23-066 RFP OES Facilitating Consultant~1.pdf

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF ENERGY

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number [OREGONBUYS BID NUMBER] S-33000-00009278 for

OREGON ENERGY STRATEGY FACILITATING CONSULTANT

Date of Issue: 2/1/2024

Opening Date and Time: 3/15/2024 at 4:00pm

Single Point of Contact (SPC): Jess Miller, Sr. Contracts Officer

Address: 550 Capitol Street NE City, State, Zip Salem, OR 97301 Phone (voice) (971) 239-2590 E-mail: Jess.Miller@energy.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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 AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PROPOSAL REJECTION

4.9 EVALUATION PROCESS

4.10 POINT AND SCORE CALCULATIONS

RANKING OF PROPOSERS

4.11 15

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT/PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H FACILITATOR ACKNOWLEDGEMENT FORM

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Energy (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for an Oregon Energy Strategy Facilitation Consultant.

In July 2023, in Oregon House Bill 3630, the Oregon State Legislature charged the Oregon Department of Energy with developing an Oregon Energy Strategy by November 1, 2025. The bill requires ODOE to submit a report about the strategy to the Governor and Legislature by November 1, 2025. At a minimum, the report must:

(a) Summarize the state energy strategy and optimized pathways to achieving the state’s energy policy objectives;

(b) Describe the Department’s engagement process with stakeholders and how stakeholder perspectives informed the state energy strategy; and

(c) Recommend legislation or changes to policy necessary to implement the State Energy Strategy.

To develop the pathways to achieving the state’s energy policy objectives, ODOE is contracting a Facilitator to support stakeholder engagement in developing the Oregon Energy Strategy. In addition to the Facilitator, ODOE is contracting a Technical Contractor (separate RFP) to conduct the technical analysis and pathways, who will work closely with the Facilitator and ODOE in developing the Oregon Energy Strategy.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be 2 years.

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 RFP.

Event Date Time

Pre-Proposal Conference February 14, 2024 10:00 AM

Questions / Requests for Clarification Due February 19, 2024 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) February 23, 2024

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal February 1, 2024 12:00 PM

Issuance of Notice of Intent to Award (a5pprox.) March 22, 2024

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under HB 3630 (2023) Section 2 subsection (6), ORS 279A.050 and OAR 125-246-0170(2).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

HB 3630: Oregon House Bill 3630 directs the Agency to develop an Oregon State Energy Strategy.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of Energy helps Oregonians make informed decisions and maintain a resilient and affordable energy system. We advance solutions to shape an equitable clean energy transition, protect the environment and public health, and responsibly balance energy needs and impacts for current and future generations.

On behalf of Oregonians across the state, the Oregon Department of Energy achieves this mission by providing a central repository of energy data, information, and analysis; a venue for problem-solving Oregon’s energy challenges; energy education and technical assistance;

regulation and oversight; and energy programs and activities.

2.3.2 Project Overview and Background

In the 2022 Biennial Energy Report, the Oregon Department of Energy found that the state would benefit from a strong statewide energy strategy to align policy development, regulations, financial investments, community needs, and technical assistance. A strong strategy could illuminate pathways and leverage local solutions to meet Oregon’s clean energy goals, prioritize equity, balance tradeoffs, maximize benefits and minimize harms to the extent practicable, and ultimately be used to make informed decisions and take action.

In 2023, the Oregon Legislature passed House Bill 3630, which acts on this recommendation, directing the Oregon Department of Energy to “develop a comprehensive state energy strategy that identifies optimized pathways to achieving the state’s energy policy objectives.”

HB 3630 authorizes ODOE to contract with third parties for assistance in developing the Oregon Energy Strategy, including assistance with technical or facilitation services. ODOE is now launching the work on the Oregon Energy Strategy and is seeking a Contractor to carry out facilitation services to support stakeholder outreach and engagement.

2.3.3 Purpose

The purpose of this contract will be to engage an experienced facilitator to lead the stakeholder engagement process to inform the development of the Oregon Energy Strategy.

