24-194-G 50 MVA Transformer Purchase.pdf

Rev 09-24 RFP # 24-194-G

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

50 MVA Transformer for Carmen-Smith

RFP No.: 24-194-G Closing Date: Monday, November 18, 2024 Time: 2:00 PM PT

Description: EWEB wishes to procure a 37.5/50MVA GSU transformer for use in a new load bank installation at its Carmen-Smith hydroelectric project in Linn County, Oregon.

Purchasing Contact: Sandra Hahn (541) 685-7163 sandra.hahn@eweb.org

This is a COMPETITIVE SEALED PROCUREMENT.

ELECTRONIC PROPOSALS SUBMITTED VIA THE OREGONBUYS BID SITE ARE REQUIRED. Emailed submittals will not be accepted.

To ensure your submission is received prior to the closing date and time, it is recommended that you begin the submittal process on the OregonBuys website at least 48-hours prior to the closing date and time listed above to ensure successful submission.

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, bidding process, and/or the award process, shall be directed via email to the Purchasing Contact listed above. EWEB’s official response to any questions or requests will be in writing via the Addendum process.

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

TABLE OF CONTENTS

Section Description

Legal Advertisement

1 Instructions to Proposers

2 Technical Specifications

3 Minimum Qualifications and Requirements

4 Evaluation Process & Contractor Selection

5 Evaluation Criteria

6 Proposal Form

ATTACHMENTS

1 Technical Specifications

2 Drawings

EXHIBITS

1 Sample Contract (Additional Word version available on Bid Site)

LEGAL ADVERTISEMENT

RFP #24-194-G

50 MVA Transformer for Carmen-Smith

EWEB wishes to procure a 37.5/50MVA GSU transformer for use in a new load bank installation at its Carmen- Smith hydroelectric project in Linn County, Oregon.

Proposals shall be submitted on the State of Oregon – OregonBuys website (https://oregonbuys.gov/bso/), before, 2:00 pm, November 18, 2024. (Emailed responses will not be accepted.) Proposals will not be accepted after this hour and date.

RFP documents may be obtained by downloading the RFP documents from the State of Oregon's bid site ("OregonBuys"): https://oregonbuys.gov/bso/. (Search for bid # S-P00140-00011885 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 (EWEB Rule 3-0470) and may cancel the Request for Proposals or reject any or all proposals pursuant to EWEB Rule 3-0640.

Date: October 21, 2024

Sandra Hahn Purchasing Contact https://oregonbuys.gov/bso/

1. INSTRUCTIONS TO PROPOSERS

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

INFORMATION OF RECORD

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

CHECK THE WEBSITE ON A TIMELY BASIS.

PROPOSAL PREPARATION

1.1 PROPOSAL FORMAT AND COST

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

Proposer is responsible for all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

1.2 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 via email to sandra.hahn@eweb.org.

Insert the following in the subject header:

RFP SPECIFICATION PROTEST, RFP #24-194-G

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.

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

Proposers may propose revisions to EWEB key contractual terms and conditions stated in the MS Word Sample Contract (Exhibit 1), however the number and degree of proposed changes will be scored and will contribute to the total score towards Contract award. (Proposer may show proposed changes by using Word Track Changes tool to edit the document and/or use comments. An extra Word version of the Sample Contract will be available on the bid site.) 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 own terms and conditions, standard contract, master services agreement, etc.

mailto:sandra.hahn@eweb.org

EWEB reserves the right to negotiate any proposed revisions to EWEB terms with Proposer and either accept or reject the revisions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL TERMS AND CONDITIONS MAY BE MADE AT TIME OF BID 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.

1.4 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.

1.5 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.

1.6 RESERVED

PROPOSAL SUBMISSION

1.7 PROPOSAL SUBMISSION ON BID SITE

(a) OregonBuys Electronic Response

Please be sure to combine all documents into one pdf file before attempting to submit your bid into the OregonBuys bid site.

