RFP 22-099-G Station Class Power Transformers.pdf

RFP 22-099-G [page #] Power Transformers

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

STATION CLASS POWER TRANSFORMERS

RFP No.: 22-099-G Closing Date: May 31, 2022 Time: 2:00 PM PT

Description: Purchase of up to thirteen (13) 115kV/12.47kV Power Transformers as needed

Purchasing Contact: Sandra Hahn (541) 485-7163 sandra.hahn@eweb.org

Pre-Proposal Conference: NO

This is a COMPETITIVE SEALED PROCUREMENT. NO FAXED PROPOSALS will be allowed. OR

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

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

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

FOR MORE INFORMATION please refer to Part 1 “Instructions to Proposers”

TABLE OF CONTENTS

Section Description Page

Legal Advertisement

1 Instructions to Proposers

2 Background / Objectives

3 Minimum Qualifications and Requirements

4 Evaluation Criteria

5 Evaluation Process & Contractor Selection

6 Proposal Form

ATTACHMENTS

A Standard Terms & Conditions for the Purchase of Services Contract

B Bidder Residency Form

C Recycled Products / Sustainability Questionnaire

EXHIBITS

1 Sample Contract

TECHNICAL SPECIFICATIONS

Material Specification ES3-9.130 Rev. 15 – Power Transformer 115kV / 12.47 kV and the following Related Electric and CAD Standards:

EC3-1.0501_REV 1: Power Transformer Foundation Plan & Section

EC3-6.0501_REV 1: Power Transformer Grounding

ED3-4.2100_REV 0: SEL-2414 Transformer Monitor Schematic & Wiring

ED3-5.2001_REV 3: Protective Relays Auto/Manual LTC Control Schematic

EWEB Consultant CAD Standards Manual

LEGAL ADVERTISEMENT

RFP #22-099-G

The Eugene Water & Electric Board (EWEB) requests proposals from companies interested in providing up to thirteen (13) power transformers over a period of 5 years.

Proposals shall be submitted to Sandra Hahn, Purchasing Contact, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before 2:00 PM, May 31, 2022. Proposals will not be accepted after this hour and date.

RFP documents may be obtained from the Purchasing Department at the address above, by calling (541) 685- 7500, or you may download the RFP documents from the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/. (Search for bid # S-P00140-00003016. For navigation help, please call 1-855-800- 5046.)

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.

Date: May 3, 2022

Sandra Hahn Purchasing Contact https://oregonbuys.gov/bso/

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.

INFORMATION OF RECORD

The official source of information for this project until the Intent to Award is posted is located at the State of Oregon's bid site, located at: https://oregonbuys.gov/bso/. IT IS THE SOLE RESPONSIBILITY OF THE

PROPOSER TO CHECK THE WEBSITE ON A TIMELY BASIS.

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.

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

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

1.3 PROTEST OF REQUIREMENTS OR SPECIFICATIONS

Protest of Specification - A Proposer who believes that the procurement process is contrary to law, or that the solicitation is unnecessarily restrictive in that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of EWEB, or that the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or that the solicitation improperly specifies a brand name as defined in ORS 279B.200, may submit a protest, in writing to:

Eugene Water & Electric Board, RFP SPECIFICATION PROTEST, RFP # 22-099-G, May 31, 2022 Attn: Sandra Hahn, Purchasing, 4200 Roosevelt Blvd.

Eugene, Oregon 97402 or via email to sandra.hahn@eweb.org.

If by email, insert the following in the subject header: RFP SPECIFICATION PROTEST, RFP #22-099-G

To be considered, protests shall be received no later than May 24, 2022.

Protest of specifications shall include the reason for protest, any and all evidence and documented factual information that supports Proposer’s protest, and any proposed changes to the requirements. The EWEB Purchasing department shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via Addenda to all Proposers. Proposers must exhaust all administrative remedies before seeking judicial review.

