23-161-G Control House for Danebo Substation-FINAL~2.pdf

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Control House for Danebo Substation

RFP No.: 23-161-G Closing Date: September 6, 2023 Time: 2:00 PM / PT

Description: EWEB wishes to procure a prefabricated control building for their replacement of Danebo Substation switchgear. This building will be fully integrated with medium-voltage metal clad switchgear and is to come equipped with full station service and substation protection.

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

Pre-Proposal Conference: NO

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

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

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

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

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

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

TABLE OF CONTENTS

Section Description Page

Legal Advertisement

1 Instructions to Proposers

2 Scope of Work / Technical Specifications

3 Minimum Qualifications and Requirements

4 Evaluation Criteria

5 Evaluation Process & Contactor Selection

6 Proposal Form

ATTACHMENTS

A Standard Terms and Conditions for Goods

C Recycled Products / Sustainability Questionnaire

EXHIBITS

1 Sample Contract

2 Technical Specifications

3 Drawings

List of Documents Provided in Exhibits 2 and 3:

Material Specifications ES3-9.800 – Prefabricated Substation Control House and Switchgear Enclosure ES3-9.710 – Metal-Clad Switchgear 2000 Amp Bus

Control House Layout Drawing UNASSIGNED Drawing Number – Danebo Control House Layout

EWEB Standard Drawings ED3-3.0100 – Switchboard Device Callouts ED3-3.1506 – Terminal Cabinet Backplane Construction ED3-3.3000 – Device & Terminal Block Wiring Reference ED3-3.5000A – 125V DC Battery and Distribution ED3-3.5500 – AC Panel and Station Service EC3-3.6601 – Flextray Construction EC3-5.1015 – 2000A Metal Clad Switchgear Panel Layout EC3-5.0203 – Lockout Relay Schematic & Connection Diagram ED3-5.0511 – Close, Reclose & Instantaneous Block Switches EC3-5.1017 – Switchgear Arc Flash Overview EC3-5.1018 – Switchgear Arc Flash Lockout Schematic & Wiring EC3-5.0521 – SEL-751 Feeder Breaker Standard EC3-5.0522 – SEL-751 Main Breaker Standard EC3-5.0523 – SEL-751 Bus Tie Breaker Standard EC3-5.0543 – Large Load Dynamic Settings Change ED3-5.1005 – SEL-387 Bus & XFMR Standard EC3-5.1005 – SEL-387 Bus & XFMR Standard EC3-5.1011 – Main Breaker Protection Schematic EC3-5.1013 – Feeder Breaker Protection Schematic EC3-5.1020 – Bus Tie Breaker Protection Schematic ED3-7.0135 – GaugeteTech Shark Panel Meter Standard ED3-3.0500B – Test Switch Nameplates

LEGAL ADVERTISEMENT

RFP # 23-161-G

Control House & Switchgear for Danebo Substation

The Eugene Water & Electric Board (EWEB) requests proposals from manufacturing companies/firms interested in providing a control house with integrated medium-voltage switchgear for EWEB’s Danebo substation in Eugene, OR.

Proposals shall be submitted to Sandra Hahn, Purchasing Contact, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 2:00 pm, September 6, 2023. 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 ("Oregon Buys"): https://oregonbuys.gov/bso/. (Search for bid # S-000140-00007783. 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 sixty (60) days from the date and time set for opening.

EWEB reserves the right to waive any or all informalities and irregularities; may cancel the Request for Proposals;

and may reject any or all proposals pursuant to EWEB Rule 3-0640.

Date: August 7, 2023

Sandra Hahn Purchasing Analyst 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

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 (Bidder Residency Information etc.) 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 # 23-161--G

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 # 23-161-G

To be considered, protests shall be received no later than August 28, 2023.

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.

1.4 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b)

Proposers may include in the Cover Letter of their response, proposed contractual terms and conditions revisions to the Sample Contract (Exhibit 1). Proposers may not protest or 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.

mailto:sandra.hahn@eweb.org

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.

Proposers responding to either RFPs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs, which includes, but is not limited to: submittal preparation, submittal, travel, expenses, interviews, presentations, or evaluation of any proposal.

