State of Oregon

Department of Energy

Issues the Following

REQUEST FOR QUALIFICATIONS (RFQ)

ODOE RFQ Number: 21-013 Oregon Buys Number: S-33000-00001501

ENERGY SERVICE COMPANY (ESCO)

Issued: December 14, 2021 11:00 AM Closing: January 21, 2022 3:00 PM

Single Point of Contact (SPC):

Bethany Wachtler, Sr. Contracts Officer

Email Address: Bethany.Wachtler@energy.oregon.gov Address: 550 Capitol Street NE

Salem, OR 97301 Phone: (503) 508-8190

ODOE RFQ # 21-013 / S-33000-00001501 Page 2 of 15 Energy Service Company (ESCO)

Table of Contents

SECTION 1: INTRODUCTION AND GENERAL INFORMATION

1.1 PURPOSE AND BACKGROUND

1.2 QUALIFICATIONS AND REQUIREMENTS

1.3 DEFINITIONS

1.4 SCOPE OF WORK

SECTION 2: RFQ PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

2.2 INQUIRIES/ SINGLE POINT OF CONTACT (“SPC”)

2.3 SCHEDULE OF EVENTS

2.4 Oregon Buys

2.4.1 ADDENDA ON Oregon Buys

2.4.2 Oregon Buys USAGE

2.4.3 Oregon Buys REGISTRATION

2.5 QUESTIONS AND MODIFICATIONS RELATING TO THE RFQ OR CONTRACT PROVISIONS

2.6 PUBLIC INFORMATION, CONFIDENTIALITY AND TRADE SECRETS

2.7 COST OF PREPARING PROPOSALS

2.8 RESERVATION OF AGENCY RIGHTS

2.9 CONTRACT FORM

SECTION 3: SOQ SUBMITTAL REQUIREMENTS

3.1 GENERAL REQUIREMENTS

3.3 QUANTITIES AND LOCATION

3.4 SOQ CONTENT

3.4.1 Overview of SOQ Submittal Elements

3.4.2 SOQ Cover Sheet (Attachment B)

3.4.3 Firm Profile (Attachment C)

3.4.3.1 Insurance and Bonding

3.4.4 Technical Submittal (Qualifications & Approach, Attachment D)

3.4.5 References (Attachment E)

3.5 CHANGES TO SUBMITTALS

3.5.1 Submittal Modifications

3.5.2 Submittal Withdrawal

SECTION 4: EVALUATION AND AWARD

4.1 EVALUATION PROCESS

ODOE RFQ # 21-013 / S-33000-00001501 Page 3 of 15 Energy Service Company (ESCO)

4.2 EVALUATION CRITERIA

4.3 OUTCOME AND DETERMINATION

SECTION 5: LIST OF ATTACHMENTS

ODOE RFQ # 21-013 / S-33000-00001501 Page 4 of 15 Energy Service Company (ESCO)

SECTION 1: INTRODUCTION AND GENERAL INFORMATION

1.1 PURPOSE AND BACKGROUND

With this Request for Qualifications (“RFQ”), the Oregon Department of Energy (“Agency”) is seeking to pre-qualify Energy Service Companies (“ESCOs”) capable of providing comprehensive energy and water management services and related capital improvements (“Services”) for various State and local government agencies (“Contracting Agencies”) through Energy Savings Performance Contracts (“ESPC”) and ESPC projects in accordance with ORS 276.915(7). State agencies must use pre-qualified firms when entering into an ESPC; local government agencies may use this process for convenience.

Goals of this RFQ include the following:

• Increase the number of successful ESPCs statewide;

• Provide State and local agencies the opportunity to procure Services from qualified ESCOs in a streamlined and cost-effective way; and

• Ensure ESCOs meet the minimum qualifications needed to carry out successful ESPC projects.

Contracting Agencies seeking services to reduce the consumption and related costs of energy and water use in their facilities can contract for an ESCO’s Services for certain capital improvements. These Services are provided through performance-based ESPC projects and can enable a Contracting Agency to:

• Achieve savings through long-term, avoided energy and water costs;

• Achieve reductions in energy and water consumption;

• Achieve guaranteed energy savings and water savings;

• Obtain consistent levels of comfort and functionality; and

• Maximize ancillary benefits that may accrue as a direct result of such energy-related services and capital improvements, such as environmental protection and the proper disposal of hazardous materials.

