23-064 RFQ SEED~2.pdf

ODOE RFQ 21-014 – State Energy Efficient Design (SEED) Energy Analyst

STATE OF OREGON

COVER PAGE

DEPARTMENT OF ENERGY

STATE ENERGY EFFICIENT DESIGN (SEED)

ENERGY ANALYST

Request for Qualifications (RFQ)

RFQ NUMBER 23-064/ OREGON BUYS NUMBER S-33000-

00008780

Date of Issue: November 29, 2023

Closing Date: January 19 , 2023

Single Point of Contact (SPC): Jess Miller

Address: 550 Capitol St NE City, State, Zip Salem, OR 97301 Phone (voice) 971-239-2590 E-mail: jess.miller@energy.oregon.gov mailto:Bethany.Wachtler@oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 PROCUREMENT PROCESS

3.3 PROPOSAL CONTENT REQUIREMENTS

3.4 MINIMUM ENERGY ANALYST FIRM AND PERSONNEL QUALIFICATIONS

3.5 STATEMENT OF QUALIFICATIONS (SOQ)

3.6 REFERENCES

3.7 EVALUATION PROCESS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3 PREQUALIFIED LIST AGREEMENT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 OMWESB PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF RFQ; REJECTION OF PROPOSALS; NO DAMAGES

5.5 COST OF SUBMITTING A PROPOSAL

5.6 STATEWIDE E-WASTE/RECOVERY POLICY

5.7 RECYCLABLE PRODUCTS

5.8 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PREQUALIFIED LIST AGREEMENT FOR ENERGY ANALYST SERVICES

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Energy, (“ODOE”), is issuing this Request for Qualification (RFQ) for Energy Analyst(s) to be placed on a prequalified list of persons/firms to conduct energy consumption analysis for state agencies (“Contracting Agency”) that construct new facilities or renovate existing facilities. Oregon Revised Statute (ORS) 276.900, states “it is the policy of the State of Oregon that facilities to be constructed or purchased by authorized state agencies be designed, constructed, renovated and operated so as to minimize the use of nonrenewable energy resources and to serve as models of energy efficiency.” Additional details on the Scope of the goods and/or services are included in the Scope of Work section.

ODOE anticipates the prequalification of one or more Energy Analysts from this RFQ and intends to establish a pool of qualified Energy Analysts for the State Energy Efficient Design (SEED) program. Interested Energy Analysts are encouraged to submit qualifications. The term of the Agreement is to be two years with an option to renew for up to one, two-year period without full re-application.

The services of an Energy Analyst are required for all SEED Class 1 building projects. ODOE is required to establish a list of prequalified Energy Analysts for the SEED program (Oregon Administrative Rule (OAR) 330-130-0090). This list will provide state agencies with a source for prequalified Energy Analyst firms that have experience and expertise in energy consumption analysis. All Energy Analysis reports must be stamped by a licensed engineer or architect.

A Contracting Agency may hire an energy analyst not on the approved list provided the Energy Analyst is a licensed engineer or architect meeting the qualifications of the Energy Analyst described in the SEED Program Guideline Appendix C and has been approved by ODOE.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFQ.

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFQ is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFQ, Event Date Time

Questions / Requests for Clarification Due December 15, 2023 3:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) January 5, 2024

Closing (Proposals Due) January 19, 2024 3:00 PM

Opening of Proposals Upon Receipt Issuance of Prequalified List Agreement(s) for Energy Analyst Services (approx.) Upon completion of evaluations whether about the technical requirements of the RFQ, contractual requirements, the RFQ process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

ODOE is issuing this RFQ pursuant to its authority under OAR 125-246-0170(2).

Additionally, ORS 276.915 directs that ODOE may by rule require prequalification for a person to submit a bid or proposal to perform energy consumption analysis for authorized state agencies that are constructing or renovating facilities.

2.2 DEFINITION OF TERMS

For the purposes of this RFQ, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.

2.2.2 Project Specific Definitions

Alternative Energy System means an environmentally sound energy system that uses power derived from renewable resources including, but not limited to, the sun, wind, geothermal sources and heat recovery.

Authorized State Agency means a state agency, board, commission, department or division that is authorized to finance the construction, purchase or renovation of a facility that is or will be used by the State of Oregon.

