AGENCY RFQ 26-189 ESCO - EPID Final~1.pdf

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 1 of 19

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF ENERGY (“Agency”)

Energy Service Company (“ESCO”)

Request for Qualifications (“RFQ”)

AGENCY RFQ #26-189

OREGON BUYS SOLICITATION

S-33000-00018034

RFQ Available Date:

October 6, 2026, 4:00 pm Statement of Qualifications (“SOQ”) Opening Date:

November 3, 2026, 4:00pm

Single Point of Contact (SPC): Heidi Wheeler Address: 550 Capitol St NE City, State, Zip Salem, OR 97301 Phone (voice) (503)-569-2522 E-mail: Heidi.WHEELER@energy.oregon.gov mailto:Heidi.WHEELER@energy.oregon.gov

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 2 of 19

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SINGLE POINT OF CONTACT (SPC)

SECTION 2: PROCUREMENT AUTHORITY AND OVERVIEW OF RFQ

2.1 AUTHORITY AND METHOD

2.2 SCHEDULE

2.3 DEFINITION OF TERMS

2.3.1 General Definitions

2.3.2 Project Specific Definitions

2.4 OVERVIEW OF SOLICITATION PROCESS FOLLOWING PREQUALIFICATION

2.5 SCOPE OF SERVICES

2.6 AGENCY RESERVATION OF RIGHTS………………………………………………………….8

SECTION 3: STATEMENT OF QUALIFICATION (“SOQ”)

3.1 SOQ DOCUMENTS

3.1.1 Public Notice

3.1.2 Questions / Requests for Clarification

3.1.3 SOQ Submission Procedure

3.1.3.1 Submission through email…………………………………………………………...9

3.1.3.2 Submission through Mail or Parcel Carrier…………………………………………9

3.1.4 SOQ Modification or Withdrawal

3.1.5 SOQ Due

3.1.6 SOQ Rejection

3.1.7 Opening of SOQ

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 SOQ Submittal Requirements

3.2.2 Affidavit of Exemption From Disclosure (Attachment B)

3.2.3 Reference Check Form (Attachment D)

3.2.4 Firm Profile (Attachment H)

3.2.5 Technical Submittal (Attachment I)

3.3 SOQ FORMAT AND QUANTITY

3.3.1 SOQ Page Limit

3.3.2 Authorized Representative

3.4 MINIMUM ESCO AND PERSONNEL QUALIFICATIONS

SECTION 4: EVALUATION PROCESS

4.1. RESPONSIVENESS DETERMINATION

4.2 SCORED EVALUATION CRITERIA

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 3 of 19

4.3 EVALUATION COMMITTEE AND SCORING

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD

5.2 ENERGY SERVICE COMPANY (ESCO) PREQUALIFICATION AGREEMENT

SECTION 6: REQUIRED COMPLIANCE DOCUMENTATION

6.1 TAXPAYER IDENTIFICATION NUMBER AND W9

6.2 BUSINESS REGISTRY

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNING LAWS AND REGULATIONS…………………………………………….18

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 CANCELLATION OF RFQ; REJECTIONS OF SOQ; NO DAMAGES………………………….18

7.4 COST OF SUBMITTING A SOQ………………………………………………………………….18

7.5 CHECKLIST DISCLAIMER……………………………………………………………………….18

LIST OF ATTACHMENTS

• Sample Agreement (Attachment A)

• Affidavit of Exemption From Disclosure (Attachment B)

• Energy Service Company Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Cost Offer Form (Attachment E) – NOT USED

• Certified Disadvantaged Business Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Firm Profile (Attachment H)

• Technical Submittal (Attachment I)

• Sample Energy Performance Contract (Attachment Q)

Remainder of this page left blank intentionally.

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 4 of 19

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION.

The State of Oregon, acting by and through its Department of Energy (“Agency”), is requesting a Statement of Qualifications (“SOQ”) from Energy Service Companies (“ESCOs”) to provide comprehensive energy and water management services and related capital improvements (the “Program”) for various State and local government agencies (“Contracting Agencies”) through Energy Performance Contracts (“EPC”) and EPC projects in accordance with ORS 276.915(7).

State agencies must use pre-qualified firms when entering into an EPC; local government agencies may use this process for convenience.

Goals of this RFQ include the following:

• Increase the number of successful EPCs statewide;

• Provide State and local agencies the opportunity to procure Services from qualified ESCOs in a streamlined and cost-effective way; and

• Ensure ESCOs meet the minimum qualifications needed to carry out successful EPC projects.

Additional details on the scope of the services are included in RFQ Section 2.5, Scope of Services.

ESCOs that specialize in EPC project services are encouraged to submit qualifications.

The Program requires that Contracting Agencies seeking services to reduce the consumption and related costs of energy and water use in their facilities can contract for an ESCO’s services for certain capital improvements. These services are provided through performance-based EPC projects and can enable a Contracting Agency to:

• Achieve savings through long-term, avoided energy and water costs;

• Achieve reductions in energy and water consumption;

• Achieve guaranteed energy performance, energy savings and water savings;

• Obtain consistent levels of comfort and functionality; and

• Maximize ancillary benefits that may accrue as a direct result of such energy-related services and capital improvements, such as environmental protection and the proper disposal of hazardous materials.

