RFP 21-148-PSC Backflow Database Replacement Project.pdf

RFP 21-148-PSC Page 1 of 20 Backflow Database Replacement Project

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Backflow Database Replacement Project

RFP No.: 21-148-PSC Closing Date: October 8, 2021, Time: 2:00 PM PT

Description: EWEB requests proposals from qualified software and service firms to identify, select, and implement a comprehensive Backflow Database solution.

Purchasing Analyst: Tracy Davis Phone: (541) 685-7468 Fax: (541) 685-7468 Purchasing Analyst email: tracy.davis@eweb.org

Voluntary Pre-Proposal Conference Date: September 16, 2021 Time: 9:00 AM PST Location: Microsoft Teams video conference. RSVP Tracy Davis at the above email reference to receive an Outlook invitation to the conference.

SEALED PROPOSALS will be received until the closing date and time noted above by the EWEB PURCHASING OFFICE at:

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with the Purchasing Analyst.

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

FOR MORE INFORMATION please refer to Part 1 “Instructions to Proposers” mailto:tracy.davis@eweb.org

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TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Proposers 4

2 Insurance Requirements 9

3 Background/Objectives/Scope of Work 10

4 Minimum Qualifications and Requirements 12

5 Evaluation Criteria 13

6 Evaluation Process & Contractor Selection 15

7 Proposal Form 19

Attachments

Sample Information Technology Services Agreement

Sample Statement of Work (Exhibit A of Sample Agreement)

B Proposer Residency Information

Backflow Requirements Worksheets

Detailed Price Worksheet

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LEGAL ADVERTISEMENT

RFP #21-148-PSC

Backflow Database Replacement Project

The Eugene Water & Electric Board (EWEB) requests proposals from qualified software and service firms to identify, select, and implement a comprehensive Backflow Database solution.

Proposals shall be submitted to Tracy Davis, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before 2:00 PM PT, October 8, 2021. Proposals will not be accepted after this hour and date.

RFP documents may be obtained by downloading the RFP documents from the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/ (For navigation help, please call 1-855-800-5046.)

A voluntary pre-proposal conference will be held at 9:00 a.m., on September 16, 2021, via Microsoft Teams.

Please RSVP no later than 2:00 PM PT on September 15, 2021, to Tracy Davis at tracy.davis@eweb.org to receive an Outlook invitation. Proposers are strongly encouraged to attend, but proposals will be accepted from proposers who do not attend.

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

No proposal 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; may cancel the Request for Proposals;

and may reject any or all proposals pursuant to EWEB Rule 3-0640.

Dated this 9TH day of September 2021

Tracy Davis

CPPB, CDT

Purchasing Office Eugene Water & Electric Board https://oregonbuys.gov/bso/

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1. INSTRUCTIONS TO PROPOSERS

All proposals and contracts are subject to the provisions and requirements of the Oregon Revised Statutes 279A and 279B and EWEB Public Contracting Rules Divisions 1, 2, 3 and 6.

DEFINITIONS AND ACRONYMS

The following definitions are provided as a courtesy to potential proposers:

ATA Agreement to Agree program

CIS Customer Information System

Contractor The successful Proposer awarded a Contract from this solicitation

EWEB Eugene Water & Electric Board may also be referred to as: “Owner,” “the utility,” or “agency”

GAG Good as Gold program

GIS Geographic Information System

OAR Oregon Administrative Rules

ORS Oregon Revised Statute

Proposers May be referred to as: “Proposers,” “Offerors,” “Companies,” “Bidders,” or “Respondents”

RLID Regional Land Information Database

USC University of Southern California

PROPOSAL PREPARATION

1.1 PROPOSAL FORMAT

Proposals shall be typewritten or prepared in ink and shall be submitted on the form provided in the Request for Proposals. Proposals may be hand delivered or mailed by the submittal deadline.

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments (Bidder Residency Information, Independent Contractor Certification, etc.) shall be submitted with the proposal and in the required format.

