22-199-G CS Carmen-Smith Campus Homes.pdf

Rev 9-6-22 RFP #22-199-G Carmen-Smith Campus Homes

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Carmen-Smith Campus Homes

RFP No.: 22-199-G Closing Date: NOVEMBER 2, 2022 Time: 2:00 PM PST

Description: Purchase of two new, move-in-ready manufacture red homes, to be delivered the project site.

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

Legal Advertisement

1 Instructions to Proposers

2 Scope of Work / Technical Specifications

3 Minimum Qualifications and Requirements

4 Evaluation Process & Contractor Selection

5 Evaluation Criteria

6 Proposal Form

ATTACHMENTS

C Sustainability Questionnaire

The following are not PDF files and are attached separately:

FORMS

1 Excel Checklist Form for Each Lot/Model Submitted

EXHIBITS

1 Sample Contract with Attachment A Standard Terms and Conditions

LEGAL ADVERTISEMENT

RFP #22-199-G

CARMEN-SMITH CAMPUS HOMES

The Eugene Water & Electric Board (EWEB) requests proposals from manufactured homes companies interested in providing two new, move-in-ready manufactured homes, to be delivered the project site.

Proposals shall be submitted to Sandra Hahn, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, by 2:00 pm, NOVEMBER 2, 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-P00140-00004595.) 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 5, 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 # 22-199-G, November 2, 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 22-199-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 MS Word Sample Contract (Exhibit 1). Proposer may show proposed changes by using Word Track Changes tool or providing using Word Comments.) 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 #22-199-G, NOVEMBER 2, 2022, 2:00 pm

Eugene Water & Electric Board/Sandra Hahn, Purchasing Dept.

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)

• Response to Minimum Qualifications (Section 3)

• Response to All Evaluation Criteria (Section 4)

• Electronic copy, as detailed in Section 1.8(A)

(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 per Lot. 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 5, 2022

Last day for EWEB to receive questions from Proposers October 25, 2022

Last day EWEB will post Addenda October 27, 2022

Closing date (last day to submit proposals to EWEB) November 2, 2022

Responses evaluated November 17, 2022

Intent to Award Announcement November 23, 2022

Negotiations Finalized December 8, 2022

Board Approval January 3, 2023

Contract Award January 5, 2023

Required Delivery Date August 1, 2023

2. SCOPE OF WORK / TECHNICAL SPECIFICATIONS

2.1 BACKGROUND /OBJECTIVES

The Eugene Water & Electric Board (EWEB) requests quotes (“Quotes”) for the furnishing of the labor, materials, and equipment for manufacturing, transportation, delivery, set-up, and cleaning of two new, move-in ready manufactured homes to the project site, as required in the solicitation documents for this project. Manufactured homes shall meet all applicable building codes, specialty building codes, and requirements of the local municipality.

Site preparation shall be completed by Owner or Site Contractor under separate contract. Site preparation includes concrete strip runner foundation and backfill, tie-downs, skirting, under-floor hook-ups for sanitary sewer, domestic water, and electric, gutters and downspouts, and concrete sidewalk.

Site location: 59723 McKenzie Hwy, McKenzie Bridge, OR 97413, Linn County.

2.2 LENGTH OF CONTRACT.

The contract for this project (“Contract”) will start from the date of award, approximately January 5, 2023, and will last until primary delivery date of equipment below.

2.3 PRIMARY DELIVERY DATE OF EQUIPMENT

August 1, 2023. EWEB may request a delay of delivery of up to 4 months if site preparations have not been completed.

2.4 LOCATION OF WORK

The location that the deliverables are to be delivered and installed is:

59723 McKenzie Hwy, McKenzie Bridge, OR 97413, Linn County.

2.5 SCOPE OF WORK

Contractor to provide the labor, material, equipment, supplies, training etc. needed to manufacture and deliver manufactured homes to EWEB’s site, per the negotiated and finalized specifications under the awarded Contract.

