOW, labor costs and
expenses.
• Do not add profit to costs based on fully-loaded NBR billing rates. Profit is already included in the
hourly rate.
4.2 CERTIFICATION REGARDING DEBARMENT & OTHER RESPONSIBILITY MATTERS
Within 5 Business Days of receipt of notice of intent to award, for Contracts that will exceed $150,000
(including as may be amended) the selected Proposer shall submit a signed Certification Regarding
Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters form available on
line at: https://www.oregon.gov/ODOT/Business/Procurement/DocsPSK/CertFederal.pdf
(ref 48CFR 52.209-5)
4.3 CERTIFICATES OF INSURANCE
Prior to Contract execution, selected Proposer shall provide certificates of insurance via e-mail for
insurance coverage required in Exhibit C of the Sample Contract (RFP Attachment C).
4.4 COMMITTED DBE BREAKDOWN & CERTIFICATION FORM
The selected Proposer must submit, prior to execution of the Contract (during negotiations), a completed
and signed Committed DBE Breakdown and Certification Form (one for each DBE sub). Instructions for
submittal are on the “Instructions” tab of the form. The Committed DBE Breakdown and Certification
Form-AE is available at: https://www.oregon.gov/ODOT/Business/OCR/Pages/Forms.aspx. For
additional information, see Exhibit E of the Sample Contract (RFP Attachment C).
4.5 TAX ID NUMBER
The selected Proposer shall provide their Taxpayer Identification Number (TIN) and backup withholding
status on a completed W-9 form if either of the following apply:
• When requested by Agency prior to Contract execution, or
• When the backup withholding status or any other information of Proposer has changed since the
last submitted W-9 form, if any.
4.6 BUSINESS REGISTRY NUMBER/REGISTERED AGENT
If selected for Contract award, Proposer must be duly authorized by the State to transact business in the
State before executing the Contract. The selected Proposer shall submit a current Oregon Secretary of
State business registry number (unless operating as your real and true name). See process for obtaining
a business registry number. All Corporations and other business entities (domestic and foreign) must
have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For
more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules.
The titles in this subsection are available at the following Internet site:
https://sos.oregon.gov/business/Pages/default.aspx.

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4.7 NEGOTIATIONS
Agency will negotiate in the best interest of the government, the SOW, costs, and any provision(s)
Agency has indicated in the RFP or any Addenda it will negotiate. Agency will, either orally or in Writing,
formally terminate negotiations with the highest ranked Proposer if Agency and Proposer are unable for
any reason to reach agreement on a Contract within a reasonable amount of time. Agency 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. Agency may end this solicitation if negotiations do not
result in a Contract within a reasonable amount of time, as determined in the sole discretion of Agency.

5.0 GENERAL TERMS & CONDITIONS FOR THIS RFP
5.1 NON-DISCRIMINATION
Agency, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to
2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of
the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure
that all business enterprises will be afforded full opportunity to submit Proposals in response to this
solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in
consideration for an award.
5.2 FUTURE WORK LIMITATIONS
(For these purposes, “Affiliate” or “Affiliates” of a consultant means any Person or entity that controls, is
controlled by or is under common ownership or control with that consultant.)

• If a consultant is awarded a Contract to prepare an Environmental Impact Statement,
Environmental Assessment, Categorical Exclusion or designs and plans/specifications for a
project, that consultant and its Affiliates will not be eligible to propose/bid on or enter into a Contract
to construct that project.
• If preliminary engineering and final design will be performed under the prospective Contract,
Agency is not obligated to proceed with final design for any alternative. All reasonable alternatives
will be evaluated and given appropriate consideration, and consultant may not proceed with final
design until the relevant NEPA decision documents have been issued (e.g., Categorical
Exclusion, Finding of No Significant Impact, or Record of Decision).
• If a consultant is awarded a Contract to prepare an Environmental Impact Statement,
Environmental Assessment or Categorical Exclusion for a project, that consultant and its Affiliates
may prepare the designs/plans/specifications for the project or may propose under a separate
solicitation to prepare designs/plans/specifications for the project only if Agency concludes that
the NEPA document was prepared with objectivity. Agency is not obligated to proceed with final
design for any alternative. All reasonable alternatives will be evaluated and given appropriate
consideration, and consultant may not proceed with final design until the relevant NEPA decision
documents have been issued (e.g., Categorical Exclusion, Finding of No Significant Impact, or
Record of Decision).
• If a consultant or any Associate of consultant enters into personal services Contract(s) with Agency
for the purpose of advising or assisting in developing specifications, a scope or statement of work,
an invitation to bid, an RFP or other solicitation documents and materials related to a given
procurement, the consultant may not be eligible to propose/bid on the prospective procurement
(based on a case-by-case assessment by Agency, ODOT or FHWA).

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5.3 ELECTRONIC FILES LINKED OR ATTACHED TO RFP
This RFP document must be viewed electronically to access files, attachments, forms, provisions or other
documents that are attached electronically (shown as icons) or provided via hyperlinks from the Internet
in this RFP. All files, attachments forms, provisions or other documents attached electronically or linked
from the Internet are incorporated in this RFP with the same force and effect as though fully set forth in
this RFP.
5.4 PUBLIC RECORDS
Proposals shall be open to public inspection in accordance with ORS 279C.107. If a Proposal contains
any information that may be considered exempt from disclosure as a trade secret under either ORS
192.311(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS
192.311 through 192.478, the Proposer must clearly designate on or with the Proposal the portions of its
Proposal which Proposer claims are exempt from disclosure, along with a justification and citation to the
authority relied upon. Identifying the Proposal in whole as trade secret, confidential or otherwise exempt
from disclosure is not acceptable. In such circumstances Agency will require Proposer to submit a
memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims
to be exempt. If Proposer fails to identify, on or with the Proposal, the portions of the Proposal Proposer
claims are exempt from disclosure and the authority used to substantiate that claim, Proposer is deemed
to have waived any later claim of an exemption or request for nondisclosure of that information. Agency
will not be held liable for any disclosure of information which Proposer considers to be exempt from
disclosure if required by a Public Records Order. Notwithstanding any rights under 17 USC 101 et seq.,
(the United States Copyright Act), when Agency is required to provide copies of the non-exempt portion
of the Proposal pursuant to a Pub