1.3 PROTEST OF REQUIREMENTS OR SPECIFICATIONS / REQUEST FOR CHANGE

Proposers may submit a written protest of any provision or specification contained in an RFP and may request a change to any provision or specification contained in an RFP, no later than 5 p.m. on the day which is seven (7) calendar days prior to the date Proposals are due, unless a different deadline is indicated in the

RFP.

Each protest and request for change must include: the reasons for the protest or request; any and all evidence and documented, factual information that supports proposer's protest; and any proposed changes to the RFP provisions or specifications. A Proposer may submit a protest, in writing to:

Eugene Water & Electric Board, Tracy Davis, 4200 Roosevelt Blvd., Eugene, Oregon 97402.

Envelopes containing proposal protests shall be marked as follows:

RFP #21-148-PSC: REQUIREMENT(S) PROTEST

ATTN: TRACY DAVIS, PURCHASING ANALYST

EWEB will not consider any protest or request for change that is received at any time after the deadline.

Proposers must exhaust all administrative remedies before seeking judicial review.

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

Proposers may include in their response, proposed contractual terms and conditions that relate to the subject matter reasonably identified in the RFP. Proposers 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 firm’s terms and conditions, standard contract, master services agreement, etc.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions.

NO PROPOSED TERMS OR CONDITIONS SHALL BECOME A PART OF THE AWARDED CONTRACT UNLESS

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.5 SIGNATURE ON PROPOSAL

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

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

1.6 PREPARATION COSTS

Pursuant to Rule 3-0640, EWEB may cancel, reject in whole or in any part any bids or proposals, without liability incurred by EWEB at any time after issuing an RFP or RFQ, if EWEB believes it is in EWEB’s interest to do so. Proposers responding to either RFPs or RFQs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs and RFQs, which includes, but is not limited to: submittal preparation, submittal, travel, expenses, interviews, presentations, or evaluation of any proposal.

1.7 PRE-PROPOSAL CONFERENCE

A voluntary pre-proposal conference will be held at 9:00 a.m., on September 16, 2021, via Microsoft Teams.

Please RSVP no later than 2:00 PM PT on September 15, 2021, to Tracy Davis at tracy.davis@eweb.org to receive an Outlook invitation. Proposers are strongly encouraged to attend, but proposals will be accepted from proposers who do not attend.

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(A) Proposals, containing a minimum of one (1) original signed proposal response including any addenda which require signature, one (1) additional printed copy, and two (2) flash drives, shall be received by the EWEB Purchasing department prior to bid closing. To ensure that your proposal receives priority treatment within our mailing system, your proposal should be labeled with the following information:

RFP #21-148-PSC: BACKFLOW DATABASE REPLACEMENT PROJECT

DUE: OCTOBER 8, 2021, 2:00 PM PST

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Proposals may be submitted in the following manner and to the following address listed on first page of the Request for Proposal:

Eugene Water & Electric Board

RFP # 21-148-PSC

Attn: Tracy Davis, Purchasing Office 4200 Roosevelt Blvd.

Eugene, OR 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with the Purchasing Analyst.

Proposals shall be received and date and time-stamped by the EWEB Purchasing Office prior to Proposal closing date and time. No Proposal received after the closing date and time will be considered. EWEB is not responsible for technical issues that delay receipt of proposals.

(B) REQUIRED PAGES & CONTENT OF PROPOSAL

Proposer MUST complete, sign, and return the following pages with their RFP response:

• CONTRACTUAL ACCEPTANCE: Statement accepting ALL terms and conditions contained in this solicitation. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.4

• TERMINATION FOR DEFAULT: Proposers shall indicate if they have had a contract terminated for default in the last five years.

Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of proposers past performance.

• RESPONSE TO ALL EVALUATION CRITERIA (SECTIONS 4 and 5)

• SECTION 7 - Proposal Form

• ATTACHMENT B - Bidder Residency Information

• BACKFLOW REQUIREMENTS Worksheets

• DETAILED PRICE Worksheet

• HARD COPIES AND DIGITAL COPIES of all proposal documents as detailed in Section 1.8.

