26-012-G Ductile Iron Pipe.pdf

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Ductile Iron Pipe

RFP No.: 26-012-G Closing Date: Monday, February 16, 2026 Time: 2:00 PM PT

Description: EWEB invites proposals from Contractors supplying ductile iron pipe on an as-needed basis.

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

Pre-Proposal Conference: NO

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 72-hours prior to the closing date and time listed above.

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 Scope of Work / Technical Specifications

3 Reserved

4 Evaluation Process & Contractor Selection

5 Evaluation Criteria

6 Proposal Form

EXHIBITS

1 Sample Contract

LEGAL ADVERTISEMENT

RFP #26-012-G

DUCTILE IRON PIPE

The Eugene Water & Electric Board (EWEB) requests proposals from companies interested in providing ductile iron pipe.

Proposals shall be submitted on the State of Oregon – OregonBuys website (https://oregonbuys.gov/bso/), before, 2:00 pm PST, Monday, February 16, 2026. (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/. (On OregonBuys home page, search for 6call Bid # S-P00140-00015768. For navigation help, please call 1-855-800-5046.)

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

No proposal may be withdrawn after the hour set for the opening thereof until the elapse of thirty (30) days from the date and time set for opening.

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

Date: January 15, 2026

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

Sandra Hahn Rectangle

Sandra Hahn Rectangle

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 #26-012-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 not protest or make a request to change the entire terms and conditions of the solicitation.

For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc. Company standard terms and agreements documents will not be reviewed or considered. Proposers have the opportunity to propose changes to EWEB’s terms as part of the scored evaluation but must submit them per the RFP instructions in Section 5. EWEB reserves the right to negotiate the proposed terms and/or conditions with the Finalist, and either accept or reject the proposed terms and/or conditions.

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

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT, IN WRITING.

mailto:sandra.hahn@eweb.org

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

(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)

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.

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

(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.

• Cover Letter, with introduction of firm

• Response to All Evaluation Criteria (Section 5)

• Proposal Form (Section 6)

• All posted addenda acknowledged

(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 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.

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.

https://oregonbuys.gov/bso/

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.

SCHEDULE OF EVENTS

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

Last day for EWEB to receive questions from Proposers 2-9-26

Last day EWEB will post Addenda on Bid Site 2-11-26

Closing date (last day to submit proposals to EWEB) 2-16-26

Responses evaluated 2-26-26

Intent to Award Announcement Posted on Bid Site 2-26-26

Board Approval April 7, 2026

Contract Award April 9, 2026

2. SCOPE OF WORK / TECHNICAL SPECIFICATIONS

2.1 SCOPE OF WORK

Contractor shall furnish all ductile iron pipe in strict accordance with the requirements of this bid and attached specifications. All pipe shall be new and unused. In order to match existing pipe in EWEB’s system and keep inventory to a minimum, EWEB requires that Ductile Iron Pipe be compatible with existing pipe and fittings per the Technical Specifications below.

2.2 LENGTH OF CONTRACT.

The contract for this project (“Contract”) will start from the date of award, approximately, April of 2026, and will last five years.

2.3 TECHNICAL SPECIFICATIONS- DUCTILE IRON PIPE AND APPURTENANCES

Piping: Ductile iron pipe shall meet the requirements of AWWA C151. All pipe shall be made of 60-42-10 Ductile Iron and fully-gauged along entire length of pipe.

Thickness Class: Pipe used for distribution mains shall be Class 51 DI Pipe for 4-inch, 6-inch and 8-inch.

All other sizes shall be class 50 Ductile Iron. Proposer may substitute higher class DI Pipe at no additional cost to EWEB.

Length: All pipe shall be 18 or 20 foot lengths.

Joint: Pipe joints shall be Tyton type and shall meet the requirements of AWWA/ANSI C111/A21.11.

Restraint Gaskets: All gaskets shall be purchased separately and shall not be supplied with the pipe.

Approved gaskets include: U.S. Pipe Field Lok, American Pipe Fast Grip, McWane Sure Stop, or an approved equivalent.

Lining: All pipe shall be cement lined as specified in AWWA/ANSI C104/A21.4 “Cement-Mortar Lining for Ductile-Iron Pipe and Fittings”.