This RFQ is the first part of a two-tier process. Successful Proposers will be invited to sign an Energy Service Company Agreement (“ESCO Agreement”), that outlines general terms and conditions between Agency and the ESCO, and that has an initial term of two (2) years. A sample ESCO Agreement is included as Attachment A.

Pursuant to ORS 276.900 through 276.915 and Division 130 of OAR Chapter 330, State agencies who wish to engage the Services of an ESCO will issue a Tier 2 Request for Proposals (“RFP”) only to those ESCOs qualified under this RFQ. State agencies must request approval from Agency for an exemption from this requirement. Local government agencies such as school districts, counties and cities may also wish to employ qualified ESCOs using the same limited RFP process. The terms and conditions from the ESCO Agreement will apply to all ESPCs. ESCO Agreements allow Contracting Agencies to choose an ESCO from a pool of qualified ESCOs but does not guarantee selection for ESPC projects.

ESCOs will be selected for ESPCs directly by the Contracting Agencies seeking ESPC work. Contracting Agencies’ requests will vary according to the Services needed. ESPCs resulting from this process will contain specific statements of work and budgets for those Services requested by the Contracting Agencies. Selection criteria includes, but is not limited to price, experience, past performance, personnel assigned to the project, and timeline requirements.

https://www.oregonlaws.org/ors/276.915 https://www.oregonlaws.org/ors/276.915 https://www.oregonlaws.org/ors/chapter/276 https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1112

ODOE RFQ # 21-013 / S-33000-00001501 Page 5 of 15 Energy Service Company (ESCO)

1.2 QUALIFICATIONS AND REQUIREMENTS

Qualified ESCOs must be able to:

• PHASE 1, PART A: Provide an investment-grade Technical Energy Audit (“TEA”) to identify energy and water conservation opportunities at a Contracting Agency’s facility(s) (“Facility”);

• PHASE 1, PART B: Prepare a corresponding Project Development Plan (“PDP”);

• PHASE 2: Design, construct and install capital improvements that reduce the consumption and related costs of energy and water use at the Facility;

• PHASE 3: Use their own personnel to provide all project management, construction management, site supervision, subcontractor procurement, and Measurement and Verification (“M&V”) services required to successfully carry out ESPC projects;

• Secure financing as requested by the Contracting Agency, so project can be fully reimbursed over the term of investment;

• Measure the post-construction energy use and verify the correct operation of the improvements; and

• Guarantee the energy savings, avoided costs, and provide a guaranteed maximum ESPC project cost at the Facility, based on the ESCO’s proposed Services.

To be qualified under this RFQ, Proposers must also demonstrate technical and managerial capability to address a broad range of building energy and water systems; provide a comprehensive set of energy and water services;

and must capture the value of any benefits directly related to the ESPC. Energy systems include but are not limited to HVAC equipment and systems, energy management and control systems, lighting systems, domestic hot water systems, the building envelope and other energy using systems. Water systems include but are not limited to:

systems that use both water and sewage services, including direct use equipment (sinks, toilets, faucets), controls, and indirect systems (irrigation, cooling tower or boiler make-up water).

To be eligible to submit a Statement of Qualifications (“SOQ”) in response to this RFQ, Proposers must be registered with the Oregon Construction Contractors Board (“CCB”) and must have been a member in good standing for a period of no less than five (5) years. Proposers must also be registered with the Secretary of State to do business in Oregon. Proposers are required to provide these registry numbers with their SOQs.

Further, qualified ESCOs and their subcontractors must comply with ORS 279C.800 through 279C.870 relative to prevailing wage rates and other requirements, and as provided in the administrative rules of the Oregon Bureau of Labor and Industries (“BOLI”), and in the State of Oregon General Conditions for Public Improvement Contracts (included for reference as Attachment F). The applicable BOLI prevailing wage rates are those in effect at the time the Phase 2 Construction portion of the ESPC commences. The prevailing wage rates for Public Improvement/ Works Contracts in Oregon can be found here: prevailing wage rates for Public Works Contracts in Oregon. In accordance with BOLI’s administrative rules, Contracting Agencies will pay to BOLI the fee required by ORS 279C.825.

