22-187-G Ductile Iron Fittings~1.pdf

Revised 9-6-22 RFP 22-187-G Ductile Iron fittings

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Ductile Iron Fittings

RFP No.: 22-187-G Closing Date: November 29, 2022 Time: 2:00 PM PT

Description: The Eugene Water & Electric Board (EWEB) requests solicitation responses from qualified suppliers interested in providing ductile iron fittings on an as-needed basis.

Purchasing Contact: Sandra Hahn (541) 485-7163 sandra.hahn@eweb.org

Pre-Proposal Conference: NO

This is a COMPETITIVE SEALED PROCUREMENT. NO ELECTRONIC OR FAXED PROPOSALS will be allowed.

SEALED PROPOSALS will be received until the closing date and time noted above by the EWEB PURCHASING OFFICE at:

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted via a Commercial Carrier such as UPS or FedEx, or in person by appointment with the Purchasing Contact.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Request for Proposal process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above, unless otherwise stated. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Contact listed above. EWEB’s official response to any questions or requests will be in writing through direct letters or the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Proposers”

TABLE OF CONTENTS

Section Description Page

Legal Advertisement

1 Instructions to Proposers 4

2 Scope of Work / Technical Specifications 9

3 Minimum Qualifications and Requirements 13

(MS Word version also included)

4 Evaluation Process & Contractor Selection 15

5 Evaluation Criteria (MS Word version also included) 20

6 Proposal Form 24

ATTACHMENTS

C Recycled Products /Sustainability Questionnaire

FORMS

#1 Pricing Bid Form (Excel version also included)

EXHIBITS

#1 Sample Contract with Attachment A Standard Terms and Conditions (MS Word version also included)

LEGAL ADVERTISEMENT

RFP #22-187-G

The Eugene Water & Electric Board (EWEB) requests proposals from suppliers providing ductile iron fittings on an as-needed basis for water distribution, primarily for Eugene, OR.

Proposals shall be submitted to Sandra Hahn, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 2:00 PM, November 29, 2022. Proposals will not be accepted after this hour and date.

RFP documents may be obtained by downloading the RFP documents from the State of Oregon's bid site ("OregonBuys"): https://oregonbuys.gov/bso/. (Search for bid # S-P00140-00004827. For navigation help, please call 1-855-800-5046.)

All proposals shall be submitted as set forth in Section 1 - Instructions to Proposers. EWEB is not responsible for proposals submitted in any manner, format or to any delivery point other than as required by the Solicitation Document.

No proposal may be withdrawn after the hour set for the opening thereof until the elapse of thirty (30) days from the date and time set for opening.

EWEB reserves the right to waive any or all informalities and irregularities (EWEB Rule 3-0470) and may cancel the Request for Proposals or reject any or all proposals pursuant to EWEB Rule 3-0640.

Date: October 31, 2022

Sandra Hahn, Purchasing Contact https://oregonbuys.gov/bso/

1. INSTRUCTIONS TO PROPOSERS

All proposals and contracts are subject to the provisions and requirements of the Oregon Revised Statutes 279A and 279B and EWEB Public Contracting Rules Divisions 1, 2, 3 and 6.

INFORMATION OF RECORD

The official source of information for this project until the Intent to Award is posted is located at the State of Oregon's bid site, located at: https://oregonbuys.gov/bso/. IT IS THE SOLE RESPONSIBILITY OF THE

PROPOSER TO CHECK THE WEBSITE ON A TIMELY BASIS.

PROPOSAL PREPARATION

EWEB’S environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, EWEB encourages the Proposer to submit their response using materials (i.e. paper, dividers, binders, brochures, supplemental information, etc.) that contain postconsumer recycled content, are readily recyclable, and to avoid use of PVC and plastic. Proposers are responsible for all costs they may incur in connection with submitting a Proposal.

1.1 PROPOSAL FORMAT

Proposals shall be typewritten or prepared in ink and shall be submitted on the form provided in the Request for Proposals.

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments shall be submitted with the proposal and in the required format.

1.3 PROTEST OF REQUIREMENTS OR SPECIFICATIONS

Protest of Specification - A Proposer who believes that the procurement process is contrary to law, or that the solicitation is unnecessarily restrictive in that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of EWEB, or that the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or that the solicitation improperly specifies a brand name as defined in ORS 279B.200, may submit a protest, in writing to:

Eugene Water & Electric Board, RFP SPECIFICATION PROTEST, RFP # 22-187-G, November 29, 2022 Attn: Sandra Hahn, Purchasing 4200 Roosevelt Blvd.