External Coating: External pipe coating shall be an asphaltic coating in accordance with AWWA/ANSI C151/A21.51 for pipe and zinc coated in accordance with ISO 8179-1(Ductile Iron Pipes-External zinc-based coating-Part 1: Metallic Zinc with Finishing Layer).

Lubricant: Non-toxic, NSF 61 approved, vegetable soap lubricant shall be supplied in sufficient quantities for installing the pipe furnished.

Lock Ring Joint: Allowed Lock Ring Joints shall be TR Flex, Flex Ring, or approved

2.4 CONTRACT USAGE

EWEB may require ductile iron pipe with different configurations than those specifically listed on the bid form. EWEB reserves the right to order additional ductile iron pipe as may be required. The Contractor agrees to provide additional ductile iron pipe at similar discount rates.

2.5 WARRANTY

Contractor warrants to EWEB that any goods furnished will operate and function in the manner represented by Contractor and will achieve the performance stated in the material specification, when operating within the design conditions described therein.

Contractor warrants the goods furnished are free from defects in material and workmanship, and agrees to repair or replace any pipe that is unsuitable for operating or fails in operation during normal and proper use, including all parts and labor, at no cost to EWEB.

EWEB requires a minimum warranty period of ten (10) years after the date of receipt unless vendor routinely and normally offers an extended period beyond the eighteen months, which extended period shall apply to this product/equipment.

2.6 PRODUCT IDENTIFICATION

Ductile Iron Pipe. Bidders shall bid only approved manufacturers. Approved ductile iron manufacturers are American, U.S. Pipe, and McWane.

2.7 ITEM CHANGES DURING TERM OF CONTRACT

During the term of the resulting Contract, EWEB’s requirements may change. EWEB reserves the right to add or delete types of ductile iron pipe as required. Contractor shall offer the same discounts for added items. Any changes to the contract will be made by amendment.

2.8 ORDERS

Orders will be placed by EWEB on an as-needed basis.

2.9 MIMINUM ORDERS

Orders shall be made in truckload quantities. Truckload quantities may be either all one size pipe or a mix of pipe sizes. No other requirements for minimum orders shall be required.

If ordering less than a full truckload, EWEB has the option to combine EWEB shipments with other shipments to reduce freight cost. EWEB recognizes that this may cause the shipment to be delayed more than the required number of days and will negotiate these instances with Contractor as they occur.

2.10 PACKAGING

Contractor shall take care to insure the proper protection from damage of the pipe and any exposed parts during transit.

Ductile iron shall be packaged as follows:

a. full length pieces

b. each layer shall be banded

c. each layer shall be separated by 4x4 wood stickers

2.11 DELIVERY

A. Orders will be placed as needed. Delivered product will generally be delivered to EWEB’s Roosevelt Operations Center (ROC) at 4200 Roosevelt Blvd., Eugene, OR 97402.

All deliveries shall include a detailed bill of lading that includes EWEB’s Purchase Order number clearly marked.

B. Contractor shall confirm receipt of each purchase order within 24 hours of the time the purchase order is emailed to Contractor’s office, excluding weekends and recognized holidays.

C. Contractor must be able to guarantee maximum lead time delivery of product as follows:

o Ductile Iron Pipe (TYTON JT) 12” and smaller – 4 weeks upon order confirmation by Contractor o Ductile Iron Pipe (TYTON JT) 16” – 24” –8 weeks upon order confirmation by Contractor o Ductile Iron Pipe (TR FLEX) All sizes – 10 Weeks upon order confirmation by Contractor o Gaskets - In stock, with occasional 3-week max lead time upon order confirmation by

Contractor

* A “Week” in terms of delivery is 7 calendar days.

C. EWEB reserves the option to combine partial loads with other Contractor shipments to Oregon. EWEB will contact Contractor in advance to discuss whether such combination will increase lead time and if EWEB will approve, such approval will be inserted into the Purchasing Notes of EWEB purchase order.

D. Delivery hours (Pacific Standard Time) are as follows:

Monday thru Thursday - 9:00 am to 11:00 am and 1:00 pm to 3:00 pm

2.12 SELF-HAUL OPTION

EWEB reserves the option to pick up product directly at Contractor’s distribution center located at 6720 SW McEwan Road, Lake Oswego, OR 97035. The unit cost of the materials will be provided at Quote price.