2.4 SCOPE OF WORK/SPECIFICATIONS

The Contractor will lead the stakeholder engagement process for developing an Oregon Energy Strategy. The work will involve strategic planning, coordination, logistical arrangements for meetings, preparation of meeting materials, facilitation of virtual and in-person meetings, note-taking, evaluation of progress, and preparation of memos throughout the project. The Contractor will undertake this work based on the Draft Stakeholder Engagement Approach that will be agreed upon with the Oregon Department of Energy, and evolve based on stakeholder engagement and feedback.

Throughout this process, the Contractor will work closely with ODOE and with the Technical Contractor, making course corrections as needed to deliver a process that fairly and equitable engages with stakeholders, that is transparent, and that helps deliver a final report by the deadline of November 1, 2025.

The Statement of Work, Attachment A, Exhibit A, (“Statement of Work”) describes the project responsibilities in more detail, and is expected to serve as the basis for Proposals responding to this RFP.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section. Proposer must be able to clearly identify how they meet the minimum qualifications by to each of the following: Note: The experience requested below may be concurrent experience.

3.1.1 Demonstrate that Proposer or its Key Person(s) have a minimum of 3 years’ experience leading stakeholder engagement processes.

3.1.2 Demonstrate in its Proposal that Proposer or its Key Person(s) have a minimum of 3 years’ experience in the management, planning, and implementation of projects of similar scope and complexity.

3.1.3 Demonstrate that Proposer has reviewed the Request for Proposal for a Technical Assistance & Modeling for the Oregon State Energy Strategy for this project, OR Buys S- DASOBO-00008987, and acknowledges that Proposer would be expected to work closely with the Facilitator on this project, by signing the acknowledgment form, Attachment H.

Proposer shall complete and submit the Acknowledgement Form (Attachment H). Failure to submit may result in a non-Responsive submission.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Draft Stakeholder Engagement Approach (10 pages)

• Proposed detailed and summary schedule (1 page each)

• Project Implementation Strategy – description of how the Contractor plans to complete the deliverables set forth in Tasks 1 – 8, including any suggested changes to the process that ODOE has set forth in this Statement of Work. (5 pages)

• Project Team o Summary of all team member roles, including all team members and sub-contractors, recognizing that some sub-contractors will be identified after signature of the contract as described in Section 2.5 of this Statement of Work. (2 pages) o Profile for each team member, including role on this project by Task, relevant qualifications, and relevant work experience on similar projects. (1 page per person)

• Description of no more than 5 relevant experiences and similar projects carried out within the past 5 years. (5 pages)

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal (Not a form, label as Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons and Resumes

3.2.2 Proposal Page Limits

Proposal is limited to 24 pages plus a one-page profile for each team member. 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:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check forms

• Price Proposal (Not a form, label as Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Work samples

3.2.3 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys.

The Price Proposal must be submitted as a separate electronic response file.

3.2.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

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

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.2 References

Provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal.

3.3.3 Time and Materials

Time and Materials with Deliverable Payments.

3.3.4 Key Persons and their Resumes

Specify key persons to be assigned to this project and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

3.3.5 Project Implementation Plan

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

https://oregonbuys.gov/

A virtual Pre-Proposal conference will be held at the date and time listed in the Schedule.

Prospective Proposers’ participation in highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

· Provide additional description of the project;

· Explain the RFP process; and

· Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon ODOE. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by:

February 14, 2024 at 10:00 AM

Microsoft Teams meeting

Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 268 621 695 335 Passcode: 3H8oTD Download Teams | Join on the web Or call in (audio only) +1 503-446-4951,,787926619# United States, Portland Phone Conference ID: 787 926 619# Find a local number | Reset PIN Learn More | Meeting options

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP 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 in Section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

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Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email:

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. (Date and time of the Opening are stated on the RFP cover page). All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.8 PROPOSAL REJECTION

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

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

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

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

• Proposal is conditioned on Agency’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 RFP or Amendment(s).

