ITB 26-138-G Deadfront Padmount Swtichgear.pdf

ITB 26-138-G Deadfront Padmounted Switchgear 1

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF GOODS

Deadfront Padmounted Switchgear

Bid No.: 26-138-G Closing Date: Tuesday, July 28, 2026 Time: 2:00 PM, PT

Description: Deadfront Padmounted Switchgear 15 KV

Purchasing Contact: Kristin Kokkeler (541) 685-7107 kristin.kokkeler@eweb.org

Pre-bid Conference: NO

This is a COMPETITIVE SEALED PROCUREMENT. ELECTRONIC PROPOSALS SUBMITTED VIA THE OREGONBUYS BID SITE ARE REQUIRED. Emailed submittals will not be accepted.

To ensure your submission is received prior to the closing date and time, it is recommended that you begin the submittal process on the OregonBuys website at least 72-hours prior to the closing date and time listed above.

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted electronically on the OregonBuys website, or if in person, via a Commercial Carrier such as UPS or FedEx, or in person by appointment with the Purchasing Contact.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Contact listed above. EWEB’s official response to any questions or requests will be in writing through the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Bidders”.

ITB 26-138-G Deadfront Padmounted Switchgear 2

TABLE OF CONTENTS

Section Description

Legal Advertisement

1 Instructions to Bidders

2 Sustainability

3 Technical Requirements / Scope of Work

Bid Form

Exhibits

Sample Contract EWEB Specification ES5-5.1100 Rev. 1

ITB 26-138-G Deadfront Padmounted Switchgear 3

LEGAL ADVERTISEMENT

ITB #26-138-G

Deadfront Padmounted Switchgear

The Eugene Water & Electric Board (EWEB) requests bids from companies interested in providing Deadfront Padmounted Switchgear 15 KV..

Bids shall be uploaded to the OregonBuys website before, 2:00 PM PT, Tuesday, July 28, 2026. Bids will not be accepted after this hour and date.

ITB documents may be downloaded from the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/ (On OregonBuys home page, search for bid # 26-138-G. For navigation help, please call 1-855-800-5046.)

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

No bid 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 Invitation to Bid or reject any or all bids pursuant to EWEB Rule 3-0640.

Date: July 7, 2026

Kristin Kokkeler Purchasing Contact https://oregonbuys.gov/bso/

ITB 26-138-G Deadfront Padmounted Switchgear 4

1. INSTRUCTIONS TO BIDDERS

All bids and contracts are subject to the provisions and requirements of the Oregon Revised Statutes ORS 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 BIDDER TO CHECK THE WEBSITE ON A TIMELY BASIS.

BID PREPARATION

1.1 BID FORMAT

Bids shall be typewritten or prepared in ink and shall be submitted on the form provided in the Invitation to Bid. No oral, telegraphic, telephone or faxed bids shall be accepted.

1.2 CONFORMANCE TO BID REQUIREMENTS

Bids shall conform to the requirements of the Invitation to Bid. All necessary attachments (recycled products certification, non-collusion certification, descriptive literature, etc.) shall be submitted with the bid and in the required format. Bid prices shall be for the unit indicated on the bid. Failure to comply with all requirements may result in bid rejection.

1.3 PRODUCT IDENTIFICATION

Bidders shall clearly identify all products bid. Brand name and model or number shall be shown. EWEB reserves the right to reject any bid when the product information submitted with the bid is incomplete.

1.4 USE OF BRAND OR TRADE NAMES

Any brand or trade names used by EWEB in bid specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition. Bidders may submit bids for substantially equivalent products to those designated unless the Invitation to Bid provides that a specific brand is necessary because of compatibility requirements, etc. All such brand substitutions shall be at the sole discretion of EWEB.

1.5 ALTERNATE BRAND OR RESERVED

Bids will be accepted for any brand offered if the product meets or exceeds the quality or performance levels of the brand specified. Bidders offering alternate brands are requested to include the following information with their bids:

1. A signed statement explaining the difference between the specified brand and/or model and the product offered; and

2. Two sets of detailed specifications to determine whether the product offered meets bid specifications

1.6 PROTEST OF SPECIFICATIONS /REQUIREMENTS

A Bidder 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 kristin.kokkeler@eweb.org. Insert the following in the subject header:

ITB SPECIFICATION PROTEST, ITB #26-138-G

To be considered, protests shall be received no less than 5 business days before close (EW-3-0700(2)).

