RFP 23-206-PSC Strategic Asset Management Plan.pdf

Rev 12‐7‐22 Page 1 of 23 RFP #23‐206‐PSC Strategic Asset Management Plan

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Strategic Asset Management Plan Consulting

RFP No.: 23‐206‐PSC Closing Date: November 9, 2023 Time: 02:00 PM PT

Description: EWEB requests proposals from qualified contractors and/or firms with Enterprise Asset Management expertise in the utility industry who are interested in leading an EWEB effort to mature their Asset Management Program in advance of replacing legacy mainframe systems with SAP’s cloud‐based utility Asset Management solution.

Purchasing Contact: Tracy Davis (541) 685‐7468

Pre‐Proposal Conference: None

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

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” tracy.davis@eweb.org

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TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Proposers 4

2 Scope of Work 9

3 Minimum Qualifications and Requirements 12

4 Evaluation Process & Contractor Selection 13

5 Evaluation Criteria 18

6 Proposal Form 20

ATTACHMENTS

C Sustainability Questionnaire

EXHIBITS

1 Sample Contract with Attachment A, Standard Terms and Conditions

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LEGAL ADVERTISEMENT

RFP #23‐206‐PSC

Strategic Asset Management Plan Consulting

The Eugene Water & Electric Board (EWEB) requests proposals from qualified contractors and/or firms with Enterprise Asset Management expertise in the utility industry who are interested in leading an EWEB effort to mature their Asset Management Program in advance of replacing legacy mainframe systems with SAP’s cloud‐ based utility Asset Management solution.

Proposals shall be submitted to Tracy Davis, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before 2:00 PM PT, November 9, 2023. 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 ("OregonBuys"): https://oregonbuys.gov/bso/. (Search for bid #23‐206‐PSC. 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 (EWEB Rule 3‐0470) and may cancel the Request for Proposals or reject any or all proposals pursuant to EWEB Rule 3‐0640.

Date: October 4, 2023

Tracy Davis, Purchasing Analyst

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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.

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

EWEB’S environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, EWEB encourages the Proposer to submit their response using materials (i.e. paper, dividers, binders, brochures, supplemental information, etc.) that contain postconsumer recycled content, are readily recyclable, and to avoid use of PVC and plastic. Proposers are responsible for all costs they may incur in connection with submitting a Proposal.

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 shall be submitted with the proposal and in the required format.

1.3 PROTEST OF SPECIFICATIONS / REQUIREMENTS

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 # 23‐206‐PSC, November 9, 2023 Attn: Tracy Davis, Purchasing 4200 Roosevelt Blvd.

Eugene, Oregon 97402 or via email to tracy.davis@eweb.org.

If by email, insert the following in the subject header: RFP SPECIFICATION PROTEST, RFP #23‐206‐PSC

To be considered, protests shall be received no less than 5 business days before the RFP closing date (per

EW‐3‐0700(2)).

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.

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1.4 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3‐0230(7)(b) Proposers may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions found in the Solicitation, Sample Contract (Exhibit 1), and Standard Terms and Conditions (Attachment A). Proposers may not protest or make a 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.

Terms included with proposal documents will not be considered unless they are specifically stated in the Cover Letter as requested terms to negotiate. Also see Section 5, Evaluation Criteria, Item 5.6.

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.

1.7 RESERVED

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

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

Letter, any Addenda to be acknowledged, one (1) original signature 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 #23‐206‐PSC, November 9, 2023, 2:00 PM PT

Eugene Water & Electric Board/Purchasing 4200 Roosevelt Blvd.

Eugene, OR 97402

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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 will be rejected. EWEB is not responsible for proposals submitted in any manner format or to any delivery point other than as required by the Solicitation document.

(b) REQUIRED PROPOSAL PACKAGE Complete, sign, and return the following documents as bid response. Failing to include these documents could lead to rejection of bid.

