Rev 09-24 RFP # - 26-171-PSC

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Carmen-Smith Mitigation Fund Administrator

RFP No.: 26-171-PSC Closing Date: Monday, November 2, 2026 Time: 2:00 PM PST

Description: The Eugene Water & Electric Board (EWEB) requests proposals from firms capable of managing mitigation funds for the purpose of implementing aquatic habitat or water quality improvement projects in the Mckenzie River Basin. The Administrator will identify, manage selection, and distribute funding for selected projects that qualify for mitigation funds. The Administrator will also report annually on expenditures, activities, and available balances.

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

Pre-Proposal Microsfot Teams Video Conference: YES - Voluntary Date: October 14, 2026 Time: 1:00 PM Refer to Section 1.6 for details and how to RSVP.

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 for Proposers

2 Scope of Work

3 Minimum Qualifications and Requirements

4 Evaluation Process & Contractor Selection

5 Evaluation Criteria

6 Proposal Form

EXHIBITS

1 Sample Contract

LEGAL ADVERTISEMENT

RFP # 26-171-PSC

CARMEN-SMITH MITIGATION FUND ADMINISTRATOR

The Eugene Water & Electric Board (EWEB) requests proposals from firms capable of managing mitigation funds for the purpose of implementing aquatic habitat or water quality improvement projects in the Mckenzie River Basin. The Administrator will identify, manage selection, and distribute funding for selected projects that qualify for mitigation funds. The Administrator will also report annually on expenditures, activities, and available balances.

Proposals shall be submitted on the State of Oregon – OregonBuys website (https://oregonbuys.gov/bso/), before, 2:00 pm PST, November 2, 2026, Monday. (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 OregonBuys Bid # S- P00140-00018123. For navigation help, please call 1-855-800-5046.)

An optional Pre-Proposal Conference will be held at 1:00 PM, October 14, 2026, and will be conducted via a Microsoft Teams meeting. See Section 1.6 of the RFP document for details.

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: October 2, 2026

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

1. INSTRUCTIONS FOR 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 # 26-171-PSC

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

EW-3-0700(2)).

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

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

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

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

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

mailto:sandra.hahn@eweb.org

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL

TERMS AND CONDITIONS MAY BE MADE AT TIME OF PROPOSAL SUBMISSION. THERE MAY BE NO

OPPORTUNITY TO DO SO AT A LATER DATE.

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

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

1.4 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 PRE-PROPOSAL CONFERENCE

A voluntary Pre-Proposal Conference will be held at 1:00 PM, October 14, 2026 via Microsoft Teams. The purpose of the conference is to discuss the work to be performed with the prospective Proposers and allow questions regarding the project work. Please RSVP beforehand to the following email:

andrew.talabere@eweb.org.

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.

mailto:andrew.talabere@eweb.org 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

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.

(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:

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation and the Sample Contract (Exhibit 1). Statement may also include request for negotiation of proposed terms and conditions as allowed per Section 1.4.

Termination for Default: Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of Proposer’s past performance.

• Response to Minimum Qualifications (Section 3)

• Response to All Evaluation Criteria (Section 5)

• Proposal Form (Section 6)

• All posted addenda acknowledged

(c) RESPONSIVENESS / RESPONSIBILITY 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 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 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.

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:

https://oregonbuys.gov/bso/

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.

Request for Proposal released October 2, 2026

Voluntary Pre-Proposal Conference October 14, 2026

Last day for EWEB to receive questions from Proposers October 26, 2026

Last day EWEB will post Addenda on Bid Site October 28, 2026

Closing date (last day to submit proposals to EWEB) November 2, 2026

Responses evaluated November 12, 2026

Intent to Award Announcement Posted on Bid Site November 12, 2026

Board Approval December 1, 2026

Contract Award December 3, 2026

2. SCOPE OF WORK

2.1 BACKGROUND /OBJECTIVES

Throughout 2026, EWEB, the Oregon Department of Fish and Wildlife (ODFW) and Oregon Department of Environmental Quality (ODEQ) worked together, along with the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) to identify and investigate solutions to address the delayed implementation of fish passage at Trail Bridge Dam, as well as to mitigate effects of that delay.