This RFQ is the first part of a two-step process. Successful ESCOs will be invited to sign an Energy Service Company (“ESCO”) Prequalification Agreement that outlines general terms and conditions between Agency and the ESCO, and that has an initial term of three (3) years. A sample Energy Service Company (ESCO) Prequalification Agreement is included as Attachment A, Sample Agreement, to this RFQ. Pursuant to ORS 276.900 through 276.915 and Division 130 of OAR Chapter 330, State agencies who wish to engage the services of an ESCO will then conduct procurement in accordance with state agency policy, Public Contracting Code (ORS 279A, 279B, and ORS 279C), and Division 49 of OAR Chapter 137 (Model Rules General Provisions Related to Public Contracts for Construction Services). Local government agencies such as school districts, counties and cities may also wish to employ qualified ESCOs by referencing the list of pre-qualified firms in accordance with procurement policies, statute, and administrative rule. The terms and conditions from the Energy Service Company (“ESCO”) Prequalification Agreement will apply to all EPCs. Energy Service Company (“ESCO”) Prequalification Agreements allow Contracting Agencies to choose an ESCO from a pool of qualified ESCOs but does not guarantee selection for EPC projects.

https://www.oregonlaws.org/ors/276.915 https://www.oregonlaws.org/ors/276.915 https://www.oregonlaws.org/ors/chapter/276 https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1112 https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1112

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 5 of 19

ESCOs will be selected for EPCs directly by the Contracting Agencies seeking EPC work.

Contracting Agencies’ requests will vary according to the services needed. EPCs resulting from this process will contain specific statements of work and budgets for those services requested by the Contracting Agencies. Selection criteria includes, but is not limited to price, experience, past performance, personnel assigned to the project, and timeline requirements.

1.2 SINGLE POINT OF CONTACT (SPC).

The SPC for this RFQ is identified on the Cover Page, along with the SPC’s contact information.

ESCOs shall direct all communications related to any provision of the RFQ, whether about the technical requirements of the RFQ, the Energy Service Company (ESCO) Prequalification Agreement (see RFQ Attachment A – Sample Agreement), the RFQ process, or any other provision only to the SPC.

SECTION 2: PROCUREMENT AUTHORITY AND OVERVIEW OF RFQ.

2.1 AUTHORITY AND METHOD.

Agency is conducting the RFQ pursuant to ORS 276.915, and OAR 330-130. See also RFQ Section 2.6, Agency Reservation of Rights, below.

2.2 SCHEDULE.

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

Event Date / Time (if applicable)

RFQ Available Date October 6, 2026 / 4:00pm

Written Questions / Requests for Clarification Due October 14, 2026 / 4:00pm

Responses to Written Questions / Requests for Clarification Due (approximately)

October 20, 2026 / 4:00pm

Opening Date –ESCO’s Statement of Qualifications (“SOQ”) Due within Oregon Buys

November 3, 2026 / 4:00pm

Evaluation Period (Approximately) November 3, 2026 – November 30, 2026

Notification Letters to Selected ESCOs (Approximately) December 1, 2026

Energy Service Company (ESCO) Prequalification Agreement(s) for ESCO’s (approx.) Issued for Signature (Approximately)

December 15, 2026

2.3 DEFINITION OF TERMS.

For the purposes of this RFQ, capitalized words will refer to the following definitions.

2.3.1 General Definitions.

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.

https://www.oregonlegislature.gov/bills_laws/ors/ors276.html https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1112 https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1112 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309573 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309573 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309573

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 6 of 19

2.3.2 Project Specific Definitions.

Agency means a state agency, board, commission, department or division that is authorized to finance the construction, purchase or renovation of a facility that is or will be used by the State of Oregon (see OAR 330-130-0020(1))

Alternative Energy System means an environmentally sound energy system that uses power derived from renewable resources including, but not limited to, the sun, wind, geothermal sources and heat recovery.

Cost-effective means that an energy resource, facility or conservation measure during its life cycle results in delivered power costs to the ultimate consumer no greater than the comparable incremental cost of the least cost alternative new energy resource, facility or conservation measure. Cost comparison must include, but need not be limited to:

(a) Cost escalations and future availability of fuels;

(b) Waste disposal and decommissioning costs;

(c) Transmission and distribution costs;

(d) Geographic, climatic and other differences in the state; and

(e) Environmental impact.

Energy Conservation Measure (ECM) means a measure primarily designed to reduce the use of energy resources in a facility.