The Agency will evaluate each Proposer’s SOQ regarding specific experience, financial condition, and Proposer’s general approach to performance contracting. Proposers should thoroughly read the RFQ; it contains important information concerning the preparation and submittal of SOQs, an explanation of how SOQs will be evaluated, and information about the ESCO Agreements that may be awarded as a result of the RFQ. It is the proposer’s responsibility to submit all requested documents prior to the closing of this opportunity as late submittals of any missing documents will not be allowed.

http://www.oregon.gov/ccb/Pages/index.aspx http://sos.oregon.gov/business/pages/default.aspx https://www.oregonlaws.org/ors/chapter/279C http://www.oregon.gov/BOLI/Pages/index.aspx http://www.oregon.gov/BOLI/Pages/index.aspx http://www.oregon.gov/BOLI/WHD/PWR/Pages/pwr_state.aspx https://www.oregonlaws.org/ors/279C.825 https://www.oregonlaws.org/ors/279C.825

ODOE RFQ # 21-013 / S-33000-00001501 Page 6 of 15 Energy Service Company (ESCO)

1.3 DEFINITIONS

“Energy Efficiency Measure (EEM)” is a capital or permanent improvement in a facility, designed to significantly reduce energy cost and the total energy use at the site.

“Energy Savings Guarantees” means the units of energy and the corresponding sum that ESCO represents the Facility will realize from energy and water savings resulting from the implementation of energy efficiency measures.

“Energy Service Company (ESCO)” means a company that identifies energy improvements, in some cases provides capital financing required to install improvements, offers turn-key installation services, and guarantees energy savings.

“Energy Service Performance Contract (ESPC)” is a public contract between a State agency and a qualified ESCO for the identification, evaluation, recommendation, design and construction of energy conservation measures, including a design-build contract, which guarantees energy savings or performance.

“Phase 1, Part A Technical Energy Audit (TEA)” means a comprehensive investment grade energy audit that seeks to identify all cost-effective investment opportunities through a combination of engineering analysis of energy-using systems and economic analysis of possible energy saving measures.

“Phase 1, Part B Project Development Plan (PDP)” means the last step of the analysis phase prior to designing the construction or design-build contract. The purpose of the PDP is to take the measures from the TEA that have been selected for implementation and further develop the projects prior to implementation.

“Phase 2 Construction” means furnishing, installing, and commissioning energy efficiency improvements.

Commissioning includes verification of system installation and operating parameters, training of operations and maintenance staff, providing equipment manuals and documentation, and all warranty information.

“Phase 3 Measurement & Verification (M&V)” means the examination of installed EEMs using a process that is understood and agreed upon by the Contracting Agency and ESCO from the International Performance Measurement and Verification Protocol (“IPMVP”), or any other comparable protocol or process, to monitor and verify the operation of energy-using systems post-installation.

“State” means the State of Oregon.

“SOQ” mean Statement of Qualifications.

1.4 SCOPE OF WORK

Qualified ESCOs will provide an array of Services:

• Conduct facility energy and water audits

• Identify cost-effective projects

• Design all aspects of the chosen projects or subcontract for specialty design and engineering services as needed

• Assist in structuring and securing project financing

• Hire subcontractors

• Manage project installation and commissioning

• Follow up to ensure actual performance meets projections with regards to Energy Savings Guarantees

ODOE RFQ # 21-013 / S-33000-00001501 Page 7 of 15 Energy Service Company (ESCO)

At the Facility owner’s request, ESCOs will guarantee savings and/or adhere to a not-to-exceed project price.

The ESPC process takes a phased approach. In Phase 1, Part A, ESCOs will be responsible to identify feasible energy efficiency and other conservation measures during the performance of the TEA. If authorized by the Contracting Agency, ESCOs will then move into Phase 1, Part B of in which the ESCOs prepare a PDP. The PDP will detail essential services and improvements that will reduce energy and water consumption in a facility including, without limitation, upgrades to capital equipment; improved building operations; cost savings and improved energy demand management; and assistance in meeting environmental and energy management responsibilities.