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

Proposers may include in the Cover Letter of their response, proposed contractual terms and conditions revisions to the Sample Contract (Exhibit 1). 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 company’s terms and conditions, standard contract, master services agreement, etc.

mailto:sandra.hahn@eweb.org

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. REQUESTS FOR REVISION OF EWEB CONTRACTUAL

TERMS AND CONDITIONS MAY BE MADE AT TIME OF PROPOSAL SUBMISSION. THERE MAY BE NO

OPPORTUNITY TO DO SO AT A LATER DATE.

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

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.5 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 proposing without fully comprehending all requirements of the Request for Proposals.

Proposers shall only enter information within the proposal document where it is requested or required.

Proposers shall NOT make any alterations to the original solicitation document. Any proposal that has been altered may be rejected.

1.6 CANCELLATION, REJECTION, DELAY OF RFP

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

Proposers responding to either RFPs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs, which includes, but is not limited to: submittal preparation, submittal, travel, expenses, interviews, presentations, or evaluation of any proposal.

1.7 RESERVED

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(A) Sealed Proposals containing a minimum of one (1) original signed proposal response, including any

Addenda to be acknowledged, 1 hard copy, and one (1) electronic copy (one combined pdf on a flash drive), shall be received and date/time-stamped by the EWEB Purchasing department prior to RFP closing. To ensure that your proposal receives priority treatment within our mailing system, it should be labeled with the following information:

RFP #22-099-G, May 31, 2022, 2:00 PM

Eugene Water & Electric Board/Purchasing 4200 Roosevelt Blvd.

Eugene, OR 97402

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

Proposals received after the closing date and time will not be considered and may be rejected. EWEB is not responsible for proposals submitted in any manner format or to any delivery point other than as required by the Solicitation document.

(B) REQUIRED PAGES & CONTENT OF PROPOSAL

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

• Cover Sheet, with:

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation and the Sample Contract (Exhibit 1). Statement may also 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 Proposer’s past performance.

• Response to Minimum Qualifications (Section 3)

• Response to All Evaluation Criteria (Section 4)

• Proposal Form (Section 6)

• Attachment B - Bidder Residency Information

• Attachment C - Recycled Products / Sustainability Questionnaire

• Electronic copy, as detailed in Section 1.8(A)

(C) RESPONSIVENESS / RESPONSIBILTIY

A “Responsive” proposal is a proposal that substantially complies with the Request for Proposals instructions and requirements.

A “Responsible” Proposer can demonstrate ability to meet the requirements of the Scope of Work, has the appropriate experience, is legally qualified to do the Work, has the required certifications required, has a satisfactory record of integrity and can meet the other requirements described in

ORS 279B.110(2).

1.9 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 downloaded and are acknowledged in their RFP Response.

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

https://oregonbuys.gov/bso/. As a courtesy, EWEB will send Addenda to registered Proposers via e-mail.

https://oregonbuys.gov/bso/

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 RFP 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.

SCHEDULE OF EVENTS

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

Request for Proposal released May 3, 2022

Last day for EWEB to receive questions from Proposers May 23, 2022

Last day EWEB will post Addenda May 25, 2022

Closing date (last day to submit proposals to EWEB) May 31, 2022

Responses evaluated / Short List Complete June 14, 2022

Factory Tour / Inspection (Optional to EWEB) Completed by June 30, 2022

Intent to Award Announcement July 5, 2022

Board Approval August 2, 2022

Contract Award August 4, 2022

2. BACKGROUND/OBJECTIVES

2.1 BACKGROUND /OBJECTIVES

The Eugene Water & Electric Board (EWEB) initially requires five (5) 115kV/12.47kV power transformers to serve as system spares for future use in EWEB’s Electric System. EWEB forecasts the needs for three (3) to eight (8) additional power transformers to support capital projects. The Contractor shall provide all transformers in strict accordance with the contract specifications. All transformers shall be new, unused, current production model. No prototype components shall be used. Each transformer shall include all inspection coupons and warranty identifications cards furnished to general trade.