2.13 NO GUARANTEED MAX OR MIN

Quantities referred to are estimated quantities. EWEB reserves the right to increase or decrease the quantities and amounts. EWEB does not guarantee any minimum volume purchase.

2.14 METHOD OF DELIVERY

Contractor shall use commercial/common carrier to deliver goods. If Contractor intends to use anything other than commercial/common carriers to deliver goods, an insurance certificate for Automobile Liability as listed in the Insurance section of the Contract must be filed with EWEB Purchasing department.

3. RESERVED

4. EVALUATION PROCESS & CONTRACTOR SELECTION

EWEB intends to use a Single-Tier evaluation process where award is based on written evaluation response, price, and successful negotiations of contract terms. Interviews will not be held. Further details follow.

The total number of points possible for written proposals is 200. (Or 205, if bonus points are awarded.)

Points are assigned as follows:

Criteria Total Possible Points

Minimum Qualifications Pass/No Pass only Proposer’s Ability to Manage Pricing 60 Proposer’s Ability to Manage Delivery 20 Proposer’s Ability to Comply with EWEB Terms 40 Pricing Proposal 80

TOTAL POSSIBLE SCORE 200 (potential for 205 if bonus points awarded)

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

A single-tiered process will be used for this RFP. Written proposals will be evaluated; scoring and Contract award will be based on Proposers qualifications, experience, and pricing. Pursuant to Rule 3-0230(14)(d), EWEB may employ methods of Contractor selection that include without limitation:

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

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

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

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

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

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

4.7 Reserved

4.8 Contractor Selection

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

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

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

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

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

4.9 Notice of Intent to Award

After the completion of the evaluation and final ranking, the Purchasing Contact will issue a written notice of Intent to Award 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”).

4.10 Contract Negotiation

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

a) The Statement of Work;

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

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

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

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

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

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

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest ranked Proposer and continue the process until EWEB has determined to award the Contract to the Proposer with whom it is currently discussing or negotiating. If negotiations with any Proposer does not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may reject all proposals and cancel the RFP. Nothing in the rule precludes EWEB from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

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

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

a) Protests must be 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 Proposer’s Ability to Manage Pricing (60 points possible)

Contractor’s ability to manage price increases is KEY. Proposers may choose from two options:

Option A – The parties will contractually agree to an automatic 4% increase per year at a time mutually agreed upon by both parties with no requirement for support documentation.

OR

Option B - Proposers intending to propose maximum annual increases higher than 4% must have the ability to provide documentation discussing the supply chain conditions at the time in enough detail to clearly demonstrate why the increase is needed. Such increases will be considered and possibly negotiated by EWEB but will not be contractually guaranteed. If an increase is not acceptable to EWEB, EWEB will reserve the right to cancel the Contract with non-optional three months’ notice and no change to pricing in the interim. Acceptable documentation will show specific increases to manufacturer for materials, unionized labor, freight, transport services, and tariffs. (A letter from the Manufacturer simply stating how much prices are increasing without discussing how and why will not meet the standard required.) If Proposer is a Distributor, EWEB seeks Distributor ability to negotiate and manage the impact any increases will have on

EWEB.

Please note: No price increases will be considered for the first 12 months of the 5-year term, for either option.

Bonus points: 5 bonus points will be awarded to Proposers who can commit to less than a 4% increase per year (with no support documentation required).

A. Ability to Limit Cost Increases

1. Will your company select Option A or B above to include in the final Contract, if awarded?

Bonus Points – 5 extra bonus points will be assigned if Proposer can commit to a lower maximum price increase than 4% with no support documentation required. If so, what percentage increase is proposed?

2. If Option B is proposed:

A) If Proposer cannot commit to a maximum of 4%, what maximum percent increase does your firm propose WITH the requirement of submitting the type of support documentation discussed above?

B) While it is not EWEB’s intention to absorb increases in Contractor overhead (including, but not limited to, insurance costs) or to guarantee Contractor profit margins, EWEB will consider certain cost factors when discussing potential price increases, including cost of materials, freight, transport, tariffs (for Proposers shipping from outside the U.S.), and labor.