In order to submit an electronic proposal on the OregonBuys website, Proposer must be registered with OregonBuys and able to submit an electronic proposal. For instructions to register on OregonBuys, visit the following site: OrBuysSupplierRegistrationSteps.pdf (oregon.gov)

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

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

When Proposer is submitting their proposal electronically, Proposer should follow the procedures outlined in any of the following:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20R esponse.pdf for electronic submission.

A video presentation on submitting an electronic proposal may be found at: Supplier - Submitting a Quote - Overview (periscopeholdings.com) https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf 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

Proposals received in a manner other than through the OregonBuys website and/or 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.

(b) REQUIRED PROPOSAL PACKAGE Complete, sign, and return the following documents as RFP response. Failing to include these documents could lead to rejection of Proposal. Please arrange your proposal in the following order. Identification of each section using PDF bookmarks is not required but very much appreciated.

• Cover Letter

• Response to Minimum Qualifications (Section 3)

• Response to All Evaluation Criteria (Section 5)

• Proposal Form (Section 6)

• All posted addenda acknowledged

• Bondability Letter from Bidder’s Surety Firm (see Section 1.16)

(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).

1.8 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 formal 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/.

1.9 PROPOSAL MODIFICATION

If a Proposer wishes to make modifications to a submitted Proposal, Proposer must do so through OregonBuys prior to the Proposal Due Date and Time stated on the Cover Page for this RFP.

1.10 PROPOSAL WITHDRAWALS:

If a Proposer wishes to withdraw a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button prior to the Proposal Due Date and Time stated on the Cover Page for this RFP.

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

1.11 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. Enquiring Proposers 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.

1.15 SOCIAL EQUITY

EWEB supports the use of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF). EWEB encourages the awarded offeror to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses as applicable:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Oregon State Office of Minority, Women and Emerging Small Business (OMWESB) by visiting their website at:

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website to search for Qualified Rehabilitation Facilities from whom to procure products or services.

1.16 REQUIRED SUPPLY BOND

Upon award, successful bidder will be asked to furnish a supply bond in a form acceptable to EWEB to guarantee the successful delivery, testing, and commissioning of the transformer in the form of EWEB’s Notice of Final Acceptance of the unit. This bond will not be released until such notice is issued. The bond should cover EWEB’s invoiced and paid costs in the unlikely event that 1) Notice to Cure has been issued due to the final deliverable not meeting Contract specifications, and 2) Contractor is not able to Cure to an acceptable standard to be used and operable.

The Bidder shall also furnish (in their RFP response package) a bondability letter from the surety that will be furnishing the bond, demonstrating Contractor’s ability to post the required bond.

SCHEDULE OF EVENTS

1.17 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 10-21-24

Last day for EWEB to receive questions from Proposers November 11, 2024

Last day EWEB will post Addenda on Bid Site November 13, 2024

Closing date (last day to submit proposals to EWEB) November 18, 2024

Responses evaluated November 26, 2024

Intent to Award Announcement Posted on Bid Site November 27, 2024

Optional to EWEB: Factory Tour December 4 through

6, 2024 (best estimate)

Board Approval January 7, 2025

Contract Award January 9, 2025

2. TECHNICAL SPECIFICATIONS

2.1 BACKGROUND /OBJECTIVES

EWEB wishes to procure a 37.5/50MVA GSU transformer for use in a new load bank installation at its Carmen-Smith hydroelectric project in Linn County, Oregon.

The Eugene Water & Electric Board (EWEB) requires one (1) GSU to connect a new load bank to EWEB’s Carmen-Smith hydroelectric project. The Contractor shall provide the transformer in strict accordance with the Contract specifications. Transformer shall be a new, unused, current production model. No prototype components shall be used. The transformer shall include all inspection coupons and warranty identifications cards furnished to general trade.

2.2 SCOPE OF WORK

The Contractor is responsible for constructing and providing the required transformer in accordance with the specification.