Energy Performance Contract (EPC) means a Public Improvement Contract, between a Contracting Agency and a Qualified Energy Service Company, in which the Qualified Energy Service Company:

(a) Identifies and assesses a need or requirement in a public improvement for: Providing guaranteed energy savings or performance through an energy conservation measure; Reducing energy consumption, greenhouse gas emissions, waste generation or water consumption;

Reducing costs related to energy usage and storage, water supply or waste disposal; Reducing labor and materials costs necessary to repair, replace or maintain energy supply and storage systems, water supply systems or plumbing or waste disposal systems; or Increasing renewable energy generation and storage, including renewable energy from thermal energy sources; and

(b) Recommends and designs and constructs, including fabrication, assembly or installation, as appropriate, a fixture, furnishing, or system that meets the need or requirement identified in subparagraph (a). In this form of Contract, the Qualified Energy Service Company will provide the Contracting Agency with all of the Personal Services and construction Work necessary to identify, assess, and design and construct, including, fabrication, assembly or installation, as appropriate, the fixture, furnishing or system.

Performance Guarantee means an enforceable agreement between an authorized state agency and a qualified energy service company that:

(a) Allocates responsibilities between the authorized state agency and the qualified energy service company for achieving the purposes of an energy performance contract;

(b) Specifies conditions under which the qualified energy service company will guarantee savings, reductions, benefits or other purposes specified in the energy performance contract;

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 7 of 19

(c) Specifies a term during which the agreement remains valid; and

(d) Provides remedies to the authorized state agency, including damages and appropriate equitable relief, if a fixture, furnishing or system that the qualified energy service company recommends, designs and constructs, fabricates, assembles or installs into a facility fails to achieve the savings, reductions, benefits or other purposes specified in the energy performance contract.

Phase 1, Part A Technical Energy Audit (TEA) means a comprehensive investment grade energy audit that seeks to identify all cost-effective investment opportunities through a combination of engineering analysis of energy-using systems and economic analysis of possible energy conservation measures.

Phase 1, Part B Project Development Plan (PDP) means the last step of the analysis phase prior to designing the construction or design-build contract. The purpose of the PDP is to take the measures from the TEA that have been selected for implementation and further develop the projects prior to implementation.

Phase 2 Construction means furnishing, installing, and commissioning energy conservation improvements. Commissioning includes verification of system installation and operating parameters, training of operations and maintenance staff, providing equipment manuals and documentation, and all warranty information.

Phase 3 Measurement & Verification (M&V) means the examination of installed ECMs using a process that is understood and agreed upon by the Contracting Agency and ESCO from the International Performance Measurement and Verification Protocol (“IPMVP”), or any other comparable protocol or process, to monitor and verify the operation of energy-using systems post-installation.

Qualified Energy Service Company (ESCO) means a person that:

(a) Has demonstrated a technical, operational, financial and managerial capability for, and a prior record of success in, identifying and assessing needs for and recommending, designing and constructing, fabricating, assembling or installing fixtures, furnishings or systems that meet the requirements of an energy performance contract;

(b) Has developed expertise in measuring and verifying energy use and reductions in energy use, expertise in identifying greenhouse gas emissions and methods for reducing greenhouse gas emissions or expertise in methods of providing savings, reductions or other benefits that an authorized state agency may seek through an energy performance contract; and

(c) Otherwise meets standards that the State Department of Energy or an authorized state agency specifies for prequalification.

SOQ mean Statement of Qualifications.

State means the State of Oregon.

The remainder of this page left blank intentionally

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 8 of 19

2.4 OVERVIEW OF SOLICITATION PROCESS FOLLOWING PREQUALIFICATION.

Agency will invite selected qualified ESCOs to enter into an Energy Service Company (ESCO) Prequalification Agreement as described in RFQ Section 1.1 Introduction above.

Upon full execution of the Energy Service Company (ESCO) Prequalification Agreement between Agency and the ESCO, the selected ESCO is eligible to submit a bid or proposal to work with a Contracting Agency on a broad range of building energy and water systems to include providing a comprehensive set of energy and water services.

Following prequalification, Agency is not responsible for or involved in the follow-on procurement and contracting processes of Contracting Agencies for EPC project services.

Consequently, Agency will not issue a subsequent Request For Proposal following conclusion of this RFQ process. This RFQ does not commit Agency to enter into a Contract, as that term is defined under the public contracting code (ORS 279A, ORS 279B, ORS 279C). Execution of an Energy Service Company (ESCO) Prequalification Agreement does not obligate Agency in any way to the prequalified entity, nor does it guarantee a Contracting Agency will select a firm prequalified for the performance of EPC project services. Further, Contracting Agencies must still comply with and a prequalified entity must still participate in any follow-on procurement processes applicable to the Contracting Agency for the performance of EPC project services. Nothing in this RFQ nor an Energy Service Company (ESCO) Prequalification Agreement relieves any Contracting Agency from complying with all applicable laws and regulations, including the Contracting Agency’s procurement rules.

2.5 SCOPE OF SERVICES.

Qualifying ESCOs and individuals that sign an Energy Service Company (ESCO) Prequalification Agreement (see RFQ Attachment A, Sample Agreement) for EPC Project services will be responsible for meeting all contractual and Program requirements.