• Cover Letter, containing (at a minimum):

Introduction: Include the contact information for the proposed point of contact for the work and proposed project managers. Include a brief history of the firm and brief overview of the firm’s qualifications.

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation, the Sample Contract (Exhibit 1), and the Standard Terms and Conditions (Attachment A). 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 5)

• Proposal Form (Section 6)

• Attachment C – Sustainability Questionnaire

• Hard Copy as detailed in Section 1.8(A)

• Flash Drive 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).

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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 downloaded and are acknowledged in their RFP Response.

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

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

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.

1.12 EXCEPTIONS

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

PROTEST OF SPECIFICATIONS / REQUIREMENTS. 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.

1.12 PROPOSAL OPENING

Unless otherwise provided by Law or Rule, proposals received in response to this Request for Proposals shall be opened at the scheduled closing date and time at the EWEB Purchasing department located at 4200 Roosevelt Blvd, Eugene, Oregon 97402. Proposers who attend the RFP opening shall be informed only of the names of Proposers submitting proposals. No other information shall be available at that time. Award decisions will NOT be made at the opening.

1.13 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.

1.14 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."

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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.

1.15 SCHEDULE OF EVENTS

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

Request for Proposal released October 4, 2023

Last Date for EWEB to receive Protests of Requirements, Questions from Proposers

November 2, 2023

Last day EWEB will post Addenda November 3, 2023

Closing date (last day to submit proposals to EWEB) November 9, 2023

Responses evaluated November 13 ‐ 16

Interviews/Presentations (if required) TBD

Intent to Award Announcement November 16, 2023

Board Approval December 5, 2023

Contract Award December 8, 2023

ANTICIPATED PROJECT SCHEDULE:

Initial core project team discovery & consultation Q1 2024

Core project team training Q1 2024

Strategic Asset Management Objectives, Policy & Plan Development Q1‐3 2024

Executive Team training Q3 2024

General EWEB employee training Q3‐Q4 2024

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2. SCOPE OF WORK / OBJECTIVES

2.1 BACKGROUND /OBJECTIVES

A. EWEB Overview Eugene Water & Electric Board (EWEB) is Oregon’s largest customer‐owned utility. Founded in 1911 and chartered by the city of Eugene as a municipal utility, EWEB provides electricity and water service to approximately 200,000 customers in Lane County, Oregon. Each year, EWEB is responsible for delivering approximately 8.5 billion gallons of drinking water and 2.4 billion kilowatt‐hours of electricity. EWEB accomplishes this by operating and maintaining approximately 1.3 billion dollars’ worth of assets, both vertical and horizontal, in electric generation, electric transmission and distribution, and drinking water infrastructure and systems. EWEB is governed by a five‐member Board of Commissioners elected by the citizens of Eugene, Oregon.

Over the next decade, EWEB will need more resilient and sustainable infrastructure, finances, people, and processes, requiring customer participation in new programs designed to mitigate supply volatility and scarcity, improve resiliency to disruptive events, optimize infrastructure investments, and aid in water and electricity supply decisions. Although the community expectations for drinking water and electricity delivery occur in the same dynamic environment, each utility’s situation is unique and requires distinct strategic elements

EWEB’s mission is to enhance our community's vitality by delivering drinking water and electric services consistent with the values of our customer‐owners; and our vision is to do so while being a local utility that inspires our customers to invest in and rely on us. Our core values are:

• SAFE: We value the physical and psychological health and safety of our workforce and the public, the security and integrity of cyber assets and data, and the protection of our customers’ assets.

• RELIABLE: We value the continuous on‐demand delivery of drinking water and electricity, and the dependability of our response to our customers.

• AFFORDABLE: We value and respect our customer‐owners’ financial resources by making wise investments and controlling costs and rates.

• ENVIRONMENTAL: We value the prudent and sustainable stewardship of the environment and natural resources, including preserving our watershed, and our role in reducing the greenhouse gases (GHGs) contributing to Climate Change.