Eugene, Oregon 97402 or via email to sandra.hahn@eweb.org.

If by email, insert the following in the subject header: RFP SPECIFICATION PROTEST, RFP #22-187-G

To be considered, protests shall be received no less than 5 business days before the RFP closing date (EW-

3-0700(2)).

Protest of specifications shall include the reason for protest, any and all evidence and documented factual information that supports Proposer’s protest, and any proposed changes to the requirements. The EWEB Purchasing department shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via Addenda to all Proposers. Proposers must exhaust all administrative remedies before seeking judicial review.

mailto:sandra.hahn@eweb.org

1.4 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b) Proposers may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions in the Sample Contract (Exhibit 1). Proposers may not protest or make a request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL

TERMS AND CONDITIONS MAY BE MADE AT TIME OF PROPOSAL SUBMISSION. THERE MAY BE NO

OPPORTUNITY TO DO SO AT A LATER DATE.

NO PROPOSED TERMS OR CONDITIONS SHALL BECOME A PART OF THE AWARDED CONTRACT UNLESS

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.5 SIGNATURE ON PROPOSAL

Proposals shall be signed by an authorized representative of the Proposer. Signature on a proposal certifies that the proposal is made without connection with any person, firm or corporation making a proposal for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a proposal also certifies that the Proposer has read, fully understands, and agrees with all solicitation requirements, terms, and conditions. No consideration will be given to any claim resulting from proposing without fully comprehending all requirements of the Request for Proposals.

Proposers shall only enter information within the proposal document where it is requested or required.

Proposers shall NOT make any alterations to the original solicitation document. Any proposal that has been altered may be rejected.

1.6 CANCELLATION, REJECTION, DELAY OF RFP

Pursuant to Rule 3-0640, EWEB may cancel, reject in whole or in any part of any proposals, without liability incurred by EWEB at any time after issuing an RFP, if EWEB believes it is in EWEB’s interest to do so.

1.7 RESERVED

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(A) Sealed Proposals containing a minimum of one (1) original signed proposal response, including any

Addenda to be acknowledged, and one (1) electronic copy (one combined pdf on a flash drive), shall be received and date/time-stamped by the EWEB Purchasing department prior to RFP closing. To ensure that your proposal receives priority treatment within our mailing system, it should be labeled with the following information:

RFP # 22-187-G, November 29, 2022, 2:00 PM

Eugene Water & Electric Board/Purchasing 4200 Roosevelt Blvd.

Eugene, OR 97402

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted via a Commercial Carrier such as UPS or FedEx, or in person by appointment with the Purchasing Contact.

Proposals received after the closing date and time will not be considered and may be rejected. EWEB is not responsible for proposals submitted in any manner format or to any delivery point other than as required by the Solicitation document.

(B) REQUIRED PROPOSAL PACKAGE

Complete, sign, and return the following documents as bid response. Failing to include these documents could lead to rejection of bid.

• Cover Sheet, with:

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation and the Sample Contract (Exhibit 1). Statement may also include request for negotiation of proposed terms and conditions as allowed per Section 1.4

Termination for Default: Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of Proposer’s past performance.

• Proposal Form (Section 6)

• Form #1 – Pricing Bid Form

• Manufacturer’s Most Current Price List at Time of Proposal

• Response to Minimum Qualifications (Section 3)

• Response to All Evaluation Criteria (Section 5)

• Completed Attachment C – Recycled Products / Sustainability Questionnaire

• Electronic Flash Drive Copy – Combine all documents in one pdf file

(C) RESPONSIVENESS / RESPONSIBILTIY

A “Responsive” proposal is a proposal that substantially complies with the Request for Proposals instructions and requirements.

A “Responsible” Proposer can demonstrate ability to meet the requirements of the Scope of Work, has the appropriate experience, is legally qualified to do the Work, has the required certifications required, has a satisfactory record of integrity and can meet the other requirements described in ORS 279B.110(2).

1.9 ADDENDA

Any VERBAL communication cannot and shall not be construed as approval of the acceptability of any deviation to any requirement. All changes to requirements and/or the solicitation documents will be made in the form of Addenda. The Proposer is responsible for ensuring that all Addenda have been downloaded and are acknowledged in their RFP Response.

All Addenda can be obtained electronically at the State of Oregon's bid site ("OregonBuys"):

https://oregonbuys.gov/bso/. As a courtesy, EWEB will send Addenda to registered Proposers via e-mail.

https://oregonbuys.gov/bso/

1.10 PROPOSAL MODIFICATION

Modifications or erasures made before proposal submission shall be initialed by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers may not modify proposals after RFP closing date and time.