Protest of specifications shall include the reason for protest, any and all evidence and documented mailto:kristin.kokkeler@eweb.org

ITB 26-138-G Deadfront Padmounted Switchgear 5 factual information that supports Bidder’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 Bidders. Bidders must exhaust all administrative remedies before seeking judicial review.

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

Bidders 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). (Bidders may show proposed changes by using Word Track Changes tool OR providing proposed revisions in cover letter.) Bidders may not protest or 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.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Bidder, 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 BID 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.

1.8 SIGNATURE ON BID

Bids shall be signed by an authorized representative of the Bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a bid also certifies that the Bidder has read, fully understands and agrees with all bid specifications, terms and conditions. No consideration will be given to any claim resulting from bidding without fully comprehending all requirements of the Invitation to Bid.

Bidders shall only enter information within the bid document where it is requested or required. Bidders shall NOT make any alterations to the original solicitation document. Any bid that has been altered may be rejected.

1.9 CANCELLATION, REJECTION, DELAY OF SOLICITATION

Pursuant to EWEB Rule 3-0640, EWEB may cancel, reject in whole or in any part any bids, at any time after issuing the ITB, without liability incurred by EWEB, if EWEB believes it is in EWEB’s best interest to do so.

1.10 RESERVED

BID SUBMISSION

1.11 BID 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 bid on the OregonBuys website, Bidder must be registered with OregonBuys and able to submit an electronic bid. 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 Bidder is submitting their proposal electronically, Bidder should follow the procedures outlined in any of the following:

https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf mailto:support.oregonbuys@das.oregon.gov

ITB 26-138-G Deadfront Padmounted Switchgear 6 https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation% 20Response.pdf for electronic submission.

A video presentation on submitting an electronic proposal may be found at: Supplier - Submitting a Quote - Overview (periscopeholdings.com)

Terminology specific to the OregonBuys system may be found at:

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

Bids 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 BID PACKAGE

Complete, sign, and return the following documents as bid response. Failing to include these documents could lead to rejection of bid.

• Cover Letter

• Bid Form (Section 4)

• All Posted Addenda Acknowledged

(C) RESPONSIVENESS / RESPONSIBILITY

A “Responsive” bid is a bid that substantially complies with the Invitation to Bid instructions and requirements.

A “Responsible” Bidder 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).

1.12 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 bidding documents will be made in the form of Addenda. The Bidder is responsible for ensuring that all Addenda have been downloaded and are acknowledged in their bid response. Bidder may sign each issued Addendum and include with response or acknowledge in the space provided on the Bid Form.

All Addenda can be obtained electronically at the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/. As a courtesy, EWEB may send Addenda to registered Bidders by e-mail.

1.13 BID MODIFICATION

If a Bidder wishes to make modifications to a submitted Bid, Proposer must do so through OregonBuys prior to the Bid Due Date and Time stated on the Cover Page for this ITB. For help, please call OregonBuys at 1-855-800-5046.

1.14 BID WITHDRAWALS:

If a Bidder wishes to withdraw a submitted Bid, Bidder must do so through OregonBuys, using the “Withdraw Quote” button prior to the Bid Due Date and Time stated on the Cover Page for this ITB.

For help, please call OregonBuys at 1-855-800-5046.

1.15 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.6

PROTEST OF SPECIFICATIONS / REQUIREMENTS. Exceptions submitted with your bid, or in any manner other than the process provided herein, may cause your bid to be ruled non-responsive and rejected.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

ITB 26-138-G Deadfront Padmounted Switchgear 7

1.16 ALTERNATE BIDS

Bidders may submit more than one offer. All offers must comply with the requirements of the ITB except that additional offers may incorporate, by reference, repetitive information which is provided in the complete offer.

1.17 BID OPENING/REQUEST FOR CLARIFICATIONS:

Bids received in response to this Invitation to Bid shall be opened at the scheduled closing date and time by EWEB Purchasing department. Bidders shall be informed only of the names of Bidders submitting bids and the total bid price. No other information shall be available at that time. Award decisions will NOT be made at the opening. Bidders wishing to view the Bid Opening may do so remotely and shall contact the Buyer at least 24 hours ahead of the bid opening to receive an MS Teams link.