EWEB shall comply with the White House Executive Order 13920, “Securing the United States Bulk-Power

System”, that prohibits the acquisition or installation of 69 kV (low side voltage) and higher rated bulk power system equipment, where that transaction has a nexus to a federally-designated foreign adversary and poses an unacceptable risk to the BPS or national security.

2.2 LENGTH OF CONTRACT

The length of the CONTRACT for supplying power transformers will be from the date of award and will last until final acceptance and payment of all transformers ordered within 5 years of contract signing.

2.3 SPECIFICATIONS AND REQUIREMENT SCHEDULE

All transformers furnished under the resulting contract shall comply with the applicable attached material specification:

Attachment D - Material Specification ES3-9.130 Rev. 15 for Power Transformer 115 kV / 12.47 kV

Pages 38-42 in the specifications lists the information required from the bidder.

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

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

2.4 EWEB ACCEPTANCE TESTS

a. Upon receipt, the transformer will be inspected for compliance with specifications and the general condition of the equipment.

b. The manufacturer shall be responsible for offloading the transformer and all accessories/parts from the truck to EWEB’s storage location and shall fully assemble the transformer within the guidelines illustrated by the manufacturer. EWEB reserves the right to witness this process but is not required to be present. Offloading and assembly shall be completed within a schedule developed by the manufacturer and agreed upon by EWEB.

c. Impact recorders shall be reviewed by EWEB and the manufacturer after the transformer is place on the final foundation. Unacceptable readings from any impact recorder will result in EWEB not accepting the delivery.

d. The manufacturer or manufacturer’s contractor will complete testing of the transformer. Testing shall include, at a minimum, complete power factor for windings and all accessories, winding excitation current, power loss of arresters, and TTR for all available taps. All field test data shall be provided to EWEB following completion of testing. Testing and final assembly shall be completed within the manufacturer developed schedule developed at time of order.

e. The transformer will be “Accepted” after passing inspections and tests, generally within 2 weeks of transformer delivery. If EWEB finds goods furnished to be incomplete or not in compliance with the Contract, EWEB, at its sole discretion, may either reject the goods at Contractor’s expense, require Contractor to correct any defects without charge, or negotiate with Contractor to sell the goods to EWEB at a reduced price, whichever EWEB deems equitable under the circumstances.

2.5 DELIVERY

Contractor shall deliver the initial 5 transformers to:

• EWEB Coburg Substation – Eugene, Oregon (full address provided at time of award)

The remaining transformers will be delivered to Eugene; exact destinations to be determined.

2.6 COORDINATION

Contract activity coordination shall be through EWEB Engineering, including drawing submittal and review, shipping scheduling, submittals during manufacture, witness testing scheduling, and shipping coordination. Contractor will be given the name and phone number of the Engineering contact person at the time of the award of the Contract.

EWEB Engineering shall be notified a minimum of 14 calendar days before the start of factory testing to allow time for EWEB Staff to arrange travel and attend portions or all this testing.

EWEB Engineering shall be notified a minimum of 14 calendar days before delivery day to allow time for coordination with EWEB Staff to be present for delivery.

3. MINIMUM QUALIFICATIONS (PASS/FAIL)

Minimum Qualifications (Pass/Fail)

Following are the Minimum Qualifications 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 will not receive point values but shall be evaluated on a pass or fail basis.