1.7 RESERVED

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 # 23-161-G, SEPTEMBER 6, 2023, 2:00 PM

Eugene Water & Electric Board/Purchasing 4200 Roosevelt Blvd.

Eugene, OR 97402

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

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

(B) REQUIRED PAGES & CONTENT OF PROPOSAL

Proposer MUST complete, sign, and return the following pages with their RFP response:

• 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)

• Attachment B - Bidder Residency Information

• 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 ("Oregon Buys"):

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

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 https://oregonbuys.gov/bso/ closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers may not modify proposals after RFP closing date and time.

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

1.12 EXCEPTIONS

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

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

1.13 ALTERNATE PROPOSALS

Proposers may submit more than one proposal. All proposals must comply with the requirements of the RFP except those 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.

Last day for EWEB to receive questions from Proposers August 29, 2023

Last day EWEB will post Addenda August 31, 2023

Closing date (last day to submit proposals to EWEB) September 6, 2023

Responses evaluated September 14, 2023

Intent to Award Announcement September 14, 2023

Optional to EWEB – Factory tour

Board Approval October 3, 2023

Contract Award October 5, 2023

ANTICIPATED PROJECT SCHEDULE:

Manufacturer Drawings December 2023

Factory Acceptance Testing July – August 2024

Delivery to Project Site September – October

2. SCOPE OF WORK / TECHNICAL SPECIFICATIONS

2.1 BACKGROUND /OBJECTIVES

EWEB wishes to procure a prefabricated control building for their rebuild of Danebo Substation. This building will be fully integrated with medium-voltage metal clad switchgear and is to come equipped with full station service, substation protection and control panels, and communications equipment.

2.2 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start from the date of award, approximately August 4, 2022, and is estimated at this time to last approximately 14 months.

2.3 PRIMARY DELIVERY DATE OF EQUPMENT

September 1, 2023 -October 31, 2024. Specific date will be finalized before Contract is signed by both parties.

Please note that a contractor’s inability to meet this delivery date is not subject for bid rejection, however a delivery date that can meet this specification will increase the Proposer’s score. (The contractor should highlight inability to meet delivery date in their response and state their expected availability.)

2.4 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Contractor’s business location and Danebo substation, 1050 Williams Street, Eugene, OR 97402.

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

2.5 SCOPE OF WORK

The Contractor shall design, manufacture, test, ship, offload, and reassemble (as required) a prefabricated building with integrated 15kV metal clad switchgear. The building will include elements solely designed by the Contractor..

Elements designed by others include:

• Necessary ground/foundation work to support control house including conduits.

Elements design by the Contractor include:

• Building utility services per EWEB specifications

• 15kV switchgear per EWEB specifications

• Control integration with design by others

The completed building shall be delivered to Danebo Substation and offloaded by the Contractor. The building will be reassembled and retested per EWEB and Contractor standards before being turned over to EWEB for final integration with Danebo Substation.

2.6 TECHNICAL SPECIFICATIONS

The “Technical Specifications” (attached and incorporated into this Request for Proposals) provide the information required from the Proposer.

3. MINIMUM QUALIFICATIONS (PASS/FAIL)

Minimum Qualifications (Pass/Fail)

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

Only Proposers that meet all of the Minimum Qualifications will be evaluated on the content of their response to scored Evaluation Criteria (Section 4) where point values shall be awarded. EWEB does not pre-qualify Proposers;

your proposal must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

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

A. Contractor shall have minimum of 10 years of experience in the design, manufacturer, and testing of prefabricated control buildings.

B. Welding work must be performed by AWS qualified personnel. Please provide certificates of key welding personnel or an accredited training program.

C. Contractor shall have minimum of 5 years of experience in the design, manufacturer, and testing of medium voltage switchgear.

D. History of Performance: 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 reserve the right, at its sole discretion, to reject the Proposal on the grounds of Proposer’s past performance.

4. EVALUATION CRITERIA

Instructions - Include in your proposal package a response to the following questions, 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.

A. PRODUCT COMPLIANCE WITH EWEB SPECIFICATIONS (50 points possible)

Product Compliance

1. Provide a list specifically stating which specifications will be met and which ones will not. This must be done for each requirement in the specification. If variations exist, indicate the non-complying specification and how it will align with EWEB’s system. Include information to describe the entire design and fabrication process as applicable, including flow charts, testing forms, cut sheets, and drawings.