After bid opening, EWEB may conduct discussions with apparent responsive Bidders for the purpose of clarification to assure full understanding of the bid. All bids needing clarification, in EWEB’s sole discretion, shall be accorded such an opportunity. EWEB shall document clarification of any Bidder’s bid.

EWEB reserves the right to waive any or all informalities and irregularities per EWEB Rule 3-0470.

1.18 METHOD OF BIDDING

Bidders shall bid in the space(s) provided all information required on the Bid Form. Failure to do so may result in bid rejection.

The price of each item shall be clearly shown in the space provided. The price of each item shall be extended to show the total when required. In case of errors in extension, the unit price shall prevail.

1.19 PROPRIETARY DATA/PUBLIC RECORD

This Invitation to Bid, 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 bid 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 bid 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.

BID EVALUATION & AWARD

1.20 METHOD OF AWARD

Award shall be made to the lowest responsive and responsible Bidder for the total of the items selected for award. Award shall be made to one Bidder and one Bidder only. EWEB reserves the right to withdraw any item(s) from award consideration if it is in the best interest of EWEB to do so.

EWEB reserves the right to make the award by item, groups of items, or entire bid, whichever is in the best interest of EWEB.

1.21 RECIPROCAL PREFERENCE

In determining the “lowest responsible Bidder,” EWEB adds a percentage increase to each out-of-state

Bidder’s bid price that is equal to the percentage given to local Bidders in that Bidder’s home state. For

ITB 26-138-G Deadfront Padmounted Switchgear 8 example, if the “lowest responsible Bidder” is from a state that grants a 10 percent preference to local Bidders, EWEB will add 10 percent to that Bidder’s price when evaluating the bid.

1.22 MINIMUM REQUIREMENTS: Evaluation of bids will be based on minimum requirements established by the

Technical Specifications / Statement of Work, if any, and compliance with the terms and conditions of the Invitation to Bid.

1.23 INVESTIGATION OF REFERENCES

EWEB reserves the right to request and investigate the references and the past performance of any Bidder with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. EWEB may postpone the award or execution of the Contract after the announcement of the apparent successful Bidder in order to complete its investigation. EWEB reserves the right to reject any bid response or to reject all bid responses at any time prior to EWEB’s execution of Contract, upon good cause and upon EWEB finding that it is in the public interest.

1.24 PRIOR ACCEPTANCE OF DEFECTIVE BIDS

Due to limited resources, EWEB generally will not completely review or analyze any bid response which on its face fails to comply with the requirements of the bid documents or which clearly is not the best bid, nor will EWEB generally investigate the references or qualifications of those who submit such bid responses. Therefore, neither the release of a Bidder’s bid bond, the return of a bid response, nor acknowledgment that the selection is complete shall operate as a representation by EWEB that a response was complete, sufficient, or lawful in any respect.

1.25 TIME FOR ACCEPTANCE

Bids shall be valid and binding offers for a period of thirty (30) days from the closing date (unless otherwise specified in the solicitation document) and may not be modified or withdrawn after the closing date and time.

1.26 BID RESULTS

To obtain bid results, notes may be taken at the public reading of the bid or a personal inspection may be made of the bid files at a later date, BY APPOINTMENT. Bid tabulations may be obtained electronically at the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/. (Search for bid # 26-138-G).

EWEB may, as a courtesy, provide the notification of Intent to Award to all participating Bidders.

1.27 PROTEST OF AWARD (EWEB Rule 3-0740)

A Bidder may protest the award or intent to award a contract if: The Bidder is adversely affected because the Bidder would be eligible to be awarded the Contract in the event that the protest were successful;

and the reason for the protest is that all lower bids are nonresponsive; or EWEB has failed to conduct the evaluation of bids in accordance with the criteria or processes described in the solicitation document; or EWEB has abused its discretion in rejecting the protestor's bid as nonresponsive; or EWEB's evaluation of bids or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

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

a) Protests must be received within seven (7) days after issuance of the Notice of Intent to Award the Contract. 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

ITB 26-138-G Deadfront Padmounted Switchgear 9 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 or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email address or postal address provided in the bid or bid. 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 by the party must be submitted in writing 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 or mail, in accordance with the email address/postal address provided in the bid, the protesting party a written response within three (3) business days of receipt of written appeal.

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 a written 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 or ITB 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 Bidder must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Contractor selection or Contract Award decision.