Only Proposers that meet all of the Minimum Qualifications will be evaluated on the content of their response to 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:

a. Contractor shall have minimum of 10 years of experience in the design, manufacturer, and testing of power transformers and at least 5 years in the design, manufacturer and testing of FR3 filled power transformers.

b. Provide, at a minimum, a list of three North American utilities for whom your company has provided 115kV/12.47kV Power Transformers within the past 5 years. At least one of the references must be for an FR3 filled transformer. For each reference, provide the following:

a. Name of customer (Company/entity)

b. Name, email, & telephone number of contact person

c. Description of product(s) delivered

d. Whether delivered on-time and if not, reasons

e. Ratings of transformers provided

f. Location of shipping point and delivery point

Please ensure your client representatives are aware of a possible call from EWEB and that they are willing to speak with EWEB regarding your cited contract.

c. Contractor must have service and repair facilities capable of complete overhaul of power transformers.

d. Contractor must identify the manufacture location of the unit(s) and the location of design staff if different from the manufacture location.

4. EVALUATION CRITERIA

Instructions - Include in your proposal package a response to the following questions, listing the question first and the response directly beneath. Failure to respond to one or more questions could lower total score or cause the response to be deemed Non-Responsive and rejected.

4.1 SCORED CRITERIA

The Total Number of Points Possible for Written Proposals is 100.

A. Compliance with EWEB Specifications (50 Points Possible)

1. Provide information requested in the referenced specifications: Pages 38-42.

2. Provide the following information:

i. Preliminary layout drawings [Specification ES3-9.130 REV 15, Section 3.27]

ii. Short circuit compliance report [Specification ES3-9.130 REV 15, Section 3.28]

iii. Complete listing of short circuit tested transformers [Specification ES3-9.130 REV 15, Section 3.28]

iv. Supporting evidence to support guaranteed sound levels below NEMA standards

[Specification ES3-9.130 REV 15, Section 5.2]

v. Written list of exceptions taken to specification and/or bid documents with stated issues taken and proposed exceptions [Specification ES3-9.130 REV 15, Section 5.3]

vi. Documentation explaining the manufacturer’s manufacturing process, Quality Assurance measures/checkpoints, testing process, and other elements relative to the manufacture of the units as related to this specification [Specification ES3-9.130 REV 15, Section 5.4]

vii. In uncommon cases, EWEB may require transformers that are similar to the transformers in the specification, but of larger size or smaller primary voltage. Discuss the manufacturer’s ability to provide 115kV / 12.47 kV transformers up to 50MVA meeting the desired specs and 69 kV / 12.47 kV transformers up to 33MVA

B. Maintenance (10 points Possible)

1. Explain the maintenance required on the transformer. Include a list of suggested maintenance, as well as their intervals.

2. Please list all service locations within the United States. Provide the contact information and address of these service locations.

C. Client References and Past Performance (20 Points Possible)

Client references provided by Contractor in the Minimum Qualifications section will be used to evaluate bidder past performance. Client’s opinions regarding the offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods, cost management, level of communication between the contracting parties, proactive management and customer satisfaction.

Bidder is welcome to provide any additional information regarding performance under the cited contracts.

D. Pricing proposals (20 Points Possible)

Provide the unit price for transformers and spare parts as requested in the Bid Schedule below. All unit prices shall include all costs of handling, testing, and freight/delivery to Eugene, Oregon.

Estimates Not Binding - While EWEB estimates usage of 8 to 13 units, EWEB makes no guarantee of the actual number of goods that will be purchased. (That number may be more or less than those indicated).

The Bidder shall not rely upon those numbers as a guarantee of the purchases from the resulting Contract.

BID SCHEDULE

Item Description Estimated

Quantities Unit Price Extended Cost

1 12/16/20MVA

115 kV-12.47 kV Power Transformer 5 each

2 20/27/33MVA

115 kV-12.47 kV Power Transformer 8 each

E. Additional Information – The following information is required but not scored

1. Spare Parts (Not scored)

EWEB may purchase spare parts on an as-needed basis. Provide description and pricing for such items as part of your pricing proposal:

Item Description Price per unit

Pricing information shall be included for any manufacturer recommended spare parts or EWEB requested spare parts. The cost of these spare parts will not be included in the total lifecycle cost equation used to evaluate proposals.

