Request for Proposals: Operation of the Oregon Utility Notification Center

The maximum length of a proposal in total should not exceed 30 pages. The intent of limiting proposals to a 30-page document is to ensure an even playing field while making the review process reasonable and manageable for board members who will be reviewing multiple proposals. 

This is correct. While the proposal itself should not exceed 30 pages, we will not count the cover of the proposal or an accompanying cover letter.

While the total length of the proposal should not exceed 30 pages, proposals can certainly reference and link to other resources outside of the proposal within those 30 pages. 

Yes, absolutely. A scanned signature and/or digital signature will be treated equally and considered fully responsive.

No, the location of the notification center is not a requirement or scored portion of the RFP. Contractor shall select the location of the center, subject to Board approval. If the contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Secretary of State Corporation Division and Oregon Department of Revenue all information required by those agencies relative to the contract.  Contractor shall demonstrate its legal capacity to perform the Work under the contract in the State of Oregon prior to entering into the contract.

While we cannot provide legal advice or guidance on employment, generally the labor laws of the state where the employee is physically located (their home state) apply and employers must comply with the wage, hour, tax, and leave laws of the state where the work is performed. Under this contract, the contractor is generally free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results and following all respective laws, rules and regulations. We suggest consulting an attorney for legal advice on situational specifics. 

In some, but not all circumstances, yes. As a public body with the powers of a state agency, the OUNC is subject to Oregon Public Meetings Law and Oregon Public Records Law, and contractors performing services for the public body are considered a “functional equivalent.” While Public Meetings Law would not apply to the contractor’s own internal meetings, it does apply to all board and committee meetings. Contractor’s reports on performance metrics and board reports are considered public information, and the contractor must maintain all records related to the contract and operations and may be required to disclose them upon request. For detailed information on this, please visit: https://www.doj.state.or.us/oregon-department-of-justice/public-records/public-records-and-meetings-law/.

The contractor is generally free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of and accountability for the desired results.  Under the current contract, ASA is 60 seconds, but 80% of requests are online now. This is a trend we want to see continue, and it prompts expectations for system uptime for those submitting requests electronically. For more, refer to page 8 of the RFP document.

We currently have 24/7/365 coverage with live agent staffing provided from the Portland center and backup from partner centers in other regions.  

After hours calls are either handled by the Portland center or backup from partner centers in other regions.

No. All tickets are currently received through the website, app and calls whenever they are submitted.

The location of the notification center and whether it is physical or virtual is not a requirement or scored portion of the RFP. Similarly, the contractor is generally free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of and accountability for the desired results.  While there will be an expectation for in-person representation at board meetings, the emphasis is on high-level operational effectiveness and service delivery, regardless of how it is achieved. 

While these types of calls do not represent a significant volume, we do not have a specific breakdown available. We will look to update this resource and provide the information for the Board meeting in May. 

There is no requirement for a specific ticketing platform except that it must meet the expectations set forth in the RFP document and integrate successfully with ticket management systems used by 811 system users as well as systems used by contract and in-house locators. The contractor is otherwise generally free from direction and control over the means and manner of providing the services, subject only to the specifications of and accountability for the desired results.  

Electronic positive response participation is currently voluntary in Oregon, but we have pushed for widespread adoption and significant increases in usage in recent years. The positive response status is integrated within the tickets and allows for the use of hyperlinks to more detailed information, maps, photos, offsets, descriptions, etc. There has been some interest in moving Oregon to mandatory electronic positive response, so that could be a factor in coming years if the board acts upon it. In general, OUNC values and encourages enhancements that reduce damage, improve safety and provide a better experience for system users.

The system should integrate successfully with ticket management systems used by 811 system users as well as systems used by contract and in-house locators. We don’t want a transition to be problematic or a downgrade in service. 

