RFP #24-038-PSC Human Resource Legal Counsel

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Legal Counsel for Human Resource Related Matters

RFP No.: 24-038-PSC Closing Date: April 4, 2024 Time: 2:00 PM PT

Description: Multi-Year Professional Services Contract with a legal firm to provide guidance, representation, and legislative tracking in legal matters related to labor and employment, benefits and leave administration, workers’ compensation, and health/safety requirements.

Purchasing Contact: Tim Rogers (541) 685-7109 tim.rogers@eweb.org

Pre-Proposal Conference: NO

This is a COMPETITIVE SEALED PROCUREMENT. ELECTRONIC PROPOSALS ARE ENCOURAGED ON OREGONBUYS.

SEALED PROPOSALS will be received until the closing date and time noted above, either electronically on the OregonBuys website, or to 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 electronically on the OregonBuys website, via a Commercial Carrier such as UPS or FedEx, or if 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” mailto:tim.rogers@eweb.org

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Proposers 4

2 Statement of Services 10

3 Minimum Qualifications and Requirements 12

4 Evaluation Process & Contractor Selection 13

5 Evaluation Criteria 18

6 Proposal Form 20

ATTACHMENTS

C Sustainability Questionnaire 24

EXHIBITS

1 Sample Contract 25

LEGAL ADVERTISEMENT

RFP #24-038-PSC

LEGAL COUNSEL FOR HUMAN RESOURCE RELATED MATTERS

The Eugene Water & Electric Board (EWEB) requests proposals from legal firms interested in providing guidance, representation, and legislative tracking in legal matters related to labor and employment, benefits and leave administration, workers’ compensation, and health/safety requirements.

Proposals shall be submitted on the State of Oregon – OregonBuys website (https://oregonbuys.gov/bso/), or to Tim Rogers, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before 2:00 PM PT on Thursday, April 4, 2024. Proposals will not be accepted after this hour and date.

RFP documents may be obtained by downloading the RFP documents from the State of Oregon's bid site ("OregonBuys"): https://oregonbuys.gov/bso/. (Search for bid # 24-038-PSC. For navigation help, please call 1-855-800- 5046.)

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

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

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

Date: March 4, 2024

Tim Rogers, Purchasing Contact https://oregonbuys.gov/bso/

1. INSTRUCTIONS TO PROPOSERS

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

INFORMATION OF RECORD

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

CHECK THE WEBSITE ON A TIMELY BASIS.

PROPOSAL PREPARATION

EWEB’S environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, EWEB encourages the Proposer to submit their response using materials (i.e.

paper, dividers, binders, brochures, supplemental information, etc.) that contain postconsumer recycled content, are readily recyclable, and to avoid use of PVC and plastic. Proposers are responsible for all costs they may incur in connection with submitting a Proposal.

1.1 PROPOSAL FORMAT

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

Proposals.

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

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

1.3 PROTEST OF SPECIFICATIONS / REQUIREMENTS

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 # 24-038-PSC, April 4, 2024 Attn: Tim Rogers, Purchasing 4200 Roosevelt Blvd.

Eugene, Oregon 97402 or via email to tim.rogers@eweb.org.

If by email, insert the following in the subject header: RFP SPECIFICATION PROTEST, RFP #24-038-PSC

To be considered, protests shall be received no less than 5 business days before the RFP closing date (per EW-3-

0700(2)).

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

mailto:tim.rogers@eweb.org

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

Proposers may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions in the MS Word Sample Contract (Exhibit 1) and the Scope of Work stated in this RFP document.

(Proposer may show proposed changes by providing proposed revisions in cover letter.) Proposers may not protest or make a request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

Terms included with Proposer’s proposal documents will not be considered unless they are listed in the Cover Letter as requested terms to negotiate.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL TERMS AND CONDITIONS MAY BE MADE AT TIME OF PROPOSAL SUBMISSION. THERE MAY BE NO OPPORTUNITY TO DO SO

AT A LATER DATE.

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

BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.5 SIGNATURE ON PROPOSAL

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

Proposers shall only enter information within the proposal document where it is requested or required. Proposers shall NOT make any alterations to the original solicitation document. Any proposal that has been altered may be rejected.

1.6 CANCELLATION, REJECTION, DELAY OF RFP

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

1.7 OREGONBUYS ELECTRONIC RESPONSE

In order to submit an electronic proposal on the OregonBuys website, Proposer must be registered with

OregonBuys and able to submit an electronic proposal.

If you experience any issues registering, please contact OregonBuys at:

Phone: 1-855-800-5046 Email: support.oregonbuys@das.oregon.gov

If Proposer elects to submit proposal electronically, Proposer should follow the procedures outlined in https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pd f for electronic submission.

