RFP 2025-27 Weatherization Major Measures.pdf

REQUEST FOR PROPOSALS #2025-27

FOR

WEATHERIZATION MAJOR MEASURE AND SPECIALTY CONTRACTORS

BOARD OF COUNTY COMMISSIONERS

CRAIG ROBERTS, Chair PAUL SAVAS, Commissioner

MARTHA SCHRADER, Commissioner BEN WEST, Commissioner

Gary Schmidt

County Administrator

Ryan Rice

Contract Analyst

PROPOSAL CLOSING DATE, TIME AND LOCATION

DATE: April 3, 2025

TIME: 2:00 PM, Pacific Time

PLACE: https://bidlocker.us/a/clackamascounty/BidLocker https://bidlocker.us/a/clackamascounty/BidLocker

RFP 2025-27 Weatherization Page ii

SCHEDULE

Request for Proposals Issued……...........................March 12, 2025

Protest of Specifications Deadline...........................March 19, 2025, 5:00 PM, Pacific Time

Deadline to Submit Clarifying Questions...............April 27, 2025, 5:00 PM, Pacific Time

Request for Proposals Closing Date and Time…. April 3, 2025, 2:00 PM, Pacific Time

Deadline to Submit Protest of Award...................Seven (7) days from the Intent to Award

TABLE OF CONTENTS

Section 1 – Notice of Request for Proposals

Section 2 – Instructions to Proposers

Section 3 – Scope of Work

Section 4 – Evaluation and Selection Criteria

Section 5 – Proposal Content (Including Proposal Certification)

Section 6 – Sample Weatherization Contract

SECTION 1

NOTICE OF REQUEST FOR PROPOSALS

Notice is hereby given that Clackamas County through its Board of County Commissioners will receive sealed Proposals per specifications until 2:00 PM, April 3, 2025 (“Closing”), to provide weatherization and related specialty construction services to low-income residents. No Proposals will be received or considered after that time.

The term of the contract shall be from the effective date through June 30, 2025, with the option to extend the term for two (2) additional two (2) year renewals thereafter, subject to the mutual agreement of the parties.

Location of RFP documents: OregonBuys RFP Documents can be downloaded from the state of Oregon procurement website (“OregonBuys”) at the following address https://oregonbuys.gov/bso/view/login/login.xhtml, Document No. S-C01010- 00013133.

Prospective Proposers will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Proposers are responsible for obtaining any Addenda, clarifying questions, and Notices of Award from OregonBuys.

Submitting Proposals: Bid Locker Proposals will only be accepted electronically thru a secure online bid submission service, Bid Locker.

Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed proposal documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated in Section 1 or as modified by Addendum.

LATE PROPOSALS WILL NOT BE ACCEPTED.

C. Proposers must register and create a profile for their business with Bid Locker in order to submit for this project. It is free to register for Bid Locker.

D. Proposers with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects .

Contact Information Procurement Process and Technical Questions: Ryan Rice, rrice@clackamas.us

The Board of County Commissioners reserves the right to reject any and all Proposals not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any and all Proposals upon the finding that it is in the public interest to do so and to waive any and all informalities in the public interest. In the award of the contract, the Board of County Commissioners will consider the element of time, will accept the Proposal or Proposals which in their estimation will best serve the interests of Clackamas County and will reserve the right to award the contract to the contractor whose Proposal shall be best for the public good.

Clackamas County encourages proposals from Minority, Women, Veteran and Emerging Small Businesses.

https://oregonbuys.gov/bso/view/login/login.xhtml https://www.clackamas.us/how-to-bid-on-county-projects mailto:rrice@clackamas.us

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SECTION 2

INSTRUCTIONS TO PROPOSERS

Clackamas County (“County”) reserves the right to reject any and all Proposals received as a result of this RFP. County Local Contract Review Board Rules (“LCRB”) govern the procurement process for the County.

2.1 Modification or Withdrawal of Proposal: Any Proposal may be modified or withdrawn at any time prior to the Closing deadline, provided that a written request is received by the County Procurement Division Director, prior to the Closing. The withdrawal of a Proposal will not prejudice the right of a Proposer to submit a new Proposal.

2.2 Requests for Clarification and Requests for Change: Proposers may submit questions regarding the specifications of the RFP. Questions must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, at the Procurement Division address as listed in Section 1 of this RFP.

Requests for changes must include the reason for the change and any proposed changes to the requirements.

The purpose of this requirement is to permit County to correct, prior to the opening of Proposals, RFP terms or technical requirements that may be unlawful, improvident or which unjustifiably restrict competition.

County will consider all requested changes and, if appropriate, amend the RFP. No oral or written instructions or information concerning this RFP from County managers, employees or agents to prospective Proposers shall bind County unless included in an Addendum to the RFP.