4.9 EVALUATION PROCESS

4.9.1 Responsiveness and Responsibility Determination

4.9.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). 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, Agency may waive mistakes in accordance with

OAR 125-247-0470.

4.9.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

4.9.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

4.9.2.1 Evaluation Item 1

• Stakeholder Engagement Approach. How well does the Proposer explain its approach to undertake the complex stakeholder engagement required for the Oregon Energy Strategy? (20 points)

4.9.2.2 Evaluation Item 2

• How well does the Proposer describe its ability to engage effectively with different audiences? How well does the Proposer describe its ability to manage diverse voices in one audience and ensure that all voices are heard? (10 points)

4.9.2.3 Evaluation Item 3

• How well does the Proposer describe its ability to lead meetings on complex energy-related subject matter with experts and non-experts alike? (10 points)

4.9.2.4 Evaluation Item 4

• How well does the Proposer demonstrate meaningful engagement with Environmental Justice groups, as defined in Task 3 of this Statement of Work?

(10 points)

4.9.2.5 Evaluation Item 5

• How well does the Proposer demonstrate a capacity to manage a project of this scope and complexity, including leading meetings, taking notes, clearly synthesizing conclusions from many meetings on complex topics, managing sub-contractors, and working with a technical contractor on complex topics? (10 points)

4.9.2.6 Evaluation Item 6

• How well does the Project Team reflect the expertise and project management skills required to successfully implement this project? (15 points)

4.9.2.7 Evaluation Item 7

• How well does the Proposer demonstrate experience with similar projects? (15 points)

4.9.2.8 Evaluation Item 8

• How much experience and knowledge does the Proposer have working with diverse stakeholders who would be relevant to this project in Oregon and the Pacific Northwest? (15 points)

4.9.3 PRICE EVALUATION

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

4.10 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE : 110

POINTS POSSIBLE 105

4.9.2.1

Evaluation Item 1 Stakeholder Engagement Approach. How well does the Proposer explain its approach to undertake the complex stakeholder engagement required for the Oregon Energy Strategy?

4.9.2.2

Evaluation item 2 How well does the Proposer describe its ability to engage effectively with different audiences? How well does the Proposer describe its ability to manage diverse voices in one audience and ensure that all voices are heard?

4.9.2.3 Evaluation Item 3 10

Points are the total possible for each section as listed in the table below.

Price points are calculated as stated in the Price Evaluation section.

4.11 RANKING OF PROPOSERS

The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

How well does the Proposer describe its ability to lead meetings on complex energy-related subject matter with experts and non-experts alike?

4.9.2.4

Evaluation Item 4 How well does the Proposer demonstrate meaningful engagement with Environmental Justice groups, as defined in Task 3 of this Statement of Work?

4.9.2.5

Evaluation Item 5 How well does the Proposer demonstrate a capacity to manage a project of this scope and complexity, including leading meetings, taking notes, clearly synthesizing conclusions from many meetings on complex topics, managing sub-contractors, and working with a technical contractor on complex topics.

4.9.2.6

Evaluation Item 6 How well does the Project Team reflect the expertise and project management skills required to successfully implement this project?

4.9.2.7 Evaluation Item 7 How well does the Proposer demonstrate experience with similar projects?

4.9.2.8

Evaluation Item 8 How much experience and knowledge does the Proposer have working with diverse stakeholders who would be relevant to this project in Oregon and the Pacific Northwest?

4.9.3 PRICE POINTS POSSIBLE 5

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

Agency may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

5.2.3 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.2.4 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.2.5 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 Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.2.6 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry.

5.2.7 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.2.8 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3 CONTRACT NEGOTIATION

5.3.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

(Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract/Price Agreement, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below.

However, Agency is not required to make any changes and 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.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

In the event that the parties have not reached mutually agreeable terms within 60 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= oregon4biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, 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 6.2 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 consent to the jurisdiction of any court.

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, 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 Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

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

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with 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, and costs associated with protests.

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025) https://www.oregon.gov/das

3.3 PROPOSAL REQUIREMENTS

5.3 CONTRACT NEGOTIATION