• COMMUNITY: We value our local governance and obligation to serve our community transparently and equitably.

B. Project Overview EWEB has commenced the EWEB Enterprise Solutions (EES) Program which is a multiple‐year, cross‐ divisional utility initiative to replace or change applications and business processes within EWEB.

At the time of the proposed implementation, EWEB’s legacy systems will have been operating for over 20 years. Implementing new modern technology will enable the capability and agility necessary to meet evolving business and regulatory requirements while also providing enhanced security. The initial replacement of customer and finance technology began in in 2023 and will go in service in 2025. The next phase of implementation includes Enterprise Asset Management which will begin in 2025 and go into service in 2027.

Key drivers for legacy replacement included:

• Technology obsolescence

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New technology platform to meet future business and regulatory requirements

Nimble modern system to meet changing customer expectations

EWEB is initiating this Request for Proposals (RFP) to solicit proposals from qualified contractors and/or firms with Enterprise Asset Management expertise in the utility industry who are interested in leading an EWEB effort to mature their Asset Management Program in advance of replacing legacy mainframe systems, including Oracle Utilities Work & Asset Management, with SAP’s cloud‐based utility Asset Management solution which includes Field Service Management, Service and Asset Manager, and Asset Performance Management. The scope of this RFP includes asset management training and Strategic Asset Management Objectives, Policy and Plan development in advance of SAP Field Service and Asset Management integration.

SAP integration and Strategic Asset Management Plan implementation will be the focus of future project phase(s).

2.2 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start from the date of award, approximately December 8, 2023, and will last approximately through December 31, 2024.

2.3 RESERVED

2.4 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Contractor’s business location and possibly at various EWEB locations, in and around the Eugene area. It is expected that some of the work will be performed remotely as well, depending on the in‐person working considerations at the time of the completion of this work.

EWEB may provide workspace for the contractor and team as may be required to support delivery upon this contract and as necessary for contractor support. This workspace will consist of standard office space with desk, chair, and electrical outlet access. Contractor will be expected to provide own computing hardware and any miscellaneous office supplies.

2.5 SCOPE OF WORK

The primary objective of this contract is for the chosen consultant to lead EWEB in an effort to mature their Asset Management Program in advance of replacing legacy mainframe systems with SAP’s cloud‐based utility Asset Management solution. As part of this response, the respondent should outline their methodology and planned activities to meet this objective by incorporating the tasks below:

Initial Consultation:

EWEB is looking for a consultant with demonstrated success in establishing and/or maturing asset management programs. During the initial consultation, the consultant will be expected to advise EWEB on successful organizational structures and team make‐up for advancing asset management principals and plans considering EWEB’s current and planned future resources. As part of this process, the consultant, in collaboration with EWEB, will need to identify any knowledge gaps/needs, create an action list, and develop a road map and timeline to achieve the remaining tasks.

Training of Core Asset Management Team:

The consultant will be expected to put on a one‐half to one full day training on current Enterprise Asset Management planning and industry best practices. This training shall include successful endeavors as well as lessons learned from challenged endeavors. A secondary goal for this training shall be to inspire a future state of Field Services and Asset Management at EWEB.

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Strategic Asset Management Objectives, Policy and Plan Development:

Following ISO 55000, 55001, and 55002, the consultant will lead the Core Asset Management Team to develop Strategic Asset Management Objectives, Policy, and Plan. These documents must include mobile work aspects and be scaled to the size and complexity of this organization which includes both vertical and horizontal assets utilized in electric generation, electric transmission and distribution, and drinking water production and distribution. These assets cover a wide range of functions including, but not limited to, dams and other water control structures, electric generation facilities, water treatment facilities, transmission lines and mains, substations, pump stations, water storage, service lines, meters, communication towers and equipment, fleet, warehouse, homes/offices/other facilities/property, and information systems hardware (SCADA and Dispatch functions included). While following the cited ISO is important, certification is not.