Contracting Agencies will then have the flexibility to move portions of or the entire PDP into Phase 2, which consists of the actual construction to carry out elements of the PDP. The third and final phase of the ESPC process consists of M&V, during which time the ESCO revisits the facility to check actual performance and savings against the ESCO’s projections and/or Energy Savings Guarantees.

SECTION 2: RFQ PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

Agency is conducting the RFQ pursuant to ORS 276.915, OAR 137-049-0600 through 137-049-0690 and OAR 330- 130-0010 through 330-130-0100. See reservation of rights in Section 2.8.

2.2 INQUIRIES/ SINGLE POINT OF CONTACT (“SPC”)

All questions, whether about the technical requirements of the RFQ, contractual requirements, the procurement process, or any other aspect of the project or needed services, shall be directed only to the person listed on the cover page of the RFQ. The RFQ document may be reviewed upon request at the address listed on the cover page.

Contact with other Agency staff without prior clearance from the SPC may result in Proposer disqualification. This includes any contact with State representatives such as State employees or officials other than the SPC or those the SPC authorizes.

2.3 SCHEDULE OF EVENTS

Event Due Date

RFQ release/ issue date December 14, 2021 11:00 AM

Due date for written requests for clarification/ modification

January 3, 2022 3:00 PM

Due date for Agency’s responses to requests for clarification/ modification (approximate)

January 10, 2022

Deadline for SOQ submittals “Closing” January 21, 2020 3:00 PM

Opening of SOQs Upon receipt

Evaluation (approximate) 2 months

ESCO Agreement award (approximate) Upon completion of evaluation

SOQs must be received by the SPC no later than the Closing date and time specified in the RFQ at the address listed on the cover page of the RFQ. SOQs may be delivered via U.S. Mail or courier, or electronically via email.

SOQs shall be sent to the SPC’s attention. Late, faxed or electronically transmitted SOQs will not be accepted.

Proposers are solely responsible for the means and manner of their deliveries and are encouraged to confirm delivery prior to the Closing deadline.

2.4 Oregon Buys

https://www.oregonlegislature.gov/bills_laws/ors/ors276.html https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=300

ODOE RFQ # 21-013 / S-33000-00001501 Page 8 of 15 Energy Service Company (ESCO)

The RFQ, including all Addenda and Attachments, will be posted on the Oregon Buys eProcurement system.

Agency is not required to mail the RFQ, its Addenda or Attachments. Notification of any substantive clarifications provided in response to any question will be provided and published on the Oregon Buys eProcurement system.

For complete RFQ documentation please go to the Oregon Buys eProcurement system and view opportunity number S-33000-00001501.

2.4.1 ADDENDA ON Oregon Buys

Addenda are incorporated within the RFQ and may be viewed and downloaded from Oregon Buys by registered suppliers. Proposers should consult Oregon Buys regularly until Closing to ensure that they have not missed any Addenda announcements.

Any oral communications shall be considered unofficial and non-binding. Proposers shall rely only on written statements issued by the SPC.

2.4.2 Oregon Buys USAGE

Proposers unfamiliar with Oregon Buys may contact Periscope Holdings at (855) 800-5046 or at support.oregonbuys@das.oregon.gov. Proposers may also look for updates about Oregon Buys on the PS Website.

2.4.3 Oregon Buys REGISTRATION

Proposers are responsible for ensuring that their registration information is current and correct. Neither PS nor Agency accepts responsibility for missing or incorrect information contained in the supplier’s registration information in Oregon Buys.

2.5 QUESTIONS AND MODIFICATIONS RELATING TO THE RFQ OR CONTRACT PROVISIONS

Questions, including requests for explanations of the meaning or interpretations of provisions of the RFQ, shall be submitted in writing and addressed to the SPC only, prior to the deadline shown in the Schedule, Section 2.3.

Emails are acceptable. No telephone questions will be accepted or considered. Requests must identify the potential Proposer’s name, clearly reference this RFQ #21-013 and refer to the specific RFQ section and page number in question.