Class I Buildings include the following:

• New buildings, additions, or renovations of 10,000 or more square feet of heated or cooled floor area; and

• Building additions that increase the size of an existing building to 10,000 or more square feet of heated or cooled floor area, and renovations to buildings of 10,000 or more square feet of heated or cooled floor area, which significantly affect either:

1. The existing mechanical or control system; or

2. At least two of the following energy systems: interior lighting, building envelope, the domestic hot water system, or special equipment that uses energy.

Contracting Agency means an Authorized State Agency.

Cost-effectiveness for the purpose of the SEED program, is established by a benefit-to-cost analysis. If the benefit-to-cost ratio (BCR) exceeds 1.0, the Energy Conservation Measure (ECM) is considered to be cost-effective. BCR = Present value measure savings (PVS) divided by Present Value Incremental Cost (PVC). A detailed description is http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html included in SEED Appendix J, http://www.oregon.gov/energy/energy-oregon/Documents/SEED%20Guidelines%20Appendix%20J.pdf

ECM: see “Energy Conservation Measure”

Energy Analyst is a person who has expertise in analyzing energy savings and Energy Conservation Measure (ECM) costs, prepares the building energy analysis and the Energy Analysis Report under the direction of a professional engineer or licensed architect who reports to the project architect or Contracting Agency.

Energy Conservation Measure (ECM) is a measure primarily designed to reduce the use of energy resources in a facility.

Energy Consumption Analysis is the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components and the external energy load imposed on a major facility by the climatic conditions of its location. Energy Consumption Analysis includes, but is not limited to:

• The comparison of a range of alternatives that is likely to include all reasonable, Cost-effective ECMs and alternative energy systems;

• The simulation of each system over the entire range of operation of a major facility for a year’s operating period; and

• The evaluation of energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs.

Facility means a building or other structure owned or controlled by a Contracting Agency that is used or occupied by employees of the Contracting Agency or that is used for conducting public business.

Renovation means an addition to, alteration of or repair of a facility that adds to or alters the facility’s energy systems, provided that the affected energy systems account for 50 percent or more of the facility’s total energy use.

2.3 OVERVIEW

2.3.1 Overview and Background

The SEED program was established in 1991 and directs authorized state agencies to work with ODOE to ensure cost-effective energy conservation measures are included in new and renovated public buildings. The program also requires that all newly constructed or renovated state facilities exceed the energy conservation provisions of the Oregon State building code by at least 20 percent.

The Energy Analyst shall be a person/firm who prepares the building analysis and the Energy Analysis Report under the direction of a professional engineer or licensed architect and reports to Contracting Agency. The Energy Analyst qualifications may be satisfied by more than one person employed by the firm seeking qualification, provided that the analysts’ combined skills and experiences meet all requirements. All Key Personnel must be employees of the firm. No subcontractors will be qualified.

http://www.oregon.gov/energy/energy-oregon/Documents/SEED%20Guidelines%20Appendix%20J.pdf http://www.oregon.gov/energy/energy-oregon/Documents/SEED%20Guidelines%20Appendix%20J.pdf

2.3.2 Project Overview and Background

The Energy Analyst is an advocate for energy efficient design resulting in a building that serves as a model of energy efficiency and leads design team efforts in implementing energy efficient strategies in the building systems design. Through early involvement in the design process, the Energy Analyst assures energy efficiency is an integral part of the building design.

2.3.3 Purpose

The Prequalified List Agreement for Energy Analyst Services sets forth the guidelines under which Contracting Agencies may contract for the performance of project-specific work. To select an Energy Analyst, a Contracting Agency may review ODOE’s list of prequalified Energy Analysts and select a person/firm from that list.

Nothing in this RFQ, or any contemplated or final Scope of Work Approval Form, relieves any Contracting Agency from complying with all applicable laws and regulations, including the Contracting Agency’s procurement rules.

2.4 SCOPE OF WORK

The Energy Analyst shall be knowledgeable about all building systems (including building envelope, heating, ventilation, air-conditioning, and lighting systems) and shall have expertise with current energy efficient technologies. The Energy Analyst must demonstrate knowledge and experience with innovative energy efficiency technologies. The Energy Analyst must also demonstrate expertise in performing building simulation modeling with significant experience developing project-specific model inputs versus using only program default input values.