2.6 TECHNICAL SPECIFICATIONS (Goods)

The “Technical Specifications” follow on the next page. After a bidder has been selected, EWEB may choose to add any options available as part of the final deliverables.

Minimum Specifications for Manufactured Homes

LOT A - Three Bedroom Home

GENERAL:

• Minimum 3 bedrooms, 2 bathrooms

STRUCTURAL:

• 125 psf design snow load

• 2x6 exterior wallstuds 16” oc

• 2x6 floor joists 16” oc

• 5/8” floor decking

• Metal drip edge

• R-30 Ceiling insulation

• R-22 floor insulation

• R-11 wall insulation

EXTERIOR:

• Min 7.5’ sidewalls

• Vinyl windows

• No window trim

• Sheetmetal roof

• 4:12 roof pitch

• Siding: Fiber cement lap siding and board & batten

• Two GFI receptacles

• Two exterior frost-free hose bibs

• Exterior light at all exterior doors

• Dead bolt locks on exterior doors

INTERIOR:

• Linoleum flooring throughout

• Finished closets

• Brushed nickel hardware

• Laminated countertops with backsplash and edging

• Full tape & texture

• Finished ceiling drywall

• Ceiling fan electrical and brace in main living area

• Interior paint throughout

HVAC/PLUMBING/ELECTRICAL:

• Electric furnace

• Air exchange system

• 200 amp electric service

• Heat pump/Air Condition ready

• Water main shutoff

• Plumbing & electrical for washer

• Vent and electrical for dryer

• 40 gallon water heater

KITCHEN:

• 30” electric range

• Dishwasher

• MDF Cabinets

• Cabinet over refrigerator

• Adjustable center shelf in overhead cabinets

• GFI receptacles per applicable building codes

• Energy Star Appliances

BATHROOMS:

• GFI receptacles per applicable building codes

• Bath vent fan

• Minimum one 60” 1-piece fiberglass tub/shower

LOT B- Two Bedroom Home

GENERAL:

• Minimum 2 bedrooms, 1 bathroom

STRUCTURAL:

• 125 psf design snow load

• 2x6 exterior wallstuds 16” oc

• 2x6 floor joists 16” oc

• 5/8” floor decking

• Metal drip edge

• R-30 Ceiling insulation

• R-22 floor insulation

• R-11 wall insulation

EXTERIOR:

• Min 7.5’ sidewalls

• Vinyl windows

• No window trim

• Sheetmetal roof

• 4:12 roof pitch

• Siding: Fiber cement lap siding and board & batten

• Two GFI receptacles

• One exterior frost-free hose bibs

• Exterior light at all exterior doors

• Dead bolt locks on exterior doors

INTERIOR:

• Linoleum flooring throughout

• Finished closets

• Brushed nickel hardware

• Laminated countertops with backsplash and edging

• Full tape & texture

• Finished ceiling drywall

• Ceiling fan electrical and brace in main living area

• Interior paint throughout

HVAC/PLUMBING/ELECTRICAL:

• Electric furnace

• Air exchange system

• 200 amp electric service

• Heat pump/Air Condition ready

• Water main shutoff

• Plumbing & electrical for washer

• Vent and electrical for dryer

• 40 gallon water heater

KITCHEN

• 30” electric range

• Dishwasher

• MDF Cabinets

• Cabinet over refrigerator

• Adjustable center shelf in overhead cabinets

• GFI receptacles per applicable building codes

• Energy Star Appliances

BATHROOM:

• GFI receptacles per applicable building codes

• Bath vent fan

• Minimum one 60” 1-piece fiberglass tub/shower

3. MINIMUM QUALIFICATIONS (PASS/FAIL)

Minimum Qualifications (Pass/Fail)

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

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.

1. Proposer must have been in business producing and delivering manufactured homes comparable to the technical specifications in this RFP document for at least 10 years.

2. Proposer must have model homes available to EWEB for inspection, reasonably similar in quality to those proposed.

3. 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.