If Proposer is a distributor, EWEB seeks Contractors that have cost transparency with their manufacturers. Please provide a detailed discussion of the type of tangible and transparent means of documentation or support that your company can provide with a proposed cost increase, such as the Consumer Price Index or a letter from the labor union stating newly negotiated labor rates. If Proposer suggests a software tool, provide details of where the tool is to be found (link) and how user-friendly the tool is. Other examples might include a manufacturer’s letter showing current cost for each item under the

Note: The highest number of points will be assigned to the type of proposed support documentation and/or tools that are transparent in relation to cost structure, easy to use, easy to understand, and effective.

B. Format of Price Increases

Please discuss whether price increases are usually proposed as a percentage increase over all current listed prices or as specific price increases by item.

C. Timing of Price Increase Requests Price increases may be considered/executed once per year by a date that the parties mutually agree upon (the “Cost Consideration Date”.) The Cost Consideration Date will be negotiated and agreed to by both parties and remain the same throughout the term of the Contract. If the Contractor has no particular requirements regarding this date, the Cost Consideration Date will be the annual anniversary of the original execution date.

1. Please indicate whether Proposer will prefer the Cost Consideration Date to be:

_____ Annual anniversary of the original Contract execution date

_____ Date to be negotiated with EWEB

2. If Proposer is a Distributor, please indicate which manufacturers will supply each line on the Bid Form in Section 5.4 below.

5.2 Ability to Manage Delivery (20 points possible)

A. Delivery Lead Times

Can your company contractually commit to:

1. Confirming receipt of a purchase order within 24 hours of the time the purchase order is emailed to your office, excluding weekends and recognized holidays?

2. Please provide your normal lead times for each of the pipe and gaskets listed below, which contains the maximum amount of lead time EWEB requires. (Higher points are assigned when Proposer can ship sooner than the required lead time shown on a regular basis.)

o Ductile Iron Pipe (TYTON JT) 12” and smaller – 4 weeks upon order confirmation by Contractor o Ductile Iron Pipe (TYTON JT) 16” – 24” –8 weeks upon order confirmation by Contractor o Ductile Iron Pipe (TR FLEX) All sizes – 10 Weeks upon order confirmation by Contractor o Gaskets – In stock, with occasional 3 week max lead time upon order confirmation by

* A “Week” in terms of delivery is 7 calendar days.

3. Will your company have any issues ensuring that all deliveries will include a detailed bill of lading that includes EWEB’s Purchase Order number clearly marked?

4. What is the full address of the warehouses Proposer intends to ship from and where will most of

EWEB’s product be shipped from? (EWEB is especially interested in any local or regional warehouses accessible to EWEB.)

5. Transportation Method (Not scored)

Bidder shall indicate below the method that will be used to deliver goods:

___ Commercial/Common Carrier ____ Company Owned/Rented/Leased Vehicle

If Bidder is using anything other than commercial/common carrier to deliver goods, an insurance certificate for Automobile Liability, as listed in the Sample Contract, must be provided prior to the issuance of a Notice to Proceed.

B. Value Added

Provide a detailed discussion regarding your company’s ability to add value to the delivery process, save freight costs for EWEB, and increase efficiencies, including ability to combine shipments other than full truckloads.

5.3 ABILITY TO COMPLY WITH EWEB’S TERMS (40 points Possible)

Please review Exhibit #1 - EWEB’s Sample Contract. Using the extra Word version of this document found on the bid site, utilize MS Track Changes to red-line ALL proposed changes to the CLAUSES IN YELLOW HIGHLIGHT IN THE SAMPLE CONTRACT. You may also use the Comments tool to provide explanation for a revision request.

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

EWEB.

Clauses for review include:

EXHIBIT #1 - SAMPLE CONTRACT (MAIN BODY OF DOCUMENT)

SECTIONS:

3. Invoicing & Payment

4. Price Adjustments

8. On-Time Delivery

9. Inspections and Acceptance

10. Deficiencies and Remedies

11. Warranties 12.a Termination for Convenience 12b(4) Early Termination – Contractor Breach of Contract

13. Payment Upon Early Contract Termination 14a,e,g Insurance – Administrative clauses 14b,c,d Insurance - Coverages

16. Indemnification

35. Governing Law

Rev 09-24 RFP # 26-012-G Ductile Iron Pipe

5.4 Pricing Proposals (80 Points Possible)

Proposers shall enter Unit Price and Extended Price in the BID FORM below, entering total bid at the bottom of Schedule.