1.28 RESERVED

1.29 COMMENCEMENT OF WORK

Contractor shall commence no work under the Contract, if awarded, until all certificates of insurance, as required in the Sample Contract (Exhibit #1), have been provided and a Notice to Proceed or a purchase order has been issued by EWEB.

1.30 SCHEDULE OF EVENTS

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

Invitation to Bid Issued 7/7/26

Last Date for EWEB to Receive Protests of Requirements/Specifications/Terms 7/15/26

Last day for EWEB to receive questions from Bidders 7/17/26

Last day EWEB will post Addenda 7/21/26

Closing Date (last day to submit bids to EWEB) 7/28/26

Responses Evaluated 7/28/26-7/31/26

ITB 26-138-G Deadfront Padmounted Switchgear 10

Intent to Award Announcement 8/3/26

Board Approval 9/1/26

Contract Award TBD

ITB 26-138-G Deadfront Padmounted Switchgear 11

2. SUSTAINABILITY

EWEB is interested in products and services that have a reduced impact on human health and the environment, make the most efficient use of natural resources, and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related EWEB policy and plans, please contact EWEB’s Purchasing Office at 541-685-7500. The awarded offeror will be expected to support EWEB’s goals by implementing the following strategies where applicable.

2.1 WASTE REDUCTION

Pursuant to EWEB’s Zero Waste efforts, EWEB aims to prevent waste where possible. In order to increase efficient use of resources, the awarded offeror shall adhere to the following items as applicable.

2.1.1 Packaging for goods that is unnecessary beyond packaging compliance or practical safe shipping methods shall be reduced. Offeror to ship goods using one or more of the following methods:

a. Ship products in reusable, refillable, or returnable containers. For example, reusable trays or totes, which can be stored and returned;

b. Minimal packaging material used inside containers. This includes eliminating or reducing the amount of non-recyclable bubble wrap, foam pellets or other like material;

c. Eliminate non-essential parts of packaging, such as individual wrapping of components;

d. Use packaging made with recycled content, biodegradable, and/or non-toxic materials.

e. No point of purchase material or promotional literature.

2.1.2 The awarded offeror is to duplex all paper materials that are prepared for EWEB under the

Contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced.

2.2 FUEL REDUCTION

2.2.1 EWEB expects suppliers to review the manufacturing process for increased efficiency overtime.

Shipping should be routed efficiently with efforts made to ship in the shortest and most efficient route. EWEB prefers to receive shipments in full rather than receiving multiple shipments.

2.2.2 In the interest of reducing air and noise pollution, greenhouse gas emissions and promoting energy conservation, all gasoline and diesel powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination, and must not cause or allow an engine to idle at any location for more than 20 seconds. This idling policy applies except in the following situations:

a. The health and safety of employees, subcontractors or public is compromised by turning off the vehicle.

b. The engine is required to power auxiliary equipment (e.g. hoist, lift platforms, hydraulic tools, inverters, compactors, medical equipment, specialized public safety radio communication and computer systems, etc.)

c. Vehicle/equipment manufacturer requires additional idle time for warm up or cool down for efficient and proper mechanical or functional operation of the unit.

2.3 ENVIRONMENTALLY PREFERRED PRODUCTS

To promote and encourage environmentally sustainable practices for companies doing business with EWEB, EWEB requests vendors under EWEB contract use environmentally preferable products in production of EWEB work products.

ITB 26-138-G Deadfront Padmounted Switchgear 12

2.3.1 The awarded offeror should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement. Environmentally preferable products and services have characteristics that include but are not limited to the following:

• Energy efficient

• Non-toxic, non-bio accumulative

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

• Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or

• Are certified by an independent accredited third party program such as Eco Logo or ENERGY

STAR.

2.3.2 EWEB desires the use of post-consumer recycled content, chlorine-free paper to encourage environmentally preferable practices for EWEB business wherever practical in the fulfillment of the Scope of Work.

2.4 SOCIAL EQUITY

2.4.1 EWEB supports the use of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF) at both a prime and subcontracting and/or supply chain level. EWEB encourages the awarded offeror to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses as applicable:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Oregon State Office of Minority, Women and Emerging Small Business (OMWESB) by visiting their website at: http://www4.cbs.state.or.us/ex/dir/omwesb/

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website at http://dasapp.oregon.gov/qrf/index.aspx to search for Qualified Rehabilitation Facilities from whom to procure products or services.