A video presentation on submitting an electronic proposal may be found at: Supplier - Submitting a Quote - Overview (periscopeholdings.com) mailto:support.oregonbuys@das.oregon.gov 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 https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(a) Electronically via Oregon Buys. See Section 1.7 for instructions on how to submit an electronic proposal.

(b) Sealed Proposals containing a minimum of one (1) original signed proposal response, including a Cover Letter introducing your legal firm, any Addenda to be acknowledged, (1) hard copy, 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 #24-038-PSC, THURSDAY, APRIL 4, 2024, 2:00 PM PT

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 will 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.

(c) REQUIRED PROPOSAL PACKAGE Complete, sign, and return the following documents as bid response. Failing to include these documents could lead to rejection of Proposal.

• Cover Letter, 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.

• Response to Minimum Qualifications (Section 3) https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

• Response to All Evaluation Criteria (Section 5)

• Proposal Form (Section 6)

• All Posted Addenda Acknowledged

• Attachment C – Sustainability Questionnaire

Below Requirements are for Proposals Not Submitted Using the OregonBuys Website:

• Flash Drive Copy, as detailed in Section 1.8(b)

• If submitting a hard copy proposal, please ensure you provide the original document(s), and a flash drive copy as detailed in Section 1.8(c).

(d) RESPONSIVENESS / RESPONSIBILTIY A “Responsive” proposal is a proposal that substantially complies with the Request for Proposals instructions and requirements.

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

ORS 279B.110(2).

1.9 ADDENDA

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

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

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

1.10 PROPOSAL MODIFICATION

Modifications or erasures made before proposal submission shall be initialed by the person signing the proposal.

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

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

1.12 EXCEPTIONS

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

SPECIFICATIONS / REQUIREMENTS. 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.

1.12 PROPOSAL OPENING: Unless otherwise provided by Law or Rule, proposals received in response to this Request for Proposals shall be opened at the scheduled closing date and time at the EWEB Purchasing department located at 4200 Roosevelt Blvd, Eugene, Oregon 97402. Proposers who attend the RFP opening shall be informed only of the names of Proposers submitting proposals. No other information shall be available at that time. Award decisions will NOT be made at the opening.

1.13 ALTERNATE PROPOSALS

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

1.14 PROPRIETARY DATA/PUBLIC RECORD

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

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

The Oregon Public Records Law exempts from disclosures only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance" ORS 192.345(2).

Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

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

INSTRUCTIONS TO PROPOSERS CONTINUED ON NEXT PAGE:

SCHEDULE OF EVENTS

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

Request for Proposal released March 4, 2024

Last Date for EWEB to receive Protests of Requirements/Specifications/Terms March 11, 2024

Last day for EWEB to receive questions from Proposers March 27, 2024

Last day EWEB will post Addenda March 29, 2024

Closing date (last day to submit proposals to EWEB) April 4, 2024

Responses evaluated April 4 – 11, 2024

Intent to Award Announcement April 15, 2024

Board Approval May 7, 2024

Contract Award May 8 – 10, 2024

2. STATEMENT OF SERVICES

2.1 BACKGROUND /OBJECTIVES

The Eugene Water & Electric Board, founded in 1911, is Oregon's largest customer-owned utility and provides electricity and water to more than 86,000 homes, business, schools and other customers in Eugene, Oregon. As a public utility, EWEB does not operate to earn a profit or to serve the investment needs of stockholders. Instead, EWEB is chartered by the city of Eugene to serve the interests of its citizens. The citizens of Eugene, therefore, are owners of the utility.

EWEB employs approximately 580 employees in a wide variety of trade, crafts, labor, technical, professional administrative, supervisory and management positions. Currently, IBEW Local 659 represents roughly 190 employees under a collective bargaining agreement.

EWEB desires to enter into a professional services Contract with a law firm to provide guidance, representation, and legislative tracking in legal matters related to labor and employment, benefits and leave administration, workers’ compensation, and health/safety requirements.

2.2 LENGTH OF CONTRACT.

The contract for this project (“Contract”) will start on approximately August 1, 2024, and will last roughly five (5) years.

2.3 RESERVED

2.4 LOCATION OF WORK

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

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

2.5 SCOPE OF WORK

Counsel shall provide legal services related to employment and personnel matters, including both general advice and litigation, on an “as-needed” basis, as requested by EWEB’s Leadership Team, the Human Resource Manager, or designees. Scope of the services will include, but are not limited to the following items or tasks:

2.5.1 Perform research and interpret laws, court decisions, and other legal authorities to prepare legal opinions and to render legal advice concerning employment and labor issues that affect EWEB business.

2.5.2 Provide guidance on policy and policy development, and requirements in general work practices.

2.5.3 Review and advise on Federal and State legislation or case law as needed to ensure EWEB’s policies and practices are appropriately adjusted to reflect current requirements related to labor and employment, benefits and leave administration, workers’ compensation, health and safety requirements, and other relevant areas of law.