Training of the Executive Team and general EWEB population:

Once the Strategic Asset Management Objectives, Policy and Plan are developed, the consultant, in collaboration with the Core Asset Management Team, will present these products to the remaining Executive Team members and later to the general EWEB employee population. This training should also bring these employees up to speed on current industry best practices and provide a vision for the future of EWEB asset management and how it can benefit our customers, our utility, and each of us as individual contributors.

2.6 DEMONSTRATION OF KNOWLEDGE

As part of this response, the respondent should demonstrate knowledge within the proposal in the following areas:

Asset management planning and industry best practices including asset inventory, identification of critical infrastructure, condition assessment, and life cycle cost calculations;

Development of level of service goals, key performance indicators, and identification of risks with set targets;

Optimization of investment strategies for Operations & Maintenance (O&M) and Capital funds;

Optimization of Geographic Information Services (Environmental Systems Research Institute) and computerized maintenance management systems;

Electronic O&M procedures and records;

Strategic asset management planning; and Additional project management skills and capabilities that may be applicable to the general scope of these tasks.

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3. MINIMUM QUALIFICATIONS (PASS/FAIL)

Following are the Minimum Qualifications that shall be met by all Proposers.

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. Proposers shall respond to each of the Minimum Qualifications and Requirements in writing, in a brief and concise manner. Please provide responses to Section 3 in an individual document labeled “Minimum Qualifications”.

1. The Proposer must be licensed to do business in the State of Oregon.

2. The Proposer must have ten (10) years of experience consulting utilities in Asset Management. Experience with drinking water, electric generation and electric transmission/distribution utilities is preferred, but gas, telecommunications, and wastewater utility experience or other related utility experience also qualifies.

3. Provide a minimum of three (3) utility references on similar asset management projects. Provide a minimum of one (1) publicly owned / municipal utility who successfully implemented the solution, or a portion of the solution. For each reference, the following information shall be provided:

a. Name of client

b. Description of solution

c. Client contact person who is able to attest for Proposer’s performance, including email address, telephone number, and city/state located in. (This person should be notified by Proposer that EWEB may contact him/her for purposes of checking references.)

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4. EVALUATION PROCESS & CONTRACTOR SELECTION

EWEB intends to use a Multi‐tier evaluation process. In Tier One, a Competitive Range of shortlisted finalists are determined by their qualifications/proposed pricing to fulfill the Work. In Tier Two, interviews/presentations may subsequently be held to determine final award. Additional detail can be found below.

EWEB reserves the right to forego Tier Two activities altogether if an apparent Finalist is determined.

The total number of points possible for written proposals is 130.

Points are assigned as follows:

Criteria Total Possible Points

Tier One Minimum Qualifications Pass/No Pass only Qualifications of Firm 30 Qualifications of Key Staff 30 Project Approach & Understanding 40 Pricing Proposal 20 Acceptance of EWEB’s Terms and Conditions 10

Tier Two (Optional to EWEB)

Interviews/presentations (to be determined) Points are finalized

TOTAL POSSIBLE SCORE 130

4.1. 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.

4.2. 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 a Proposer does so, the Purchasing Contact may determine the proposal to be a non‐responsive counteroffer 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, Rev 12‐7‐22 Page 14 of 23 RFP #23‐206‐PSC 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.

4.3. References

EWEB reserves the right to request and 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.

4.4. 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.

4.5. 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.

4.6. Evaluation Process

A multi‐tiered process will be used for this RFP. Proposals will be evaluated and shortlisted for up to XX

Proposers or at a natural break in scores. EWEB reserves the right to conduct interviews/presentations to further refine scores. Proposals will be ranked from highest score to lowest.

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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) Any combination of methods described in this section.

