5. Proposal Form UPDATED.pdf

5. PROPOSAL FORM (UPDATED)

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 1.3.

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 ALL EVALUATION CRITERIA listed in Section 4 PROPOSAL FORM – This Section 5

PRICING SHEET – Section 4.3 COMPONENT TARIFF DISCLOSURE – Attachment 1

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.

F. RECYCLED PRODUCTS CERTIFICATION OR RESERVED

Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract set forth in this document. EWEB shall give preference to goods that are certified to be made from recycled materials if:

(a) The recycled product is available;

(b) The recycled product meets applicable standards;

(c) The recycled product can be substituted for a comparable non-recycled product; and

(d) The recycled product’s costs do not exceed the costs of non-recycled products by more than five percent, or a higher percentage if a written determination is made by EWEB. [2003 c.794 §17]

ORS 279A.010(gg) states “Recycled product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. “Recycled product” includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.

ORS 279A.010(s) states: “Post-consumer waste” means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. “Post-consumer waste” does not include manufacturing waste.

ORS 279A.010(hh) states: “Secondary waste materials” means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value.

“Secondary waste materials” includes post-consumer waste. “Secondary waste materials” does not include excess virgin resources of the manufacturing process. For paper, “secondary waste materials” does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

ORS 279A.010(ff) states: “Recycled PETE” means post-consumer polyethylene terephthalate material.

I, the undersigned duly authorized representative of the Bidder/Proposer, hereby certify that the products, if any, offered in this bid/proposal contain the following minimum percentages:

(NOTE: If product(s) bid contain no recycled materials, then write "0" in space(s) provided)

a) ________% (recycled product as defined in ORS 279A.010(gg));

b) ________% (post consumer waste as defined in ORS 279A..010(s));

c) ________% (secondary waste materials as defined in ORS 279A.010(hh));

d) ________% (recycled PETE product as defined in ORS 279A.010(ff));

Product Name: ___________________________________________________

Bid (line) Item No.: ______

It is the Bidder’s responsibility to provide additional signed copies of the Certification of Compliance for each (bid line) item which contains a different percentage of recycled materials than listed above.

Sustainability Questionnaire

Company Name: ______________________________________ Date: _________

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

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

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

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

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

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

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

PROPOSER SIGNATURE / EXECUTION OF RFP SUBMISSION

G. 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

Person Signing RFP_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________________

RFP CONTACT (if different than above)

RFP Representative_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________

Phone: ____________________________________________________________________________________