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 the number of years Proposer has had continuous experience manufacturing and delivering pre-manufacturing homes comparable to that required by the Contract documents.

2. List the address where model homes reasonably similar in quality are available for inspection by EWEB.

3. 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 award a Contract for a 3-bedroom home (Lot A) and another for a 2-bedroom home (Lot B) using a Single-tier evaluation process where award is based on written evaluation response and price for each Lot. If one Contractor scores the highest number of points for both lots, both homes will be awarded to the Contractor and purchased under one Contract. Further details follow.

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

Points are assigned as follows:

Criteria Total Possible Points

Minimum Qualifications Pass/No Pass only Ability to Meet Technical Specifications 90 Ability to Meet EWEB’s Terms 50 Pricing Proposal 60

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 request and 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, experience, 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(s) is awarded, EWEB shall award the Contract(s) to the responsible Proposer(s) 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 Proposals 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.

Proposers may submit up to three models for each Lot. For both Lots, EWEB will determine the model of most interest from each Proposer. The firm with the highest total score as a result of written proposal/pricing scoring and negotiated terms and pricing will be announced as the intended Finalist for each Lot.

4.9 Notice of Intent to Award

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

4.10 Inspection of Finalist’s Home Models (Optional to EWEB)

For each Lot, EWEB may opt to visit and inspect the Finalist’s facility demonstrating models of homes with features and quality reasonably similar to those proposed by Finalist. If EWEB chooses to conduct an inspection of Proposer model homes, EWEB reserves the right to base the final Contract award on a Pass/Fail basis of the inspection.

4.11 Contract Negotiation

Upon announcement of Intent to Award for either Lot, EWEB will begin negotiating a Contract with the Highest Ranked Proposer and shall conduct negotiations toward obtaining written agreement on:

a) The statement of work (additions or subtractions of model options or other associated work);

b) Viability of options (e.g. infrastructure compatibility, etc.)

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

d) Any other terms and conditions resulting in the final Contract.

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 for a given Lot 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 for a Lot, 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 for each Lot, listing the question first and the response directly beneath. Failure to respond to one or more questions could lower total score or cause the response to be deemed Non-Responsive and rejected. Questions 5.2 and 5.3 could contain the same response for each Lot/Model, which is acceptable if applicable.

5.1 Ability to Meet Technical Specifications (90 points possible)

a. Provide up to 3 home plans for each Lot proposed. FOR EACH PLAN, submit the following:

o Floor plan o Fill out the Excel spreadsheet for each by check marking all EWEB specs that apply to the home and filling out pricing information o Price

b. Provide any additional costs for delivery and set-up for any of the homes, if applicable.

c. For any options provided on the Excel spreadsheet, please provide documents informing EWEB of any details, including information regarding materials and installation, if applicable. For example, if there is an energy efficiency upgrade package available for the proposed floor plan, then submit any brochures/materials containing detailed information and note the unit price in the “Price” column of the Excel spreadsheet. If the line item is not available for the floor plan, please mark as “N/A”. Add any additional options in the spreadsheet that are available but not listed. Please retain the order of items.

5.2 Provide the following information regarding any home that is provided under this Contract:

a. Provide a detailed explanation of what is included in delivery and setup.

b. Provide a detailed description of all required site prep-work to be performed by EWEB prior to delivery of the home, such as foundation work, etc.

c. Please indicate whether you expect EWEB to contract this work out independently, OR whether you can provide the work for an additional cost, OR whether you can recommend another contractor to perform the work. If Proposer recommends a site contractor(s), please provide contact information (name, email and/or phone) and reason why recommended.

d. List all warranties applicable to the home being offered. Include warranty description and warranty duration.

5.3 Ability to Meet EWEB Terms (50 points possible)

a. Please review EWEB’s Sample Contract (Exhibit #1) and indicate proposed revisions only to those terms that seriously conflict with your company’s policies. Contractor’s proposed revisions will be reviewed and points will be deducted depending on the number of requested changes and the degree of requested change to each EWEB term cited.

b. Attach only those forms that your company MUST have signed by EWEB. Points will be deducted for any company terms and conditions submitted that conflict with EWEB terms and are determined by number of revisions and the degree of requested change to EWEB’s terms.