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

A = Total Possible points = 80 L = Lowest cost proposed X = Cost being scored B = Awarded Score

Result will be rounded upward to the nearest whole number. In cases of a tie, result will be rounded upward to the nearest hundredth.

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

Example: If A = 80 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 80 = 53 points

Please Note: The Bid Form below lists the estimated annual usage for ductile iron pipe; however, any estimate on the quantity of pipe required by the utility are for bidding purposes only. EWEB makes no guarantee of the actual quantity of pipe that will be purchased (actual purchases may be more or less than those indicated).

BID FORM

A. BID ITEMS

ITEM EWEB

STOCK

CODE

DESCRIPTION

EST.

ANNUAL

QTY IN

FT

UNIT

PRICE

(For Pipe, provide pricing per ft)

EXTENDED

PRICE

1.

965- 0006024

PIPE, 4", DUCTILE IRON, ZINC COATED, CLASS 51, FULL JOINT

LENGTH, TYTON OR FASTITE JOINT, RESTRAINT GASKETS

NOT INCLUDED. 18' LENGTH 990 $__________

2.

965- 0006025

PIPE, 6", DUCTILE IRON, ZINC COATED, CLASS 51, FULL JOINT

LENGTH, TYTON OR FASTITE JOINT, RESTRAINT GASKETS

NOT INCLUDED. 18' LENGTH 990 $__________

3.

965- 0006026

PIPE, 8", DUCTILE IRON, ZINC COATED, CLASS 51, FULL JOINT

LENGTH, TYTON OR FASTITE JOINT, RESTRAINT GASKETS

NOT INCLUDED. 18' LENGTH. 8010 $__________

4.

965- 0006027

PIPE, 10", DUCTILE IRON, ZINC COATED, CLASS 50, FULL

JOINT LENGTH, TYTON OR FASTITE JOINT, RESTRAINT

GASKETS NOT INCLUDED. 18’ LENGTH. 54 $__________

5.

965- 0006028

PIPE, 12", DUCTILE IRON, ZINC COATED, CLASS 50, FULL

JOINT LENGTH, TYTON OR FASTITE JOINT, RESTRAINT

GASKETS NOT INCLUDED. 18’ LENGTH. 1350 $__________

6.

965- 0006029

PIPE, 16", DUCTILE IRON, ZINC COATED, CLASS 50, FULL

JOINT LENGTH, TYTON OR FASTITE JOINT, RESTRAINT

GASKETS NOT INCLUDED. 18’ LENGTH. 594 $__________

7.

965- 0006030

PIPE, 20", DUCTILE IRON, ZINC COATED, CLASS 50, FULL

JOINT LENGTH, TYTON OR FASTITE JOINT, RESTRAINT

GASKETS NOT INCLUDED. 18' LENGTH. 36 $__________

8.

965- 0006031

PIPE, 24", DUCTILE IRON, ZINC COATED, CLASS 50, FULL

JOINT LENGTH, TYTON OR FASTITE JOINT, RESTRAINT

GASKETS NOT INCLUDED. 18' LENGTH. 54 $__________

9.

965- 0003137

PIPE, 20", DUCTILE IRON,ZINC COATED, TR FLEX OR FLEX-

RING, CLASS 50, FULL LENGTH JOINT, 18’ LENGTH 18 $__________

10.

965- 0003142

PIPE, 24", DUCTILE IRON, ZINC COATED, TR FLEX OR FLEX

RING, CLASS 50, FULL LENGTH JOINT. 18' LENGTH. 18 $__________

11. 950- 0003012

GASKET, 4", RESTRAINT, SBR RUBBER, FITS TYTON OR

FASTITE JOINT DUCTILE IRON PIPE, CERTIFIED NSF 61, RATED

TO 350 PSI AND CONFORMS TO ANSI/AWWA STANDARD

C111/A21.11 NSF 61 RATED. 18' LENGTH.

12. 950- 0003013

GASKET, 6", RESTRAINT, SBR RUBBER, FITS TYTON OR

FASTITE JOINT DUCTILE IRON PIPE, CERTIFIED NSF 61, RATED

TO 350 PSI AND CONFORMS TO ANSI/AWWA STANDARD

C111/A21.11 NSF 61 RATED. 18' LENGTH.