ESCOs contract responsibilities include, but are not limited to, the activities set forth within RFQ Attachment A, Sample Agreement, Exhibit B, Scope of Services for Maintaining Prequalification.

2.6 AGENCY RESERVATION OF RIGHTS.

Agency reserves all rights regarding the RFQ, including, without limitation, the right to engage ESCOs by selection or procurement independent of the RFQ process or any contracts or agreements under it to perform the same or similar services.

SECTION 3: STATEMENT OF QUALIFICATION (“SOQ”) REQUIREMENTS.

3.1 SOQ DOCUMENTS.

3.1.1 Public Notice.

This RFQ, including all Addenda and attachments, is published in the OregonBuys e-procurement system. RFQ documents will not be mailed to ESCOs. Any oral communications shall be considered unofficial and non-binding. ESCOs shall rely only on written statements issued by the SPC.

Agency shall advertise all Addenda on OregonBuys e-procurement system. ESCOs are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFQ by this reference.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 9 of 19

3.1.2 Questions / Requests for Clarification.

All inquiries, whether relating to the RFQ process, administration, deadline or method of award, or to the intent or technical aspects of the RFQ must:

• Be emailed to the Single Point of Contact (SPC).

• Reference the Agency RFQ number #26-189/ OregonBuys #S-33000-00018034

• Identify ESCO’s name and contact information

• Be sent by an ESCO authorized representative

• Refer to the specific area of the RFQ being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in RFQ Section 2.2, Schedule

3.1.3 SOQ Submission Procedure.

ESCOs must complete and submit via OregonBuys all required items, in accordance with all instructions in this RFQ, no later than the SOQ Opening Date and time specified in OregonBuys for this RFQ (submittals by any other means will be rejected).

ESCOs are solely responsible for ensuring their SOQ is received by the SPC in accordance with the RFQ requirements before the SOQ Opening Date. SOQ’s submitted by any means not authorized will be rejected.

3.1.3.1 Submission through email.

Submission through email will not be accepted.

3.1.3.2 Submission through Mail or Parcel Carrier.

Submission through parcel carrier or mail will not be accepted.

3.1.4 SOQ Modification or Withdrawal.

Should an ESCO wish to withdraw or make modifications to a submitted SOQ, the ESCO must do so through OregonBuys, using the “Withdraw Quote” button, prior to the SOQ Opening Date and time. All SOQ modifications or withdrawals must be completed prior to the Opening Date.

3.1.5 SOQ Due.

SOQ and all required submittal items must be received by the SPC on or before the SOQ Opening Date as set forth on the Cover Page to this RFQ and within Oregon Buys. SOQ’s received after the Opening Date are considered LATE and will NOT be accepted for evaluation.

Late SOQ’s will be returned to the respective ESCO or destroyed.

3.1.6 SOQ Rejection.

Agency may reject an SOQ for any of the following reasons:

• ESCO fails to substantially comply with all prescribed RFQ procedures and

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 10 of 19 requirements, including but not limited to the requirement that ESCO’s authorized representative sign Attachment C — Energy Service Company Information And Certification Sheet of the SOQ.

• ESCO makes any contact regarding this RFQ with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• ESCO attempts to inappropriately influence a member of the Evaluation Committee.

• SOQ is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFQ or Addenda.

• SOQ does not contain all the information requested in this RFQ.

• SOQ is determined to contain false statements or misrepresentations.

3.1.7 Opening of SOQ.

There will be no public Opening of SOQ’s. SOQ’s received will not be available for inspection until after the evaluation process has been completed.

3.2 MINIMUM SUBMISSION REQUIREMENTS.

ESCO’s are responsible for carefully reading this RFQ and following the instructions. SOQ’s should clearly describe qualifications, experience and capability to do the work as described in this RFQ and must include all RFQ requested information. SOQ’s that do not contain all the information requested may be rejected as non-responsive. Additionally, SOQ’s that are determined to contain false statements or misrepresentations may be disqualified from consideration, and any Energy Service Company (ESCO) Prequalification Agreement resulting from a SOQ containing false information will be terminated. SOQ required information must be organized in the order requested within RFQ Section 3.2.1 SOQ Submittal Requirements to facilitate the SOQ evaluation process.

ESCOs SOQ must address each of the items listed in this section and all other requirements set forth in this RFQ, including those within RFQ Attachment A, Sample Agreement, Exhibit B, Scope of Services for Maintaining Prequalification. ESCO shall describe the goods to be provided or the services to be performed or both. A SOQ that merely offers to provide the goods or services as stated in this RFQ will be considered non-responsive to this RFQ and will not be considered further.