1.11 PROPOSAL WITHDRAWALS: Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the EWEB Purchasing Office prior to RFP closing time. Proposals may also be withdrawn in person before RFP closing time upon presentation of appropriate identification.

1.12 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.3

PROTEST OF REQUIREMENTS OR CONTRACT TERMS / REQUEST FOR CHANGE. Exceptions submitted with your proposal, or in any manner other than the process provided herein, may cause your proposal to be ruled non-responsive and rejected.

1.13 ALTERNATE PROPOSALS

Proposers may submit more than one proposal. All proposals must comply with the requirements of the RFP except that additional proposals may incorporate, by reference, repetitive information which is provided in the complete proposal.

1.14 PROPRIETARY DATA/PUBLIC RECORD

This Request for Proposal, together with copies of all documents pertaining to the award of a contract, shall be kept by EWEB and made a part of a file or record which shall be open to public inspection. If a proposal contains any information that is considered a trade secret under ORS 192.345(2), each sheet of such information shall be marked with the following legend:

"This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192."

The Oregon Public Records Law exempts from disclosures only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance" ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

The above restriction may not include cost or price information, which shall be open to public inspection.

SCHEDULE OF EVENTS

1.15 The schedule of events set out herein represent Eugene Water & Electric Board’s best estimate of the schedule that will be followed.

Request for Proposal released October 31, 2022

Last day for EWEB to receive questions from Proposers November 21, 2022

Last day EWEB will post Addenda November 23, 2022

Closing date (last day to submit proposals to EWEB) November 29, 2022

Responses evaluated December 13, 2022

Intent to Award Announcement December 14, 2022

Board Approval February 7, 2023

Contract Award February 9, 2023

2. SCOPE OF WORK / TECHNICAL SPECIFICATIONS

(Please note that this section will be used in the final Contract and revised to include any final terms, as a result of final Contract negotiations.)

SCOPE OF WORK

2.1 BACKGROUND /OBJECTIVES

The Eugene Water & Electric Board (EWEB) requires ductile iron fittings for use in EWEB’s water distribution system. The Contractor shall provide all fittings in strict accordance with the contract specifications. All fittings shall be new, unused, current production model. No prototype components shall be used.

EWEB intends to award a Contract to a Primary and Secondary Contractor. EWEB foresees that most orders will be placed with the Primary but will source from the Secondary Contractor if the Primary Contractor’s delivery is further out or if the Secondary’s pricing is lower at the time. EWEB makes no guarantee of the actual quantity of product that will be purchased over the five-year period and further reserves the right to purchase product from other sources if in EWEB’s best interest.

2.2 LENGTH OF CONTRACT.

The contract for this project (“Contract”) will automatically renew each year and, unless terminated before the commencement of the next yearly term, will last approximately 5 years from the date of Contract execution.

2.3 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Contractor’s business location and will generally be delivered at EWEB’s Operations Center at 4200 Roosevelt, Eugene, Oregon, 97402.

EWEB WILL NOT provide workspace for the Contractor. The Contractor must provide its own workspace.

2.4 ADDITION OF PRODUCT

Contractor will make available to EWEB products that have been added to the product line by the manufacturer. These new products will be available at the same discount consistent with current items available under the Contract.

2.5 DELETION OF PRODUCT

EWEB reserves the right to remove any product that has demonstrated to be unsatisfactory under the Contract and purchase replacement product from alternative sources. Upon EWEB’s determination that a product under the Contract is unsatisfactory, EWEB will notify Contractor upon discovery and remove the product from the Contract.

2.4 ORDERS

Orders will be placed by EWEB on an as-needed basis.

2.5 PACKAGING

All shipments of product shall be delivered on wooden pallets. Deliveries in crates or any alternative packaging will not be accepted.

2.5 SHIPPING TERMS

ALL products ordered by EWEB under this Contract shall be FOB Destination with all associated shipping and handling charges paid by Contractor UNLESS EWEB requests expedited or special shipment, in which case, Contractor shall invoice the difference between the expedited and regular freight. NO OTHER SHIPPING

CHARGES SHALL BE INVOICED, WITHOUT EXCEPTION. Responsibility for loss or damages shall remain with Contractor until final inspection and acceptance by EWEB.

Shipping Destination: Delivery shall be made as follows:

Eugene Water & Electric Board Roosevelt Operations Center 4200 Roosevelt Blvd.