The Contractor is responsible for shipping and handling of unit to the Carmen load bank station site in Eugene, Oregon via FOB DESTINATION, offloading unit onto the transformer foundation in the load bank station, assembly, and field testing of the transformer on the transformer foundation. The load bank station site is adjacent to the Carmen-Smith hydroelectric project office, located at 59727 McKenzie Hwy. 126, McKenzie Bridge, OR 97413.

2.3 TECHNICAL SPECIFICATIONS

The “Technical Specifications” are attached and incorporated into this Request for Proposals as Attachment #1.

3. MINIMUM QUALIFICATIONS (PASS/FAIL)

Minimum Qualifications (Pass/Fail)

Following are the “Minimum Requirements” that shall be met by all Proposers. Response to this section will be considered on a pass or fail basis. Response to each and all requirements must pass before a proposal will be reviewed and scored by the evaluation team.

Proposers shall respond to each of the Minimum Requirements in writing in a brief and concise manner. (See Submittal section following.) 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.

1. Contractor shall have minimum of 10 continuous years of experience in the design, manufacturer, and testing of power transformers and at least 5 years in the design, manufacturer and testing of FR3 filled power transformers.

2. Contractor must have service and repair facilities capable of complete overhaul of power transformers.

3. Contractor must identify the manufacture location of unit to be proposed and the location of design staff, if different from the manufacture location.

4. Proposer should not have had a contract terminated for default or breach in the last 5 years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Contractor has had a contract terminated for default in this period, then the Contractor 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 Contractor’s past performance.

5. Proposer must provide client references for past equipment supply contracts for three 50 MVA OR

LARGER transformers within the last 10 years, similar in nature to the requirements specified and required for this proposal, that were delivered and accepted with no request for deficiency cure.

Please see Submittal instructions on the following page.

SUBMITTAL OF PROPOSER QUALIFICATIONS

Please provide the following information in an individual document labeled “Minimum Qualifications”.

1. Company Information:

a. Indicate whether Proposer is a sole proprietor, partnership, LLC, corporation or other (specify).

b. Indicate how many years Proposer has continuously been in business in the design, manufacture, and testing of power transformers.

c. Indicate the number of years Proposer has continuously been in business in the design, manufacture, and testing of FR3 filled power transformers.

2. Provide address for up to 3 of the closest (to Eugene, OR) service and repair facilities capable of complete overhaul of power transformers.

3. Provide address of the manufacturing location of the unit that will be proposed and the location of the design, staff, if different from the manufacturing location.

4. Has Proposer had a contract terminated for default or breach in the last 5 years?

Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Contractor has had a contract terminated for default in this period, then the Contractor 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 Contractor’s past performance.

5. Please provide up to 3 client references for past equipment supply contracts for 50 MVA OR LARGER transformers within the last 10 years, similar in nature to the requirements specified and required for this proposal, that were delivered and accepted with no request for deficiency cure.

For EACH client reference, the following information shall be provided:

a. Name of client

b. Brief description of equipment furnished

c. Order due date & actual completion date

d. Original contracted cost and actual cost at time of Final Completion

e. Client contact person who is able to attest for Proposer’s performance, including:

o Contact Name o City/State Located In o Email Address o Direct Telephone Number

f. Please ensure that the Contact still works at the company and that he or she is willing to speak to EWEB for purposes of checking references.

g. Please provide explanation for any contract where delivery was late or cost higher than originally contracted.

4. EVALUATION PROCESS & CONTRACTOR SELECTION

EWEB intends to use a Single-Tier evaluation process.

A Competitive Range of shortlisted Proposers are determined by their qualifications/proposed pricing to fulfill the Work. An Intent to Award will be announced. EWEB reserves the option to conduct a factory inspection of the Finalist’s plant to confirm award. Additional detail can be found below. Contract terms must be successfully negotiated with the Finalist to result in a final award.