By submitting an SOQ, ESCO attests that the information provided within their submittal is true and accurate. Any false or incorrect statements may disqualify submittals from further consideration. To be considered complete and responsive, SOQs must contain all of the following elements:

3.2.1 SOQ Submittal Requirements.

RFQ Attachments:

• Affidavit of Exemption From Disclosure (Attachment B)

• Energy Service Company Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Certified Disadvantaged Business Outreach Plan (Attachment F)

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 11 of 19

• Responsibility Inquiry (Attachment G)

• Firm Profile (Attachment H)

• Technical Submittal (Attachment I) ESCO to create and provide the following attachments within their SOQ:

• Sample Invoice (Attachment J)

• Example of Project Cost Tracking and Billing Progress Accounting (Attachment K)

• Sample Project Schedule (Attachment L)

• One (1) example TEA (Attachment M)

• One (1) example PDP from the same EPC project (Attachment N)

• Three (3) example M&V Reports from separate EPC projects (Attachment O)

• Bio’s, resumes and an organization chart of proposed Key Personnel (Attachment P)

3.2.2 Affidavit of Exemption From Disclosure (Attachment B)

Provided ESCO believes any of its SOQ is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), ESCO shall complete and submit the Affidavit of Exemption From Disclosure (Attachment B) and an additional fully redacted version of its SOQ, clearly identified as the redacted version.

All SOQ’s are public records and are subject to public inspection.

ESCO is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the SOQ, in whole, as exempt from disclosure is not acceptable. Agency advises each ESCO to consult with its own legal counsel regarding disclosure issues.

3.2.3 Reference Check Form (Attachment D)

ESCO shall complete and submit the Reference Check Form (Attachment D).

Provide at least three (3) references from current or former client firms for similar projects performed for any clients within the last six (6) years.

Agency may check to determine if references provided support ESCO’s ability to comply with the requirements of this RFQ. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify ESCO’s qualifications. Topics may include, but are not limited to:

• professionalism in interactions with others and on site;

• quality and accuracy of energy and cost estimates; or

• quality of audit reports and other work products.

ESCO shall submit references on Attachment D – Reference Check Form. Agency will make three attempts to contact each of the references provided by ESCO. If these attempts are unsuccessful the Agency will contact the ESCO for updated contact information or an alternative reference. ESCO will have three business days to provide the additional information. If no additional information is provided, then the ESCO will receive a score of zero for that reference.

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 12 of 19

3.2.4 Firm Profile (Attachment H)

ESCO shall complete and submit information about the company background, organization, as well as annual volume and history of providing energy-efficiency related services. The Firm Profile (Attachment H) also requests information about legal involvement and financial stability.

3.2.5 Technical Submittal (Qualifications & Approach, Attachment I)

The Technical Submittal, Attachment I, requests a significant amount of detail related to the categories listed below. ESCOs should follow the outline in Attachment I and provide thoughtful responses to each area.

GENERAL QUALIFICATION

Personnel Information: Identify ESCO Key Personnel, each of your subcontractors and sub-consultants and provide information about their expertise. A general statement that the firm uses suitable subcontractors for each project is not acceptable.

Project History: Discuss your firm’s experience with EPC projects as requested.

PERFORMANCE CONTRACTING APPROACH

Explain how your firm approaches and manages EPC projects and provide details, including methodologies and calculations, and pricing and billing information. Include requested work samples for TEA, PDP, and M&V reports.

3.3 SOQ FORMAT AND QUANTITY.

The SOQ must be typed and prepared in a simple, economical manner. SOQs should follow the format and reference the sections listed in this RFQ in the SOQ table of contents. Responses to each section and subsection should be labeled within the SOQ to indicate the item being addressed.

SOQs must describe in detail how requirements of this RFQ will be met and may provide additional related information. SOQs that do not meet these standards may be disqualified.

If the ESCO has used a t t ac hm en t s to provide information above and beyond what is requested within this RFQ, the attachments m u s t be itemized on an Attachment List substantially in the format shown below. Number the additional attachments (and label them accordingly) and include the applicable RFQ heading section being addressed. An accurate Attachment List of th is addi t ional informat ion will facilitate the review process.

Attachment # Applicable RFQ Section

ESCO must submit:

• One (1) complete electronic copy

• Electronic documents must be provided in commonly used formats, such as Microsoft Word or PDF. PDF documents should be bookmarked within the PDF and searchable through Optical Character Recognition (OCR)

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 13 of 19

3.3.1 SOQ Page Limit.

SOQ’s must not exceed 20 pages including pictures, charts, graphs, tables and text and Attachment I – Technical Submittal. Any pages exceeding this limit will not be provided to the Evaluation Committee or considered in the evaluation.

The following items do not count toward the page limit.

• Affidavit of Exemption From Disclosure (Attachment B)

• Energy Service Company Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Certified Disadvantaged Business Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Firm Profile (Attachment H)

• Sample Invoice (Attachment J)

• Example of Project Cost Tracking and Billing Progress Accounting (Attachment K)

• Sample Project Schedule (Attachment L)

• One (1) example TEA (Attachment M)

• One (1) example PDP from the same EPC project (Attachment N)

• Three (3) example M&V Reports from separate EPC projects (Attachment O)

• Bio’s, resumes and an organization chart of proposed Key Personnel (Attachment P)

3.3.2 Authorized Representative.

A representative authorized to bind ESCO shall sign the SOQ. Failure of the authorized representative to sign the Attachment C — Energy Service Company Information And Certification Sheet of the SOQ may subject the SOQ to rejection by Agency.