Eugene, Oregon 97402

2.5 DELIVERY

Delivery Windows:

1. General Delivery Timeframe: (TBD)__ business days from Required Date on PO.

2. Lead Times Outside the General Delivery Timeframe: (TBD)

3. Purchase Order Acknowledgement/Confirmation: Lead times will be noted on the PO as the “Required Date”. Contractor will complete delivery within the Required Date stated on each purchase order unless otherwise negotiated for combined shipments. Contractor will acknowledge and confirm delivery lead time the same day the PO is emailed to Contractor. If delivery cannot be met within the stated order period, Contractor will notify EWEB the same day. EWEB reserves the right to cancel any orders that cannot meet delivery requirements and seek alternative sources in these instances. Repeated failure to meet the delivery requirements may result in Contract termination.

4. Delivery hours: 9:00 A.M. - noon or 1:00 P.M. – 3:00 P.M., Monday through Thursday, excluding EWEB observed holidays. Due to traffic congestion, early arrivals will not be permitted. Please ensure that the transport driver does NOT park at the EWEB facility before delivery hours.

2.6 LONG LEAD ITEM MAINTENANCE

A. EWEB will review their Pricing Bid Form with the Primary Contractor for any items that have longer lead times than normal (“Long Lead Items”). The PRIMARY Contractor will maintain and store 3 to 6 months usage at manufacturer’s facility(s) at all times and such items will be proprietary to EWEB.

B. The Key Items are to be maintained at Contractor’s [to be filled in later] facility.

C. EWEB reserves the right to inspect and audit Key Item inventory at Contractor’s facility with 2 business days’ notice up to 4 times each year of the Contract (Each year will begin with Contract execution date or the anniversary date of Contract execution.

D. If the awarded Contractors are not awarded a Contract for the five-year term AFTER this one, EWEB agrees to purchase any remaining stock that Contractor does not wish to retain.

2.7 TECHNICAL SPECIFICATIONS

A. FITTINGS

All ductile iron fittings shall comply with the following:

Identifying Markings: Ductile iron fittings shall have distinctly cast upon them the manufacturer’s identification, pressure rating, nominal diameters of openings, and (on all bends) the number of degrees or fractions of the circle.

Minimum PSI: 250 Psi minimum design working pressure;

Standards: Manufactured in accordance with AWWA C110/ANSI A21.10 or AWWA C153/ANSI 21.53.

Smaller Fittings: All ductile iron fittings 24-inch and under, where applicable, shall be of compact design conforming to AWWA C110, AWWA C104, and AWWA C153.

Flange Fittings Flanges shall be drilled in accordance with ASME B16.1 Class 125. Flange faces shall have shallow serrations. Flange bolt holes shall be spot-faced. Ductile iron flanges shall comply with AWWA C110, C115, C150 with ASME 16.1, class 125 drilling and ANSI 21.15.

Flange Pack Kit Packaging All items for each flange pack kit shall be in a heat-sealed clear plastic bag. No loose items will be accepted.

Mechanical Joint Fittings Mechanical Joints with Joint Restraint: Comply with AWWA C600. Mechanical joint with a gasket, follower gland, tee head bolts with nuts and individually actuated wedges or mechanical joint with a gasket (gasket provides the necessary restraint in accordance with ASTM A536 Grade 70-50-05) and follower gland that increases the resistance to pull-out as pressure or external forces increase.

Restraint Mechanical Joint Retainer Glands

1. Mechanical joint retainer glands shall be cast from ductile iron and shall have bolt circles, bolt holes, and sufficient ID clearance which will permit the glands to be used with standard mechanical joint bells.

2. Glands shall be designed to permit their greatest holding power when installed with 70 foot-pounds to 120 foot-pounds of torque on the twist off nuts.

3. Set screws shall have sufficient shock resistance to perform the tasks for which they are intended.

With bolts and set screws tightened per AWWA specifications, no further restraining will be necessary unless working pressure is greater than that recommended by the manufacturer.

4. Wedging mechanism shall be manufactured of ductile iron and heat treated.

5. The assembled joint shall maintain its flexibility after burial and shall maintain its integrity by a controlled and limited expansion of each joint during the wedging action.

6. Glands must meet AWWA C111 and AWWA C153 current specifications unless otherwise specifically noted. Glands should also be rated for working and test pressures with either Underwriters Laboratory, Factory Mutual or both.

7. Unless otherwise stated, all glands are to be ductile iron conforming to AWWA C111. Ductile iron glands with reduced flange thickness between the bolt holes (14-inch through 48-inch only) must meet the performance requirements specified in AWWA C111

B. GASKETS

All gaskets and fittings shall conform to manufacturer specifications. Restraining gaskets may be used through 24" size unless otherwise stated. Conform to AWWA C111/ANSI 21.11.