2.5.4 Research and prepare for litigation support, including monitoring of all matters involving labor and employment litigation affecting EWEB. Represent EWEB in all labor and employment related actions, suits, or proceedings in which EWEB is a party or is legally interested.

2.5.5 Attend, as needed and directed by EWEB’s Human Resources Manager, meetings of the EWEB Board of Commissioners and meetings of the EWEB Leadership Team.

2.5.6 Conduct periodic training sessions for EWEB staff on issues jointly determined by EWEB and the firm.

2.5.7 Scope of Legal advice may pertain to:

(a) Hiring and selection

(b) Discipline and discharge

(c) Labor relations including interpretation, development, and execution of contract and/or settlement agreements, and related correspondence.

(d) Collective Bargaining, including development of strategies, development of contractual language, resolution of disputes, advice and counsel pertaining to legal issues.

(e) Advice on labor law and contracts including legal requirements pertaining to labor issues.

(f) Grievance responses including identification of contract issues and development of responses.

(g) Labor Arbitrations including representation before hearing officers, negotiation of issues and resolutions, etc.

(h) Workers’ compensation, including coordination with EWEB staff and third party insurer, to mitigate and defend contested claims.

(i) Unemployment Compensation, including representation at various levels of appeals.

(j) Wages and Benefits, including advice, representation, and identification/definition of issues related to existing and future wages, personnel and pension matters, and benefits (medical, dental, vision, retirement plans, Oregon PERS, etc.)

(k) Other employment and labor related inquiries, including questions about changes in applicable federal and state employment laws.

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 5) where point values shall be awarded. EWEB does not pre-qualify Proposers; your proposal must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

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

Item Requirement Pass / Fail

Must currently serve as employment/labor counsel to a minimum of three (3) governmental (public) entities, including but not limited to: cities, counties, schools, and other special districts.

The supervising attorney and each staff attorney proposed to provide legal services to EWEB must be licensed to practice law in the state of Oregon and be an active member in good standing of the Oregon State Bar Association.

In addition, the supervising attorney must have a minimum of five (5) years current experience in providing labor and employment legal services to Oregon local government clients, and a minimum of ten

(10) years as a member of the Oregon State Bar Association.

4. EVALUATION PROCESS & CONTRACTOR SELECTION

EWEB intends to use a Single-tier evaluation process where award is based on written evaluation response and price;

interviews are not held. Further details follow.

The total number of points possible for written proposals is 100.

Points are assigned as follows:

Criteria Total Possible Points

Minimum Qualifications Pass/No Pass only Firm Background / Experience 25 References 15 Breadth of Experience 20 Relevant Issue Examples 10 Other Information 5 Pricing Proposal 25

TOTAL POSSIBLE SCORE 100

4.1 Review and Acknowledgment of Defective Proposals

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

4.2 Right of Rejection

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

Proposers may not make stipulations or restrict the rights of EWEB. If a 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 disbarred or suspended Proposer shall be rejected.

4.3 References

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

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

4.4 Responsibility

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

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

4.5 Clarification of Response

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

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

4.6 Evaluation Process

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

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

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

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

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

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

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

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

4.7 RESERVED

4.8 Contractor Selection

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

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

4.9 Notice of Intent to Award

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

4.10 Contract Negotiation

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

a) The Statement of Work;

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

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

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

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

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

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

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest ranked Proposer and continue the process until EWEB has determined to award the Contract to the Proposer with whom it is currently discussing or negotiating. If negotiations with any Proposer does not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may reject all proposals and cancel the RFP.

Nothing in the rule precludes EWEB from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

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

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

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

EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the

EWEB Purchasing Contact listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

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

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

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

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

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

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the

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

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

5. EVALUATION CRITERIA

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

5.1 FIRM BACKGROUND / EXPERIENCE (20 points possible)

Describe your firm’s background and history, including the number of years experience in labor/employment related legal counsel services and the scope of services currently being provided to governmental entities. If possible, include the names of current governmental clients. Discuss your firm’s philosophy for providing labor and employment legal services, as well as the philosophy you, as supervising attorney, believe is appropriate for

EWEB.

5.2 REFERENCES (15 points possible)

5.2.1 Client References (10 points possible)

Provide a minimum of five (5) client references, three (3) from the public sector and two (2) from the private or non-profit sectors, for whom your firm has provided labor and employment legal services within the last two years. Each listed reference should include a short description of the specific services provided to the client. Provide relevant references that are familiar with the experience of each proposed (staff) attorney who would be providing services to EWEB.

5.2.2 Peer References (5 points possible)

Provide evidence in the form of two (2) peer references of a positive professional reputation in the legal community on the part of the Proposer and Proposer’s staff to affirm high-quality legal services and demonstrate sound judgment, integrity, and reliability.