3.4 MINIMUM ESCO AND PERSONNEL QUALIFICATIONS.

For purposes of this RFQ, ESCO must meet the minimum qualifications described herein.

Qualified ESCOs must be able to: See RFQ Section 2.3.2 Project Specific Definitions, for Phase definitions.

• PHASE 1, PART A: Provide an investment-grade Technical Energy Audit (“TEA”) to identify cost-effective energy and water conservation opportunities at a Contracting Agency’s facility(s) (“Facility”);

• PHASE 1, PART B: Prepare a corresponding Project Development Plan (“PDP”);

• PHASE 2: Design, construct and install cost-effective capital improvements that reduce the consumption and related costs of energy and water use at the Facility;

• PHASE 3: Use their own personnel to provide all project management, construction management, site supervision, subcontractor procurement, and Measurement and Verification (“M&V”) services required to successfully carry out EPC projects;

• Secure financing as requested by the Contracting Agency, so project can be fully reimbursed over the term of investment;

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 14 of 19

• Measure the post-construction energy use and verify the correct operation of the improvements; and

• Guarantee the energy savings or energy performance, avoided costs, and provide a guaranteed maximum EPC project cost at the Facility, based on the ESCO proposed services.

To be qualified under this RFQ, ESCO must also demonstrate technical and managerial capability to address a broad range of building energy and water systems; provide a comprehensive set of energy and water services; and must capture the value of any benefits directly related to the EPC. Energy systems include but are not limited to HVAC equipment and systems, energy management and control systems, lighting systems, domestic hot water systems, the building envelope, alternative energy systems, and other energy using systems. Water systems include but are not limited to: systems that use both water and sewage services, including direct use equipment (sinks, toilets, faucets), controls, and indirect systems (irrigation, cooling tower or boiler make-up water).

To be eligible to submit a Statement of Qualifications (“SOQ”) in response to this RFQ, ESCO must be registered with the Oregon Construction Contractors Board (“CCB”) and must have been a member in good standing for a period of no less than five (5) years. ESCO must also be registered with the Secretary of State to do business in Oregon. ESCO is required to provide this registry number with their SOQ in

ATTACHMENT C — ENERGY SERVICE COMPANY INFORMATION AND CERTIFICATION

SHEET.

Further, qualified ESCOs and their subcontractors must comply with ORS 279C.800 through 279C.870 relative to prevailing wage rates and other requirements, and as provided in the administrative rules of the Oregon Bureau of Labor and Industries (“BOLI”), and in the State of Oregon General Conditions for Public Improvement Contracts (GenCon4PI.pdf )The applicable BOLI prevailing wage rates are those in effect at the time the Phase 2 Construction portion of the EPC commences. The prevailing wage rates for Public Improvement/ Works Contracts in Oregon can be found here: prevailing wage rates for Public Works Contracts in Oregon. In accordance with BOLI’s administrative rules, Contracting Agencies will pay to BOLI the fee required by ORS 279C.825.

The Agency will evaluate each ESCOs SOQ regarding specific experience, financial condition, and ESCO’s general approach to performance contracting. ESCO should thoroughly read the RFQ; it contains important information concerning the preparation and submittal of SOQs, an explanation of how SOQs will be evaluated, and information about the Energy Service Company (ESCO) Prequalification Agreements that may be awarded as a result of the RFQ. It is the ESCOs responsibility to submit all requested documents prior to the SOQ Opening date as late submittals of any missing documents will not be allowed.

All experience used to qualify for this RFQ must have taken place within the last six (6) years.

SECTION 4. EVALUATION PROCESS.

4.1 RESPONSIVENESS DETERMINATION.

SOQ’s received prior to the SOQ Opening Date/Time will be reviewed for responsiveness to all RFQ requirements including compliance with the following: RFQ Sections 3.2, Minimum Submission Requirements, 3.4 Minimum ESCO and Personnel Qualifications. ESCO must be available during the evaluation period to respond to requests for additional clarification. SPC may request clarification from an ESCO in cases where their submitted SOQ is unclear. However, clarifications may not be used to rehabilitate a non-responsive SOQ. SOQ’s that are found to be non-responsive will be rejected; however, Agency may waive mistakes. Failure to provide clarification may result in rejection.

http://www.oregon.gov/ccb/Pages/index.aspx http://sos.oregon.gov/business/pages/default.aspx http://sos.oregon.gov/business/pages/default.aspx https://www.oregonlaws.org/ors/chapter/279C http://www.oregon.gov/BOLI/Pages/index.aspx http://www.oregon.gov/BOLI/Pages/index.aspx https://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf http://www.oregon.gov/BOLI/WHD/PWR/Pages/pwr_state.aspx http://www.oregon.gov/BOLI/WHD/PWR/Pages/pwr_state.aspx https://www.oregonlaws.org/ors/279C.825 https://www.oregonlaws.org/ors/279C.825

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 15 of 19

4.2 SCORED EVALUATION CRITERIA.

By submitting an SOQ to this RFQ, ESCO agrees to meet all requirements of this RFQ. SOQs meeting the requirements outlined within this RFQ will be evaluated by an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of ESCO’s SOQ. A response to a clarification request must be to clarify or explain portions of the already submitted SOQ and may not contain new information not included in the original SOQ. The ESCO response must also be submitted within three business days of request from SPC.