Flange gaskets: Full face, 1/8-inch thick red rubber.

C. LINING AND COATING

Fittings shall be coated inside with approved epoxy or cement mortar with an asphaltic seal coat conforming to AWWA C104/A21.4. and coated outside with an approved epoxy or a bituminous coating at least 1 mil thick, as noted in AWWA C110/ANSI A21.10. Upon request fittings shall be provided with an AWWA approved, NSF certified, fusion bonded epoxy coating and lining. Supplier may quote a surcharge for this coating but shall not charge additional shipping or handling fees.

D. BOLTS

Flange bolts: 304 or 316 stainless steel.

All other bolts: Corrosion resistant high-strength low alloy steel.

E. COUNTRY OF ORIGIN

Occasionally, EWEB may have need for goods produced in the United States. Upon EWEB request, Contractor shall provide a pricing quote and estimated delivery for US manufactured fittings. Shipping terms will remain FOB Destination and no additional fees will be imposed.

F. SPECIAL REQUIREMENTS – COMPACT MECHANICAL JOINT

Note: Only compact fittings are allowed, per the following:

1. Fittings shall be ductile iron conforming to AWWA C110, C104, and AWWA C153.

2. Ductile iron mechanical joint fittings shall be rated for 350 psi working pressure.

3. Fittings shall be capable of withstanding, without bursting, hydrostatic test pressures of three times the rated working water pressure in conformance with Section 4.2.4 of AWWA C110.

4. Ductile iron used in the fittings shall have a minimum tensile strength of 70,000 psi, a minimum yield strength of 50,000 psi, and a minimum elongation of five percent.

3. MINIMUM QUALIFICATIONS (PASS/FAIL)

Following are the Minimum Qualifications that shall be met by all Proposers.

Only Proposers that meet all of the Minimum Qualifications will be evaluated on the content of their response to scored Evaluation Criteria (Section 5) where point values shall be awarded. EWEB does not pre-qualify Proposers; your proposal must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

The following criteria will be considered on a pass or fail basis. Each criterion must pass in order for a proposal to be reviewed and scored by the evaluation team. Proposers shall respond to each of the Minimum Qualifications and Requirements in writing, in a brief and concise manner.

A. Requirements

1. Proposer must have been in business producing ductile iron fittings, flange fittings, mechanical joint fittings, gaskets and other related items for at least 10 continuous years and must be capable of providing at least $1 million worth of product over 5 years to new customers.

2. Proposer should not have had a contract terminated for default or breach in the last 5 years.

Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

3. Warranty – If awarded, Proposer must provide a warranty to EWEB that any goods furnished will operate and function in the manner represented by Contractor and will achieve the performance stated in the material specification, when operating within the design conditions described therein. The goods furnished will be free from defects in material and workmanship and Proposer will agree to repair or replace any pipe that is unsuitable for operating or fails in operation during normal and proper use, including all parts and labor, at no cost to EWEB.

EWEB requires a minimum warranty period of eighteen (18) months after the date of receipt unless Proposer routinely and normally offers an extended period beyond the eighteen months, which extended period shall apply to this Contract.

B. Submittal of Proposer Qualifications

Please provide the following information in an individual document labeled “Minimum Qualifications”.

1. Company Information

a. Indicate whether Proposer is a sole proprietor, partnership, LLC, corporation or other (specify).

b. Indicate how many years Proposer has been in continuously been in business.

c. Indicate the number of years Proposer has had experience manufacturing and continuously shipping ductile iron fittings, flange fittings, mechanical joint fittings, gaskets and other related items comparable to that required by the Contract documents and valued at a minimum of $200,000 per year to any customer organization.

d. Indicate any other product/service provided by Proposer, if any.

2. Indicate whether Proposer has had a contract terminated for default or breach (as described in item A.2 above) in the last 5 years.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details, including the other party’s name, address, and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of Proposer’s past performance.

4. EVALUATION PROCESS & CONTRACTOR SELECTION

EWEB intends to use a Single-tier evaluation process where award is based on written evaluation response and price. Further details follow.

The total number of points possible for written proposals is 200.