2.3 Protests of the RFP/Specifications: Protests must be in accordance with LCRB C-047-0730.

Protests of Specifications must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, or within three (3) business days of issuance of any addendum, at the Procurement Division address listed in Section 1 of this RFP. Protests may not be faxed. Protests of the RFP specifications must include the reason for the protest and any proposed changes to the requirements.

2.4 Addenda: If any part of this RFP is changed, an addendum will be provided to Proposers that have provided an address to the Procurement Division for this procurement. It shall be Proposers responsibility to regularly check OregonBuys for any notices, published addenda, or response to clarifying questions.

2.5 Submission of Proposals: Proposals must be submitted in accordance with Section 5. All Proposals shall be legibly written in ink or typed and comply in all regards with the requirements of this RFP. Proposals that include orders or qualifications may be rejected as irregular. All Proposals must include a signature that affirms the Proposer’s intent to be bound by the Proposal (may be on cover letter, on the Proposal, or the Proposal Certification Form) shall be signed. If a Proposal is submitted by a firm or partnership, the name and address of the firm or partnership shall be shown, together with the names and addresses of the members. If the Proposal is submitted by a corporation, it shall be signed in the name of such corporation by an official who is authorized to bind the contractor. The Proposals will be considered by the County to be submitted in confidence and are not subject to public disclosure until the notice of intent to award has been issued.

No late Proposals will be accepted. Proposals submitted after the Closing will be considered late and will be returned unopened. Proposals may not be submitted by telephone or fax.

2.6 Post-Selection Review and Protest of Award: County will name the apparent successful Proposer in a Notice of Intent to Award published on OregonBuys. Identification of the apparent successful Proposer is procedural only and creates no right of the named Proposer to award of the contract. Competing Proposers shall be given seven (7) calendar days from the date on the Notice of Intent to Award to review the file at the Procurement Division office and file a written protest of award, pursuant to LCRB C-047-0740. Any award protest must be in writing and must be delivered by email, hand-delivery or mail to the address for the Procurement Division as listed in Section 1 of this RFP.

Only actual Proposers may protest if they believe they have been adversely affected because the Proposer would be eligible to be awarded the contract in the event the protest is successful. The basis of the written protest must be in accordance with ORS 279B.410 and shall specify the grounds upon which the protest is based. In order to be an adversely affected Proposer with a right to submit a written protest, a Proposer must be next in line for

RFP 2025-27 Weatherization Page 3 award, i.e. the protester must claim that all higher rated Proposers are ineligible for award because they are non-responsive or non-responsible.

County will consider any protests received and:

a. reject all protests and proceed with final evaluation of, and any allowed contract language negotiation with, the apparent successful Proposer and, pending the satisfactory outcome of this final evaluation and negotiation, enter into a contract with the named Proposer; OR

b. sustain a meritorious protest(s) and reject the apparent successful Proposer as nonresponsive, if such Proposer is unable to demonstrate that its Proposal complied with all material requirements of the solicitation and Oregon public procurement law; thereafter, County may name a new apparent successful Proposer; OR

c. reject all Proposals and cancel the procurement.

2.7 Acceptance of Contractual Requirements: Failure of the selected Proposer to execute a contract and deliver required insurance certificates within ten (10) calendar days after notification of an award may result in cancellation of the award. This time period may be extended at the option of County.

2.8 Public Records: Proposals are deemed confidential until the “Notice of Intent to Award” letter is issued.

This RFP and one copy of each original Proposal received in response to it, together with copies of all documents pertaining to the award of a contract, will be kept and made a part of a file or record which will be open to public inspection. If a Proposal contains any information that is considered a TRADE SECRET under ORS 192.345(2), SUCH INFORMATION MUST BE LISTED ON A SEPARATE SHEET CAPABLE OF SEPARATION

FROM THE REMAINING PROPOSAL AND MUST BE CLEARLY MARKED WITH THE

FOLLOWING LEGEND:

“This information 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 disclosure 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).

Therefore, non-disclosure of documents, or any portion of a document submitted as part of a Proposal, may depend upon official or judicial determinations made pursuant to the Public Records Law.

2.9 Investigation of References: County reserves the right to investigate all references in addition to those supplied references and investigate past performance of any Proposer with respect to its successful performance of similar services, its compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, its lawful payment of subcontractors and workers, and any other factor relevant to this RFP. County may postpone the award or the execution of the contract after the announcement of the apparent successful Proposer in order to complete its investigation.

2.10 RFP Proposal Preparation Costs and Other Costs: Proposer costs of developing the Proposal, cost of attendance at an interview (if requested by County), or any other costs are entirely the responsibility of the Proposer, and will not be reimbursed in any manner by County.