2.6 PUBLIC INFORMATION, CONFIDENTIALITY AND TRADE SECRETS

All SOQs become the property of Agency and are public information after the SOQs have been opened. SOQs will be opened by the SPC at the date and time listed in the Schedule, Section 2.3. Copies of SOQs will not be provided until the evaluation process has been completely closed and Proposers have been notified of their qualification status. Copies of public information may be requested by any person. Proposers must label any information that it wishes to protect from disclosure to third parties as a trade secret under ORS 192.501(2) with the following:

"This material constitutes a trade secret under ORS 192.501(2) and is not to be disclosed except as required by law." Agency shall take reasonable measures to hold in confidence all such labeled information, but the State shall not be liable for release of any information when required by law or court order to do so, whether pursuant to the Oregon Public Records Law or otherwise and shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3). With the exception of material labeled as trade secret, Agency may post all successful Proposers’ SOQs on its Website.

In order to facilitate public inspection of the non-confidential portion of the SOQ, material designated as confidential shall accompany the SOQ, but shall be submitted in a separate document. Resumes and ESCO qualifications are not considered confidential or a trade secret. Prices, makes, models or catalog numbers of items offered, scheduled delivery dates, and payment terms shall be publicly available regardless of any designation to mailto:support.oregonbuys@das.oregon.gov http://www.oregon.gov/DAS/EGS/PS/pages/index.aspx http://www.oregon.gov/DAS/EGS/PS/pages/index.aspx https://www.oregonlegislature.gov/bills_laws/ors/ors192.html https://www.oregonlegislature.gov/bills_laws/ors/ors646.html

ODOE RFQ # 21-013 / S-33000-00001501 Page 9 of 15 Energy Service Company (ESCO) the contrary. Any SOQ marked as a trade secret in its entirety will be considered non-responsive.

2.7 COST OF PREPARING PROPOSALS

All costs incurred in preparing and submitting SOQs in response to the RFQ are the responsibility of Proposer and will not be reimbursed by Agency.

2.8 RESERVATION OF AGENCY RIGHTS

Agency reserves all rights regarding the RFQ, including, without limitation, the right to:

• Amend, delay or cancel the RFQ without liability if Agency finds it is in the best interest of the Agency to do so;

• Reject any or all SOQs received upon finding that it is in the best interest of the Agency to do so;

• Waive any minor informality or non-conformance with the provisions or procedures of the RFQ, and seek clarification of any SOQ, if required;

• Reject any SOQ that fails substantially to comply with the prescribed RFQ procedures and requirements;

• Negotiate a Statement of Work based on the Scope of Work described in Section 1.4 and to negotiate separately in any manner necessary to serve the best interest of the public;

• Amend any ESCO Agreements that are a result of the RFQ;

• Engage ESCOs by selection or procurement independent of the RFQ process or any contracts or agreements under it to perform the same or similar services; and

• To extend any ESCO Agreements that result from the RFQ without an additional RFQ process up to an additional two-year period.

2.9 CONTRACT FORM

Successful Proposers will be offered an ESCO Agreement substantially in the form that is included as Attachment A, with only those revisions necessary to reflect the ESCO’s company specific information. Successful Proposers’ SOQs will be incorporated into their ESCO Agreements. Failure to maintain the qualifications provided in the SOQ may result in the termination of the ESCO Agreement.

SECTION 3: SOQ SUBMITTAL REQUIREMENTS

3.1 GENERAL REQUIREMENTS

Proposers are responsible for carefully reading this RFQ and following the instructions given. Submittals should clearly describe qualifications, experience and capability to do the work described in this RFQ; and must include all information requested herein. Submittals that do not contain all the information requested may be rejected as non-responsive. Additionally, submittals that are determined to contain false statements or misrepresentations may be disqualified from consideration, and any ESCO Agreements resulting from submittals containing false information may be terminated.

By submittal of an SOQ, Proposers confirm their willingness and ability to contract for the performance of all of the Services identified in this RFQ and its Attachments. Agency seeks ESCOs that will assume complete responsibility for all of the elements identified herein. ESCOs may propose to perform certain portions of Contracting Agencies’ ESPC projects in conjunction with or through the use of one or more subcontractors or sub-consultants; however, ESCOs must be willing to fulfill the role of the primary contractor.