Points are assigned as follows:

Criteria Total Possible Points

Minimum Qualifications Pass/No Pass only Ability to Provide Timely Delivery 50 Ability to Meet EWEB Terms 40 Pricing Stability Management 40 Pricing Proposal 70

TOTAL POSSIBLE SCORE 200

4.1 Review and Acknowledgment of Defective Proposals

Due to limited resources, EWEB generally will not completely review or analyze proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will EWEB generally investigate the references or qualifications of such proposals. Therefore, EWEB will not acknowledge whether or not an unsuccessful proposal was complete, responsive, responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are established and required by Oregon law and EWEB adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in the RFP documents and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

4.2 Right of Rejection

Proposers must comply with all of the terms of the RFP, EWEB Rules, and all applicable local, state, and federal laws, administrative rules, and regulations. The Purchasing Contact may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Proposers may not make stipulations or restrict the rights of EWEB. If an Proposer does so, the Purchasing Contact may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

The Purchasing Contact may waive minor informalities that:

• do not affect responsiveness,

• are merely a matter of form or format,

• do not change the relative standing or otherwise prejudice other offers,

• do not change the meaning or scope of the RFQ/RFP,

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or,

• do not constitute a substantial reservation against a requirement or provision, EWEB reserves the right to refrain from making an award if it determines that to be in its best interest.

A proposal from a debarred or suspended Proposer shall be rejected.

4.3 References

EWEB reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent’s successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers.

EWEB reserves the right to check any and all sources for information and to include sources other than the references provided in the Proposer’s proposal. EWEB may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents, including past experience EWEB has had with the Proposer.

4.4 Responsibility

EWEB reserves the right to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Proposer’s responsibility for performing the Contract, as defined in Rule 3-0500. Submission of a signed proposal shall constitute approval for EWEB to obtain any information EWEB deems necessary to conduct the evaluation. EWEB reserves the right to request additional information or documentation from the successful Proposer prior to award of a contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in the rescission of EWEB’s Intent to Award.

EWEB may postpone the award of the Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

4.5 Clarification of Response

EWEB reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. All requests for clarification and responses shall be in writing.

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of that Proposer’s Proposal.

4.6 Evaluation Process

A single-tiered process will be used for this RFP. Written proposals will be evaluated; scoring and Contract award will be based on Proposers qualifications, delivery capabilities, and pricing.

Pursuant to Rule 3-0230(14)(d), EWEB may employ methods of Contractor selection that include without limitation:

(A) An award or awards based solely on the ranking of proposals;

(B) Discussions leading to best and final offers, in which EWEB may not disclose private discussions leading to best and final offers;

(C) Discussions leading to best and final offers, in which EWEB may not disclose information derived from proposals submitted by competing Proposers;

(D) Serial negotiations, beginning with the highest ranked Proposer;

(E) Multiple-tiered competition designed to identify, at each level, a class of Proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked Proposers;

(G) Any combination of methods described in this Section.

4.7 RESERVED

4.8 Contractor Selection

If a Contract is awarded, EWEB shall award the Contract to the responsible Proposer whose proposal EWEB determines in writing to be the most advantageous to EWEB based on:

a) The evaluation process and evaluation factors described in this Request for Proposals;

b) Any applicable preferences allowed by EWEB Rules, Division 2; and when applicable,

c) The outcome of any negotiations authorized by this Request for Proposals

If this Request for Proposal specifies or authorizes the award of multiple public contracts, EWEB shall award public contracts to the responsible Proposers who qualify for the award of a Contract under the terms of this Request for Proposals.

The firm or firms with the highest total score as a result of written proposal/pricing scoring will be awarded the Contract.

4.9 Notice of Intent to Award

After the completion of the evaluation and final ranking, the Purchasing Contact will issue a written notice of Intent to Award and send copies to all Proposers. The notice will set out the names and ranks of all Proposers and identify the Contractor selected for award (“Highest Ranked Proposer” or “Finalist”).

4.10 Factory Tour of Finalist (Optional to EWEB)

EWEB may opt to visit and inspect one or any of the manufacturing plants of the Finalist’s suppliers, especially if EWEB has never conducted business with them. If conducted, the final Contract award will be based on a Pass/Fail basis of the inspection.

Proposer, along with a manufacturer's representative (if not the same) must be prepared to tour the factory with EWEB within 10 days of request by EWEB. EWEB must be allowed to observe all areas of operation related to the product specifications stated in this RFP to validate Proposer’s ability to meet the requirements of the Contract, if awarded.

If, as a result of the subsequent factory inspection, EWEB is not confident in Proposer’s ability to meet the requirements of the Contract, EWEB reserves the right to rescind its notice and reject Proposer’s proposal.