5.3 BREADTH OF EXPERIENCE (20 points possible)

Submit resumes for attorneys and other key staff who will be providing legal services to EWEB. Clearly describe the legal training and experience attained. Specifically include details of experience in providing labor and employment legal services to Oregon local government clients. Breadth and relevance of experience of the attorneys and staff proposed to provide EWEB labor and employment legal services will be used in the scoring of this category.

5.4 RELEVANT ISSUE EXAMPLES (10 points possible)

Provide two (2) examples of complex labor and employment legal issues your firm has successfully handled for other public agency clients.

5.5 OTHER INFORMATION (10 Points Possible)

Demonstrate capability to complete the requested scope of services. Response must list:

• An explanation describing how the firm can accommodate varying levels of work assigned under a contract, including any limitations.

• An explanation of staff and resource capacity to respond to time-sensitive or short-notice requests and/or complicated issues;

• Proposed hours of availability of legal and support staff;

• Describe what your firm would need to do to be ready and able to begin providing labor and employment legal services to EWEB as of 7/1/2024. Include a description of how you propose to transition the services from EWEB’s predecessor firm, if applicable.

5.6 PRICING PROPOSAL (25 Points Possible)

5.6.1 Proposers shall detail the hourly rates to be charged for partners, senior associates, associates, paralegals, legal assistants, clerical, and any other support staff. In addition, any potential additional cost, i.e. travel, per diem, etc., must be detailed in the proposal response. Any costs must be spelled out in the proposal; otherwise, they will be deemed non-billable or non-collectible costs of the Proposer doing business.

5.6.2 Cost of Services Performed and Paid For on an Hourly Basis for Litigation in any forum, arbitrations, administrative claims and hearing (including but not limited to complaints before BOLI, EEOC, DOL, etc), settlement negotiations, contract negotiations, and work on any project or matter within the scope of the retainer services that exceeds two hours of work.

5.6.3 Retainer Quote: please provide a flat monthly fee (retainer) and the maximum number of hours per month to be provided under the retainer model for matters related to the scope of work detailed in Section 2.5, above.

Please provide any additional cost of service proposals that your firm would like to present to EWEB.

5.7 ADDITIONAL SERVICES (not scored but may be used in overall evaluation of other criteria) Provide a brief description of any other services that your firm could provide EWEB and an approximation of the hourly charge for each service of this type. Such services would again be contracted for on an “as needed” basis, to be provided and billed for separately.

OPTIONAL – INTERVIEW / PRESENTATION PHASE

5.8 STEP TWO – INTERVIEWS / PRESENTATIONS

The outcome of the written proposal evaluations may result in placement on an interview / presentation list.

Should EWEB elect to hold interviews / presentations, the total points possible for the interview / presentation will be indicated in the Interview / Presentation Invite letter.

EWEB may invite up to the three (3) highest-ranked firms (or at a natural break in scoring) to interview / present.

The Firm’s Key Persons as identified by EWEB shall be prepared to attend the interview / presentation after notification by EWEB and shall be prepared to answer questions as provided with the Interview / Presentation Invite letter.

Should EWEB determine to hold interviews / presentations, all proposers will be notified in writing of their standing. Proposers not included in the Competitive Range will be eliminated from further consideration.

RFP #24-038-PSC Human Resources Legal Counsel

6. PROPOSAL FORM

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Separate and clearly identify all sections and include a Table of Contents. Headers, titles and tabs should be used to identify required information.

A. PROPOSAL PACKAGE

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

(Failing to include these documents could lead to rejection of Proposal.)

Place a check in front of each 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.

RESPONSE TO MINIMUM QUALFICATIONS per Section 3

RESPONSE TO ALL EVALUATION CRITERIA listed in Section 5

PROPOSAL FORM – This Section 6

ALL POSTED ADDENDA ACKNOWLEDGED

ATTACHMENT C – SUSTAINABILITY QUESTIONNAIRE

- Requirement Below ONLY for Proposals Not Submitted on the OregonBuys Website:

FLASH DRIVE COPY – Combine all documents in one pdf file

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP DOCUMENTS:

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

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

Check if not applicable or no Addenda were received: ____

PROPOSAL FORM CONTINUED ON NEXT PAGE:

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? (Indicate Yes or No) _______

If yes, please indicate which of the following applies: ______________________________

Minority Owned, Woman Owned, Emerging Small Business, or 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 sub-contractors, agents, officers and representatives do not qualify as officers, employees, or agents of EWEB as those terms are used in ORS 30.265 nor shall they seek such qualification relating to performance of the Work.

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

PROPOSER SIGNATURE / EXECUTION OF RFP SUBMISSION

F. ASSURANCES:

The undersigned attests that they:

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

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

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

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

Have not and will not discriminate against a sub-contractor in the awarding of a sub-contract because the sub-contractor 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.