2. Country of Origin for Major Components (Not Scored) Provide the following information for all major components or pieces of the Transformers proposed:

Major components or pieces

Country of Origin Manufacturer Number of Units of each asset

Other Comments

3. Delivery Information

DELIVERY: _________ weeks after receipt of order

WARRANTY: _________ (Must be a minimum of 5 years)

MFG: _________________

F. Evaluation of Pricing

The Total Lifecycle Cost (TLC) of the transformer will be used in an equation to evaluate pricing.

Sections 5.1 and 5.2 of the attached Material Specifications details what parameters are used for these calculations.

The sum of each transformer’s total lifecycle cost (TLC) will be used in an equation to evaluate pricing.

Sections 5.1 and 5.2 of the attached Material Specifications details what parameters are used for these calculations.

The following loss values will be used for calculating transformer loss costs:

No Load Losses = $5,785/kW

Load Losses = $4,596/kW

TLC for each Transformer = Bid Cost + No Load Loss Cost + Load Loss Cost – Sound Level Credit at Base Rating – Sound Level Credit at Max Rating

Total points will be determined according to the following formula:

A = Total Possible points = 20 L = Lowest cost proposed (sum of TLC for first five Transformers) X = Cost being scored (sum of TLC for first five Transformers) B = Awarded Score

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

Example: If A = 20 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 20 = 13.33 points

5. EVALUATION PROCESS & CONTRACTOR SELECTION

EWEB will use a Multi-Tier evaluation process. In Tier One, ranked scores are determined by evaluating their qualifications and proposed pricing to fulfill the Work. If an apparent awardee is not yet determined, however, EWEB reserves the right to utilize Tier Two and visit the factory of any of the three (3) highest ranked Proposers per the information below.

Points are assigned as follows:

Criteria Total Possible Points

Tier One

Minimum Qualifications Pass/No Pass only Compliance with EWEB’s Specifications 50 Maintenance 10 Client References / Past Performance 20 Pricing 20

Tier Two (Optional to EWEB)

Factory Tour Points are finalized

TOTAL POSSIBLE SCORE 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 Contact 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 an Proposer does so, the Purchasing Contact may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

The Purchasing Contact may waive 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, 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.

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 based on qualifications and proposed pricing. EWEB reserves the right to conduct meetings or calls to clarify and further refine scores. Proposals will then be ranked from highest score to lowest.

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.

After ranking the proposals, EWEB may consider the scores final, determine an apparent awardee, and issue an Intent to Award. Alternatively, EWEB may decide to use a two-tier process at this point. In Tier Two, EWEB will consider the scores as preliminary scores and determine a shortlist of the three (3) highest ranked proposers (Competitive Range).

6.7 Factory Tours (Optional to EWEB)

In Tier Two, EWEB may opt to visit the factory of the one, two, or all three of the shortlisted proposers and finalize their scores thereafter. Factory visits will be of the most interest to EWEB if EWEB has never conducted business with a shortlisted Proposer but may be for other reasons in EWEB’s best interest.

EWEB reserves the right to forego factory tours with any of the three highest ranked Proposers if in EWEB’s best interest to do so. Scores are then finalized and ranked and an Intent to Award to the highest ranked Proposer will be announced.

6.8 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 Proposals;

b) Any applicable preferences allowed by EWEB Rules, Division 2; and when applicable,

c) The outcome of any negotiations authorized by this Request for Proposals

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 Proposals.

The firm with the highest total score as a result of written proposal, pricing, and a potential factory visit will be awarded the Contract.

6.9 Notice of Intent to Award

After the completion of the evaluation and ranking, the Purchasing Contact will issue a written notice of

Intent to Award and send copies to all Proposers. The notice will set out the names and ranks of all Proposers and identify the Contractor selected for award.

6.10 Contract Negotiation

EWEB will begin negotiating a Contract with the highest ranked Proposer and will 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 Sections 1.3 and 1.4 of the Request for Proposal.

A sample contract (Exhibit 1) is attached for Proposer reference.