EWEB, ODFW, ODEQ have entered into a Memorandum of Agreement that establishes a Fish Enhancement Fund (“Fund”), to be administered by a third party. The Fish Enhancement Fund will partially or wholly fund the implementation of habitat, fish population enhancement or water quality improvements in the McKenzie River Basin for the benefit of fish and aquatic resources.

2.2 SCOPE OF WORK

The Fund Administrator will establish and act as the trustee of the Fund and will be required to maintain strict financial management protocols for the prudent management of monies contributed to the Fund, to invest Fund monies in interest-bearing accounts, and to seek matching grants where available to increase the benefits of EWEB’s annual contributions. The Fund Administrator will solicit, evaluate and establish a working relationship with a financial institution for the purposes of receiving and distributing monies contributed to the Fund. Specific Fund management protocols will be further described and agreed to in the statement of services in the Personal Services Contract awarded as a result of this Request for Proposals.

The Fund Administrator will be responsible for all initiation, management and administrative responsibilities for the Fund. The Fund Administrator may use a reasonable amount (no greater than 20%) of each annual payment for administrative costs and associated project management costs. The Fund will be funded by EWEB with an initial balance of approximately $1.3 million followed by annual EWEB deposits of approximately $215,000 for at least the next seven years.

The Fund Administrator will establish a technical team comprised of representatives from ODEQ, ODFW and other members of the Carmen-Smith FWG to evaluate and prioritize projects that meet the Fund’s purpose, with an emphasis on selecting projects that have secured matching funds to allow the Fund to be used for direct costs associated with meeting the Fund’s purpose. Periodic, in-person meetings with EWEB and members of the FWG may be required. The Fund Administrator may also be asked to facilitate procurement for project construction.

The Fund Administrator will prepare and distribute an annual report to ODEQ, ODFW and the FWG that summarizes expenditures over the life of the Fund, generally describes the types of projects undertaken during the prior year and itemizes the growth and expenditures of funds during the prior year and total amounts available for future funding proposals.

2.3 LENGTH OF CONTRACT.

The contract for this project (“Contract”) will start from the date of award, approximately December 3, 2026, and will last approximately 7 years.

2.4 APPROXIMATE ANNUAL TIMELINE OF WORK

• January – March - Process design, Introductory meetings with members of the ODFW, ODEQ and the FWG, initial research and solicitation of potential projects.

• March – September – Manage meetings with ODFW, ODEQ and the FWG to select projects to be funded , establish agreements with selected projects, process funding.

• October – December - Monitor and report on selected and funded projects.

2.5 LOCATION OF WORK

The location of the work to be performed, completed and managed at Contractor’s business location and the McKenzie River Basin. Periodic meetings may be held at EWEB’s offices in Eugene, OR. EWEB WILL NOT provide workspace for the Contractor. The Contractor must provide its own workspace.

3. MINIMUM QUALIFICATIONS (PASS/FAIL)

Minimum Qualifications (Pass/Fail)

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

Proposers shall respond to each of the Minimum Requirements in writing in a brief and concise manner. (See Submittal section following.) EWEB does not pre-qualify Proposers; your proposal must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

1. Proposer must have been in business providing fund management experience related to aquatic design or aquatic construction valued at least an average of $3 million annually for at least 5 years.

2. Proposer must have experience managing funds with a similar structure and trustee responsibility to the scope of work described in RFP Section 2 above. This could include grant management or other types of mitigation or restorative funding.

3. Proposer must provide client references for 3 recent contracts providing similar services to the requirements in this RFP that are either in progress or have been completed within the last 5 years that will indicate quality of performance and demonstration of financial management best practices. EWEB reserves the right to contact clients referenced.

4. Proposer must also provide experience/performance information for key sub-contractors, if any, that will provide sub-consulting services for Proposer under this Contract.

SUBMITTAL OF PROPOSER QUALIFICATIONS

Please provide the following information on individual pages labeled “Minimum Qualifications”.

1. Company Information:

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

b. Indicate how many years Proposer has continuously been in business.

c. Indicate the number of years Proposer has had experience providing design, consulting or fund management services comparable to that required by this RFP and valued at a minimum of $3,000,000 per year.

d. Describe your firm’s experience managing funds with a similar structure and trustee responsibility to the scope of work stated in RFP Section 2. This could include grant management or other types of mitigation or restorative funding.