Qualifying persons/firms that sign a Prequalified List Agreement for Energy Analyst will be responsible for meeting all contractual and Program requirements. Program requirements are documented in the SEED Guidelines. It is the responsibility of the Proposer to provide Work Samples that document the required level of analysis and reporting detail as outlined in the SEED Guidelines. The process, required analysis, and reporting requirements are available at the link:

https://www.oregon.gov/energy/energy-oregon/Pages/SEED-Program-Guidelines.aspx

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM SUBMISSION REQUIREMENTS

Proposers are responsible for carefully reading this RFQ and following the instructions given.

Proposals should clearly describe qualifications; experience and capability to do the work described in this RFQ and must include all information requested herein. Proposals that do not contain all the information requested may be rejected as non-responsive. Additionally, Proposals that are determined to contain false statements or misrepresentations may be disqualified from consideration, and any Prequalified List Agreements for Energy Analyst https://www.oregon.gov/energy/energy-oregon/Pages/SEED-Program-Guidelines.aspx

Services resulting from a Proposal containing false information will be terminated.

3.1.1. Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFQ will be met and may provide additional related information.

The Statement of Qualifications (SOQ) must be typed and prepared in a simple, economical manner. SOQs must not exceed 10 pages including pictures, charts, graphs, tables and text but not including a cover sheet.

Proposers must submit:

• One (1) complete electronic copy o Electronic documents must be provided in commonly used formats, such as Microsoft Word or PDF.

In addition, if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and an additional fully redacted version of its Proposal, clearly identified as the redacted version.

3.1.2 Proposal Page Limit

The SOQ is limited to 10 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit and must be submitted in hard copy format:

• Work Samples

• Resumes

• Disclosure Exemption Affidavit (Attachment B) –

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment F) –

• Responsibility Inquiry (Attachment G)

3.1.3 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by

ODOE.

3.2 PROCUREMENT PROCESS

3.2.1 Public Notice

The RFQ, including all Addenda and attachments, is published in the OregonBuys e-procurement system.

RFQ documents will not be mailed to prospective Proposers.

ODOE shall advertise all Addenda on OregonBuys e-procurement system. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFQ by this reference.

3.2.2 Questions / Requests for Clarification

All inquiries, whether relating to the RFQ process, administration, deadline or method of award, or to the intent or technical aspects of the RFQ must:

• Be emailed to the Single Point of Contact (SPC).

• Reference the RFQ number (#23-064 / OregonBuys#S-33000-00008780)

• Identify Proposer’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the RFQ being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for

Clarification identified in the Schedule

3.2.3 Proposal Submission Options

Proposer is solely responsible for ensuring their Proposal is received by the SPC in accordance with the RFQ requirements before Closing. ODOE is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Proposal submitted by any means not authorized will be rejected.

3.2.3.1 Submission through email

Submission through parcel carrier or mail will not be accepted.

3.2.3.2 Submission through Mail or Parcel Carrier

Submission through parcel carrier or mail will not be accepted.

3.2.4 Proposal Modification or Withdrawal

Any Proposer who wishes to make modifications to a Proposal already received by ODOE shall submit its modification in one of the manners listed in the Proposal Submission https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

Options section and must denote the specific change(s) to the Proposal submission prior to the RFQ Closing Date.

If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a Written notice Signed by an authorized representative of their intent to withdraw its Proposal in accordance with OAR 125-247-0440. The notice must include the RFQ number and be submitted to the SPC.

3.2.5 Proposal Due

Proposal and all required submittal items must be received by the SPC on or before Closing.

Proposals received after the Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposer or destroyed.

3.2.6 Proposal Rejection

ODOE may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFQ procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer makes any contact regarding this RFQ with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Proposer attempts to inappropriately influence a member of the Evaluation Committee.

• Proposal is conditioned on ODOE’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFQ or Addenda.

• Proposals does not contain all the information requested in this RFQ.

• Proposals is determined to contain false statements or misrepresentations.

3.2.7 Opening of Proposal

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed. However, ODOE will record and make available the identity of all Proposers after Opening.

3.3 PROPOSAL CONTENT REQUIREMENTS

3.3.1 Disclosure Exemption Affidavit

The Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B).