4.11 Contract Negotiation

Upon announcement of Intent to Award, EWEB will begin negotiating a Contract (refer to Exhibit #1 Sample Contract) with the Highest Ranked Proposer and shall direct negotiations toward obtaining written agreement on:

a) The Statement of Work;

b) The Contract price as it is affected by negotiating the Statement of Work; and

c) Any other terms and conditions reasonable related to those expressly authorized for negotiation in

Sections 1.3 and 1.4 of the Request for Proposal.

A sample contract (Exhibit #1) is attached for Proposer reference.

At any time during discussions or negotiations, EWEB may terminate such discussions or negotiations with the highest-ranked Proposer if it reasonably believes that:

a) The Proposer is not discussing or negotiating in good faith; or

b) Further discussions or negotiations with the Proposer will not result in the parties agreeing to the terms and conditions of a final Contract in a timely manner.

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest ranked Proposer and continue the process until EWEB has determined to award the Contract to the Proposer with whom it is currently discussing or negotiating. If negotiations with any Proposer does not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may reject all proposals and cancel the RFP. Nothing in the rule precludes EWEB from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

4.12 Protests and Judicial Review of Competitive Bidding and Proposals Pursuant to Rule 3-0740, a bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if the bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and the reason for the protest is that all higher ranked proposals are nonresponsive; EWEB has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials; EWEB has abused its discretion in rejecting the protestor’s proposal or proposal as nonresponsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures will not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers.

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the

Contract. EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Contact listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

c) Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered. Protests based on procedural matters will not be considered.

d) EWEB’s Purchasing Supervisor will review the protest and will email or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email or postal address provided in Proposer’s proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’s determination (response) by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Supervisor’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall email or mail, the protesting party a written response within three (3) business days of receipt of written appeal to the email/postal address provided in Proposer’s RFP response,

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing Supervisor and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

An adversely affected or aggrieved Proposer must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Contractor selection or Contract award decision.

5. EVALUATION CRITERIA

Instructions - Include in your proposal package a response to the following questions directly into the MS Word version of this section included in this . Failure to respond to one or more questions could lower total score or cause the response to be deemed Non-Responsive and rejected.

5.1 Ability to Manage Delivery (50 points possible)

A. What general lead time can your company contractually commit to for delivery to EWEB in Eugene, OR.

for most of the items listed on the Pricing Bid Form (Form #1) from the date PO is emailed to your office?

GENERAL LEAD TIME: _____ (# of business days)

B. Please list the (few) items by EWEB stock code # that require different lead times, if any, and state how many business days are required for delivery from the date PO is emailed to your office? (Add additional items if necessary.)

Points are higher when fewer exception items are listed.

Stock Code # # Days Lead Time Required

1.

2.

3.

4.

5.

C. Provide a detailed discussion of specific measures your company will take to help ensure EWEB receives its deliveries in a difficult supply chain environment. Include a discussion of container shortages, overseas challenges, and other problems experienced since year 2020.

D. Discuss any warehousing strategies your company utilizes that can improve delivery efficiencies for the customer.

E. Discuss your company’s ability to substitute other brands that can meet EWEB specifications (with EWEB approval) if urgently needed.

LONG LEAD ITEMS

F. During the Negotiations phase after the Intent to Award has been announced, EWEB will review their

Pricing Bid Form with the Proposer selected as the Primary Contractor for any items that have longer lead times than normal (“Long Lead Items”). The Primary Contractor will maintain and store 3 to 6 months EWEB usage at manufacturer’s facility at all times and will be proprietary to EWEB. If the awarded Contractors are not awarded a Contract for the five-year term AFTER this one, EWEB agrees to purchase any remaining Long Lead Item stock that Contractor does not wish to retain.

Proposer can provide this vital service for EWEB under this Contract:

Yes No

Comments/Explanation:

G. The Long Lead Items are to be maintained at manufacturer’s facility nearest Eugene, Oregon.

If Proposer is willing to provide Long Lead Item storage for EWEB, please list the name(s) of manufacturer(s) and the city(ies) where their facility nearest Eugene is located.

H. EWEB reserves the right to inspect and audit Long Lead Item inventory at Contractor’s facility with 2 business days’ notice up to 4 times each year of the Contract (Each year will begin with Contract execution date or the anniversary date of Contract execution.

Proposer can provide this service:

5.2 Ability to Meet EWEB Terms (40 points possible)

Please review Section 2 Scope of Work and Exhibit #1 Sample Contract with Attachment A Standard Terms & Conditions. Indicate any proposed revisions using MS Word Tracking or comments next to the clause.

Revisions and clause revised must be easily read and identified. Points will be subtracted from total points possible depending on number of revisions proposed (especially to Attachment A) and degree of changes proposed.