2. Supply information regarding the design, fabrication, and testing procedures used by the manufacturer in manufacturing the control house and all included accessories that would be furnished to EWEB.

3. Provide experience in “turn-key” installations similar to what is being requested. At least one supplied reference should be from a project that utilized a “turn-key” format.

4. Complete Exhibit B of ES3-9.800.

Maintenance

5. Explain the maintenance required for all equipment provided by the contractor in the control house.

Include a list of suggested maintenance, as well as their intervals.

6. Please list all service locations for the switchgear and medium voltage circuit breakers within the United

States. Provide the contact information and address of these service locations.

Preliminary Plans & BOM

7. Provide a manufacturer generated drawings of the control house equipment layout, one-line and/or three-line diagrams.

8. Provide all submittals listed in Section 7.1 of material specification ES3-9.800

9. Provide a preliminary Bill of Materials (BOM) for all equipment provided by the manufacturer.

Installation Contractor Training/Qualifications

10. Provide documentation/references for installation contractor including minimum training required as it pertains to the control house, utility controls, the provided switchgear, and medium voltage circuit breakers.

Delivery schedule and lead times

11. Provide estimates of the following, in # of weeks:

a. Completed EWEB provided drawings (after receipt of order)

b. Drawings for approval (after receipt of order)

c. Control house delivery (after receipt of order)

d. Control house assembly and on-site testing (after delivery)

A. DEGREE OF PROPOSED CHANGES TO CONTRACT (10 points possible)

EWEB seeks to contract with a Proposer who requires as few changes to the terms as possible and will evaluate the significance of the proposed changes as well. Please indicate any proposed changes your company has to the terms and conditions of this Contract.

B. CUSTOMER REFERENCES (10 points possible)

Provide, at a minimum, a list of three North American utilities for whom your company has provided prefabricated control buildings with integrated switchgear within the past 5 years. For each reference, provide the following:

a. Business name of customer (Company/entity)

b. Location of customer/ project (City/state)

c. Name & telephone number of contact person

d. Brief description of product provided and why your organization believes this customer was particularly satisfied with your product and service.

PRICING PROPOSAL (Scored)

C. Pricing Proposal (30 points possible) - Please provide the following price information:

Item Description Unit Cost

1 Control House with integrated 15kV Metal-Clad Switchgear

2 Additional Communications and Control Panels This line not required

3 Delivery, Installation, and Field Testing

4 Remote Racking Device: _____________________________ (make/model)

Total Cost:

Pricing information shall be included for any manufacturer recommended spare parts or EWEB requested spare parts. Provide description and pricing for such items as part of your pricing proposal:

Item Description Price per unit

1 $

2 $

Total points for cost will be determined according to the following formula:

A = Total Possible points = 30 L = Lowest cost proposed X = Cost being scored B = Awarded Score

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

Example: If A = 50 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 30 = 20 points

5. EVALUATION PROCESS & CONTRACTOR SELECTION

Points are assigned as follows:

Criteria Total Possible Points

Minimum Qualifications Pass/No Pass only Compliance with Specs 50 Pricing Proposal 30 Degree of Proposed changes to Contract 10 Customer References 10

TOTAL POSSIBLE SCORE 100

5.1 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.

5.2 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.

5.3 References

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

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

5.4 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.

5.5 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.

5.6 Evaluation Process

Written proposals will be evaluated; scoring and Contract award will be based on Proposers qualifications and experience.

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) A multi-step Request for Proposals that require additional information designated in Rule 3-0232;

or

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

5.7 EWEB may opt to visit the factory of the one, two, or all three of the shortlisted proposers and finalize their scores thereafter. Factory visits will be of the most interest to EWEB if EWEB has never conducted business with a shortlisted Proposer but may be for other reasons in EWEB’s best interest.

EWEB reserves the right to forego factory tours with any of the three highest ranked Proposers if in EWEB’s best interest to do so. Scores are then finalized and ranked and an Intent to Award to the highest ranked Proposer will be announced.