2.11 Clarification and Clarity: County reserves the right to seek clarification of each Proposal, or to make an award without further discussion of Proposals received. Therefore, it is important that each Proposal be submitted initially in the most complete, clear, and favorable manner possible.

2.12 Right to Reject Proposals: County reserves the right to reject any or all Proposals or to withdraw any item from the award, if such rejection or withdrawal would be in the public interest, as determined by County.

2.13 Cancellation: County reserves the right to cancel or postpone this RFP at any time or to award no contract.

2.14 Proposal Terms: All Proposals, including any price quotations, will be valid and firm through a period of one hundred and eighty (180) calendar days following the Closing date. County may require an

RFP 2025-27 Weatherization Page 4 extension of this firm offer period. Proposers will be required to agree to the longer time frame in order to be further considered in the procurement process.

2.15 Oral Presentations: At County’s sole option, Proposers may be required to give an oral presentation of their Proposals to County, a process which would provide an opportunity for the Proposer to clarify or elaborate on the Proposal but will in no material way change Proposer’s original Proposal. If the evaluating committee requests presentations, the Procurement Division will schedule the time and location for said presentation. Any costs of participating in such presentations will be borne solely by Proposer and will not be reimbursed by County. Note: Oral presentations are at the discretion of the evaluating committee and may not be conducted;

therefore, written Proposals should be complete.

2.16 Usage: It is the intention of County to utilize the services of the successful Proposer(s) to provide services as outlined in the below Scope of Work.

2.17 Review for Responsiveness: Upon receipt of all Proposals, the Procurement Division or designee will determine the responsiveness of all Proposals before submitting them to the evaluation committee. If a Proposal is incomplete or non-responsive in significant part or in whole, it will be rejected and will not be submitted to the evaluation committee. County reserves the right to determine if an inadvertent error is solely clerical or is a minor informality which may be waived, and then to determine if an error is grounds for disqualifying a Proposal. The Proposer’s contact person identified on the Proposal will be notified, identifying the reason(s) the Proposal is non-responsive. One copy of the Proposal will be archived and all others discarded.

2.18 RFP Incorporated into Contract: This RFP will become part of the Contract between County and the selected contractor(s). The contractor(s) will be bound to perform according to the terms of this RFP, their Proposal(s), and the terms of the Sample Contract.

2.19 Communication Blackout Period: Except as called for in this RFP, Proposers may not communicate with members of the Evaluation Committee or other County employees or representatives about the RFP during the procurement process until the apparent successful Proposer is selected, and all protests, if any, have been resolved. Communication in violation of this restriction may result in rejection of a Proposer.

2.20 Prohibition on Commissions and Subcontractors: County will contract directly with persons/entities capable of performing the requirements of this RFP. Contractors must be represented directly.

Participation by brokers or commissioned agents will not be allowed during the Proposal process. Contractor shall not use subcontractors to perform the Work unless specifically pre-authorized in writing to do so by the County. Contractor represents that any employees assigned to perform the Work, and any authorized subcontractors performing the Work, are fully qualified to perform the tasks assigned to them, and shall perform the Work in a competent and professional manner. Contractor shall not be permitted to add on any fee or charge for subcontractor Work. Contractor shall provide, if requested, any documents relating to subcontractor’s qualifications to perform required Work.

2.21 Ownership of Proposals: All Proposals in response to this RFP are the sole property of County, and subject to the provisions of ORS 192.410-192.505 (Public Records Act).

2.22 Clerical Errors in Awards: County reserves the right to correct inaccurate awards resulting from its clerical errors.

2.23 Rejection of Qualified Proposals: Proposals may be rejected in whole or in part if they attempt to limit or modify any of the terms, conditions, or specifications of the RFP or the Sample Contract.

2.24 Collusion: By responding, the Proposer states that the Proposal is not made in connection with any competing Proposer submitting a separate response to the RFP, and is in all aspects fair and without collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of County has a pecuniary interest in this Proposal.

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2.25 Evaluation Committee: Proposals will be evaluated by a committee consisting of representatives from County and potentially external representatives. County reserves the right to modify the Evaluation Committee make-up in its sole discretion.

2.26 Commencement of Work: The contractor shall commence no work until all insurance requirements have been met, the Protest of Awards deadline has been passed, any protest have been decided, a contract has been fully executed, and a Notice to Proceed has been issued by County.

2.27 Best and Final Offer: County may request best and final offers from those Proposers determined by County to be reasonably viable for contract award. However, County reserves the right to award a contract on the basis of initial Proposal received. Therefore, each Proposal should contain the Proposer’s best terms from a price and technical standpoint. Following evaluation of the best and final offers, County may select for final contract negotiations/execution the offers that are most advantageous to County, considering cost and the evaluation criteria in this RFP.

2.28 Nondiscrimination: The successful Proposer agrees that, in performing the work called for by this RFP and in securing and supplying materials, contractor will not discriminate against any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class protected by applicable law.