All Proposals are public record and are subject to public inspection. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS

Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

3.3.2 Proposer Information and Certification Sheet

The Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

33.3 References

The Proposer shall complete and submit the Reference Check Form (Attachment D)

Provide at least three (3) references from current or former clients for similar SEED level projects performed within the last five (5) years. References must verify the quality of previous, related work.

3.3.4 COBID Certification / Outreach Plan

The Proposer shall complete and submit the COBID Certification / Outreach Plan (Attachment F).

3.3.5 Responsibility Inquiry

The Proposer shall complete and submit the Responsibility Inquiry (Attachment G).

3.4 MINIMUM ENERGY ANALYST FIRM AND PERSONNEL QUALIFICATIONS

Proposer must employ key person(s) that meet all the requirements in this section. Proposer may submit one or more key person(s) so long as all requirements are met. All Key Personnel must be employees of the firm. Subcontracting personnel for key positions is not allowed. All experience used to qualify must be within the last five years, except SEED project experience which may be within the last ten years.

3.4.1 General Qualifications

A technical degree from an accredited four-year university, with an additional four years of experience in the following areas: envelope heat transfer, heating, ventilation and air conditioning systems, lighting design, and energy efficiency technology.

If a four-year degree is not held, then the energy analyst must have a two-year technical degree, plus six years of relevant experience.

3.4.2 Modeling Qualifications

Three or more years of full-time modeling experience with a computerized building modeling tool for energy analysis on the list of programs approved for use under the SEED Program. This includes the ability to:

o Model basic building features such as: internal gains, multiple zones with central

HVAC systems, daylighting, envelope measures that affect thermal transmission, and architectural shading effects.

o Model mechanical systems utilizing project specific inputs and central plant partial-load operating efficiencies.

o Use lighting photometric calculations in estimating light levels.

o Model complex ECMs such as heat recovery, fan and pump variable frequency drive applications, ground-loop heat pumps, and enhanced direct digital control strategies.

o Determine which energy systems can be successfully modeled with the energy simulation software program.

o Simulate program default values if they are appropriate for the particular systems selected.

o Establish procedures within firm’s modeling team for the transfer of design document details into the energy model.

o Develop appropriate schedules for occupancy, lighting, equipment loads, etc. based on input from project owner.

o Interpret model output reports and results, such as annual and monthly end-use analysis, equipment efficiencies, and part-load operation.

o Establish in-house modeling quality control process.

o Calibrate energy models to match actual post occupancy conditions including variations in weather, building operation and installed equipment.

o Produce accurate energy models where modeled energy use matches with actual facility energy use.

o Perform simple hand calculations and spreadsheet analysis to modify energy model input variables, model output results or to provide stand-alone analysis.

Calculations shall follow the Exceptional Calculation Method as defined in the SEED Program Guidelines.

3.5 STATEMENT OF QUALIFICATIONS (SOQ)

Includes: Project Experience and History, Project Expertise, Work Samples, Key Personnel and Resumes, Energy Analyst Qualifications, and References

3.5.1 Energy Analysis Experience and Project History

• Demonstrate ability of firm to perform energy studies evaluating innovative energy-efficient designs that have been implemented and successfully operated.

• Detail broad experience of firm with commercial and institutional building energy systems and operating characteristics similar to buildings to be constructed by a Contracting Agency.

• Describe experience with life cycle cost analysis and value-engineering methods that identify opportunities to lower long-term operating costs through incorporation of energy conservation measures. This includes experience in determining accurate cost estimates for evaluating the cost effectiveness of energy-efficiency measures, and experience with life-cycle analysis methods that reflect equipment operation and maintenance costs and that incorporate the useful life of measures.

Project History

• Using the format in the table below, describe project work performed during the last five years (or last 10 years for SEED program projects) that is similar to the experience being requested in this RFQ, including:

o Brief description of each project.

o Identify the client organization, including the name, e-mail, and telephone number of the appropriate contact person.

o List the Energy Analyst(s) that worked on each project and describe their role in the analysis in the following format:

Project name and description

Date of Project Report

Client Contact name, telephone number and email address

Proposer’s Key Personnel on project

Role of Key Personnel

ODOE may contact Proposers’ past clients to obtain professional references.

3.5.2 Project Expertise

• Describe how work will be organized, managed, and administered to meet specified requirements in the SEED Guidelines.

• Demonstrate the ability to accomplish tasks required for SEED analysis.