Any attempt by an ESCO to improperly influence the evaluation process will result in rejection.

The evaluation procedure will consist of a determination of pass/fail in each of the following areas:

Administrative criteria (PASS/FAIL) A. Submittal was received prior to the SOQ Opening Date and time (RFQ Section 2.2) B. Submittal contains the correct quantity of copies, in the format requested (RFQ Sections 3.2 &

3.3) C. Submittal includes Attachment C — Energy Service Company Information And Certification

Sheet that is signed by ESCO duly authorized representative.

Submittal includes all Attachments as required within RFQ Section 3.2.1 SOQ Submittal Requirements.

Financial criteria (PASS/FAIL) - Attachment H – Firm Profile A. Your firm is established and financially stable.

i. Current Ratio is at least 1.75 or Acid ratio is equivalent to 1:1

ii. Debt to Equity Ratio is no more than 2.00

iii. Submittal includes audited annual financial statements for each of the last 3 years

Submittals that meet the administrative and financial requirements listed above will be moved forward for a technical review, during which the evaluation team will consider pass/fail criteria, as well as allocate points as shown below.

Technical criteria (Points Allocated) Attachment H - Firm Profile (10% of the total available points) A. ESCO Firm Profile accurately portrays your firm’s composition and status, and accounts for and explains any sales, mergers or changes in company ownership or company name, rather than blending information from various companies for a consolidated response.

B. Emphasis on extensive experience or success with EPCs, including completion of M&V and achieving energy savings or performance guarantees, is recommended.

Attachment I

A. Personnel (Section 1a and Attachment P - Bio’s, resumes and an organization chart of proposed Key Personnel). (20% of the total available points)

i. Meet minimum requirements (in Technical Submittal - Attachment I) and have combination of education and experience that indicate the potential for success with EPC projects, as determined by Agency.

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 16 of 19

ii. The Key Personnel for the division or branch office of your firm that will be responsible for Oregon EPC projects, has proven success in the management of EPC projects.

B. Project history (Section 1b)(20% of the total available points)

i. Describes all of the EPCs managed by your firm in the last 3 years. The history includes all of the required information (outlined in Technical Submittal - Attachment I) related to the projects.

ii. Your firm has a demonstrated history of accurately identifying and implementing projects that result in measured savings that achieve projected savings.

iii. Project References: ESCO and ESCO’s Key Personnel references are favorable and help to substantiate the ability to be successful as an ESCO.

C. Performance Contracting Approach – (Attachment I Section 2 and ESCO Attachments L, M, N, O, J and K as described in Section 3.2.1) (50% of the total available points)

i. Project approach is reasonable, all-inclusive and would benefit Contracting Agencies.

Includes sample project schedule and project flow chart.

ii. Describes approach to technical design and development of TEAs and PDPs.

Includes one (1) work sample of a TEA and PDP from the same project.

iii. Describes methodologies and calculations for baselines, energy savings, and cost savings.

iv. Includes description of training program and development of O&M plans.

v. Describes M&V methodology and includes three (3) work samples of M&V reports from distinct projects.

vi. Pricing, billing, and warranty methodology is fair, reasonable, transparent, and sound.

vii. Work Samples Criteria (worth majority of the total points in this section):

• Represent professional, accurate and reasonable products that include a thorough Facility investigation and description; sound engineering judgment.

• Include detailed energy calculations (and full documentation of those efforts) and the use of standard engineering principles.

• Work samples should demonstrate projects for which measured savings (versus stipulated savings) were actually achieved.

• Additional points may be given for work samples where proposed Key Personnel have performed work or managed the project.

ESCOs that are not deemed qualified under this solicitation may re-apply under future opportunities.

4.3 EVALUATION COMMITTEE AND SCORING.

Evaluations will be conducted by an Evaluation Committee appointed by Agency. The Evaluation Committee will consist of no less than three (3) scoring evaluators. The total number of evaluators will be determined by Agency at its sole discretion. Agency may consult with non-scoring technical advisers in addition to the individuals designated as part of the Evaluation Committee.

Evaluation Committee members will independently score the SOQ’s and allocate points for each SOQ.

All, part, or none of the maximum points for each section may be awarded. The sum of all scores awarded to each ESCO will be divided by the total number of scoring Evaluation Committee members to compute an average score for each ESCO. To become a qualified ESCO the Energy Service Company

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 17 of 19 must pass ALL pass/fail criteria and receive a minimum average score of 75 percent of available points.