2.4.2 EWEB supports the use of safe products to protect the lives of the Contractor, subcontractors, and EWEB employees. Suppliers of products must meet local fire, EPA, and OSHA requirements.

http://www4.cbs.state.or.us/ex/dir/omwesb/ http://dasapp.oregon.gov/qrf/index.aspx

ITB 26-138-G Deadfront Padmounted Switchgear 13

3. TECHNICAL SPECIFICATIONS / SCOPE OF WORK

3.1 BACKGROUND / OBJECTIVES

The Eugene Water & Electric Board (EWEB) requires 15kV deadfront padmounted switchgears for use in EWEB’s electrical distribution system. The Contractor shall provide all switchgears in strict accordance with the contract specifications. All switchgears shall be new, unused, current production model. No prototype components shall be used. Each switchgears shall include all inspection coupons and warranty identifications cards furnished to general trade.

3.2 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start from the date of award, and will last approximately five (5) years.

3.3 TECHNICAL SPECIFICATIONS (OR) SCOPE OF WORK

All switchgears furnished under the resulting contract shall comply with the applicable attached material specifications:

Exhibit 2: Deadfront Padmounted Switchgear ES5-5.1100 Rev 1

492-00001800: SWITCH PADMOUNT DEADFRONT 9 TWO 3 POLE 600 AMP DISCONNECTS 14.4-17KV

TWO 200 AMP 3 POLE FUSE POSITIONS S&C SM-20 FUSE HOLDERS 600 AMP BUSHING WITH

REMOVABLE STUDS. EWEB SPECIFICATION ES5-5.1100 REV 1

492-00001802: SWITCH PADMOUNT DEADFRONT 11 THREE-3 POLE 600 AMP DISCONNECTS 14.4-17KV

ONE 200 AMP 3 POLE FUSE POSITION S&C SM-20 FUSE HOLDERS 600 AMP BUSHINGS WITH

REMOVABLE STUDS. EWEB SPECIFICATION ES5-5.1100 REV 1

492-00001803: SWITCH PADMOUNT DEADFRONT 5 ONE 3-POLE 600 AMP DISCONNECT ONE 3-POLE

200 AMP FUSE POSITION 14.4-17KV. EWEB SPECIFICATION ES5-5.1100 REV 1

All goods furnished under the resulting Contract shall comply with the applicable attached material specification shown in Exhibit #2 below.

Contractor is responsible for constructing and providing all goods in accordance with the specifications.

Any deviations from the specifications provided in this Contract shall be requested by Contractor in writing and agreed to by EWEB in the form of an Amendment to this Contract. Any errors, confusion, or alterations in Contractor’s drawings that differ from the material specifications of this Contract shall NOT be considered accepted by EWEB, whether-or-not EWEB signs-off on the drawing, unless an Amendment acknowledging and accepting the change has been executed by EWEB.

Contractor is responsible for any and all costs associated with correcting goods that are not built in compliance with the requirements of this Contract, including all freight charges incurred for the return and re-shipment of deficient goods.

3.4 SILENCE OF SPECIFICATIONS

If any omitted specification results in ambiguity as to material characteristics of the goods, and the inclusion of that specification is necessary to enable a reasonable person to properly identify such characteristics, the Bidder shall use the Protest of Specifications procedure found in Section 1.6 to request the needed specification or clarification. Contract acceptance of any apparent silent specification’s or supplemental specification’s detail, or the apparent omission of a detailed description concerning any point, is agreed by the parties to mean the best commercial practice and/or the highest quality materials and workmanship for the price bid.

3.5 ESTIMATES NOT BINDING

The bid form gives the estimated annual usage for each line item; however, any estimate of the number of goods required by EWEB are for bidding purposes only and are provided as a courtesy to our Bidders. EWEB makes no guarantee of the actual number of goods that will be purchased (that number

ITB 26-138-G Deadfront Padmounted Switchgear 14 may be more or less than those indicated). The Bidder shall not rely upon those numbers as a guarantee of the purchases from the resulting Contract.

3.6 ORDERING

Items will be ordered on an as-needed basis.

3.7 DELIVERY

Switchgear shall be delivered no later than 90 days after receipt of purchase order, unless otherwise negotiated and agreed to by EWEB. Failure to provide a delivery schedule may result in bid rejection.