Every submittal must include a SOQ Cover Sheet (Attachment B) signed by the person or persons legally authorized to bind the Proposer to the ESCO Agreement resulting from this RFQ. Upon Agency’s request, any representative providing a submittal on behalf of a Proposer shall provide a current power of attorney or other document

ODOE RFQ # 21-013 / S-33000-00001501 Page 10 of 15 Energy Service Company (ESCO) certifying the representative’s authority to bind the Proposer. Upon Agency’s request, a corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the submittal to execute contracts on behalf of the corporation.

3.2 SOQ FORMAT

SOQs must be typed and prepared in a simple, economical manner. SOQs must not exceed 25 pages (no more than 13 double-sided sheets of paper), including pictures, charts, graphs, tables and text. Pages shall consist of

8.5 x 11-inch, recycled-content, white paper. Do not use binders, stiff covers, dividers, or other bound forms to hold together the SOQ. Submittals that do not meet these standards may be disqualified.

If the SOQ uses attachments to provide additional information, they must be itemized on an Attachment List substantially in the format shown below. Number the attachments (and label them accordingly) and include the corresponding RFQ heading name and page number. An accurate Attachment List will facilitate the evaluation process and will be reflected in the proposal scoring.

Attachment # RFQ Heading Name RFQ Page #

The items listed below are excluded from the 25-page limit:

• SOQ Cover Sheet (Attachment B)

• Firm Profile (Attachment C)

• Sample invoice (Attachment D)

• Example of project cost tracking and billing progress accounting (Attachment D)

• Sample project schedule (Attachment D)

• One (1) example TEA and One (1) example PDP from the same ESPC project (Attachment D)

• Three (3) example M&V reports from separate ESPC projects (Attachment D)

• Bios, resumes and an organization chart of the proposed Key Personnel (Attachment D)

• References (Attachment E)

Proposers shall make every effort to use no smaller than 11-point font and no less than ¾ inch margins for the text portion of the SOQs. Agency reserves the right to reject SOQs that are deemed illegible or too difficult to read.

3.3 QUANTITIES AND LOCATION

Proposers must submit:

• One (1) original submittal

• One (1) copy, including all attachments

• One (1) complete electronic copy on a CD or flash drive.

o Electronic documents must be provided in commonly used formats such as Microsoft Word or pdf. If submitted in pdf format, portions deemed confidential must be submitted in a separate pdf document.

No other materials shall be submitted with the SOQ except those specifically identified in Section 3.4. Materials must be listed in the order outlined in Section 3.4 to facilitate the SOQ review process.

ODOE RFQ # 21-013 / S-33000-00001501 Page 11 of 15 Energy Service Company (ESCO)

If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide for the basis of resolving discrepancies. If no document can be identified as an original, the submittal may be rejected at Agency’s discretion.

Responses to this RFQ must be clearly labeled and submitted in a sealed envelope, package or box bearing the following information:

Name of Proposer RFQ Number: #21-013

Send submittals to the following address:

Oregon Department of Energy c/o Bethany Wachtler, Sr. Contracts Officer 550 Capitol St NE Salem, OR 97301

Proposers are solely responsible for ensuring that their submittals are received by Agency in accordance with the solicitation requirements and at the place specified on the cover sheet of this RFQ.

Agency will not be responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Deliveries made to a location other than to the address identified on the cover page of this RFQ will be considered non-responsive unless re-delivery is made to the address identified on the cover page of this RFQ, prior to Closing.

3.4 SOQ CONTENT

Proposers are responsible for carefully reading all the requirements of the RFQ and its attachments, and for following the instructions given. SOQs that do not contain all the information requested may be rejected as non-responsive. The required information must be organized in the order shown below to facilitate the SOQ evaluation process.

By submittal of a SOQ, Proposers attest that the information provided within their submittal is true and accurate.

Any false or incorrect statements may disqualify submittals from further consideration. To be considered complete and responsive, SOQs must contain all of the following elements:

3.4.1 Overview of SOQ Submittal Elements

• SOQ Cover Sheet: Section 3.4.2, Attachment B

• Firm Profile: Section 3.4.3, Attachment C o Requires additional attachments

• Technical Submittal: Section 3.4.4, Attachment D o Requires additional attachments

• References: Section 3.4.5, Attachment E

• One original and one copy of all documents listed above, plus one complete electronic copy on CD or flash drive.