5.4 Pricing Proposals (60 points possible)

a. Submit pricing for each home for each Lot and home model submitted on a separate Excel spreadsheet.

Please note: The supplier of the pre-manufactured home(s) is delivering a finished product to EWEB and the construction of the product is conducted on a site other than EWEB’s. Consequently, the labor to construct the home itself is not subject to prevailing wage rates.

b. All quoted prices and discounts shall be firm for the Contract period.

c. For each Lot, total points for Price of the model selected by EWEB will be determined according to the following formula:

A = Total Possible points = 60 L = Lowest cost proposed X = Cost being scored B = Awarded Score

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

Example: If A = 60 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 60 = 40 points

6. PROPOSAL FORM

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers, Titles or Tabs should be used to identify required information.

A. PROPOSAL PACKAGE

RETURN THE FOLLOWING WITH YOUR RFP RESPONSE, PER SECTION 1.8(B):

(Place a check in front of the item indicating inclusion in your response)

COVER SHEET, with introduction of firm and the following:

o Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.8(B).

o 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 – This Section 6 with Excel Checklists for each submitted Lot/Model RESPONSE TO MINIMUM QUALFICATIONS per Section 3 RESPONSE TO ALL EVALUATION CRITERIA listed in Section 5

ATTACHMENT C –SUSTAINABILITY QUESTIONNAIRE

FLASH DRIVE COPY – Combine all documents in one pdf file

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP DOCUMENTS:

Proposer acknowledges all Addenda and agrees to be bound by their contents.

Circle each RFP Addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10

Check if not applicable or no Addenda were received: ____

C. MWESB STATUS

EWEB encourages contracting with minority owned, woman owned, and emerging small businesses (MWESB).

The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified.

MWESB Certified? Yes _____ No _____. If yes, indicate which categories below:

Minority Owned _____ Woman Owned _____ Emerging Small Business _____ Veteran Owned _____

D. BIDDER RESIDENCY

ORS 279A.120 states, "For the purposes of awarding a public contract, a contracting agency shall":

(a) Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and

(b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.

“Resident Bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a “Resident Bidder” under this paragraph.

“Non-Resident Bidder” means a bidder who is not a “Resident Bidder” as defined above

a. CHECK ONE: Bidder is a ( ) RESIDENT Bidder ( ) NON-RESIDENT Bidder.

b. If Resident Bidder, enter your Oregon business address: (physical and mailing address)

c. If a Non-Resident Bidder, enter state of residency:

d. If a Non-Resident Bidder, do you or your Company receive, or are you or your Company eligible for any preference in award of contracts with your state’s government or with other governmental bodies in your state?

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: _________________%

If YES, but not a percentage of bid price, describe the preference:

If YES, state the law or regulation that allows the preference described (legal citation):

E. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR STATUS

The undersigned acknowledges that:

1. Contractor certifies its status as an independent contractor in satisfaction of Oregon law, including ORS 670.600, and shall perform all required Work as an independent contractor. EWEB holds the right (i) to determine the delivery schedule for the Work to be performed and (ii) to evaluate the quality of the completed performance, but EWEB cannot and will not control the means or manner of Contractor’s performance. Contractor is responsible for determining the appropriate means and manner of performing the Work.

2. The parties covenant that Contractor, its Subcontractors, Agents, Officers and Representatives do not qualify as officers, employees, or agents of EWEB as those terms are used in ORS 30.265 nor shall they seek such qualification relating to performance of the Work.

3. Contractor agrees it is responsible for all federal and state taxes or other payments or withholdings applicable to compensation or payments paid to Consultant under this Contract and shall hold EWEB harmless from such financial exposures.