Contractor shall be responsible for all transportation, handling, and delivery charges, including any resulting back orders.

EWEB’s Transformer Shop shall be notified a minimum of two working days (48 hours) before delivery day. The successful bidder will be given the name and phone number of the Transformer Shop contact person at the time of the award of the contract.

Delivery hours are 9 a.m. to 3:00 p.m. Monday through Thursday, except EWEB holidays.

3.8 EMERGENCY PURCHASES / EXPEDITED DELIVERY

In the case of an emergency where EWEB requires expedited delivery and receipt of goods, and when Contractor cannot meet EWEB’s expedited delivery requirements, EWEB reserves the right to purchase goods from other sources.

3.9 WARRANTIES

EWEB requires a minimum warranty period of eighteen (18) months after the date of acceptance unless Contractor routinely and normally offers an extended period beyond the eighteen months, which extended period shall apply to this product/equipment.

Unless otherwise stated, all equipment shall be free and clear of any liens or encumbrances and shall be new and the current model and shall carry full manufacturer warranties.

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

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

ITB 26-138-G Deadfront Padmounted Switchgear 15

4. BID FORM

Bids should be prepared and organized in a clear and concise manner and must include all information required by this ITB. Separate and clearly identify all sections and include a Table of Contents. Headers, titles and tabs should be used to identify required information.

RETURN THE FOLLOWING WITH YOUR BID RESPONSE, PER SECTION 1.11(B):

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

(Place a check in front of the item indicating inclusion in your response.)

COVER LETTER

BID FORM – Section 4

ALL POSTED ADDENDA ACKNOWLEDGED

ALL DOCUMENTS COMBINED INTO ONE PDF FILE

A. BID PRICE

The Undersigned hereby offers to furnish all switchgears as specified herein in strict accordance with the Bid Documents, and for the following amount(s). Prices include all costs related to shipping and handling:

ITEM

DESCRIPTION

EST.

Annual

QTY.

UNIT

UNIT

PRICE

TOTAL

PRICE

1. SWITCH PADMOUNT DEADFRONT 9:

EWEB Item 492-0001800

Mfg: ___________________________

Model: _________________________

Part Number: ____________________

5 EA $____________ $______________

2. SWITCH PADMOUNT DEADFRONT 11:

EWEB Item 492-0001802

Mfg: ___________________________

Model: _________________________

Part Number: ____________________

3 EA $____________ $______________

3. SWITCH PADMOUNT DEADFRONT 5:

EWEB Item 492-0001803

Mfg: ___________________________

Model: _________________________

Part Number: ____________________

1 EA $____________ $______________

TOTAL BID $______________

DELIVERY: _________ days ARO WARRANTY: _________ (Must be a minimum of 18 months)

ITB 26-138-G Deadfront Padmounted Switchgear 16

REFERENCES

Bidders are requested to provide three (3) current references that they have had continuous experience with over the last five years. References are to be for deadfront padmounted switchgears manufactured for utilities in the western United States. Bidders are to include the contact name, company name, description of Switchgear supplied, phone and email. Failure to submit references may result in bid rejection.

Reference 1:

Contact Name_________________________________ Company Name______________________________

Phone # & Email________________________________________________

Switchgears Supplied _______________________________________________________________________

Reference 2:

Contact Name_________________________________ Company Name______________________________

Phone # & Email________________________________________________

Switchgears Supplied_______________________________________________________________________

Reference 3:

Contact Name_________________________________ Company Name______________________________

Phone # & Email________________________________________________

Switchgears Supplied_______________________________________________________________________

B. PROPOSED TRANSPORT

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

_______ COMMERCIAL/COMMON CARRIER _______ COMPANY OWNED/RENTED/LEASED VEHICLE

If Bidder is using anything other than commercial/common carriers to deliver goods, an insurance certificate for Automobile Liability as listed in Section 14 of Exhibit #1 Sample Contract must be provided prior to the issuance of a Notice to Proceed.

C. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

Bidder acknowledges receipt of Addenda and agrees to be bound by their contents.

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

Check if not applicable or no Addenda were received: ____

D. 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: ______________________________

ITB 26-138-G Deadfront Padmounted Switchgear 17

Minority Owned, Woman Owned, Emerging Small Business, or Veteran Owned

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 subcontractors, 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. SUSTAINABILITY QUESTIONNAIRE

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 in length.