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1.9 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 solicitation documents will be made in the form of Addenda. The Proposer is responsible for ensuring that all addenda have been received and are acknowledged in their RFP Response.

1.10 PROPOSAL MODIFICATION

Modifications or erasures made before proposal submission shall be initialed by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers may not modify proposals after bid closing date and time.

1.11 PROPOSAL WITHDRAWALS: Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the EWEB Purchasing Office prior to RFP closing time. Proposals may also be withdrawn in person before RFP closing time upon presentation of appropriate identification.

1.13 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.3

PROTEST OF REQUIREMENTS OR CONTRACT TERMS / REQUEST FOR CHANGE. Exceptions submitted with your proposal, or in any manner other than the process provided herein, may cause your proposal to be ruled non-responsive and rejected.

1.14 ALTERNATE PROPOSALS

Proposers may submit more than one proposal. All proposals must comply with the requirements of the RFP except that additional proposals may incorporate, by reference, repetitive information which is provided in the complete proposal.

1.15 PROPRIETARY DATA/PUBLIC RECORD

This Request for Proposal, 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 proposal 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 proposal 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.

1.16 CONTRACT NEGOTIATIONS

EWEB will begin negotiating a Contract with the highest ranked responsive and responsible proposer. EWEB shall direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The contract price as it is affected by negotiating the statement of work; and

c) Any other terms and conditions as requested in the proposal response as outlined in the Instructions to

Proposers, Item 1.4.

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the highest ranked responsive and responsible proposer if it reasonably believes that:

a) The proposer is not discussing or negotiating in good faith; or

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b) Further discussions or negotiations with the proposer will not result in the parties agreeing to the terms and conditions of a final contract in a timely manner.

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest responsive and responsible proposer and continue the process until EWEB has determined to award the contract to the proposer with whom it is currently discussing or negotiating. EWEB reserves the right to discontinue negotiations and cancel the solicitation if it deems it is in its best interest.

SCHEDULE OF EVENTS

1.17

The schedule of events set out herein represent Eugene Water & Electric Board’s best estimate of the schedule that will be followed. If a component of this schedule, such as the opening date, is delayed, the rest of the schedule will be shifted by the same number of days.

The approximate contract schedule is as follows:

Request for Proposal Released September 9, 2021

RSVP for Invitation to Voluntary Pre-Proposal Conference September 15, 2021

Voluntary Pre-Proposal Conference (via Microsoft Teams) September 16, 2021

Last Date for Request for Changes/Protests of Specifications October 1, 2021

Closing Date (last day to submit proposals to EWEB) October 8, 2021

Responses Evaluated Oct 11 thru Oct 22, 2021

Interviews / Presentations Held Oct 25 thru Oct 29, 2021

Intent to Award Announcement November 24, 2021

Contract Award December 7, 2021

ANTICIPATED PROJECT SCHEDULE:

Assessment Planning Dec 2021 – Jan 2022

Onsite Assessment Jan 2022 – Feb 2022

Implementation Feb 2022 – Mar 2022

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2. INSURANCE REQUIREMENTS

(See Exhibit C of SAMPLE INFORMATION TECHNOLOGY SERVICES AGREEMENT)

THIS SECTION INTENTIONALLY BLANK

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3. BACKGROUND / OBJECTIVES / SCOPE OF WORK

3.1 BACKGROUND INFORMATION

The Backflow application was developed in-house back in the 1990’s to support the management and maintenance of backflow devices and assemblies in support of water operations. The last update was performed back in 2010 where the backend database was changed to a MS/SQL-Server Database.

Inventory of backflow devices and assemblies is maintained in the Backflow application, not within our Customer Information System.

The application functionality is aged, and the business users have developed manual processes to work around deficiencies in the application. Users need to cross reference between various other data sources (example: CIS and RLID to confirm property owners and mailing addresses). This is a time consuming and error prone process.

The IT support that previously completed most requests for changes to the database is no longer available.

This affects the Water Ops Coordinators, area backflow testers, utility customers (backflow assembly owners) and water monitoring and compliance.

As a water supplier, EWEB is required to comply with the state of Oregon Cross Connection Requirements to protect the public drinking water supply.

3.2 OBJECTIVES AND SCOPE OF WORK

Contractor/Vendor performance is based on deliverable products and outcomes (“Deliverables”). Below is a general outline of the anticipated scope of work. However, the selected Proposer and EWEB will negotiate the final scope and description of work tasks and deliverables, for inclusion in the contract as the Statement of Work.

The objective is to identify, select, and implement a comprehensive Backflow Database solution. In selecting a vendor, EWEB is looking for a vendor that can provide the following services: data transfer of existing database to new database, management of all backflow assembly inventory records and related activities, and automation of activities related to testing, inspection, and customer correspondence. The provider shall offer services for the Backflow Database:

• System will provide for annual testing programs of backflow assemblies through automated workflow.

• The solution will provide access to fully qualified contractors and testers to assign and submit test results real-time.

• System will automate generation of letters related to backflow assemblies with the ability to follow the preferred method of communication (email vs. paper).

• The system will provide the ability to identify, report and manage critical event dates (test, repair and inspection due dates) in the backflow process.

• The solution will provide electronic automated process for EWEB inspectors to complete new, removed, relocated and replaced assembly inspections in the field.

• The system will track inventory and test records of all backflow assemblies/devices according to EWEB’s requirements.

• System will provide the ability to run reports by customized criteria (e.g. compliance status, total active assemblies by assembly type, tests assigned to testers).

• Backflow assembly inventory will be made available to EWEB in a format that can be displayed in our GIS system.

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• The proposed solution shall include a complete test environment with integrations to support ongoing maintenance, troubleshooting and upgrade testing.

• The solution shall accept information (address, customer information, RLID owner information) via nightly integration.

• The solution will provide the ability to search and view backflow assemblies and all related historical activities.

3.3 LENGTH OF CONTRACT

The length of the CONTRACT for the replacement of the backflow database will be from the date of award, approximately December 13, 2021, and will last approximately six (6) months.

3.4 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Contractor’s business location and the Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, Oregon.

EWEB WILL NOT provide workspace for the contractor. The contractor must provide its own workspace.

THIS SPACE INTENTIONALLY BLANK

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4. MINIMUM QUALIFICATIONS AND REQUIREMENTS (Pass or Fail)

Following are the Minimum Qualifications and Requirements that shall be met by all Proposers. Proposers shall respond to each of the Minimum Qualifications and Requirements in writing, in a brief and concise manner.

Response to the minimum Qualifications and Requirements will not receive point values but shall be evaluated on a pass or fail basis. Only Proposers that meet all of the minimum Qualifications and Requirements will be evaluated on the Content of Response / Scored Evaluation Criteria (Section 5) where point values shall be awarded. EWEB does not pre-qualify proposers; your proposal must show that your firm meets the requirements.

EWEB will attempt to answer questions or clarify the requirements if needed.

The following criteria will be considered on a pass or fail basis. Each criterion must pass in order for a Proposal to be reviewed and scored by the evaluation team:

• Proposer has a minimum of 3 years successful professional experience providing a software solution for water program management, to at least 2 utilities with needs similar in size and scope to those required under this Contract.

Response Instruction –

1. Provide the number of years your company has been in business providing these services

2. Please list at least 2 accounts that utilized your solution in the last 3 years that are of similar size and scope to EWEB’s database needs for backflow and/or a similar water utility program. Each account should include the following:

Project Owner Contact Name, Phone, and Email

• Ability to integrate existing legacy systems for initial data load and provide support for ongoing data synchronization.

Response Instruction –

1. Provide the mechanisms in which you support data migration.

2. Provide examples of integration support for data synchronization.

• Ability to provide automated workflow for annual testing.

Response Instruction –

1. Provide a workflow to demonstrate annual testing process.

• The solution will allow testers to search and submit test results.

Response Instruction –

• 1. Provide a workflow to demonstrate searching and submitting test results.

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5. EVALUATION CRITERIA

5.1 This is STEP ONE of a possible Multi-step Evaluation Process

Written Proposals will be evaluated in this step and scoring will be based on Proposer’s qualifications and experience as described below, unless EWEB should determine to hold interviews / presentations (see

STEP 2).

The total number of points possible for the written proposal is one hundred (100) points.

Percentage of Total Written Score

Section

Pass/Fail Minimum qualifications & requirements

5% Company background and experience

10% Implementation approach

50% Functional capability

25% Technical and integration capacity

10% Price

5.2 The Proposer’s ability to pass all of the Minimum Qualifications/Requirements (No Points, Pass or Fail)

See Section 4.

5.3 Describe your firm’s background and experience in the water database solution market. (5 Points Possible)

a. Describe at least three (3) engagement(s) where you can demonstrate providing an effective solution in projects of similar size, site, type, complexity, and budget compared to EWEB. Information on these projects should include:

i. Brief description of the project including the system selected, whether the client implemented the system, and the timeline to implement

ii. Organization type - Investor-owned, municipal, cooperative, or other (describe)

iii. Project organization, including uses of sub-contracting, owner provided services, etc.

iv. Start and finish dates for the contract

v. Original contract amount and final contract amount paid at completion

vi. A short description of the specific products provided by you to the client

vii. Provide relevant references within the client organization that are familiar with the work performed by your firm. Include name, current phone number and current email address (these may be your references for evaluation criteria in Section 4, but are not required to be)

viii. Include the names of current utility clients using your solution.

5.4 Implementation methodology, timeline and availability of experienced key staffing resources. (10 Points Possible)

a. Describe your firm’s proposed approach in completing the implementation of the solution, including but not limited to: documenting and integrating requirements and business processes; developing training and testing plans and managing system configuration. Include a projected schedule that reflects your proposed approach, including availability to start if awarded the contract. Specific exhibits or artifacts will be helpful in the evaluation process. Include a small sample of at least 10 system requirements related to a backflow database solution.

b. Submit resumes for key staff who will be providing services to EWEB. Clearly describe the training and experience attained for each individual who will be working with EWEB, describe the role to which they will be assigned, and indicate the extent of expected involvement.

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5.5 Functional Capability as evaluated from the Vendor’s response to the Functional Requirements Worksheet.

(50 Points Possible)

5.6 Technical capability as evaluated from the Vendor’s response to the Technical Requirements and narrative information from the Technical Requirements Worksheet. (25 Points Possible)

5.7 Analysis of total cost of ownership as compared to the other competitive cost proposals. (10 Points Possible)

Provide in the fields indicated in the Detailed Price Worksheet the total cost for replacement of the backflow database as specified in the EWEB documents, including implementation, annual licensing and support over a 5-year period.

Total points for cost will be determined according to the following formula:

A = Total Possible points = xx L = Lowest cost proposed X = Cost being scored B = Awarded Score

Formula: "L" divided by "X" times "A" = "B"

Example: If A = 15 Points, L = $50,000; X = $75,000; then B = $50,000 / $75,000 x 15 = 10 points

STEP 2 – INTERVIEWS/PRESENTATIONS (OPTIONAL)

The outcome of the written proposal evaluations may result in placement on an interview / presentation list. Should EWEB elect to hold interviews/presentations, the total points possible for the interview / presentation will be indicated in the Interview/Presentation Invite letter.

EWEB may invite up to the three (3) highest-ranked firms (or at a natural break in scoring) to interview / present. The Firm’s Key Persons (those persons that will specifically be assigned to EWEB’s project in key roles, not business development staff) shall be prepared to attend the interview/presentation approximately the week of October 25th (actual dates and times to be determined) after notification by EWEB, and shall be prepared to answer questions as provided with the Interview/Presentation Invite letter.

Should EWEB determine to hold interviews/presentations, all proposers will be notified in writing of their standing. Proposers not included in this Competitive Range will be eliminated from further consideration.

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6. EVALUATION PROCESS & CONTRACTOR SELECTION

The Total Number of Points Possible for Written Proposals is 100

6.1 Review and Acknowledgment of Defective Proposals

Due to limited resources, EWEB generally will not completely review or analyze proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will EWEB generally investigate the references or qualifications of such proposals. Therefore, EWEB will not acknowledge whether or not an unsuccessful proposal was complete, responsive, responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are established and required by Oregon law and EWEB adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in the RFP documents and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

6.2 Right of Rejection

Proposers must comply with all of the terms of the RFP, EWEB Rules, and all applicable local, state, and federal laws, administrative rules, and regulations. The Purchasing Analyst may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Proposers may not make stipulations or restrict the rights of EWEB. If a Proposer does so, the Purchasing Analyst may determine the proposal to be a non-responsive counteroffer and the proposal may be rejected.

Minor informalities that:

• do not affect responsiveness,

• are merely a matter of form or format,

• do not change the relative standing or otherwise prejudice other offers,

• do not change the meaning or scope of the RFQ/RFP,

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or,

• do not constitute a substantial reservation against a requirement or provision, may be waived by the Purchasing Analyst.

EWEB reserves the right to refrain from making an award if it determines that to be in its best interest.

A proposal from a debarred or suspended Proposer shall be rejected.

6.3 References

EWEB reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers.

EWEB reserves the right to check any and all sources for information and to include sources other than the references provided in the Proposer's proposal. EWEB may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents, including past experience EWEB has had with the proposer.

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6.4 Responsibility

EWEB reserves the right to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Proposer’s responsibility for performing the Contract, as defined in Rule 3-0500. Submission of a signed proposal shall constitute approval for EWEB to obtain any information EWEB deems necessary to conduct the evaluation. EWEB reserves the right to request additional information or documentation from the successful Proposer prior to award of a contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in the rescission of EWEB's Intent to Award.

EWEB may postpone the award of the Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

6.5 Clarification of Response

EWEB reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. All requests for clarification and responses shall be in writing.

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of that Proposer’s Proposal.

6.6 Evaluation Process

Written Proposals will be evaluated and scored based on evaluation criteria outlined in Section 8. EWEB may conduct interviews or presentations. If EWEB conducts interviews or presentations, the evaluation criteria for that tier of competition will be issued in a post-closing addendum.

Pursuant to Rule 3-0230(14)(d), EWEB may employ methods of contractor selection that include without limitation:

(A) An award or awards based solely on the ranking of proposals;

(B) Discussions leading to best and final offers, in which EWEB may not disclose private discussions leading to best and final offers;

(C) Discussions leading to best and final offers, in which EWEB may not disclose information derived from proposals submitted by competing proposers;

(D) Serial negotiations, beginning with the highest ranked proposer;

(E) Multiple-tiered competition designed to identify, at each level, a class of proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked proposers;

(G) A multi-step request for proposals that require additional information designated in Rule 3-0232;

or

(H) Any combination of methods described in this Section.

6.7 Contractor Selection

If a contract is awarded, EWEB shall award the contract to the responsible proposer whose proposal EWEB determines in writing to be the most advantageous to EWEB based on:

a) The evaluation process and evaluation factors described in this request for proposal;

b) Any applicable preferences allowed by EWEB Rules, Division 2; and when applicable, RFP 21-148-PSC Page 17 of 20 Backflow Database Replacement Project

c) The outcome of any negotiations authorized by this request for proposal

If this request for proposal specifies or authorizes the award of multiple public contracts, EWEB shall award public contracts to the responsible proposers who qualify for the award of a contract under the terms of this request for proposal.

6.7.1 The firm with the highest total score as a result of written proposal scoring AND interview / presentation scoring will be awarded the contract.

6.8 Notice of Intent to Award

After the completion of the evaluation and ranking, the Purchasing Analyst will issue a written Notice of Intent to Award and send copies to all Proposers. The notice will set out the names of all Proposers and identify the Contractor selected for award.

6.9 Contract Negotiation

EWEB will begin negotiating a Contract with the highest ranked Proposer as defined in Section 7.7. EWEB shall direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The contract price as it is affected by negotiating the statement of work; and.

c) Any other terms and conditions reasonable related to those expressly authorized for negotiation in the Request for Proposal, Sections 1.3 and 1.4.

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the highest-ranked proposer if it reasonably believes that:

a) The proposer is not discussing or negotiating in good faith; or

b) Further discussions or negotiations with the proposer will not result in the parties agreeing to the terms and conditions of a final contract in a timely manner.

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest scoring proposer and continue the process until EWEB has determined to award the contract to the proposer with whom it is currently discussing or negotiating.

6.10 Protests and Judicial Review of competitive Bidding and Proposals

Determination of inclusion in the interview/presentation round of selection is not subject to protest, only the award of a public contract is subject to protest.

Pursuant to Rule 3-0740, a bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if the bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and the reason for the protest is that all higher ranked proposals are nonresponsive; EWEB has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials; EWEB has abused its discretion in rejecting the protestor's bid or proposal as nonresponsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

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

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.

RFP 21-148-PSC Page 18 of 20 Backflow Database Replacement Project

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Analyst 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 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 Manager will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the bid or proposal. 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 Manager’s determination (response) is adverse to the protester, any further appeal of the Purchasing Manager’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 Manager’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Manager’s determination and shall fax and mail, in accordance with the fax number and 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 Manager 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.

RFP 21-148-PSC Page 19 of 20 Backflow Database Replacement Project

7. PROPOSAL FORM

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers, Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 6 shall be organized in the order listed in Section 5, preferably by re-stating the Criteria, then responding below.

THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:

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

CONTRACTUAL ACCEPTANCE: Statement accepting ALL terms and conditions contained in the sample contract solicitation. Provide a list of exceptions requested, please note that a blanket replacement of terms will not be considered, but specific terms and conditions may be negotiated

TERMINATION FOR DEFAULT: Proposers shall indicate if they have had a contract terminated for default in the last five years. (See Section 1.7 (B))

RESPONSE TO MINIMUM QUALIFICATIONS AND REQUIREMENTS listed in Section 4 RESPONSE TO ALL EVALUATION CRITERIA listed in Section 5 SECTION 7 - Proposal Form ATTACHMENT B - Bidder Residency Information BACKFLOW REQUIREMENTS Worksheets DETAILED PRICE Worksheet

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? Yes _____ No _____. If yes, indicate which categories below:

Minority Owned _____ Woman Owned _____ Emerging Small Business _____ Veteran Owned _____

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

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

Circle each RFP addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10

Check if not applicable or no addenda were received: ____

CONTRACT SIGNATURE / EXECUTION

ASSURANCES:

The undersigned attests that they:

Read and understand all instructions, requirements, addenda, site conditions, and terms and conditions contained herein (including the attachments and Exhibits listed in this solicitation).

Have the authority and/or responsibility to submit a proposal and to bind their organization in all phases of this RFP process.

Confirm the information provided is true and accurate to the best of their knowledge.

Understand that any false statement may disqualify this offer from further consideration or may be cause for contract termination.

RFP 21-148-PSC Page 20 of 20 Backflow Database Replacement Project

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 and that the Contract, when executed by EWEB and Contractor the contract shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

Arrived at the specifics of the proposal, including price and amounts, independently and without communication or agreement with another Proposer, except as disclosed in a separately attached statement;

Have not directly or indirectly induced or solicited another Proposer, 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 Proposer's bid price, a breakdown of the price, the contents of the price or information or data related to the price to another Proposer;

Have not sought through communication or agreement with a person to fix the bid price of the Proposer or another Proposer, to fix an overhead, profit or cost element of the bid price of the Proposer or another Proposer or to secure any advantage against the contracting agency or any other person interested in the public contract;

Have not directly or indirectly expressed an interest or lack of interest in the public contract, or paid or offered to pay a fee to a person, to cause a collusive or sham bid;

Contractor by signing this Proposal Form represents and warrants that contractor’s performance under this contract creates 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 prevents 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 does not create a potential or actual conflict of interest in performance of this contract.

PROPOSER INFORMATION:

Proposer Company Name

Company Address (from which work will be performed)

Telephone Number Fax Number FEDERAL ID NUMBER

Person Signing RFP_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________________

IT Sample Contract Page 1 of 74

The following is an example of a Services Agreement that the selected contractor(s) will be engaged with to negotiate a final agreement. Language in blue, in red, or highlighted in yellow will be conformed to the negotiated Statement of Work and Service Level Agreements.

Submittal of a Proposal does not guarantee a contract will be awarded to the Contractor.

EUGENE WATER & ELECTRIC BOARD

INFORMATION TECHNOLOGY SERVICES AGREEMENT

(System Acquisition)

This Information Technology Services Agreement (this “Contract”) is entered into by and between the Eugene Water and Electric Board (EWEB) and __________ (“Contractor”), and is effective as of the Effective Date (defined below).

RECITALS

1. EWEB desires to engage a Contractor to provide [insert short services description here] (the “Services” as defined below) to enable EWEB to achieve specific business and EWEB mission objectives defined in this Contract, including implementation and testing of the System (as defined below). To that end, EWEB issued RFP # ________.

2. Contractor is the successful proposer to the RFP and EWEB desires Contractor to perform the Services.

3. Contractor desires to perform the Services for EWEB.

AGREEMENT

In consideration of the foregoing recitals and the mutual terms and conditions set forth below, EWEB and Contractor agree as follows:

1. DEFINITIONS

“Acceptance” or “Accepted” means written confirmation by EWEB that Contractor has completed a Deliverable according to the Acceptance Criteria and accepted for purposes of interim payment. The term is distinct from “Final Acceptance.”

“Acceptance Criteria” means the criteria for accepting Deliverables under this Contract, including but not limited to Requirements, specifications in the Statement of Work, and the Performance Warranties set forth in Section 11.2.

”Acceptance Tests" means those tests which are intended to determine compliance of Deliverables with the Acceptance Criteria of this Contract. “Authorized Representative” means a person representing a party to this Contract who is authorized to make commitments and decisions on behalf of the party regarding the performance of this Contract. Contractor’s Authorized Representative is the person so identified in Exhibit E. EWEB’s Authorized Representative is the person so identified in Exhibit F.

IT Sample Contract Page 2 of 74

“Business Days” means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, excluding State of Oregon holidays and business closure days.

“Calendar Days” means contiguous days.

“Change Order” means a form of Contract amendment pursuant to Section 7 that makes changes to Exhibit A or Exhibit B within the scope of this Contract.

“Confidential Information” is defined in Section 9.1.

“Contract” means all terms and conditions herein and all Exhibits attached hereto.

“Contractor Intellectual Property” means any intellectual property that is owned by Contractor and contained in or necessary for the use of the Deliverables. Contractor Intellectual Property includes Software owned by Contractor, including that described in Exhibit G: Documentation, and derivative works and compilations of any Contractor Intellectual Property.

“Contractor Project Manager” or “CPM” means the person representing Contractor who serves as EWEB’s primary point of contact for the Project.

“Data Error” – means errors in System data caused by failures in data conversion or failures caused by System processing. Data entry errors are not Data Errors.

“Defect” means a reproducible failure of the…