.2 Stability of Pricing (40 points possible)

PLEASE NOTE: PROPOSERS SHOULD CAREFULLY CONSIDER AND STRATEGIZE PRICING AND TERMS THAT CAN BE ADHERED TO IN A VOLATILE SUPPLY ENVIRONMENT IN ORDER TO AVOID THE NEED TO ASK FOR MORE THAN ONE PRICE INCREASE PER YEAR. IT IS EWEB’S INTENTION FOR BOTH PARTIES TO AGREE TO ADHERE TO THE FINAL CONTRACT TERMS OVER THE 5-YEAR TERM PERIOD. EWEB SEEKS PARTNERSHIPS WITH CONTRACTORS WHO ARE NOT ONLY AWARE OF THE POTENTIAL OF RANDOM PRICE INCREASE

REQUESTS, BUT WHO CAN PROFESSIONALLY AND PROACTIVELY STRATEGIZE AND MANAGE THEM.

A. Please discuss your company’s strategies and tactics to stabilize and maintain original contracted pricing.

B. For each of the following terms, please confirm that your company can include them in the awarded Contract by check marking the “Yes” box. Include any comments below if helpful. Points are based on Proposer’s ability to meet the terms as provided below. A check mark in the “No” box, proposed revisions, and/or elimination of terms will result in point deduction. EWEB reserves the right to negotiate these items further with any Finalist named in an Intent to Award notice.

1. Pricing

a. A universal discount percentage from the manufacturer’s suggested retail price list shall be applied to all items ordered by EWEB, including those shown on the Pricing Bid Form (Form #1) AND any special orders (items that are not listed on the Pricing Bid Form) placed.

Yes No Yes, with a few exceptions

b. Invoices shall always reflect prices in effect on the date the EWEB Purchase Order was issued to Contractor.

2. Requested Price Increases

a. Contractor agrees that no price increases will be requested for the first 12 months of the Contract.

b. Contractor will guarantee no more than one price increase request for every 12-month period under the Contract term.

Changes in prices/discounts may be made at any time during the 12-motnh period and then only in the same proportional amount that changes have occurred on the manufacturer's latest published price list. (Example: Manufacturer raises price 2%. Requested price increase will be no more than 2% etc.)

The manufacturer’s most recent retail price list must accompany the written request for price change.

All information regarding any proposed price or discount change shall be submitted to EWEB in writing. EWEB shall have the right to accept or reject any or all of the proposed change(s). If the price change request is accepted, any new prices shall become effective on the date the amendment to the Contract is signed by both parties

3. Price Decreases

a. A copy of the manufacturer’s most recent suggested retail price list, including all EWEB contracted items, will be provided no later than 90 days after Contract execution and thereafter, every 90 days for the life of the Contract (whether pricing has changed or not.)

[Dates to be inserted at time of final Contract draft.]

b. Contractor guarantees a decrease in the same proportional amount of any price decreased on the manufacturer’s most currently released retail price list each quarter of the Contract term.

5.3 Pricing Proposals (70 points possible)

NOTE: Estimates Not Binding – Form #1 Pricing Bid Form lists the estimated five-year usage for ductile iron fittings (Column I ), however, any such estimates are for bidding purposes. EWEB makes no guarantee of the actual quantity of product that will be purchased over the five-year period and estimated quantities shall not be construed as a guarantee.

A. Submit Pricing Bid Form (THIS ITEM SCORED) - After filling out the line items in columns E through H on the MS Excel version of the Pricing Bid Form (Form #1) included with this RFP, a total sum of all line items will be indicated at the bottom of the document. This will be your total cost proposed. Total points for cost will be determined according to the following formula:

A = Total Possible points = 70 L = Lowest cost proposed X = Cost being scored B = Awarded Score

Formula: "L" divided by "X" times "A" = "B"

Example: If A = 200 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 60 = 47 points

Pricing score will be decreased by 10% if Proposer cannot contractually guarantee item 5.B.2(A)(2)(a), where price can be guaranteed for first 12 months, as indicated by Proposer’s response to that item.

Pricing score will be decreased by 20% if Proposer cannot contractually guarantee item 5.B.2(A)(2)(b), where no more than one price increase per year will be contractually guaranteed, as indicated by Proposer’s response to that item.

Pricing score will be decreased by 30% if Proposer cannot contractually guarantee either item 5.2(A)(2)(a) or (b), as indicated by Proposer’s response to those items.

B. Submit most current Manufacturer’s Retail Price List. Attach a copy of the most recent manufacturer’s suggested retail price list.