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?

G. BIDDER RESIDENCY

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

ITB 26-138-G Deadfront Padmounted Switchgear 18

(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):

H. 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 bid and to bind their organization in all phases of this solicitation 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 subcontractor in the awarding of a subcontract because the subcontractor 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. 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 bid, including price and amounts, independently and without communication or agreement with another Bidder, except as disclosed in a separately attached statement.

• Are not submitting the bid in the interest of or on behalf of any undisclosed person;

ITB 26-138-G Deadfront Padmounted Switchgear 19

• Have not directly or indirectly induced or solicited another Bidder, in order to benefit a third person, to submit a false or sham bid, to refrain from bidding or to change a bid.

• Have not directly or indirectly disclosed the Bidder's bid price, a breakdown of the price, the contents of the price or information or data related to the price to another Bidder.

• Have not sought through communication or agreement with a person to fix the bid price of the Bidder or another Bidder, to fix an overhead, profit or cost element of the bid price of the Bidder or another Bidder 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 bid.

I. SOLICITATION SIGNATURE

Contractor by signing this Bid Form represents and warrants that Contractor’s performance under an awarded 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 a Contract resulting from this ITB, if awarded.

BIDDER INFORMATION:

Bidder Company Name

Company Address (from which product will be shipped or work will be performed)

Telephone Number Federal Tax ID Number

Person Signing ITB________________________________________ Title_____________________________ Please print or type name

Signature _________________________________________________________________________________

Email Address _____________________________________________________________________________

Bidder’s ITB Representative (if different than above)

Name________________________________________ Title___________________________________ Please print or type name

Signature _________________________________________________________________________________

Phone __________________________ Email _________________________________________________

Contract for Goods

Deadfront Padmounted Switchgears 15kV

Contract No. 26-138-G

By and between

Eugene Water & Electric Board and

Contractor

26-138-G Deadfront Padmounted Switchgear 15kV 2

This Contract is entered into by and between the Eugene Water & Electric Board, hereinafter called EWEB, and ________________________________, hereafter called Contractor.

RECITALS

WHEREAS, EWEB has negotiated the following agreement (“Agreement” or “Contract”) in Eugene, Oregon, and Contractor has agreed to deliver its Goods in Eugene, Oregon;

NOW THEREFORE, in consideration of a sum agreed to by the Parties, the Contractor agrees to sell and deliver the Goods as described in this Contract, in accordance with all requirements, terms and conditions of this Contract, as set forth below:

DEFINITIONS

“Acceptance” - Goods furnished under this Contract shall be subject to inspection and testing by EWEB at delivery point, or as otherwise stated in the Contract. If EWEB determines that Goods conform in accordance with the Contract Specifications, then EWEB shall notify Contractor that “Acceptance” of the Goods has occurred.

“Contract” or “Contracts” means the Written agreement(s), resulting from the Solicitation Document that sets forth the rights and obligations of the parties.

“Contractor” means the Person with whom EWEB enters into a Contract.

“Goods” includes products that have associated or incidental service components, such as supplier warranty obligations or maintenance service programs. (See ORS 279B.115(1))

"Person" means a natural person capable of being legally bound, a sole proprietorship, a corporation, a partnership, a limited liability company or partnership, a limited partnership, a for-profit or nonprofit unincorporated association, a business trust, two or more persons having a joint or common economic interest, any other person with legal capacity to contract or a public body.

“Rule” means a Rule within the EWEB Public Contracting Rules.

“Services” under this Contract mean any action or work to be performed by the Contractor in the provision of the Goods required under the Contract.

“Specifications” under this Contract sets forth the required design and minimum level of quality of the Goods furnished by Contractor under this Contract.

"Work" means the furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract and successful completion of all duties and obligations imposed by the Contract.

“Working hours” means EWEB’s regular business hours, which currently are Monday through Friday, 9 a.m. to 5 p.m., excluding EWEB recognized holidays.

All other terms not expressly identified in the Contract shall have the meanings as set forth in EWEB Public Contracting Rules, Division 1 - Definitions.

26-138-G Deadfront Padmounted Switchgear 15kV 3

ARTICLES

HEADINGS: The section (“Section” or “Article”) headings…