2. Related Project Experience / References

Proposer shall provide references for 3 recent contracts providing similar services to the requirements in this RFP that are either in progress or have been completed within the last 5 years that will indicate quality of performance and demonstration of financial management best practices. For each client reference, the following information shall be provided:

a. Name of client

b. Project title and one sentence description of services furnished

c. Contracted completion date , actual completion date, and explanation for any completions that were later than the contracted completion date.

d. Original contracted cost, actual cost at time of Final Completion, and explanation for any material difference.

e. Client contact representative who is able to attest for Proposer’s performance, including email address, telephone number, and city/state located in. (This person should be notified by Proposer that EWEB may contact him/her for purposes of checking references.)

3. Sub-Contractors

Provide names of any proposed key sub-contractors providing services under this Contract, if awarded, city/state of office location, and describe at least 2 projects that sub-contractor worked on with Contractor in the last 3 years. For each project, describe whether sub-contractor submitted work on time or if time had to be extended, by how long, and for what reason.

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 100.

Points are assigned as follows:

Criteria Total Possible Points

Minimum Qualifications Pass/No Pass only Company Experience 20 Project Approach 20 Key Staff Experience 20 References from Past Clients 20 Pricing Proposal 20

TOTAL POSSIBLE SCORE 100

4.1 Review and Acknowledgment of Defective Proposals

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

4.2 Right of Rejection

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

Proposers may not make stipulations or restrict the rights of EWEB. If 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;

(F) 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

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

4.9 Notice of Intent to Award

After the completion of the evaluation and final ranking, the Purchasing Contact will issue a written notice of Intent to Award 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, to the extent affected by negotiations regarding the Statement of Work; and

c) Any exceptions, revisions, or alternate terms specifically identified in the Proposer’s Cover Letter and accepted by EWEB for negotiation.

The Owner may request a Teams meeting with the Finalist during the negotiation process to discuss the scope of work, Contract terms, and any other matters requiring clarification or resolution.

Except as expressly authorized by EWEB, no new exceptions, revisions, objections, or alternate terms may be introduced after Proposal submission.

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 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 26-171-PSC” 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 Company Experience (20 points possible)

a. Demonstrate qualifications to complete the requested services.

b. For each of the 3 projects cited by Proposer for Section 3 Submittals for Minimum Qualifications, question #2, provide the following :

1) Project Title

2) Complete description of work contracted and performed.

3) Discuss how the work performed relates to the scope of work provided in Section 2 of this RFP.

5.2 Project Approach (20 points possible)

Demonstrate Proposer’s ability to clearly define the desired action to be taken and to perform the tasks and subtasks identified in the Scope of Work. Response should include the proposed schedule for delivery of major task milestones and indicate management approach to be utilized when addressing key issues of the project.

Points will be awarded based on a clear demonstration of ability to meet the deadline while accounting for unanticipated delays. Points will also be awarded for a complete project timeline that indicates the critical path and tasks that require EWEB personnel to complete.

5.3 Key Staff Experience (20 points possible)

Demonstrate Proposer’s team qualifications and experience relating to the requested services. References listed, or other documented references may be used by EWEB during the evaluation of this criterion.

Response should address the following:

• Extent of principal involvement;

• Names of key members who will or likely will be performing the work on [these/this] project(s) and their responsibilities;

• Short description of experience using teams on similar or related projects; and

• Project Manager's experience with similar projects and interdisciplinary teams.

• Percent of time each key person will be working on EWEB’s project.

5.4 References from Past Clients (20 points possible)

EWEB will contact the client references listed in 5.1 above (and submitted for Section 3 Minimum Qualifications). Please ensure your client representatives are still available at the contact email and phone provided and that they are willing to speak to EWEB regarding your past project(s).

5.5 Pricing Proposals (20 points possible)

The Proposer’s total not-to-exceed fee for the seven-year contract term will be compared to the lowest total fee proposed. Fee scores will be based on the percentage by which each Proposer’s total fee exceeds the lowest proposed fee.

Proposed Fee

A. The table below is for the purpose of determining pricing proposals and, if awarded the Contract, Proposer’s proposed fees will be reflected in the resulting Contract as the Base Fees. Each year however, the annual contribution will be adjusted by the rate of inflation, in which case, the Consultant’s fee will be adjusted by the same rate.