3.4.2 SOQ Cover Sheet (Attachment B)

ODOE RFQ # 21-013 / S-33000-00001501 Page 12 of 15 Energy Service Company (ESCO)

Complete Attachment B, which requests contact information for your firm and its authorized representative(s). The SOQ Cover Sheet also includes a list of representations, attestations and certifications.

3.4.3 Firm Profile (Attachment C)

Complete Attachment C, which gathers information about your firm’s background and organization as well as annual volume and history of providing energy-efficiency related services. The Firm Profile also requests information about legal involvement and financial stability.

3.4.3.1 Insurance and Bonding

Specific insurance and bonding requirements will vary by ESPC project and will be determined by Contracting Agencies when Services are requested. Examples of typical payment and performance bonds, as well as the State’s insurance requirements are included in the sample ESPC Agreement.

3.4.4 Technical Submittal (Qualifications & Approach, Attachment D) The Technical Submittal requests a significant amount of detail related to the categories listed below.

Proposers should follow the outline in Attachment D and provide thoughtful responses to each area.

GENERAL QUALIFICATION

• Personnel Information Identify your Key Personnel, each of your subcontractors and sub-consultants and provide information about their expertise. A general statement that the firm uses suitable subcontractors for each project is not acceptable.

• Project History Discuss your firm’s experience with ESPC projects as requested.

PERFORMANCE CONTRACTING APPROACH

Explain how your firm approaches and manages ESPC projects and provide details, including methodologies and calculations, and pricing and billing information. Include requested work samples for TEA, PDP, and M&V reports.

3.4.5 References (Attachment E)

• Three Projects References

• Proposer shall provide a list of three different Owners for project references that can be contacted regarding the quality of Goods and/or services that the Proposer provided on projects of comparable size and scope.

3.5 CHANGES TO SUBMITTALS

3.5.1 Submittal Modifications

Any Proposer who wishes to make modifications to a SOQ already received by Agency must first withdraw its submittal in order to make the modification. Withdrawals must be made in accordance with Section

3.5.2. The revised submittal may then be resubmitted in accordance with the provisions of this RFQ.

It is Proposer’s responsibility to ensure that modified SOQs are re-submitted. All modifications made to a submittal must be made in ink and must be properly initialed by Proposer’s authorized representative.

Submittals that contain omissions or improper erasures or irregularities may be rejected.

No oral, electronic, telegraphic, telephonic or facsimile modifications will be considered.

ODOE RFQ # 21-013 / S-33000-00001501 Page 13 of 15 Energy Service Company (ESCO)

3.5.2 Submittal Withdrawal

If Proposer wishes to withdraw a SOQ, it must submit a written notice to withdraw, signed by the authorized representative, and submitted to the SPC at the address listed on the cover page of the RFQ.

SECTION 4: EVALUATION AND AWARD

4.1 EVALUATION PROCESS

Agency shall conduct an evaluation of the SOQs received in response to this RFQ, scoring submittals against the Evaluation Criteria, Section 4.2. Materials not requested in this RFQ will not be considered in the evaluation.

Proposers must be available during the evaluation period to respond to requests for additional clarification.

Failure to provide clarification may result in rejection. Any attempt by a Proposer to improperly influence the evaluation process will result in rejection.

4.2 EVALUATION CRITERIA

To become a qualified ESCO, Proposers must pass all of the criteria specified herein. To pass, Proposers must meet all requirements of this RFQ. All Proposers will be notified of the results of their evaluation.

