ATTACHMENT G - RESPONSIBILITY INQUIRY 26-189 ESCO EPID RFQ Final.docx

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Attached to
Agency RFQ #26-189 Energy Service Company (ESCO)
Solicitation number
S-33000-00018034
Issued by
Oregon

About this file

This is a Responsibility Inquiry form for Agency RFQ Number 26-189, an Energy Service Company (ESCO) solicitation issued by the State of Oregon through OregonBuys (Solicitation Number S-33000-00018034). The form is utilized by the agency to assess the financial capability, operational resources, and overall responsibility of prospective Energy Service Companies prior to contract award and execution. Proposers must demonstrate availability of appropriate financial, material, equipment, facility, and personnel resources necessary to meet all contractual obligations. The agency reserves the right to request additional documentation including profit-and-loss history, balance statements, cash flow information, assets-to-liabilities ratios, bonding capacity, credit information, facility capabilities, personnel qualifications, and records of previous contract performance. Failure to promptly provide requested information or demonstrate responsibility may result in a finding of non-responsibility and proposal rejection.

The Responsibility Inquiry requires proposers to disclose specific information regarding contract history, legal matters, and financial condition. Proposers must report the number of similar contracts completed within the last five years that remained within time and budget constraints without claims, as well as contracts that failed to meet these standards. The form requires disclosure of any criminal or civil charges, indictments, or convictions within the last three years involving public contracts, antitrust violations, or fraud-related offenses; any contract terminations for default or lawsuits involving creditors or disputes; outstanding or pending judgments; financial distress or financing difficulties; and any bankruptcy filings or insolvency actions within the last three years. Additionally, proposers must confirm possession of all required licenses, insurance, and registrations, and legal authorization to conduct business in Oregon. For proposers employing 50 or more full-time workers with a prospective contract price exceeding $500,000, submission of a current, unexpired Pay Equity Certificate from the Department of Administrative Services is required. An authorized representative must sign and certify the accuracy and completeness of all responses provided.

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ATTACHMENT G - AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034

ATTACHMENT G - RESPONSIBILITY INQUIRY

Agency will determine responsibility of an Energy Service Company prior to award and execution of a Agreement. In addition to this form, Agency may notify Proposer of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

Does Energy Service Company have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Energy Service Company to meet all contractual responsibilities?

YES |_| / NO |_|.

Within the last five years, how many contracts of a similar nature has Energy Service Company completed that, to the extent that the costs associated with and time available to perform the contract remained within Energy Service Company ′s control, Energy Service Company stayed within the time and budget allotted, and there were no contract claims by any party? Number: ____ How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

Within the last three years has Energy Service Company (incl. a partner or shareholder owning 10% or more of Energy Service Company’s) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:

obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract, violation of federal or state antitrust statutes relating to the submission of bids or Proposals, or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES |_| / NO |_|.

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

Response:

Within the last three years, has Energy Service Company had:

any contracts terminated for default by any government agency, or any lawsuits filed against it by creditors or involving contract disputes? YES |_| / NO |_|.

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

Does Energy Service Company have any outstanding or pending judgments against it? YES |_| / NO |_|.

Is Energy Service Company experiencing financial distress or having difficulty securing financing?

YES |_| / NO |_|.

Does Energy Service Company have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES |_| / NO |_| If "YES” on the first question or second question, or “NO” on the third question, please provide additional details.

Response:

Within the last three years, has Energy Service Company filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES |_| / NO |_|.

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

Does Energy Service Company have all required licenses, insurance and/or registrations, if any, and is Energy Service Company legally authorized to do business in the State of Oregon? YES |_| /NO |_|.

If "NO," please explain.

Response:

Pay Equity Certificate. This certificate is required if Energy Service Company employs 50 or more full-time workers and the prospective contract price is estimated to exceed $500,000. [This requirement does not apply to architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services contracts.] Does a current authorized representative of Energy Service Company possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services? YES |_| / NO |_| / N/A |_|. [If the certificate was provided with the Bid or SOQ submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” or “see SOQ” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.] Response:

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Energy Service Company certifies to the best of his or her knowledge and belief that the responses provided on this form are complete, accurate, and not misleading.

Energy Service Company Name:
RFQ

Project Name:

Authorized Signature Date Print Name Title

AGENCY RFQ NUMBER 26-189 ESCO EPID; OREGONBUYS SOLICITATION NUMBER S-33000-00018034 Page 1 of 3

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