13. 950- 0003014

GASKET, 8", RESTRAINT, SBR RUBBER, FITS TYTON OR

FASTITE JOINT DUCTILE IRON PIPE, CERTIFIED NSF 61, RATED

TO 350 PSI AND CONFORMS TO ANSI/AWWA STANDARD

C111/A21.11 NSF 61 RATED. 18' LENGTH.

14. 950- 0003015

GASKET, 10", RESTRAINT, SBR RUBBER, FITS TYTON OR

FASTITE JOINT DUCTILE IRON PIPE, CERTIFIED NSF 61, RATED

TO 350 PSI AND CONFORMS TO ANSI/AWWA STANDARD

C111/A21.11 NSF 61 RATED. 18' LENGTH.

15. 950- 0003016

GASKET, 12", RESTRAINT, SBR RUBBER, FITS TYTON OR

FASTITE JOINT DUCTILE IRON PIPE, CERTIFIED NSF 61, RATED

TO 350 PSI AND CONFORMS TO ANSI/AWWA STANDARD

C111/A21.11 NSF 61 RATED. 18' LENGTH.

16. 950- 0003017

GASKET, 16", RESTRAINT, SBR RUBBER, FITS TYTON OR

FASTITE JOINT DUCTILE IRON PIPE, CERTIFIED NSF 61, RATED

TO 350 PSI AND CONFORMS TO ANSI/AWWA STANDARD

C111/A21.11 NSF 61 RATED. 18' LENGTH.

17. 950- 0003018

GASKET, 20", RESTRAINT, SBR RUBBER, FITS TYTON OR

FASTITE JOINT DUCTILE IRON PIPE, CERTIFIED NSF 61, RATED

TO 350 PSI AND CONFORMS TO ANSI/AWWA STANDARD

C111/A21.11 NSF 61 RATED. 18' LENGTH.

18. 950- 0003019

GASKET, 24", RESTRAINT, SBR RUBBER, FITS TYTON OR

FASTITE JOINT DUCTILE IRON PIPE, CERTIFIED NSF 61, RATED

TO 350 PSI AND CONFORMS TO ANSI/AWWA STANDARD

C111/A21.11 NSF 61 RATED. 18' LENGTH

TOTAL BID $______________

B. OPTIONAL ITEMS (Not Scored)

Provide pricing and lead time for the following pipe:

Earthquake Joint: Earthquake joints shall have the ability to flex and telescope to accommodate ground movement. Joint shall be TR- Extreme, American Earthquake pipe, or approved

Pricing and lead time submitted for this request are excluded from the Total Bid calculation and evaluation.

Such information will be used only to assess potential inclusion in the resulting contract.

EWEB

STOCK

CODE

DESCRIPTION UNIT PRICE PER

FOOT

LEAD TIME

965- 0006034

PIPE, 6", DUCTILE IRON, EARTHQUAKE JOINT, CLASS 53, FULL

JOINT LENGTH, ZINC COATED, GASKETS AND RESTRAINTS

INCLUDED. 18' LENGTH

965- 0006035

PIPE, 8", DUCTILE IRON, EARTHQUAKE JOINT, CLASS 53, FULL

JOINT LENGTH, ZINC COATED, GASKETS AND RESTRAINTS

INCLUDED. 18' LENGTH.

965- 0006036

PIPE, 12", DUCTILE IRON,EARTHQUAKE JOINT, CLASS 53,

FULL JOINT LENGTH, ZINC COATED, GASKETS AND

RESTRAINTS INCLUDED. 18' LENGTH.

965- 0006037

PIPE, 16", DUCTILE IRON, EARTHQUAKE JOINT, CLASS 53,

FULL JOINT LENGTH, ZINC COATED, GASKETS AND

RESTRAINTS INCLUDED. 18' LENGTH.

C. SPECIAL ORDER ITEMS

Discount on all other manufacturers’ product, provided for the length of Contract term ______%

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, PER SECTION 1.8(B).

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

Place a check in front of each item indicating inclusion in your response)

COVER SHEET, with introduction of firm RESPONSE TO ALL EVALUATION CRITERIA listed in Section 5 PROPOSAL FORM – This Section 6

ALL POSTED ADDENDA ACKNOWLEDGED

ALL DOCUMENTS COMBINED INTO ONE PDF FILE

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP DOCUMENTS:

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

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

Check if not applicable or no Addenda were received: ____

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. 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.

E. 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…