The evaluation procedure will consist of a determination of pass/fail in each of the following areas:

Administrative criteria (PASS/FAIL)

A. Submittal was received prior to the Closing date and time (Section 2.3) B. Submittal contains the correct quantity of copies, in the format requested (Sections 3.2 & 3.3) C. Submittal includes a SOQ Cover Sheet that is signed by Proposer’s duly authorized representative

(Section 3.4.2/ Attachment B) D. Submittal includes a complete Firm Profile (Section 3.4.3/ Attachment C) E. Submittal includes a complete Technical Submittal (Section 3.4.4/ Attachment D) F. Submittal includes required references (Section 3.4.5/ Attachment E)

Financial criteria (PASS/FAIL)

A. Your firm is established and financially stable.

i. Current Ratio is at least 1.75 or Acid ratio is equivalent to 1:1

ii. Debt to Equity Ratio is no more than 2.00

iii. Submittal includes audited annual financial statements for each of the last 3 years

Submittals that meet the administrative and financial requirements listed above will be moved forward for a technical review, during which the evaluation team will consider pass/fail criteria, as well as allocate points as shown below. Proposers must receive PASS for all sections and obtain at least 75% of the available points to be deemed qualified.

Technical criteria (Points Allocated)

Firm Profile (10% of the total available points)

A. Your Firm Profile accurately portrays your firm’s composition and status, and accounts for and explains any sales, mergers or changes in company ownership or company name, rather than blending information from various companies for a consolidated response.

B. Additional points may be awarded for extensive experience or success with ESPCs, including completion of M&V and achieving energy savings guarantees.

ODOE RFQ # 21-013 / S-33000-00001501 Page 14 of 15 Energy Service Company (ESCO)

Technical Submittal

A. Personnel (21% of the total available points)

i. Meets minimum requirements (in Attachment D) and have combination of education and experience that indicate the potential for success with ESPC projects, as determined by Agency.

ii. The Key Personnel for the division or branch office of your firm that will be responsible for

Oregon ESPC projects, has proven success in the management of ESPC projects.

B. Project history (17% of the total available points)

i. Describes all of the ESPCs managed by your firm in the last 3 years. The history includes all of the required information (outlined in Attachment D) related to the projects.

ii. Your firm has a demonstrated history of accurately identifying and implementing projects that result in measured savings that achieve projected savings.

iii. Project References: Firm and Key Personnel references are favorable and help to substantiate your firm’s ability to be successful as an ESCO.

C. Performance Contracting Approach (52% of the total available points)

i. Project approach is reasonable, all-inclusive and would benefit Contracting Agencies. Includes sample project schedule and project flow chart.

ii. Describes approach to technical design and development of TEAs and PDPs. Includes one (1) work sample of a TEA and PDP from the same project.

iii. Describes methodologies and calculations for baselines, energy savings, and cost savings.

iv. Includes description of training program and development of O&M plans.

v. Describes M&V methodology and includes three (3) work samples of M&V reports from distinct projects.

vi. Pricing, billing, and warranty methodology is fair, reasonable, transparent, and sound.

vii. Work Samples Criteria (worth 53% of the total points in this section):

• Represent professional, accurate and reasonable products that include a thorough Facility investigation and description; sound engineering judgment.

• Include detailed energy calculations (and full documentation of those efforts) and the use of standard engineering principles.

• Work samples should demonstrate projects for which measured savings (versus stipulated savings) were actually achieved.

• Additional points may be given for work samples where proposed Key Personnel have performed work or managed the project.

4.3 OUTCOME AND DETERMINATION

Agency will contact Proposers’ authorized representatives to notify them whether their submittal was successful.

Successful Proposers will be offered an ESCO Agreement. Upon execution of an ESCO Agreement, Agency will list the successful Proposer as a qualified ESCO. Once publicly listed, ESCOs are eligible to provide Services through ESPCs as described in and governed by this RFQ and its attachments.

ESCO Agreements allow Contracting Agencies to advertise an RFP to a minimum of three (3) qualified ESCOs on the ODOE list, but do not guarantee selection for ESPC projects.

Proposers that are not deemed qualified under this solicitation may re-apply under future opportunities.

ODOE RFQ # 21-013 / S-33000-00001501 Page 15 of 15 Energy Service Company (ESCO)

SECTION 5: LIST OF ATTACHMENTS

The following attachments are included and incorporated within this RFQ. Some attachments are included to provide information; others must be returned and/ or require the submittal of supporting information (e.g.

financial statements, resumes, etc.), as noted within the attachments.

Attachment A: Sample ESCO Agreement Attachment B: SOQ Cover Sheet Attachment C: Firm Profile Attachment D: Technical Submittal Attachment E: References Attachment F: State of Oregon General Conditions for Public Improvement Contracts