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SECTION 3

SCOPE OF WORK

3.1. INTRODUCTION

Clackamas County Health, Housing & Human Services (“H3S”), through its Housing & Community Development Division – Community Preservation Unit, seeks to improve the health, safety, and well-being of low-income residents through increased home energy efficiency and lower energy costs. To achieve this, H3S is establishing a ranked list of contractors that are qualified to install weatherization major measures and/or applicable specialty contractor services (electrical, plumbing, HVAC, etc.) for eligible low-income families/individuals who reside in single-family homes.

The mission of Weatherization Services is to provide energy education, dwelling assessment, and energy efficiency services to low-income county residents so they can experience decreased energy costs and increased comfort, health, and safety in their homes.

Clackamas County has been providing weatherization services to qualified residents for over 40 years. The program is intended to preserve, improve and maintain the habitability of homes and therefore the health and safety of residents, as well as lower their energy burden and costs. Approximately 100 low-income households are served each year.

Please direct all Technical/Specifications or Procurement Process Questions to the indicated representative referenced in the Notice of Request for Proposals and note the communication restriction outlined in Section 2.19.

3.2 SCOPE OF WORK ORDER

3.2.1. Program Goals and Expectations

• Weatherization Services program exists to serve low-income residents of Clackamas County with the goals of reducing household energy burden, maintaining safe and affordable housing, and strengthening community support systems for vulnerable populations; and

• All residents receiving services through this program will be treated with dignity and respect.

3.2.2. Weatherization Project Modeling, Master Grant agreement, and Savings to Investment Ratio

• All weatherization projects issued by the County are subject to rules and agreements between the County and the State of Oregon, as outlined in a Master Grant Agreement (“MGA”). This includes a listing of State and Federal funding guidelines and associated Health & Safety percentages; unit expenditure averages; and Savings to Investment Ratio (“SIR”) requirements.

• The County must follow these policies and procedures when determining which projects to move forward with and which weatherization measures and/or specialty work order may be completed within each project (electrical, plumbing, roofing, HVAC).

• The County conducts a residential energy audit for each potential project prior to determining a contractor and assigning a work order. The information collected from the audit will be used along with utility usage, cost information, and funding availability to determine the measures that may be selected for the potential project. Using the process described within the contract, the Contractor will be selected for the project based upon a comparison of best value, bonding levels, performance, and availability using "actual" cost information provided by the Contractors (price sheets).

• No weatherization project will be completed that will violate funding rules or the MGA guidelines.

3.2.3. Work Order Assignment and Assigned Work order

The County will develop work orders based upon energy audit results and Savings to Investment Ratios (SIR) and reserves the right to determine the number of items to be included in any individual work order.

RFP 2025-27 Weatherization Page 7

Only those Contractors who have submitted prices on all items in a specific work order will be considered for award of that work order.

Assuming that a Contractor is in good program standing and eligible to receive an award of work order, a project will be awarded to the first available Contractor, based on a comparison of the best value, work order cap/bonding limitation, and acceptance of the work order.

An Outstanding Vendor Job Report will be provided to each Contractor on a regular basis showing work order status. Contractors with jobs nearing or over the maximum of 45 calendar days for job completion may be put on restriction from receiving additional work orders issued by the County.

Actual work assigned, if any, will be awarded according to the following process:

1. County will perform a weatherization home energy audit for each dwelling prior to assigning a work order.

2. The information collected will be used, along with household utility usage and cost information to determine the cost-effective measures to be selected for the project.

3. County will determine which weatherization measures and applicable specialty services (electrical, plumbing, HVAC) are to be included on a project and will develop a work order.

4. Contractors eligible to receive an award of work will be selected based on best value and availability. Award of work is also subject to the work order cap, bonding limitation, and acceptance of the work.

5. Multiple Contractors may be selected to perform work on a project when deemed cost effective by the County.

6. In the event that a work order requires measures that are not included in existing pricing, or requires measures that vary from standard pricing specifications, the County may, at the County’s sole discretion, request project-specific pricing from eligible Contractors.

7. Contractors may receive work orders that do not require specialized certifications.

8. Work that requires specialized certification, licensing, and/or completion of approved and required training prior to performance of unique work will be assigned only to Contractors that are able to demonstrate that they meet and maintain current certifications, licenses, and training required for the performance of unique work. Contractors may be required to provide, prior to the start of County work activity, documentation attesting to their currency and certification level. This “unique work” includes, but is not limited to Pressure Balancing, CAZ testing (Combustion appliance zone and Worst-Case Draft Testing).

9. Cover inspections and final inspections are required and will be performed by County Quality Control Inspectors. Contractors must pass inspection before invoices for the work order are paid.

3.2.4 Work Cap

The County, at its sole discretion, may limit assigned work based on the bonding limitation of a Contractor.

Once a work order has been completed and invoiced, the Contractor will be eligible for additional work. A Contractor may refuse a work order for any reason, in which case it will be offered to the next best value and available Contractor until awarded.

3.2.5 Target Population

The target populations to be served by this RFP are low-income households, living within Clackamas County. All households served will be qualified for services via the County’s application process, referred for audit from an approved County waiting list, and an energy audit of their home will have been conducted by the County.

3.2.6 Geographic Borders / Limitation & Service Areas

Work may be assigned to awarded Contractors anywhere within the geographic borders of the County, regardless of where the awarded contractors’ offices or employees are physically located.

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3.2.7 Technical Training

Periodically, the County may make available training opportunities to Contractors and their crews at no cost to the Contractors (but not including labor costs). Such training may be a requirement for continues participation in the program and/or based on Contractor performance.

3.2.8 Funding

The budget for this program is approximately $2M annually, subject to change from one budget cycle to the next. Funding sources are Federal, state, and local dollars. This estimate is offered solely for information purposes and is not a guarantee of work. The funding amount described in this solicitation is not guaranteed.

3.3 GENERAL PROVISIONS

3.3.1 Weatherization Specifications

Services provided by the Contractor at the time a work order is issued shall conform to the current versions of the following specifications, which may change from time to time:

• Oregon Weatherization Assistance Program (OWAP) Site Build and Manufactured Home Field Guide and Standards, located at:

https://www.oregon.gov/ohcs/energy-weatherization/Documents/OR-WAP-Field-Guide-FINAL-04-2021-Reformatted-for-Distribution.pdf

• Oregon Weatherization Assistance Plan for U.S. Department of Energy, located at:

https://www.oregon.gov/ohcs/energy-weatherization/Documents/Final%20USDOE-State-Plan-for-OR-2024-25.pdf

All measures will be installed according to the expectations outlined in the documents referenced above as well as those of Clackamas County Weatherization (see Appendix 3 – Clackamas County Weatherization Measure Install Expectations). In the event that OWAP is updated during the time a work order is in effect, Contractor shall be required to comply with the new standards.

The apparent silence of the general provisions and specifications as to any detail or the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only best commercial practice is to prevail, and that only material and workmanship of first quality are to be used.

It is understood that if any manufacturer’s names, trade names, make, model, or catalog numbers are used in the specifications, they are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Equivalent substitution items will be considered at the time of issuance of a work order or during the performance of work.

Items shall be new, current models of standard production, unless otherwise called for in the specifications or noted in the solicitation as a deviation or alternative and shall be completely prepared for customer delivery and use through service by a factory franchised agent or dealer prior to delivery.

Item delivery shall include all pre-delivery inspection sheets, coupons, certificates, manuals, and warranty identification cards furnished to the trade in general, and all shall be properly completed and signed in agreement with industry standards.

All items of an electrical nature shall indicate the current UL listing, if any. In addition, any goods such as fire protection equipment, etc., or which there is a UL testing procedure, shall also include the UL listing, if any.

The Contractor certifies that it and all subcontractors will comply with:

i. All Federal statutes relating to nondiscrimination, including, but not limited to:

a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;

b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 et seq.), which prohibits discrimination on the basis of sex;

https://www.oregon.gov/ohcs/energy-weatherization/Documents/OR-WAP-Field-Guide-FINAL-04-2021-Reformatted-for-Distribution.pdf https://www.oregon.gov/ohcs/energy-weatherization/Documents/Final%20USDOE-State-Plan-for-OR-2024-25.pdf

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c. Age Discrimination Act of 1975, as amended ((29 U.S.C. §§6101 et seq.), which prohibits discrimination on the basis of age;

d. Rehabilitation Act of 1973, as amended (29 U.S.C. §§793 et seq.), which prohibits discrimination against and requires affirmative action for qualified individuals with disabilities;

e. Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;

f. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (42 U.S.C. §§4541 et seq.), as amended , relating to nondiscrimination on the basis of alcohol abuse or alcoholism;

g. §§523 and 527 of the Public Health Service Act of 1912 (4s U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

h. Title VII of the Civil Rights Act of 1969 (42 U.S.C. §§3601 et. seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; any other discrimination provisions in the specific statute(s) under which for Federal assistance is being made; and

i. The requirements of any other nondiscrimination statute(s) which may apply.

ii. The Byrd Anti-Lobbying Amendment (31 U.S.C. 1352 et seq.), and shall file the required certification if the award is $100,000 or more;

iii. The provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

Contractors must be registered with the Federal System for Award Management (https://usfcr.com/registrations/about-sam/) and may not be disbarred from contracts from either the Federal Government or the State of Oregon.

Contractors will be required to notify the County within one (1) business day if/when they become disqualified from performing work on projects and immediately stop all associated County work activity.

Contractors shall not perform work identified in this RFP if they are disqualified from performing work on projects.

3.3.2 Work Site Safety Requirements

Contractors must follow safety and health regulation for construction set by the Occupational Safety and Health Administration (OSHA), including Duty to Provide Fall Protection Systems for site built and manufactured homes. These regulations are outlined in OSHA Construction Industry Standards located in CFR 29 1926.501, located at: https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.501

3.3.3 Price Escalation / De-Escalation

Prices will remain the same throughout the contract period, except that the County may offer to adjust the prices to reflect increased or decreased labor or material costs as required. Contractors may submit documentation supporting substantial cost increases for labor or materials to the County for consideration.

If the County determines a material price adjustment is appropriate, all contracts will be amended to reflect the new price for future work orders. Contractors will not be able to otherwise reduce or increase vendor pricing on any item. Unit prices submitted by Contractors will not be allowed to be adjusted for the first (1st) year of the executed contract.

3.3.4 Hazardous Materials

All material that includes solvents, paint, cleaning agents, chemicals, reagents, or other hazardous materials shall be labeled in agreement with Oregon Administrative Rule (OAR) 437 Division 2 Subdivision Z et seq. with product identifier, a signal work, hazard statement, precautionary statements, supplier identification, and pictograms. Those materials for which toxicological or hazard data are unavailable shall carry a label stating: “Toxicological and other hazards unknown. Handle as extremely hazardous.”

https://usfcr.com/registrations/about-sam/ https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.501

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All container of materials subject to Oregon Administrative Rule (OAR) 437 Division 2 Subdivision Z et seq. Hazard Communication including, but not limited to: solvents, paints, cleaning agents, chemicals, reagents, or other hazardous materials shall be labeled with: the name(s) of the hazardous chemical(s) appropriate hazard warnings, and the name and address of the chemical manufacturer, importer, or other responsible party. Any materials for which toxicological or hazard data are unavailable shall not be used in any work resulting in contracts under the RFP. While Contractor is on-site at current work project, all copies of SDS must be kept in the Contractor’s work vehicle.

Materials exempted from the Hazard Communication labeling requirements must still be labeled according to regulations applicable to those materials. Examples include, but are not limited to, labeling requirements for pesticides and hazardous wastes. In summary, no container containing hazardous materials, or any substance that can be mistaken for a hazardous material, shall be unlabeled.

The County additionally adopts by Reference other safety and health codes referenced in OAR Chapter 437, including but not limited to: Code of Federal Regulations (“CFR”), Oregon Occupational Safety and Health Division (“OSHA”), Oregon Department of Consumer and Business Services, and others that address the safe handling and use of hazardous materials.

3.3.5 Disqualification

Should a Contractor become disqualified from performing work, the Contractor is required to:

• Immediately stop all associated County work activity; and

• Notify Clackamas County Weatherization Services of disqualification/debarment, where the receipt of the notification from the Contractor is received by Weatherization Services within one (1) business day.

The System for Award Management (SAM.gov) identifies contractors that are debarred, while the Oregon Construction Contractors Board (“CCB”) identifies contractor license status, which is either “Active” or “Suspended”.

3.3.6 Licensing / Endorsements / Disqualification

3.3.6.1 Oregon Construction Contractors Board (CCB)

Oregon law requires anyone who works for compensation in any construction activity involving improvements to real property to be licensed with the CCB. This includes roofing, siding, painting, carpentry, concrete, on-site appliance repair, heating and air conditioning, home inspections, tree service, plumbing, electrical, floor covering, manufactured dwelling installation, land development, and most other construction and repair services. The CCB requires that all Contractor license status be in "Active" status to submit bids and to start/complete work. A contractor becomes disqualified to perform work when their status becomes other than "Active."

3.3.6.2 Special Certifications / Licenses / Endorsements

In addition to a CCB license, by law, individuals or businesses performing specific work may be required to have special individual or business certifications, licenses, and/or endorsements. The new licensing endorsement system distinguishes between residential contractors and commercial contractors. Some contractors may be required to have a dual endorsement – see: (https://portal.ccb.state.or.us/; and https://www.oregon.gov/ccb/Pages/Specialty%20Licenses.aspx).

3.3.6.3 SAM Debarment

The County will incorporate the standards held by SAM regarding contractor debarment. When a contractor becomes debarred, the Contractor will lose the ability to be awarded future work orders under this RFP throughout the life of the procurement and resulting contract (see https://sam.gov/SAM/ for additional information). Contractor shall not permit any subcontractor who is debarred to provide services under any work order.

https://portal.ccb.state.or.us/ https://www.oregon.gov/ccb/Pages/Specialty%20Licenses.aspx https://sam.gov/SAM/

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3.3.6.4 Lead Safe Weatherization

All weatherization work performed on pre-1978 housing must be conducted in a lead safe manner as prescribed by the Lead Safe Weatherization curriculum required by the U.S. Department of Energy. For containment information, see the current version of the Oregon Weatherization State Plan for USDOE, Appendix D: Health & Safety Plan, Section VII. Lead-Based Paint, located at:

https://www.oregon.gov/ohcs/energy-weatherization/Documents/Final%20USDOE-State-Plan-for-OR-2024-25.pdf

It is the Contractor's responsibility to ensure that all their current work products and operations reflect the current DOE Oregon State Plan requirements. All Contractors (and their personnel) who working on County contracted job sites related to this project are required to satisfactorily complete Lead Safe Weatherization training from a State approved trainer and receive certification prior to doing any weatherization related work in homes built before 1978. Proof of Lead Renovation, Repair and Painting Rule ("LRRP") certification must be submitted to the County prior to contract execution. No work orders will be assigned regardless of the date a home or complex was built until such time as the Lead Safe Practices certification is submitted and approved. In the event that program standards for Lead Safe Practices should change, contractors shall be given 30 days from date of notification to comply with new standards. If a Contractor fails to comply within the 30-day time frame, no new work orders shall be issued until the standards are met. See https://www.oregon.gov/ccb/Pages/Specialty%20Licenses.aspx for more information regarding lead safe licensing.

3.3.7 Required Contractor Vendor Workshop/Training

All awarded contractors are required to attend and complete an in-person vendor workshop prior to being eligible to receive any County issued work orders. This workshop will cover the following:

• County Weatherization Services Program Overview

• Staff Contacts and Roles

• Work Order Process and Change Orders

• Inspections and Project Expectations

• Billing, Invoices, and Payments

All awarded contractors are required to have at least one (1) current staff member, ideally someone in a leadership position, attend this workshop. This workshop is also recommended for administrative and office staff that handle workflow, invoices, payments, crew leaders and supervisors. Contractors and their staff will attend at their own cost.

Contractors are required to notify the County Weatherization staff within 30 calendar days if/when the person who attended this required workshop/training is no longer employed. Information regarding the workshop will be emailed to all contractors upon contract award.

3.3.8 Warranty Policy

Contractors shall furnish warranty in agreement with and as called for in the specification. In addition, the warranty shall include the following:

• There shall be no distance or time limitations, not applicable to the trade in general, on either standard or extended warranty or labor. All franchised or authorized dealers of the item in the state shall honor warranty. Any extended warranty period customarily granted shall be made available to County at no additional cost.

• County shall be advised of all product recall on all or any part of the item, at no additional cost. All product recall information, replacement parts and labor shall be provided to the County as soon as available to the dealer.

3.3.9 Use of Recycled Materials

Proposers shall use recyclable products which contain recycled content to the maximum extent economically feasible in the performance of the contract set forth in this document, where it does not jeopardize the health, safety, or the integrity of the quality materials used, the quality of installation, or the https://www.oregon.gov/ccb/Pages/Specialty%20Licenses.aspx

RFP 2025-27 Weatherization Page 12 performance of the materials. In all instances, minimum requirements are set forth in the Oregon Weatherization Assistance Program.

3.3.10 Major Measures

Major Measure items are described in Appendix 1: Weatherization Major Measure Line-Item Descriptions.

The descriptions are excerpts from the technical specifications for each measure item that may be included in a work order.

3.3.11 Performance Measures and Performance Reporting

All work is subject to inspection (including Cover and Final Inspections) and approval by the County prior to sign off and completion. County reserves the right to inspect any assigned work at any time. Contractors' performance will be monitored for quality, timeliness, and adherence to billing/invoice procedures and requirements, as outlined the Required Contractor Workshop Training class, and contract(s) resulting from this solicitation. Weatherization measures and related work shall be completed in accordance to the specifications cited in the OWAP, United States Department of Housing and Urban Development (HUD) code (if applicable), and all applicable Oregon state codes and federal regulations, which may include the most recent versions of the Uniform Building Code (UBC) and the National Electric Code (NEC) and Uniform Mechanical Code (UMC).

Where State and local codes or specification regulations are in conflict, the most stringent requirement shall apply. When state and local codes are less restrictive, Oregon Housing and Community Services (OHCS) may approve their use in lieu of these specifications. Such approval shall be requested by County and approved in writing by OHCS before the measure is installed.

If a specific application is not addressed in the specification, codes or regulations, the County shall consult OHCS to determining appropriate action consistent with the codes, regulation and these specifications.

Contractors may refuse a work order but refusing three (3) or more work orders within twelve (12) consecutive months may result in the County restricting the Contractor from being assigned work orders for six (6) consecutive months. Each Contractor will be expected to follow the procedures outlined in the required pre-contract training. Payments by the County may be withheld if these procedures are not followed, or delayed until the awarded Contractor appropriately corrects invoice(s) meeting County's protocols and requirements. The County reserves the right to require awarded vendors to re-attend subsequent training at their own cost, when the Contractor demonstrates their lack of following prescribed protocols and/or requirements.

Once a Contractor accepts a work order, the associated job must be completed by the Contractor within 45 calendar days from acceptance of the work order. If a Contractor fails to complete the work within this timeframe, the Contractor may be placed on restriction and not assigned new work until the job is completed and passes inspection by the County. Liquidated damages may be applied.

Each return inspection after the initial failure may be subject to an inspection charge applied by the County to the contractor. The charge to the Contractor will be $125 for the first return inspection, and $100 for each subsequent (following) return inspection. Contractors will amend their invoice, noting the appropriate charges. Upon the fourth failure of the same project, the Contractor may be placed on restriction, until such time as the job is completed satisfactorily.

3.3.12. Term of Contract:

The term of the contract shall be from the effective date through June 30, 2027, with the option for two (2) additional two (2) year renewals thereafter subject to the mutual agreement of the parties. At the end of the initial term of the contract, the County, at its sole discretion, may extend contracts to additional Contractors as deemed necessary and in the best interest of the County.

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3.3.13. Sample Contract: Submission of a Proposal in response to this RFP indicates Proposer’s willingness to enter into a contract containing substantially the same terms (including insurance requirements) of the sample contract identified below. No action or response to the sample contract is required under this RFP. Any objections to the sample contract terms should be raised in accordance with Paragraphs 2.2 or 2.3 of this RFP, pertaining to requests for clarification or change or protest of the RFP/specifications, and as otherwise provided for in this RFP. This

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SECTION 4

EVALUATION PROCEDURE

4.1 An evaluation committee will review all Proposals that are initially deemed responsive and they shall rank the Proposals in accordance with the below criteria. The evaluation committee may recommend an award based solely on the written responses or may request Proposal interviews/presentations.

Interviews/presentations, if deemed beneficial by the evaluation committee, will consist of the highest scoring Proposers. The invited Proposers will be notified of the time, place, and format of the interview/presentation. Based on the interview/presentation, the evaluation committee may revise their scoring.

Written Proposals must be complete and no additions, deletions, or substitutions will be permitted during the interview/presentation (if any). The evaluation committee will recommend award of a contract to the final County decision maker based on the highest scoring Proposal. The County decision maker reserves the right to accept the recommendation, award to a different Proposer, or reject all Proposals and cancel the RFP.

Proposers are not permitted to directly communicate with any member of the evaluation committee during the evaluation process. All communication will be facilitated through the Procurement representative.

4.2 Evaluation Criteria

Category Points available:

Proposer’s General Background and Qualifications (Attachment A) 0-40 Price Sheets (Attachment B, C1/C2, D, or E)** 0-60 Total available points 0-100

**Applicants may submit price sheets for multiple specialties, if applicable.

4.3 Once a selection has been made, the County will enter into contract negotiations. During negotiation, the County may require any additional information it deems necessary to clarify the approach and understanding of the requested services. Any changes agreed upon during contract negotiations will become part of the final contract. The negotiations will identify a level of work and associated fee that best represents the efforts required. If the County is unable to come to terms with the highest scoring Proposer, discussions shall be terminated and negotiations will begin with the next highest scoring Proposer. If the resulting contract contemplates multiple phases and the County deems it is in its interest to not authorize any particular phase, it reserves the right to return to this solicitation and commence negotiations with the next highest ranked Proposer to complete the remaining phases.

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SECTION 5

PROPOSAL CONTENTS

5.1. Vendors must observe submission instructions and be advised as follows:

5.1.1. Proposals will only be accepted electronically thru Equity Hub’s Bid Locker. Email submissions to Clackamas County email addresses will no longer be accepted.

5.1.2. Completed proposal documents must arrive electronically via Equity Hub’s Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

5.1.3. County reserves the right to solicit additional information or Proposal clarification from the vendors, or any one vendor, should the County deem such information necessary.

Provide the following information in the order in which it appears below:

5.2. Proposal Contents

1. Provide the following information on Attachment A – Proposal Template-Weatherization Major Measure and Specialty Contractor:

• Provide a description of your business, including name and type(s) of service(s) offered for this solicitation.

• Describe diversity and inclusion practices in hiring and level of fringe benefits offered to your employees.

• Provide a description of your firm’s experience and expertise installing weatherization measures and/or related specialty contractor services (electrical, plumbing, HVAC, roofing, etc.).

• List the types of work your firm is qualified to perform related to this solicitation and any related certifications and/or training.

• Identify key individuals that would be assigned to this project and…