Consultant’s proposed fee: ______% as a % of annual EWEB contributions (not to exceed 20%)

Please note the following for any reimbursable expenses:

i. Reimbursable out-of-pocket expenses will be included in the fee proposed above and reimbursed at Contractor’s actual cost, with no additional mark-up applied. Expense receipts will be attached to invoices for reimbursement.

ii. Travel expense, including transportation, lodging, meals etc. will comply with federal per diem requirements. Expense receipts for travel only under Federal GSA are not required. Detailed information can be found at:

https://www.gsa.gov/travel-resources https://www.gsa.gov/travel-resources

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 and the following:

o Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.8(B).

o Termination for Default: Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of Proposer’s past performance.

RESPONSE TO MINIMUM QUALFICATIONS per Section 3 RESPONSE TO ALL EVALUATION CRITERIA listed in Section 5 PROPOSAL FORM – This Section 6

ALL POSTED ADDENDA ACKNOWLEDGED

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. BIDDER RESIDENCY

ORS 279A.120 states, "For the purposes of awarding a public contract, a contracting agency shall":

(a) Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and

(b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.

“Resident Bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a “Resident Bidder” under this paragraph.

“Non-Resident Bidder” means a bidder who is not a “Resident Bidder” as defined above.

a. CHECK ONE: Bidder is a ( ) RESIDENT Bidder ( ) NON-RESIDENT Bidder.

b. If Resident Bidder, enter your Oregon business address: (physical and mailing address)

c. If a Non-Resident Bidder, enter state of residency:

d. If a Non-Resident Bidder, do you or your Company receive, or are you or your Company eligible for any preference in award of contracts with your state’s government or with other governmental bodies in your state?

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: _________________%

If YES, but not a percentage of bid price, describe the preference:

If YES, state the law or regulation that allows the preference described (legal citation):

E. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR STATUS

The undersigned acknowledges that:

1. Contractor certifies its status as an independent contractor in satisfaction of Oregon law, including ORS 670.600, and shall perform all required Work as an independent contractor. EWEB holds the right (i) to determine the delivery schedule for the Work to be performed and (ii) to evaluate the quality of the completed performance, but EWEB cannot and will not control the means or manner of Contractor’s performance. Contractor is responsible for determining the appropriate means and manner of performing the Work.

2. The parties covenant that Contractor, its sub-contractors, agents, officers and representatives do not qualify as officers, employees, or agents of EWEB as those terms are used in ORS 30.265 nor shall they seek such qualification relating to performance of the Work.

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

PROPOSER SIGNATURE / EXECUTION OF RFP SUBMISSION

F. ASSURANCES:

The undersigned attests that they:

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

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

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

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

Have not and will not discriminate against a sub-contractor in the awarding of a sub-contract because the sub-contractor is a disadvantaged minority, women or emerging small business enterprise certified under ORS 200.055.

Represent and warrant to EWEB that they have the power and authority to enter into and perform work under an awarded Contract and that the Contract, when executed by EWEB and Contractor, the Contract shall be a valid and binding obligation of Contractor, enforceable in accordance with its terms.

Arrived at the specifics of the proposal, including price and amounts, independently and without communication or agreement with another Proposer, except as disclosed in a separately attached statement;

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

Have not directly or indirectly induced or solicited another Proposer, in order to benefit a third person, to submit a false or sham proposal, to refrain from proposing, or to change a proposal;

Will not directly or indirectly disclose the Proposer's proposal price, a breakdown of the price, the contents of the price or information or data related to the price to another Proposer;

Will not seek through communication or agreement with a person to fix the proposal price of the Proposer or another Proposer, to fix an overhead, profit or cost element of the proposal price of the Proposer or another Proposer or to secure any advantage against the contracting agency or any other person interested in the public contract;

Have not directly or indirectly expressed an interest or lack of interest in the public contract, or paid or offered to pay a fee to a person, to cause a collusive or sham proposal;

Contractor, by signing this Proposal Form, represents and warrants that, if awarded, Contractor’s performance under this contract will create no potential or actual conflict of interest, including but not limited to conflicts of interest as defined in ORS 244.020. Contractor further warrants that no state or federal law or EWEB rule will prevent Contractor's lawful performance of an awarded contract. If Contractor is currently performing work for EWEB or another governmental entity, Contractor’s participation in other public contracts will not create a potential or actual conflict of interest in performance of this Contract, if awarded.

PROPOSER INFORMATION:

Proposer Company Name

Company Address (from which work will be performed)

Telephone Number Company Web Address

Per…