SECTION 5: AWARD AND NEGOTIATION.

5.1 AWARD.

Upon completion of Agency’s evaluation, Agency will notify an ESCO as to whether its SOQ was successful and will invite successful ESCOs to enter into an Energy Service Company (ESCO) Prequalification Agreement for EPC project services (RFQ Attachment A, Sample Agreement).

Agency will list the successful ESCOs, with fully executed Energy Service Company (ESCO) Prequalification Agreements, as prequalified ESCOs on the Agency’s website at: State of Oregon:

Energy in Oregon - Qualified ESCOs. Once prequalified, the ESCO is then eligible to submit a bid or proposal to work with Contracting Agencies for EPC project services.

5.2 ENERGY SERVICE COMPANY (ESCO) PREQUALIFICATION AGREEMENT.

By submitting a SOQ, ESCO agrees to comply with the requirements of the RFQ, including the terms and conditions of Attachment A, Sample Agreement to this RFQ.

The State intends to enter into an Energy Service Company (ESCO) Prequalification Agreement with the successful ESCO substantially in the form set forth in Attachment A, Sample Agreement to this RFQ.

ESCO is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Any SOQ that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected.

In the event that the parties have not reached mutually agreeable terms within 60 calendar days, Agency may terminate negotiations.

Following prequalification, Agency is not responsible for or involved in the follow-on procurement and contracting processes of authorized state agencies for ESCO services.

SECTION 6. REQUIRED COMPLIANCE DOCUMENTATION.

6.1 TAXPAYER IDENTIFICATION NUMBER AND W-9.

Successfully qualified ESCOs shall provide their Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by Agency (normally in an award notice), or

• When the backup withholding status or any other information of ESCO has changed since the last submitted W-9 form, if any.

6.2 BUSINESS REGISTRY.

Successfully qualified ESCOs shall submit a current Oregon Secretary of State business registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://sos.oregon.gov/business/Pages/register.aspx.

https://www.oregon.gov/energy/energy-oregon/Pages/Qualified-ESCOs.aspx https://www.oregon.gov/energy/energy-oregon/Pages/Qualified-ESCOs.aspx http://sos.oregon.gov/business/Pages/register.aspx

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 18 of 19

SECTION 7: ADDITIONAL INFORMATION.

7.1 GOVERNING LAWS AND REGULATIONS.

This RFQ is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFQ, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS.

All SOQ’s submitted in response to this RFQ become the Property of Agency. By submitting a SOQ in response to this RFQ, ESCO grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the SOQ solely for the purpose of evaluating the SOQ, negotiating an Agreement, if awarded to ESCO, or as otherwise needed to administer the RFQ process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). SOQ’s, including supporting materials, will not be returned to ESCO unless the SOQ is submitted late.

7.3 CANCELLATION OF RFQ; REJECTION OF SOQ; NO DAMAGES.

Pursuant to OAR 137-048-0250, Agency may reject any or all SOQ’s in-whole or in-part or may cancel this RFQ at any time if Agency believes it is in the public interest to do so. Neither the State nor Agency is liable to any ESCO for any loss or expense caused by or resulting from the delay, suspension, or cancellation or rejection of this RFQ.

7.4 COST OF SUBMITTING A SOQ.

Interested ESCOs responding to this RFQ do so solely at their expense, and Agency is not responsible for any expenses associated with the RFQ. ESCOs shall pay all the costs in submitting its SOQ, including, but not limited to, the costs to prepare and submit the SOQ, costs of samples and other supporting materials, or costs to participate in demonstrations.

7.5 CHECKLIST DISCLAIMER.

Any checklists that may be contained in this RFQ are provided only as a courtesy to prospective ESCOs.

Agency makes no representation as to the completeness or accuracy of any Checklist. ESCO is solely responsible for reviewing and understanding the RFQ and complying with all the requirements of this RFQ, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by an ESCO based upon, resulting from, or related to, ESCO’S failure to comprehend all requirements of this RFQ.

The remainder of this page left blank intentionally.

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 19 of 19

LIST OF ATTACHMENTS.

• Sample Agreement (Attachment A)

• Affidavit of Exemption From Disclosure (Attachment B)

• Energy Service Company Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Cost Offer Form (Attachment E) - NOT USED

• Certified Disadvantaged Business Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Firm Profile (Attachment H)

• Technical Submittal (Attachment I)

• Sample Energy Performance Contract (Attachment Q)

ESCO to create and provide the following attachments within their SOQ:

• Sample Invoice (Attachment J)

• Example of Project Cost Tracking and Billing Progress Accounting (Attachment K)

• Sample Project Schedule (Attachment L)

• One (1) example TEA (Attachment M)

• One (1) example PDP from the same EPC project (Attachment N)

• Three (3) example M&V Reports from separate EPC projects (Attachment O)

• Bio’s, resumes and an organization chart of proposed Key Personnel (Attachment P)

The remainder of this page left blank intentionally.