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

Points are assigned as follows:

Criteria Total Possible Points

Tier One

Minimum Qualifications Pass/No Pass only Compliance w/EWEB’s Specifications 60 Ability to Meet EWEB Terms 30 Lead Time 40 Client References / Past Performance 30 Pricing Proposal 40

Tier Two

Optional to EWEB: Factory Tour of Finalist Pass/No Pass only

TOTAL POSSIBLE SCORE 200

4.1 Review and Acknowledgment of Defective Proposals

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

4.2 Right of Rejection

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

Proposers may not make stipulations or restrict the rights of EWEB. If an Proposer does so, the Purchasing Contact may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

The Purchasing Contact may waive minor informalities that:

• do not affect responsiveness,

• are merely a matter of form or format,

• do not change the relative standing or otherwise prejudice other offers,

• do not change the meaning or scope of the RFQ/RFP,

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or,

• do not constitute a substantial reservation against a requirement or provision, EWEB reserves the right to refrain from making an award if it determines that to be in its best interest.

A proposal from a debarred or suspended Proposer shall be rejected.

4.3 References

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

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

4.4 Responsibility

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

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

4.5 Clarification of Response

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

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

4.6 Evaluation Process

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.

Proposals will be evaluated, scored, and ranked from highest score to lowest. A Finalist will be determined by the highest number of points earned.

4.7 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

The firm with the highest total score as a result of written proposal/pricing scoring, potential factory inspections, and negotiated terms and pricing will be awarded the Contract.

4.8 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 to all Proposers and post on the OregonBuys website. The notice will set out the names and ranks of all Proposers and identify the Contractor selected for award (“Highest Ranked Proposer” or “Finalist”).

4.9 Factory Tour of Finalist (Optional to EWEB)

EWEB may opt to visit and inspect the factory of the Finalist, especially if EWEB has never conducted business with them. EWEB reserves the right to forego such inspection if in EWEB’s best interest to do so. If conducted, the final Contract award will be based on a Pass/Fail basis of the inspection. Inspection failure will eliminate Proposer from award consideration and EWEB will announce Intent to Award of the next highest ranked Proposer and MAY opt to visit that Proposer’s factory before awarding the Contract, and so on.

4.10 Contract Negotiation

Upon announcement of Intent to Award, EWEB will begin negotiating a Contract with the Highest Ranked Proposer and, after reviewing any requested revisions to EWEB’s Sample Contract (Exhibit #1), 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.

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 emailed to the Purchasing Contact and received within seven (7) days after the notice of intent to award the Contract has been posted on the bid site. “Protest of RFP XXX-XXX-X” shall be entered in the subject header of the email. The Purchasing Contact will email a reply acknowledging receipt of the notice. 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 the protesting party a written response within three (3) business days of receipt of the written protest to the email 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 via email 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 the protesting party a written response within three (3) business days of receipt of written appeal to the email 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 an emailed 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 COMPLIANCE WITH EWEB SPECIFICATIONS (60 Points Possible)

a. Documentation specifying guaranteed no load losses on DETC Tap C and full load losses at 37.5MVA on DETC Tap C. (These values are used for evaluating Total Lifecycle Cost in Section 5.5)

b. Provide the following information:

1. Preliminary layout drawings

2. Short circuit compliance report

3. Written list of exceptions taken to specification and/or bid documents with stated issues taken and proposed exceptions

4. Documentation explaining the manufacturer’s manufacturing process, Quality Assurance measures/checkpoints, testing process, and other elements relative to the manufacture of the units as related to this specification

5.2 ABILITY TO MEET EWEB’S TERMS (30 points Possible)

a. Please review EWEB’s Sample Contract Exhibit #1. Using the extra Word version of this document found on the bid site, utilize MS Track Changes to red-line ALL proposed changes to Contract. You may also use the Comments tool to describe short revision proposals.

Please note: Points will be deducted for amount of changes and/or degree of changes that increase risk to EWEB.

b. Include a copy of your firm’s proposed warranty. EWEB seeks a warranty of 5 years or more from either date of first energization or date EWEB issues Final Acceptance.

5.3 LEAD TIME (40 points Possible)

a. Provide a guaranteed lead time for the transformer after receipt of order in weeks and include the following details:

1. Lead time for first review drawings

2. EWEB review time for first set of review drawings

3. Procurement and manufacturing time

b. Lead times will be scored by assigning points based on an equation:

A = Total Possible points = 40 L = minimum lead time guaranteed X = lead time being scored B = Awarded Score

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

Example: If A = 40 Points, L = 80 weeks; X = 104 weeks; then: 80 weeks / 104 weeks x 40 = 31 points (rounded off)

5.4 CLIENT REFERENCES AND PAST PERFORMANCE (30 Points Possible) Client references provided by Contractor in the Minimum Qualifications section will be used to evaluate bidder past performance. Client’s opinions regarding the offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods, cost management, level of communication between the contracting parties, proactive management and customer satisfaction.

Bidder is welcome to provide any additional information regarding performance under the cited contracts.

5.5 PRICING PROPOSALS (40 Points Possible)

Provide the unit price for transformer (scored) and origin of components (not scored) as requested in the Bid Schedule below.

BID SCHEDULE

Item Description Estimated Quantities

BID COST

(Unit Price)

1 37.5 / 50MVA

129 kV-11.5 kV Power Transformer 1 each

All unit prices shall include costs of natural ester oil, handling, freight/delivery to Eugene, Oregon using FOB DESTINATION, offloading unit onto the transformer foundation in the load bank station, assembly, field testing of the unit on the transformer foundation, and all expenses. Contractor understands that in submitting a proposal, the resulting Contract price, if awarded, will include all of these components.

A. Bid Price Calculation

Transformer cost shall be based on total lifecycle cost which includes factors for No Load Losses and Load Losses. The following loss values will be used for calculating transformer loss costs. Please provide yellow highlighted values.

1. Guaranteed No Load Losses = $5,785/kW

2. No Load Loss Cost (from 5.1.a above) = $__________

3. Load Losses = $4,596/kW

4. Load Loss Cost (from 5.1.a above) = $_________

Total Lifecycle Cost = Bid Cost + [Guaranteed No Load Losses * No Load Loss Cost] + [Guaranteed Load Losses * Load Loss Cost]

B. Calculation of Points

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

A = Total possible points = 40 L = Lowest Total Lifecycle Cost proposed X = Total Lifecycle Cost being scored B = Awarded points

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

Example: If A = 40 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 40 = 27 points (rounded off)

C. Additional Information (Not scored) – The following information is required but not scored:

Origin of Major Transformer Components

Major Components/Pieces Country of Origin Manufacturer

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 and titles should be used to identify required information.

A. PROPOSAL PACKAGE

RETURN THE FOLLOWING WITH YOUR RFP RESPONSE, IN THE FOLLOWING ORDER, PER SECTION 1.7(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

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 – Signed addenda or acknowledged in Proposal Form

BONDABILITY LETTER FROM BIDDER’S SURETY FIRM - From Section 1.16

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP DOCUMENTS:

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

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

Check if not applicable or no Addenda were received: ____

C. MWESB STATUS

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

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

MWESB Certified? (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. Sustainability Questionnaire

Company Name: ______________________________________ Date: _________

The Supplier Sustainability Questionnaire must be completed and returned with your bid/proposal. This questionnaire is applicable to firms that provide services and/or goods. Responses can be up to 4 pages.

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

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

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

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

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

6. Have the product(s) that you are bidding/proposing been certified by a third-party organization, such as Green Seal, Ecobiz, or ENERGY STAR. If yes, detail which ones and the relevant third party certification?

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;

Will arrive at price and amounts independently and without communication or agreement with another

Proposer;

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;

Will not directly or indirectly disclose 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;

Will not seek 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;

G. 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.

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 Company Name

Company Address (from which work will be performed)

Telephone Number Company Web Address

Person Signing RFP_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

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