Yes. The current contract stipulates that the operator shall surrender to anyone OUNC designates, all documents, research, objects and other tangible things needed to complete the work of the Notification Center. Every effort will be made to ensure an efficient and effective transition in the best interest of all those stakeholders who depend upon the 811 system in Oregon.

This will depend upon the contractor’s proposal and their capabilities, and it is something we will want to hear about from respondents when they present their proposals to our Board.  We want to ensure a seamless transition in the best interest of all those stakeholders who depend upon the 811 system in Oregon. If a respondent believes the December 11 date is not reasonable for a successful transition, we will want the proposal to provide an explanation and suggested remedy.

Yes. We are cognizant that this is a heavy lift, time is of the essence, and many things will need to happen in a relatively short timeframe for this transition to be successful. The Executive Director and Executive Committee will meet regularly with the successful contractor to ensure continuity. Contact will also be established with the current operator as needed, if applicable.  

No changes in costs are anticipated besides approximately $27,000 in administrative staffing support currently paid separately from the contract. The operator is solely responsible for its own operational personnel, offices, equipment, hardware/software, vehicles/travel costs, insurance, tools, supplies, etc. needed to perform the work during the term of the Contract. OUNC pays for its own expenses independent of the operator, and you can review that budget for details at https://docs.google.com/spreadsheets/d/1A6pYc0mJmrJQBHo2sKULPzUrxTBWWxpmwlioh8b_8co/edit?usp=sharing.

OUNC currently bears the majority of costs for marketing, outreach and promotional materials relating to 811 as a whole.  Under the current contract, the current operator provides website management, social media content, creative support and materials specific to their company and system. The operator assists with logistics and staff support for meetings and events and also provides value adds such as custom 811 vehicles to display.  

Costs for platforms under the management and responsibility of the operator will be their responsibility. As for the e-learning platform example, we want to clarify that training falls into three basic categories:

1. Training for notification center employees. This is exclusively the responsibility of the operator/contractor. Contractor shall provide a regular training program on operation of the Center for its operators, attendants, management and other staff. Contract does not specify duration and type of training to be provided.
2. Training for system users. This is also the responsibility of the operator/contractor. Especially if new systems are coming online, we will want robust resources available to all users, whether professional excavators or homeowners to understand how to use the system efficiently and effectively.  
3. Training for excavators and locators. This is primarily provided by OUNC staff, board members and partners. An exception would be presentations to conferences and Utility Coordinating Council meetings on system updates/enhancements and how to maximize the use of the tools and system provided by the operator.

Depending on where it falls into these three categories, costs can be borne by the operator, OUNC or a combination. 

OUNC depends upon administrative support from the operator to make meeting arrangements and notice and distribute meeting materials. At the in-person meetings, they often assist the Executive Director with setting up the meeting space and take minutes during the entire meeting for the Board (except for Executive Session, when applicable). On every agenda, a representative of the contractor is expected to report to the Board on metrics, trends, problems, concerns, suggestions, requests and anything else that is relevant or pertinent to the notification center operations.  They also provide a monthly report to OUNC that is shared with the full board. Meetings recently changed from quarterly to every two months, with four in-person meetings and two virtual.  All Committee meetings are virtual.

Since we do not access or store information on the state’s network, OUNC is not subject to some of the rules that other agencies must follow. However, the contractor must implement safeguards to protect the security, confidentiality, integrity, and availability of data, with redundancies and backup solutions in place for emergencies or crisis scenarios. Ticket data is currently accessible via an Oregon 811 app, dedicated websites and through the center itself. We would expect this access/functionality to continue.   

Yes. The Oregon Utility Notification Center (aka Oregon 811) was created by the 1995 Oregon Legislature as:

• An independent not-for-profit public corporation [ORS 757.547(1)(a)] 
• With the powers of a state agency [ORS 757.552(3)]

The OUNC Board is appointed by the Oregon Governor and includes employees from the Oregon Public Utility Commission and Oregon Department of Transportation. The Executive Director is also a state employee.