• Describe the firm’s Quality Assurance/ Quality Control Plan. Provide name(s) of

Key Personnel responsible for quality control of all components of the energy analysis.

3.5.3 Work Samples

Provide three work samples that demonstrate the firm’s experience performing energy analysis for projects meeting the requirements of the SEED program. Work Samples do not count toward the SOQ page limit.

Work samples must:

• Have been completed in the last ten years for SEED projects. Other equivalent energy analysis studies for non-SEED projects must have been completed in the last five years.

• Demonstrate the ability to present ideas and written materials in a clear and simple manner to the client

• Identify proposed key personnel who worked on the project(s) and describe their role in the analysis.

o A minimum of two of the samples must have been authored by proposed key personnel.

o Higher points may be awarded for work samples where proposed key personnel have authored all of the samples.

• Represent comprehensive projects for which complex energy systems were proposed and analyzed.

• Demonstrate expertise in performing energy modeling analysis of complex systems in non-residential buildings.

• Demonstrate the required level of experience and expertise to meet the qualifications of this RFQ AND contain the level of detail required in SEED reports (described in SEED Guidelines Appendix H)

ODOE may contact Proposers’ past clients to obtain professional references.

3.5.4 Key Personnel and their Resumes

3.5.5 Personnel Experience/Qualifications

Submit names and relevant experience of the key personnel who will perform the work described in Section 2.4.

3.5.6 Modeling experience

List all modeling programs with which the analyst has experience.

Key personnel Building simulation modeling program(s)

Years of energy modeling experience

List projects modeled with each program(s) (if more than 5, please only list up to 5 projects)

Dates of projects

3.5.7 Resumes

Provide brief resumes for all Key Personnel that give sufficient information to demonstrate that the required minimum qualifications and experience are met and that support the personnel and firm’s ability to successfully complete the work described in this RFQ.

Resumes should be concise and focused on education, professional credentials and work experience over the last 10 years. Note any relevant certifications. Resumes do not count toward the SOQ page limit.

Future substitutions of personnel identified herein will be allowed only with prior approval of the Department of Energy.

3.6 REFERENCES

Provide at least three references from current or former clients for similar SEED level projects performed within the last five years. References must verify the quality of previous related Work. References do not count toward the SOQ page limit.

ODOE may verify that the provided references support the Proposer’s ability to comply with the requirements of this RFQ. ODOE may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.7 EVALUATION PROCESS

3.7.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all RFQ requirements including compliance with the Minimum Requirements section and Proposal Content Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, ODOE may waive mistakes in accordance with OAR 125-247-0470.

At any time prior to award, ODOE may reject a Proposer found to be non-Responsive.

3.7.2 Evaluation Criteria

An Administrative review will be conducted on a Pass/Fail criteria ensuring the success of all Administrative requirements. The Minimum Qualifications will also be based on a Pass/Fail criteria.

SCORE EXPLANATION

Pass/Fail* Administrative Review: Received date, Format and Quantity, Authorized Signature, Attachment C, Attachment D, Attachment E, Resumes, References.

Pass/Fail* Minimum Requirements (3.4) The individuals or firm must meet the minimum qualifications.

Pass/Fail* References (3.6)

* Failure in any one of these areas will prevent the Proposal from moving into the SOQ portion of this evaluation

The remaining portion of the evaluation will be scored, requiring a minimum of 75 out of 100 possible points as follows:

POINTS

POSSIBLE STATEMENT OF QUALIFICATIONS (SOQ)

Energy Analysis Experience and Project History (3.5.1) Describes the firm’s experience performing energy studies for commercial and institutional building systems and with life cycle cost analysis for energy saving measures.

Project Expertise (3.5.2)

Describes the firm’s ability to organize, manage and administer projects, including ability to complete SEED Analysis. Describes quality control/assurance plan and process of firm. Lists project history during last five years with required details.

Work Samples (3.5.3) - Presented in a clear and simple manner and represent comprehensive projects for which complex energy systems were analyzed.

Demonstrate expertise in performing energy analysis and required level of experience to meet RFQ qualifications. Samples contain the level of detail required in SEED reports. A minimum of two samples have been authored by proposed Key Personnel. Higher points possible if all samples were authored by proposed Key Personnel. Work samples from past SEED projects must have been completed within the last 10 years. Work samples from other equivalent energy analysis project must have been completed within the last 5 years.