PROPOSER SIGNATURE / EXECUTION OF RFP SUBMISSION

F. ASSURANCES:

The undersigned attests that they:

Have read and understand all instructions, requirements, Addenda, site conditions, and terms and conditions contained herein (including the attachments and exhibits listed in this solicitation).

Have the authority and/or responsibility to submit a proposal and to bind their organization in all phases of this RFP process.

Confirm the information provided is true and accurate to the best of their knowledge.

Understand that any false statement may disqualify this offer from further consideration or may be cause for Contract termination.

Have not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged minority, women or emerging small business enterprise certified under ORS 200.055.

Represent and warrant to EWEB that they have the power and authority to enter into and perform work under an awarded Contract and that the Contract, when executed by EWEB and Contractor, the Contract shall be a valid and binding obligation of Contractor, enforceable in accordance with its terms.

Arrived at the specifics of the proposal, including price and amounts, independently and without communication or agreement with another Proposer, except as disclosed in a separately attached statement;

Have not directly or indirectly induced or solicited another Proposer, in order to benefit a third person, to submit a false or sham proposal, to refrain from proposing, or to change a proposal;

Have not directly or indirectly disclosed the Proposer's proposal price, a breakdown of the price, the contents of the price or information or data related to the price to another Proposer;

Have not sought through communication or agreement with a person to fix the proposal price of the Proposer or another Proposer, to fix an overhead, profit or cost element of the proposal price of the Proposer or another Proposer or to secure any advantage against the contracting agency or any other person interested in the public contract;

Have not directly or indirectly expressed an interest or lack of interest in the public contract, or paid or offered to pay a fee to a person, to cause a collusive or sham proposal;

Contractor, by signing this Proposal Form, represents and warrants that, if awarded, Contractor’s performance under this contract will create no potential or actual conflict of interest, including but not limited to conflicts of interest as defined in ORS 244.020. Contractor further warrants that no state or federal law or EWEB rule will prevent Contractor's lawful performance of an awarded contract. If Contractor is currently performing work for EWEB or another governmental entity, Contractor’s participation in other public contracts will not create a potential or actual conflict of interest in performance of this Contract, if awarded.

PROPOSER INFORMATION:

Proposer Company Name

Company Address (from which work will be performed)

Telephone Number Fax Number FEDERAL ID NUMBER

Person Signing RFP_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________________

RFP CONTACT (if different than above)

RFP Representative_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________

Phone: ____________________________________________________________________________________

Sustainability Questionnaire

Company Name: ______________________________________ Date: _________

The Supplier Sustainability Questionnaire must be completed and returned with your bid/proposal. This questionnaire is applicable to firms that provide services and/or goods. Responses can be up to 4 pages (see www.eweb.org/bids for a copy of the questionnaire in word format).

1. What policies or plans are in place to help decrease environmental or social impacts from your supply chain or manufacturer (if company is a distributor) such as decreasing use of toxic or hazardous products, efficient use of natural resources, reducing greenhouse gas emissions, waste reduction, and worker health and safety? Please provide links to documents. How does your company monitor and manage your supply chain with regard to environmental and social issues?

2. What type of sustainable packaging/shipping materials do you use, such as reusable, recycled content, or compostable materials? Does your company have a Zero Waste Plan; if so describe the progress your company has made to implement the plan. If you don’t use sustainable packaging please detail why not.

3. Does your company have transportation strategies to reduce fossil fuel, maintain local warehouses to shorten shipping distances and lead times, or combine shipments to receive economies of scale? If so, please include link or details of plan.

4. Has your company been cited in the last 5 years for non-compliance of any permits, rules or regulations pertaining to environmental, health and/or safety? If yes, please state the reason, and outcome of the citation including a description of the steps taken by your company to rectify the problem.

5. What programs do you have in place, or are planned for to increase resource efficiency such as reducing use of electric, water, labor or material resources?

6. Have the product(s) that you are bidding/proposing been certified by a third-party organization, such as Green Seal, Ecobiz, or ENERGY STAR.