At any time during discussions or negotiations, EWEB may terminate such 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 ranked Proposer and continue the process until EWEB has determined to award the Contract to the Proposer with whom it is currently discussing or negotiating. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may reject all proposals and cancel the RFP. Nothing in the rule precludes EWEB from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

6.13 Protests and Judicial Review of competitive Bidding and Proposals 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 proposal or proposal as nonresponsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules. The protest process may not be used to protest non-inclusion in the Competitive Range.

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.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Contact listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

c) Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered. Protests based on procedural matters will not be considered.

d) EWEB’s Purchasing Supervisor will review the protest and will email or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email or postal address provided in Proposer’s 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 Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’s determination (response) by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Supervisor’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall email or mail, the protesting party a written response within three (3) business days of receipt of written appeal to the email/postal address provided in Proposer’s RFP response,

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing Supervisor and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP 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 Proposer must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Contractor selection or Contract award decision.

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.

A. THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:

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

COVER SHEET, with introduction of firm and the following:

o 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 1.8(B).

o 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 proposer’s past performance.

PROPOSAL FORM – Section 6 RESPONSE TO MINIMUM QUALFICAITIONS per Section 3 RESPONSE TO ALL EVALUATION CRITERIA listed in Section 4

ATTACHMENT B – BIDDER RESIDENCY INFORMATION

ATTACHMENT C – SUSTAINABILITY QUESTIONNAIRE

FLASH DRIVE COPY – Combine all documents in one pdf file

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP 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: ____

C. MWESB STATUS

EWEB encourages contracting with minority owned, woman owned, and emerging small businesses (MWESB).

The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified.

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

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

D. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR STATUS

The undersigned acknowledges that:

1. Contractor certifies its status as an independent contractor in satisfaction of Oregon law, including ORS 670.600, and shall perform all required Work as an independent contractor. EWEB holds the right (i) to determine the delivery schedule for the Work to be performed and (ii) to evaluate the quality of the completed performance, but EWEB cannot and will not control the means or manner of Contractor’s performance. Contractor is responsible for determining the appropriate means and manner of performing the Work.

2. The parties covenant that Contractor, its Subcontractors, Agents, Officers and Representatives do not qualify as officers, employees, or agents of EWEB as those terms are used in ORS 30.265 nor shall they seek such qualification relating to performance of the Work.

3. Contractor agrees it is responsible for all federal and state taxes or other payments or withholdings applicable to compensation or payments paid to Consultant under this Contract and shall hold EWEB harmless from such financial exposures.

CONTRACT SIGNATURE / EXECUTION

E. ASSURANCES:

The undersigned attests that they:

Have read and understand all instructions, requirements, Addenda, site conditions, and terms and conditions contained herein (including the attachments and exhibits listed in this solicitation).

Have the authority and/or responsibility to submit a 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.

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 proposal, to refrain from proposing, or to change a proposal;

Have not directly or indirectly disclosed the Proposer's proposal 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 proposal price of the Proposer or another Proposer, to fix an overhead, profit or cost element of the proposal 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 proposal;

Contractor, by signing this Proposal Form, represents and warrants that, if awarded, Contractor’s performance under this contract will create no potential or actual conflict of interest, including but not limited to conflicts of interest as defined in ORS 244.020. Contractor further warrants that no state or federal law or EWEB rule will prevent Contractor's lawful performance of an awarded contract. If Contractor is currently performing work for EWEB or another governmental entity, Contractor’s participation in other public contracts will not create a potential or actual conflict of interest in performance of this Contract, if awarded.

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: _____________________________________________________________________________________

RFP CONTACT (if different than above)

RFP Representative_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________

Phone: ____________________________________________________________________________________

Rev. 10-16-12 1

ATTACHMENT A

STANDARD TERMS & CONDITIONS FOR THE PURCHASE OF GOODS

A.1 DEFINITIONS:

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

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

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

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