Key Personnel and Resumes (3.5.4) – Name and experience (including modeling) for all Key Personnel. Concise resumes for all Key Personnel demonstrate that Personnel meet minimum qualifications and have the required experience.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposals. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

ODOE, if it awards any Prequalified List Agreements for Energy Analyst Services, shall award Prequalified List Agreements for Energy Analyst Services to all Proposers deemed qualified based upon the scoring methodology and process described in Section 3. Procurement

Requirements and Evaluation. Upon completion of ODOE’s evaluation, ODOE will notify each Proposer whether its Proposal was successful and will invite successful Proposers to enter into a Prequalified List Agreement for Energy Analyst Services.

Upon execution, ODOE will list the successful Proposer(s) as a qualified Energy Analyst firm.

Once publicly listed, the Energy Analyst firm is then eligible to contract for Energy Analyst Services as described in this RFQ and on ODOE’s website.

4.1.2 Intent to Award Notice

ODOE will notify all Proposers in Writing that ODOE intends to award a Prequalified List Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

4.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.2.1 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by ODOE (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

4.2.2 Tax Affidavit

Prior to execution of the Prequalified List Agreement, the apparent successful Proposer shall complete and submit the Tax Affidavit (Attachment E) to demonstrate compliance with Oregon Tax Laws.

Failure to demonstrate compliance may result in a finding of non-responsibility.

4.2.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Prequalified List Agreement. The selected Proposer shall submit a current Oregon Secretary of State business registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://sos.oregon.gov/business/Pages/register.aspx

4.3 PREQUALIFIED LIST AGREEMENT NEGOTIATION

4.3.1 Negotiation

By submitting a Proposal, Proposer agrees to comply with the requirements of the RFQ, including the terms and conditions of the Sample Prequalified List Agreement (Attachment A), except for those terms reserved for negotiation. Proposer shall review the attached http://sos.oregon.gov/business/Pages/register.aspx

Sample Prequalified List Agreement and note exceptions. Unless Proposer notes exceptions in its Proposal, the State intends to enter into a Prequalified List Agreement with the successful Proposer substantially in the form set forth in Sample Prequalified List Agreement (Attachment A). It may be possible to negotiate some provisions of the final Prequalified List Agreement; however, many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, ODOE will consider the Scope of requested exceptions in the evaluation of Proposals.

Any Proposal that is conditioned upon ODOE’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

All items, except those listed below, may be negotiated between ODOE and the apparent successful Proposer in compliance with Oregon State laws:

• Choice of law

• Choice of venue

• Constitutional requirements

In the event that the parties have not reached mutually agreeable terms within 60 calendar days, ODOE may terminate Negotiations.

SECTION 5: ADDITIONAL INFORMATION

5.1 OMWESB PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, ODOE encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. For more information please visit:

http://www.oregon4biz.com/How-We-Can-Help/OMWESB/

5.2 GOVERNING LAWS AND REGULATIONS

This RFQ is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFQ, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFQ become the Property of ODOE. By submitting a Proposal in response to this RFQ, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the http://www.oregon4biz.com/How-We-Can-Help/OMWESB/

Proposal, negotiating an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFQ process, and to fulfill obligations under Oregon Public Records Law (ORS

192.410 through 192.505). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

5.4 CANCELLATION OF RFQ; REJECTION OF PROPOSALS; NO DAMAGES.

Pursuant to ORS 279B.100, ODOE may reject any or all Proposals in-whole or in-part or may cancel this RFQ at any time when the rejection or cancellation is in the best interest of the State or ODOE, as determined by ODOE. Neither the State nor ODOE is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFQ, award, or rejection of any Proposal.

5.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

5.6 STATEWIDE E-WASTE/RECOVERY POLICY

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Policy effective July 1, 2012.

5.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Prequalified List Agreement. (ORS 279B.025)

5.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFQ are provided only as a courtesy to prospective Proposer. ODOE makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFQ and complying with all the requirements of this RFQ, whether listed in a checklist or not. Neither the State nor ODOE is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFQ.

https://www.oregon.gov/das/Policies/107-011-050_PR.pdf

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PREQUALIFIED LIST AGREEMENT FOR ENERGY ANALYST

SERVICES

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY