249978A001 final for posting.pdf

RFP 249978A001 Page 1 of 48

State of Oregon

Oregon Military Department (“OMD”)

Request for Proposals

Comprehensive Energy and Water Evaluation

Audits - Statewide in Oregon

RFP NUMBER 249978A001

Proposal Due Date: SEPTEMBER 16, 2024 AT 10:00:00AM

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INSTRUCTIONS TO PROPOSERS:

PLEASE NOTE THE FOLLOWING:

1. PLEASE DO NOT SUBMIT YOUR OFFER ON THIS RFP INSTRUCTION FORM.

2. OFFEROR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE CONTENTS OF THIS

SOLICITATION. PLEASE READ AND FOLLOW THE INSTRUCTIONS CAREFULLY BEFORE

SUBMITTING YOUR OFFER.

3. THIS PROJECT HAS THE POTENTIAL TO EXCEED $25,000.00 AND IS FEDERALLY FUNDED:

OFFEROR MUST MEET THE FOLLOWING REQUIREMENTS:

1. PROVIDE A UNIQUE ENTITY ID NUMBER ON YOUR OFFER:

IF YOU NEED TO OBTAIN A UNIQUE ENTITY ID NUMBER, PLEASE GO TO THE FOLLOWING

WEBSITE VIA THE LINK PROVIDED BELOW:

https://sam.gov/content/home

2. EXCLUDED PARTIES LIST SEARCH (“EPLS”) COMPLETED BY OMD:

THE CONTRACTOR MUST BE CLEARED (“NO RESULTS” ON THE SEARCH) THROUGH THE

EPLS SYSTEM TO BE ALLOWED TO RECEIVE A FEDERALLY FUNDED CONTRACT. FOR

INFORMATION CONCERNING EPLS YOU MAY ACCESS THE WEBSITE VIA THE LINK

PROVIDED BELOW:

RFP 249978A001 Page 3 of 48

Table of Contents

Section 1: Purpose and General Information

1.1 Introduction

1.2 Schedule

1.3 Definitions

1.4 Scope of Work

1.5 Single Point of Contact

1.6 Notice of Intent to Submit a Proposal

1.7 Pre-Proposal Conference

Section 2: Proposal Requirements

2.1 Administrative Proposal Requirements

2.2 Minimum Proposal Requirements

2.3 Technical Proposal Requirements

2.4 References

Section 3: Solicitation Process

3.1 Procurement Authority and Method

3.2 OregonBuys

3.3 Questions, Modifications and Protests Relating to the RFP, Contract Provisions or Specifications

3.4 Submission of Proposals

3.5 Withdrawal of Proposals

3.6 Opening of Proposals

3.7 Evaluation and Award

3.8 Public Information, Confidentiality, and Trade Secrets

3.9 Cost of Preparing Proposals

3.10 Reservation of Agency Rights

3.11 Contract Sample

3.12 No Agency Contractual Obligation

Section 4: Evaluation and Award

4.1 Evaluation Process

4.2 Evaluation of Minimum Requirements (Responsive/Non Responsive)

4.3 Evaluation of Technical Proposal (Scored)

4.4 Evaluation of Const Proposal (Scored)

4.5 Reference Checks for the Proposer’s Company (Optional Scored)

4.6 Ranking of Proposals

4.7 Award Notification and Process

Section 5: Attachments

Attachment A: Proposal Cover Sheet

Attachment B: Contract Sample

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Section 1: Purpose and General Information

1.1 Introduction

1.1.1 Overview, Objectives, and Background.

Project Owner

The National Guard is found in both the United States Constitution and the Oregon Constitution. The tradition and history of the Oregon National Guard was grounded on the basis of its mission statement: "A ready force equipped and trained to respond to any contingency. When we are needed, we are there." The Oregon Army National Guard

(“ORARNG”) is the ground component of the Oregon National Guard.

The purpose of the Oregon Military Department (“OMD”, “Agency” or “Owner”) is to administer, house, equip and train the Oregon National Guard to act as a ready force to support the Governor during unrest or natural disaster and to act as a reserve force to the United States Air Force and the United States Army. This mission is accomplished through a combination of Federal and State of Oregon programs and funds.

OMD manages approximately 3.3 million square feet of building area with nearly 400 buildings located at 66 sites across the State of Oregon. Types of buildings include readiness centers, maintenance facilities, warehousing, storage, aviation facilities, administrative space, and training site facilities. These facilities support the effort to provide the state of Oregon with a well-trained and relevant soldier force capable of providing leadership and support. These facilities need to be conceptually strong in order to foster new ideas and represent our organization well to the public. These facilities need to be site specific since they impact most communities throughout Oregon and face a full spectrum of climatic and topographical variation. These facilities need to be humane and seek to enhance the experiential qualities of our users. These facilities need to be designed in a progressive manner to keep the agency relevant and to promote the message of a forward-looking organization in order to attract the most talented labor force possible. In support of these goals OMD strives to promote the highest ideals possible along with the prudent expenditure of public funding available. The Installations Division of the Oregon National Guard implements projects and contingency plans to minimize potential impacts from terrorism, disaster, catastrophic accidents, explosions, strikes, and similar events that could jeopardize mission effectiveness. To this end, facilities, energy and utility systems must be secure, must be able to withstand a disaster, and must be sustainable for business continuity during a disaster.

Project Summary

The Oregon Military Department (“OMD, ” “Owner” or “Agency”) desires to enter a contract with a consultant to provide research services, technical analysis, technical reports, written plans and other associated deliverables

(“Services”) that will result in comprehensive energy and water evaluation audits for OMD, (collectively “CEWEs” and individually a “CEWE”) in accordance with the Energy Independence and Security Act of 2007 and any other applicable State of Oregon requirements, at Oregon Army National Guard (“ORARNG”) installations identified and assigned by the Owner. Each CEWE shall consist of, but shall not be limited to, conducting an energy audit that meets the requirements of an American Society of Heating, Refrigerating and Air-Conditioning Engineers

(“ASHRAE”) Level II energy survey and analysis, as defined in the Procedures for Commercial Building Energy

Audits (RP-669, SP-56). Each survey and analysis must identify and develop modifications to a designated installation/facility to reduce the building’s energy use, water use, and operating costs. Each CEWE must also identify energy-related opportunities and provide recommendations that can be taken by OMD for each ORARNG installation to improve energy sustainability and resiliency. OMD is also seeking CEWEs that identify potential energy projects, programs, incentives, and energy conservation measures for installations/facilities designated by

OMD. Each ORARNG installation will constitute a “Project” and all the installations identified in this RFP and in the resulting Contract will constitute the “Projects” that will be the focus of the Consultant’s Services.

This RFP describes the technical services to be provided and describes information concerning the preparation and submittal of Proposals, how Proposals will be evaluated and the terms and conditions of the resulting contract that may be awarded as a result of the RFP.

All firms or other entities/persons submitting Proposals are referred to as “Proposers” in this document. The

Proposer who is awarded a contract will be designated as the “Consultant.”

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Security Access Requirements

All OMD facilities require valid government issued photo identification for all individuals requesting access. When applicable, the ID must be in compliance with the REAL ID Act (https://www.dhs.gov/real-id). Consultant shall make this requirement known to all personnel requiring access. Without valid photo ID entry may be denied. It is the responsibility of the Consultant to ensure Consultant and subcontractors’ staff necessary ID to obtain entry.

1.1.2 Contract Term.

The resulting Contract contemplated under this RFP is anticipated to start in October 2024. The initial Contract term will be for two (2) years, commencing on the date specified in the Notice to Proceed (“NTP”). Thereafter, in

OMD’s sole discretion, the resulting Contract may be renewed for subsequent one (1) year renewal periods until completion of the Services specified by OMD and included in the Contract, Contract Amendments and upon such other terms and conditions as may be agreed upon between the parties.

1.1.3 Method of Compensation.

The Contract compensation method will be negotiated between OMD and the Consultant, but may be a fixed price for specifically identified tasks, or an hourly rate-based compensation method up to a maximum not-to-exceed amount for all Services described in the Contract.

1.2 RFP Solicitation Schedule

EVENT DATE and TIME

RFP Release – Date of Issuance September 3, 2024

Deadline for Proposer Questions September 10, 2024 by 2 pm

Answers to Proposer Questions September 12, 2024(estimated)

Proposal Submittal Deadline (Closing) September 16, 2024 10 am

Evaluations September 16 – 19, 2024 (estimated)

Issuance of Notice of Intent to Award September 20, 2024 (estimated)

Negotiations September 23-25, 2024 (estimated)

Contract Award and Execution No Later than September 27, 2024

Issuance of Notice to Proceed October 15, 2024 (estimated)

1.3 Definitions

In addition to any other terms that may be defined elsewhere in this RFP, the following terms as defined shall apply to this

RFP and to the resulting Contract, to the extent used in the Contract:

1.3.1 “Agency” or “Owner” or “OMD” means the Oregon Military Department.

1.3.2 “Consultant” means the party with which OMD contracts to perform the Services under this procurement.

1.3.3 “Contract” means the entire agreement between the Consultant and the State, by and through OMD, comprised of the provisions of the executed main contract document, and any terms and conditions contained in any exhibits, schedules, attachments and other provisions attached to and incorporated into the main contract document, and any amendments to the final form of the contract executed by the Consultant and the

State, by and through OMD.

1.3.4 “Contract Administrator” means the officer, employee, or other individual designated in Writing by OMD, by name or position description, to conduct Contract administration of any resulting Contract in this procurement.

1.3.5 “Offer” or “Proposal” means the complete document of the Proposer(s) submitted in response to this RFP, including the required forms certifications.

1.3.6 "Proposer" means the individual or entity that submits a Proposal in response to this RFP.

1.3.7 “RFP” means this Request for Proposals.

1.3.8 “Scope of Work” means the general character and breadth of the Services to be performed by the Consultant, the purpose and objectives of the Services, and the Agency’s expectations for the Services. Examples of expectations include, if applicable, a description of the purchase, specifications, tasks (obligations), deliverables, delivery or performance schedule, and acceptance requirements. The Scope of Work helps the prospective Proposers develop the Proposals.

1.3.9 “Services” means the architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and Related Services (as those terms are defined in Oregon Revised Statutes 279C.100) that are to be performed by the Consultant under the Contract, if any, resulting from this RFP.

https://www.dhs.gov/real-id

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1.3.10 “Statement of Work” means the specific provisions in the final resulting Contract which sets forth and defines in detail the agreed-upon services to be performed by the Consultant, as well as the objectives, expectations, performance standards, and other obligations of the parties to the resulting Contract.

1.4 Scope of Work

The specific Services required by OMD under this RFP are more fully described in the sample SOW set forth in Exhibit A of the sample Contract (Attachment B) in this RFP. The final form of the sample SOW that will be included as Exhibit A to any Contract resulting from this RFP will be discussed during negotiations of the final Contract by the parties, but must be based on the sample SOW.

1.5 Single Point of Contact (“SPC”)

All questions, whether about the technical requirements of the RFP, Contract requirements, the procurement process, or any other aspect of the Project or the needed Services, must be directed only to the person identified as the SPC.

Sam Goff - CPPB

Oregon Military Department AGI office 116

3225 State Street

Salem, OR 97301

Phone: (971) 355-4167

E-mail: sam.a.goff@omd.oregon.gov

1.6 OregonBuys. This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. OregonBuys is the official repository for all documents pertaining to the RFP. Hardcopies of the RFP are not available from OMD.

1.6.1 Registration Requirements

All suppliers must be registered in OregonBuys to do business with the state. Registration is free. To create a supplier account, click the blue “Register” button in the top right corner of the OregonBuys website:

https://oregonbuys.gov/bso. For registration assistance see supplier registration guidance. Proposers are responsible for ensuring that their registration information is current and correct. OMD accepts no responsibility for missing or incorrect information contained in the supplier’s registration information on OregonBuys.

Proposers unfamiliar with OregonBuys may contact Procurement Services at the Department of Administrative

Services (“DAS-PS”), 1225 Ferry St. SE - U140, Salem, OR 97301-4285; telephone (503) 378-4642. Proposers may also look for updates about OregonBuys on the website: http://procurement.oregon.gov/.

1.6.2 Explanation of Terms used in OregonBuys

1.6.2.1 “Amendment” means “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the

Amendment

1.6.2.2 “Available Date” means the issue date for this RFP in OregonBuys.

1.6.2.3 “Bid Opening Date” means “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other responses) required by a Bid Solicitation.

1.6.2.4 “Bid Solicitation” means any form of solicitation: Request for Proposal, Invitation to Bid, Request for

Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each

Bid Solicitation has a separate page and ID number in OregonBuys

1.6.2.5 “Change Order” means a formal change to an existing MBPO, Release Requisition, or project-specific

Purchase Order

1.6.2.6 “Master Blanket Purchase Order” (“MBPO”) means any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

1.6.2.7 “Purchase Order” means any form of project-specific contract (not awarded under an existing MBPO)

1.6.2.8 “Quote” means any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation

1.6.2.9 “Release Requisition” means any form of ordering instrument used under an MBPO; i.e. Purchase Order, Work Order Contract, etc.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx http://procurement.oregon.gov/

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1.6.2.10 “Supplier” means any form of business entity registered in OregonBuys. Only registered suppliers are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid

Solicitations advertised in OregonBuys.

1.6.3 Documents Outside of OregonBuys.

If an exhibit, attachment or Addendum cannot be viewed or downloaded through OregonBuys, instructions will be noted on OregonBuys on how to obtain the documents.

1.6.4 Addenda (referred to as “Amendment” in OregonBuys).

This RFP may be amended through Addenda. Addenda/modifications, if any, to this RFP will be published in

OregonBuys as “Amendment”(s). Prospective Proposers are solely responsible for checking OregonBuys

(https://oregonbuys.gov/bso/) to determine whether or not any addenda have been issued. Addenda are incorporated into the RFP by this reference.

Any oral communications are considered unofficial and non-binding. Proposers shall rely only on written statements issued by addenda to the RFP.

1.7 Pre-Proposal Conference and Additional Site Access

1.7.1 PREPROPOSAL CONFERENCE:

There will be NO Pre-Proposal Conference held for this RFP

1.7.2 ADDITIONAL SITE ACCESS

There will be NO additional site access offered for this RFP.

Section 2: Proposal Requirements

Proposals must address the proposal and submission requirements set forth in this RFP and must describe how the Services will be provided. Proposals that merely offer to provide Services as stated in the RFP may be considered non-responsive and will not be further considered. The Proposal will be evaluated as described in Section 4.

2.1 Minimum Proposal Requirements

Proposal must meet the minimum proposal requirements described in the Proposal Cover Sheet, Attachment A to the

RFP, in order to be responsive under Section 4.2 of the RFP.

Proposers must submit one (1) “original” Proposal bearing original ink signatures of authorized representative(s) secured within an appropriately sized 3 ring binder that is clearly marked “original”.

Proposers must submit five (5) copies of their Proposals individually secured within additional appropriately sized 3 ring binders.

Proposers must submit one (1) USB Flash Drive containing a digital copy of its original Proposal, with each section of the Proposal saved and named as a separate file.

All signatures and information provided on the Proposal Attachments must be completed by printing in ink or typed.

Proposers must submit Proposals in a sealed box or envelope. The box or envelope must clearly identify the Proposer name, the Project name, the Solicitation Number, the OregonBuys Number, and be addressed to the SPC identified in section 1.6.

Proposals received after the deadline will be rejected by OMD and returned to Proposers unopened.

Incomplete or Proposals not in substantial compliance with the RFP requirements may be deemed nonresponsive and will not be considered. Proposals may not be supplemented after the Closing Date. However, OMD may waive minor https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

RFP 249978A001 Page 8 of 48 informalities and irregularities, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

2.2 Administrative Proposal Requirements

2.2.1 Proposal Cover Sheet.

The Proposer must complete, sign and submit the Proposal Cover Sheet (RFP - Attachment A) with its Proposal.

All Proposals must follow the format described in this Section. Proposals must respond to all elements of information requested, without exception. Proposal sections and pages must be appropriately numbered.

Proposals may use various headings, but must include at least the following headings in the following order and numbered as indicated below, followed by Proposer’s responses:

Part 1: Administrative Proposal Requirements

Part 2: Technical Proposal Requirements

2.2.2 Financial Statement/Fiscal Stability.

In order to be considered responsive under Section 4.2 Proposer must provide a financial statement and demonstrate fiscal stability. Briefly describe Proposer’s experience with, and current strategies for, ensuring that the Proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed Contract term, including:

• Identify the individuals who have the authority to financially obligate the Proposer.

• Provide a letter from a Certified Public Accountant stating Proposer’s financial stability and Proposer’s ability to remain financially responsible for the duration of the project.

2.3 Technical Proposal Requirements

The Proposal must describe how the Proposer will meet each of the technical requirements described in the Scope of Work in

Section 1.4 of this RFP. The Proposal shall also include the identification of key persons who shall perform the Services and along with their background and expertise.

2.4 References.

In Attachment A to this RFP, Proposers shall provide the names, addresses, telephone numbers, and contact information for three (3) customers for whom Proposer has provided, within the last three (3) years, Services generally equivalent to those described in the RFP. Agency may use references provided as part of the Proposal evaluation process as described in Section 4.

2.5 Price Proposal Requirements

Proposer must submit its Price Proposal separately from the remainder of the Proposal.

Price Proposals must state a maximum, not-to-exceed amount for completion of all Services based on a per square foot basis and include an hourly billing rate break-down for all of Proposer’s personnel required for the Services.

Proposer must address Price Proposals separately to the SPC and clearly mark the Price Proposal as “Price Proposal to

Request for Proposals #249978A001.” Proposer must submit one (1) original Price Proposal plus one (1) USB Flash Drive containing a digital copy of a signed Price Proposal.

Price Proposals shall be firm for a period of 180 days from the deadline for Proposal submission and shall be included in the

Contract between the parties, unless modified pursuant to Section 4.7.5.

Section 3: Solicitation Process

3.1 Procurement Authority and Method

Agency is conducting this RFP pursuant to its authority under ORS 279A.050. Pursuant to ORS 279C.100 through

279C.125, OAR 137-048-0130 and OAR 137-048-0220, Agency is using the formal Request For Proposals (“RFP”) method to procure the needed Services for this Project (with no initial Request for Qualifications process).

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3.2 Reserved

3.3 Clarifications, Modifications and Protests relating to the RFP, Contract Provisions, or Specifications

NOTE: With the exception of negotiation of those Contract provisions permitted under Section 4.6.5, this procedure provides the Proposer’s only opportunity to request any change or protest any requirement of the RFP, including but not limited to the solicitation process, Proposal requirements, specifications or any Contract provisions. Proposals that take exception to the requirements of the RFP, including but not limited to the solicitation process, Proposal requirements, specifications, or

Contract provisions may be deemed non-responsive and may be rejected at the sole discretion of Agency.

3.3.1 Methods of Seeking Clarifications, Modifications and Protests to the RFP, Contract Provisions, or

Specifications.

3.3.1.1 Procedure.

The only means of seeking clarifications, modifications and protests to provisions of the RFP, Contract provisions or the specifications are through a written (a) request for clarification; (b) formal submittal of a request for changes to the RFP, Contract provisions, or specifications; or (c) formal submittal of a protest of the RFP, Contract provisions, or specifications, as detailed below.

3.3.1.2 Request for Clarification.

Any Proposer requiring clarification of any provision of the RFP, Contract provisions, or specifications may submit a written request for clarification. To be considered, the request for clarification must be submitted to the SPC by the deadline specified in Section 1.2 or any extension made by subsequent Addenda.

3.3.1.3 Request for Changes to RFP, Contract Provisions, or Specifications.

Any Proposer may submit a written request for changes to the RFP, Contract provisions or specifications. To be considered, the request for changes must be submitted to the SPC by the deadline specified in Section 1.2 or any extension made by subsequent Addenda. The request must include the reason for requested changes, supported by factual documentation, the proposed changes, and must contain all information required by OAR 137-048-0240.

3.3.1.4 Protest of RFP, Contract Provisions, or Specifications.

Proposers may submit a written protest of the RFP, Contract provisions, or specifications. To be considered, Protests must:

3.3.1.4.1 Identify the Proposer’s name and reference the RFP number.

3.3.1.4.2 Contain evidence that supports the grounds on which the protest is based and specify the relief sought, including a statement of the proposed changes to the process or RFP provisions, requirements or Contract provisions that the Proposer believes will remedy the conditions upon which the protest is based.

3.3.1.4.3 Be signed by the Proposer’s authorized representative.

3.3.1.4.4 Be submitted to the SPC by the RFP Requests and Protests due date specified in Section 1.2.

3.3.1.5 Response to Requests for Clarification or Change and Protests.

Agency will respond to each properly submitted written request in accordance with OAR 137-048-0240. Where appropriate, Agency will issue revisions and clarify RFP provisions via Addenda posted on OregonBuys. Agency may also informally respond to Proposer questions. Informal responses, however, do not affect the provisions of the RFP. The RFP, Contract terms and specifications can only be changed via formal Addenda issued by

OMD.

3.3.1.6 Agency shall not consider solicitation protests that do not meet the requirements of this Section. Agency shall resolve all solicitation protests in accordance with OAR 137-048-0240. Agency is not responsible for the successful transmission of faxed protests. Unless this specific due date is extended by Addenda to the RFP, Agency shall not consider solicitation protests to the originally issued RFP submitted after the deadline specified in Section

1.2. Please note: Late protests will not be accepted.

3.4 Submission of Proposals

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Proposals must be received by the SPC no later than the Bid Opening Date at the address listed in Section 1.5. Proposals may be delivered via U.S. Mail, or courier, or be hand-delivered. Proposals must be sent to the attention of the SPC’s name.

Late, faxed or electronically transmitted Proposals will not be accepted.

SECURITY REQUIREMENTS: As noted above, all OMD facilities require valid government issued photo identification for all individuals requesting access. When applicable, the ID must be in compliance with the REAL ID Act

(https://www.dhs.gov/real-id). Consultant shall make this requirement known to all personnel requiring access. Without valid photo ID entry may be denied. It is the responsibility of the Consultant to ensure Consultant and subcontractors’ staff necessary ID to obtain entry.

3.5 Withdrawal of Proposals

If a Proposer wishes to withdraw a submitted Proposal, it must do so prior to the Bid Opening Date. The Proposer shall submit a written request to withdraw, signed by the Proposer, on the Proposer’s letterhead, to the SPC.

3.6 Opening of Proposals

There will be no public opening or reading for this RFP.

3.7 Evaluation and Award

The evaluation and award process is described in Section 4.

3.8 Public Information, Confidentiality, and Trade Secrets

Proposals may be available for public inspection, subject to the Oregon Public Records Law, ORS 192.311 through 192.478, and the Public Contracting Code only after OMD has issued the notice of intent to award a contract. OMD reserves the right to publish or display publicly all Exhibits in accordance with this Law.

If a Proposer considers any part of its Proposal or protest a trade secret, or otherwise exempt from disclosure under the

Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate that portion as confidential in order to obtain protection, if any, from disclosure at the time of submission. See Oregon Revised Statutes 192.311 through

192.478, and 646.461 through 646.475. Application of the Oregon Public Records Law shall determine if the information claimed to be exempt is in fact exempt from disclosure. The State shall not be liable for release of any information when required by law or court order to do so, whether pursuant to the Oregon Public Records Law or otherwise and shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

3.9 Cost of Preparing Proposals

All costs incurred in Proposal preparation and participation in the Proposal evaluation, Award, and Contract negotiation processes are the responsibility of the Proposer and will not be reimbursed by the Agency.

3.10 Reservation of Agency Rights

The Agency reserves all rights regarding the RFP, including, without limitation, the right to:

a. Amend, delay or cancel the RFP without liability if Agency finds it is in the best interest of the Agency to do so.

b. Reject any or all Proposals received upon finding that it is in the best interest of the Agency to do so.

c. Waive any minor informality or minor non-conformance with the provisions or procedures of the RFP, and seek clarification of any Proposal, if required.

d. Reject any Proposal that fails substantially to comply with all prescribed RFP procedures and requirements; and

e. Engage consultants by selection or procurement independent of the RFP process or any Contract or agreements under it to perform the same or similar services.

f. Forgo the evaluation process beyond responsive and responsible if Agency receives only one (1) Proposal or if only a single Proposal is deemed responsive and responsible and move directly to Contract negotiation.

3.11 Sample Contract

The apparent successful Proposer will be asked to sign a Contract substantially in the form that is attached to the RFP as the

Attachment B - Sample Contract (as well as the SOW provisions referenced in Section 1.4 of the RFP and incorporated as

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Exhibit A of the Sample Contract). The provisions included in Attachment B, other than those identified in Section 4.6.5 of this RFP, are not subject to negotiation.

3.12 No Agency Contractual Obligation

Agency is not obligated as a result of the submission of a Proposal to enter into a Contract with any Proposer and has no financial obligation to any Proposer arising from the RFP.

Section 4: Evaluation and Award

4.1 Evaluation Process

4.1.1 Evaluation Overview.

Agency will conduct an evaluation of Proposals timely received and that are responsive to the RFP. The intent of the RFP is to identify a Proposal from a Proposer that has a level of specialized skill, knowledge and resources to perform the Services described in the RFP. Qualifications, performance history, expertise, knowledge and the ability to exercise sound professional judgment are primary considerations in the selection process. Agency reserves the sole right to determine the best Proposal considering the evaluation criteria set forth in the RFP.

Agency will evaluate and score all responsive and responsible Proposals on the completeness, quality, and applicability of their content in accordance with the following Sections:

4.2: Evaluation of Minimum Requirements and Financial Statement/Fiscal Stability (Responsive or

Non-Responsive)

4.3: Evaluation of Technical Proposal (Scored)

4.4: Reference Checks for the Proposer (Responsive or Non-Responsive, or Scored (optional at

Agency’s discretion)

4.1.2 Evaluation Committee.

Agency will establish an evaluation committee consisting of at least three (3) experienced evaluators, identified and appointed by the Contract Administrator, to review, evaluate and score each Proposal independently.

4.1.3 Disqualification.

Any attempt by a Proposer to improperly influence a member of the evaluation committee during the Proposal review and evaluation process will result in that Proposal’s rejection.

4.2 Evaluation of Minimum Requirements and Financial Statement/Fiscal Stability (Responsive or Non-Responsive)

The Agency will review each Proposal on a pass or fail basis and determine if the Proposal meets the minimum proposal requirements described in Section 2.1 and the Financial Statement/Fiscal Stability requirements described in Section 2.2 of this RFP. Proposer’s failure to comply with the instructions or to submit a complete Proposal may result in the Proposal being deemed non-responsive. Only those Proposals determined to be responsive to the minimum requirements will be considered for further evaluation in Section 4.3. See the Reservation of Agency Rights in Section 3.10.

4.3 Evaluation of Technical Proposal (Scored)

4.3.1 An evaluation committee of at least three (3) evaluators will review each responsive Proposal submitted. Each scoring evaluation team member will award points based on the evaluation criteria and the corresponding maximum possible points set forth below. The maximum number of Technical Proposal points possible for each Proposal is 200.

a. 60 points possible: Proposer’s experience in providing requested Services for similar projects, including work with Energy Trust of Oregon existing buildings .

b. 50 Points possible: Proposer’s project approach and plans to meet the requirements of the RFP .

c. 50 Points possible: Key Persons’ qualifications (education, degrees, experience, certifications).

d. 40 Points possible: Proposer’s Experience and knowledge of Department of Defense (“DOD”) and National

Guard Bureau (“NGB”) requirements, regulations and jurisdictional requirements applicable to the Project.

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4.3.2 Calculation of Average Score. The sum of all scores awarded to each Proposer for the Technical portion will be divided by the total number of Evaluation Committee Members to compute an average score for each Proposer.

Proposers’ average scores will be used to rank proposals as described in Section 4.6 (Ranking of Proposals).

4.4 Evaluation, Scoring, and Ranking of Price Proposal (Scored) (Section 2.5)

The SPC will score Price Proposals and will award the maximum number of points available for Price Proposals (50 points) to the lowest price per square foot amount proposed for completion of all Services, as required under section 2.5. The SPC will award a percentage of the maximum number of points available to Price Proposals with higher price per square foot amounts stated for completion of all Services based on the following formula:

(L/X)*Y = A where:

X = Highest Price per square foot.

L = Lowest Price per square foot amount stated in Price Proposal from among all Price Proposals received

A = Awarded points

Y = Total Points Possible

4.5 Reference Checks for Proposer (Responsive/Non-Responsive or Scored (optional at Agency’s discretion))

Proposer shall provide references that can rate Proposer’s performance in these categories:

a. Budget (up to 5 points)

b. Schedule (up to 5 points)

c. Performance of Work (up to 5 points)

d. Communication (up to 5 points)

e. Quality of Deliverables (up to 5 points)

If the Agency, at its discretion, opts to score references, a non-scoring evaluation committee member will evaluate the references using a scale of 0 to 5, with 5 being the highest score for each reference category. Each Proposer may receive up to a maximum of 75 points from the evaluation of provided references (25 points per reference contacted).

The committee member will attempt to contact each reference given for a maximum of three (3) references. The committee member may make up to three (3) attempts to contact each of the reference sources. These attempts will be made during normal business hours and will be conducted via telephone. If the three (3) attempts are unsuccessful, the Proposer will receive zero (0) points for that reference source.

Each reference that is contacted will be asked questions from the categories above.

Agency reserves the right to request references in addition to those provided by Proposer, to investigate any references whether or not furnished by Proposer, and to otherwise investigate the past performance of any Proposer in any manner the

Agency determines is necessary. Agency may postpone the award or execution of any resulting Contract, after the announcement of the apparent successful Proposer, in order to complete its investigation.

4.6 Ranking of Proposals

A Proposer’s maximum possible score is 250 points, unless the Agency opts to check references, in which case a Proposer’s

Technical Proposal score and cost proposal score will be combined with its reference score (maximum 75) to arrive at a total cumulative score (total maximum 325). The highest total score will determine the apparent Successful Proposer upon review by the Contract Administrator.

4.7 Award Notification and Process

4.7.1 Successive Selection and Rejection.

Agency will provide a written tentative award notice (the “Intent-to-Award Notice”) to the highest-ranking Proposer and will provide a copy of the selection notice to all Proposers by posting a copy of this notice on the OregonBuys

RFP 249978A001 Page 13 of 48 system. Agency will enter into Contract negotiations with the highest-ranking Proposer on the Contract terms listed in Section 4.6.5. Final award, however, will be contingent upon successful negotiation of a final contract within fourteen (14) calendar days of the announcement of tentative award or within such longer period that the

Agency determines is reasonable under the circumstances. Agency may terminate negotiations with the highest-ranking Proposer if the parties fail to execute a Contract within this negotiation period or such later date as Agency may authorize. In accordance with Section 4(f) of OAR 137-048-0220 – Formal Selection Procedure, Agency may then enter into negotiations with the second ranked Proposer, and if necessary, the third ranked Proposer, and so on.

Upon successful negotiation of terms, the successful Proposer will be required to enter into the State’s Standard

Professional Services Contract in substantially the form set forth in the Sample Contract in Attachment B to this

RFP, subject to Section 4.6.5 below.

4.7.2 Award Protests.

A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may protest the selection by submitting, within three (3) calendar days after the date of the selection notice by providing a written, signed protest by email, courier, or by hand-delivery to the SPC. Agency will not consider a protest submitted after this deadline. Protests must comply with and will be resolved pursuant to OAR 137-048-

0240. Faxed protests will not be accepted.

4.7.3 [RESERVED]

4.7.4 Insurance Certification.

The apparent successful Proposer must provide proof of the required insurance described in the Sample Contract

(Attachment B) to Agency within fourteen (14) calendar days of the Intent to Award Notice or such longer period that the Agency determines is reasonable under the circumstances. Failure to present the required documents within

Agency determined time period may result in Proposal rejection. Proposers are encouraged to consult their insurance agent(s) about the insurance requirements contained in the RFP prior to proposal submission.

4.7.5 Negotiation.

If Agency does not cancel the RFP after it receives the results of the scoring and ranking for each Proposer, Agency has the right to negotiate a final Contract and will begin negotiating a Contract with the highest ranked Proposer.

Agency will direct negotiations toward obtaining a written agreement. In addition to the SOW (which must be based on the sample SOW provisions in Section 1.4), Agency may elect to negotiate the following terms and conditions:

▪ Term of Contract

▪ Extensions

▪ Prices

▪ Maximum amount payable to Consultant for Services

▪ Payment methodology

▪ Invoicing

▪ Any other provision Agency believes to be in the best interest of the State to negotiate

4.7.6 Pay Equity Certification.

Within fourteen (14) calendar days of the Intent to Award Notice, or such longer period that the Agency determines is reasonable under the circumstances, the apparent successful Proposer must submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative

Services if the Contract value exceeds $500,000 and the Proposer employs 50 or more full-time workers.

Section 5: Attachments

Attachment A – Proposal Cover Sheet

Attachment B – Sample Contract

All Attachments and Exhibits thereto are incorporated by reference herein.

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RFP ATTACHMENT A

Proposal Cover Sheet

RFP 249978A001

Proposer Information

Organization Name: __________________________________________________________

Primary Contact Person: ______________________ Title: ____________________________

Address: ____________________________________________________________________

City, State, Zip: _____________________________________UNIQUE ENTITY ID#____________________

Telephone: _______________ Fax: _______________ Federal Tax ID#__________________

Name and title of the person(s) authorized to represent the Proposer in any negotiations and sign any Contract(s) that may result:

Name: _______________________________Title: ___________________________________

Minimum Proposal Requirements:

• Include current resumes for each of the Proposer’s Key Persons.

• -Meets all Minimum Proposal Requirements described in Section 2.1; and 2.2

• Addresses all Technical Proposal Requirements described in Section 2.3, including but not limited to Section 1.4, Scope of Work.

Regarding Section 4.5, Reference Checks for the Proposer’s Company, provide at least three (3) business or customer references with telephone numbers (please verify numbers) for the organization. Business references must be able to verify your business history and relevant experience.

Business or Customer Reference #1

Name of Organization: ___________________________________________________

Address: _______________________________________________________________

City: ___________________________________

State: ____________Zip: __________

Name of contact person: __________________________________________________

Phone number: _________________________________________________________

Number of years your organization has served this client: ___________years.

Describe the services, for example, products, type of services, unique challenges, customer service enhancements, etc.:

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Business or Customer Reference #2

Address: _______________________________________________________________

City:___________________________________ State: ____________Zip: __________

Name of contact person: __________________________________________________

Phone number: _________________________________________________________

Number of years your organization has served this client: ___________years.

Describe the services, for example, products, type of services, unique challenges, customer service enhancements, etc.:

Business or Customer Reference #3

Address: _______________________________________________________________

City:___________________________________ State: ____________Zip: __________

Name of contact person: __________________________________________________

Phone number: _________________________________________________________

Number of years your organization has served this client: ___________years.

Describe the services, for example, products, type of services, unique challenges, customer service enhancements, etc.:

Representations, Attestations, and Certifications: The undersigned further acknowledges, attests and certifies individually and on behalf of the Proposer that:

1. No attempt has been made or shall be made by the Proposer to induce any other person or organization to submit or not submit a Proposal.

2. Information included in this Proposal must remain valid for one hundred and twenty (120) days after the Proposal

Closing or until a Contract is executed.

3. The undersigned recognizes that this is a public document and open to public inspection pursuant to applicable statutory, regulatory, and other legal requirements.

4. The Proposer acknowledges receipt of all Addenda (Amendment(s) in OregonBuys) issued under the RFP.

SOLICITATION ADDENDA (AMENDMENTS ON OREGONBUYS):

No. to No. Inclusive.

5. The Proposer has not discriminated and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin; Proposer has not discriminated and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is: (a) a minority, women or emerging small business enterprise certified under ORS 200.055; or (b) a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225.

6. Proposer has a written policy and practice that meets the requirements described in 279A.112 for preventing sexual harassment, sexual assault and discrimination against employees who are members of a “protected class,” as that term is defined in subsection (1) (b). A Proposer’s policy and practice must include, but not be limited to, giving employees

RFP 249978A001 Page 16 of 48 a written notice of the policy that both prohibits and prescribes disciplinary measures for conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

7. The Proposer, acting through its authorized representative, has read and understands all requirements of the RFP, including any instructions, Specifications, and terms and conditions contained within the RFP and all Addenda, if any.

8. The Proposer agrees to and shall comply with, all requirements, specifications and terms and conditions contained within the RFP, including all Addenda, if any; by Proposal submission, Proposer agrees to be bound by the Contract terms and conditions in Attachment B to this RFP and as modified by Addendum, except for those terms and conditions that OMD has reserved for negotiation in the RFP.

9. The Proposal submitted is in response to the specific language contained in the RFP, and Proposer has made no assumptions based upon either (a) verbal or written statements not contained in the RFP, or (b) any previously issued

RFP, if any.

10. The Proposer agrees that if awarded the Contract, Proposer must be fully authorized to do business in the State of

Oregon and licensed to perform the Services at the time of the award.

11. The Proposer will comply with all Pay Equity training requirements:

All contractors are required to comply with the Pay Equity law, ORS 652.220 https://www.oregonlegislature.gov/bills_laws/ors/ors652.html.

The Oregon Department of Administrative Services provides Pay Equity training information at:

https://www.oregon.gov/das/procurement/pages/payequity.aspx

Suppliers with a contract valued at $500,000 or more and that have 50 or more employees are required to take the training and submit a certificate as proof before they may be awarded a contract or price agreement.

12. The Proposer is not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon tax laws" means a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250, ORS Chapters 118, 314, 316, 317, 318, 321 and 323; and local taxes administered by the Oregon Department of Revenue under ORS 305.620.

13. Collusion

A Proposer submitting a Proposal hereby certifies that no officer, agent or employee of the State has a pecuniary interest in this Proposal; that the Proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer and that the Proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

14. Oregon False Claims Act

Proposer certifies that it understands that any statement or representation contained in or attached to its Proposal, and any statement, representation, or application the Proposer may submit under any contract that may be awarded under this RFP, that constitutes a “claim” (as defined by the Oregon False Claims Act, ORS 180.750(1)), will be subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

15. Recycled Products Certification

Vendors must use recycled products to the maximum extent economically feasible in the performance of the Contract

Services set forth in this RFP.

Authorized Agencies must use, or require persons with whom they Contract with, to use in the performance of the

Contract Services, to the maximum extent economically feasible, recycled paper products as well as other recycled plastic resin products. (ORS 279B.270 (1) (e)).

“Recycled paper” means a paper product with not less than fifty percent of its fiber weight consisting of secondary waste materials; or twenty-five percent of its fiber weight consisting of post-consumer waste. (ORS 279A.010

(1)(gg)).

https://www.oregon.gov/das/procurement/pages/payequity.aspx

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ORS 279A.010 (1) (ii) provides as follows: "'Recycled product' means all materials, goods and supplies, not less than

50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of total weight consisting of post-consumer waste. 'Recycled product' also includes any product that could have been disposed of as a solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product's form."

ORS 279A.010(1)(u) provides as follows: "Post-consumer waste” means a finished material which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. 'Post-consumer waste' does not include manufacturing waste."

ORS 279A.010(1)(jj) provides as follows: "'Secondary waste materials' means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process.