5.8 Contractor Selection

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

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

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

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

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

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

5.9 Notice of Intent to Award

After the completion of the evaluation and ranking, the Purchasing Contact will issue a written notice of

Intent to Award and send copies to all Proposers. The notice will set out the names and ranks of all Proposers and identify the Contractor selected for award.

5.10 Contract Negotiation

EWEB will begin negotiating a Contract with the highest ranked Proposer and will direct negotiations toward obtaining written agreement on:

a) The statement of work;

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

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

Sections 1.3 and 1.4 of the Request for Proposal.

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

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

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

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

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest ranked Proposer and continue the process until EWEB has determined to award the Contract to the Proposer with whom it is currently discussing or negotiating. If negotiations with any Proposer do 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.

5.13 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.

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. Responses to the Evaluation Criteria found in Section 6 shall be organized in the order listed in Section 5, preferably by re-stating the Criteria, then responding below.

A. THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:

(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 RESPONSE TO MINIMUM QUALFICAITIONS per Section 3 RESPONSE TO ALL EVALUATION CRITERIA listed in Section 4

ATTACHMENT C – RECYCLED PRODUCT / SUSTAINABILITY QUESTIONNAIRE

FLASH DRIVE COPY – Combine all documents in one pdf file

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP DOCUMENTS:

Proposer acknowledges receipt of 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.

CONTRACT SIGNATURE / EXECUTION

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: ____________________________________________________________________________________

Rev. 3-27-23 1

ATTACHMENT A

STANDARD TERMS & CONDITIONS FOR THE PURCHASE OF GOODS

A.1 DEFINITIONS:

“Contract” or “Contracts” means the Written agreement(s), resulting from the Solicitation Document that sets forth the rights and obligations of the parties.

“Contractor” means the Person with whom EWEB enters into a Contract.

“Goods” includes products that have associated or incidental service components, such as supplier warranty obligations or maintenance service programs. (See ORS 279B.115(1))

"Person" means a natural person capable of being legally bound, a sole proprietorship, a corporation, a partnership, a limited liability company or partnership, a limited partnership, a for-profit or nonprofit unincorporated association, a business trust, two or more persons having a joint or common economic interest, any other person with legal capacity to contract or a public body.

“Rule” means a Rule within the EWEB Public Contracting Rules.

“Working hours” means EWEB’s regular business hours, which currently are Monday through Friday, 9 a.m. to 5 p.m., excluding EWEB recognized holidays.

All other terms not expressly identified above shall have the meanings as set forth in EWEB Public Contracting Rules, Division 1 - Definitions.

A.2 HEADINGS:

The section headings in this Contract are included for convenience only; they do not give full notice of any portion of the terms of this Contract and are not relevant to the interpretation of any provision of this Contract.

If these Terms and Conditions are attached to a Request for Proposals (RFP) solicitation, then "ITB", whenever stated herein, shall mean "RFP".

A.3 STANDARD AND SPECIAL TERMS AND CONDITIONS;

ORDER OF PRECEDENCE:

These printed Terms and Conditions are the Standard Terms and Conditions for EWEB contracts for the purchase of goods.

EWEB may also provide "Special Terms and Conditions" elsewhere in the Contract which apply only to this Contract.

Whenever possible, all terms and conditions are to be harmonized. In the event of a conflict between the standard and "special terms and conditions", the "special terms and conditions" take precedence, unless the standard term(s) in question is/are required by law. In the event of any other conflict, 1) the special terms and conditions, 2) these Standard Terms and Conditions, 3) the Invitation to Bid or Request for

Proposal, and 4) the bid or response thereto shall be interpreted in the foregoing order of precedence. By signing this Contract, Contractor agrees that, in the event of a conflict, all the terms and conditions of this Contract supersedes all preprinted terms and conditions on any forms used by the Contractor.

A.4 DELIVERY:

All deliveries shall be F.O.B. destination with all transportation and handling charges paid by Contractor, unless specified otherwise in the Contract. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance.

A.5 WARRANTIES:

Unless otherwise stated, all goods shall be free and clear of any liens or encumbrances and shall be new (and, if applicable, the current model) and shall carry full manufacturer warranties.

Contractor warrants all goods delivered to be free from defects in labor, material and manufacture and to be in compliance with the specifications set out in this Contract.