4.7. Interviews/Presentations

Should a Multi‐tiered process be used, the outcome of the written proposal evaluations in Tier One may result in placement on a short list of finalists. EWEB may invite up to three (3) of the highest‐ranked firms (or at a natural break in scoring) to interview / present. Each Proposer’s key persons, as identified by EWEB, shall be prepared to attend the interview within five (5) business days of notification by EWEB, and shall be provided with information regarding what to prepare for.

Upon completion of interviews/presentations, points awarded for the written scores will be reviewed and finalized.

4.8. 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 Proposals 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 scoring will be awarded the Contract.

4.9. Notice of Intent to Award

After the completion of the evaluation and final 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 (“Highest Ranked Proposer” or “Finalist”).

4.10. Contract Negotiation

Upon announcement of Intent to Award, EWEB will begin negotiating a Contract with the Highest Ranked Proposer and shall conduct 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 resulting in the final Contract.

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

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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 does 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.

4.11. 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).

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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.

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5. 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.

5.1. Minimum Qualifications (0 points)

Response to the Minimum Qualifications will not receive point values, but shall be evaluated on a Pass/No Pass basis. Submittals that substantially meet all of the minimum qualifications will go on to be further evaluated and considered for award. Proposers submitting Proposals that meet the minimum qualifications are called “Responsive Proposers” and their Proposals are called “Responsive Proposals”.

5.2. Qualifications of Firm (30 points)

Provide an overall description of relevant project experience while demonstrating a high level of expertise for developing an asset management program specifically for each category listed in the preliminary requested services (Section 2). List projects of a similar nature that have been recently completed or that are currently in progress. Identify specific roles of the proposed project team in those projects. Identify key project components, risks, format used for reaching consensus, and other key project components for successful program development. Include when the work was completed, name and contact information of the Owner, and approximate size of the organization. EWEB intends to investigate the qualifications of Proposers, including but not limited to successful performance of similar services; compliance with contractual obligations; its completion or delivery of services on schedule; and its lawful payment of subconsultants. EWEB may request references in addition to those provided by the Proposer, may investigate any references whether or not furnished by the Proposer, and may investigate the past performance of any Proposer.

5.3. Qualifications of Key Staff (30 points)

Provide an organizational chart that identifies key staff and their proposed roles for this project. Provide a description of expertise for key staff including qualifications and relevant project experience. Identify proposed project manager(s), and Task Lead (s), including their experience with each aspect of the requested services described in Sections 2.5 and 2.6. Describe availability of key staff and other current time commitments throughout the expected duration of the project. Resumes and additional qualifications may be included as an appendix to the Statement.

5.4. Project Approach and Understanding (40 points)

Describe the approach the proposer will use to develop an acceptable project scope and then implement it to achieve EWEB’s Asset Management objectives described in Sections 2.5 and 2.6.. Identify those elements deemed as having the highest risk to the schedule or to the overall success of the project, along with proposed mitigation strategies. Identify how stakeholder involvement and other important elements of successful project completion will fit into the schedule.

5.5. Pricing Proposals (20 Points)

EWEB understands that the tasks and the number of hours to complete each task may vary depending on the work requested. To the best of your ability, identify tasks associated with similar projects and base the number of hours on similar projects your firm has performed. Increases or decreases in the number of hours needed to perform actual EWEB tasks will be based on the hourly rates provided herein.

a. Provide details of estimated hours, staff positions and hourly rates to determine a final not‐to‐ exceed project fee for each phase of the project. Subtotal between the major areas of work to match project approach.

b. Provide a breakdown and total not‐to‐exceed dollar amount for all anticipated expenses (travel, per‐diem, etc.) to be reimbursed by EWEB during the term of the Contract. EWEB will not reimburse

Rev 12‐7‐22 Page 19 of 23 RFP #23‐206‐PSC in excess of the federal per diem rates posted at https://www.gsa.gov/travel‐resources at the time of travel.

c. Provide an hourly rate schedule to be the basis for the rates if EWEB negotiates an extended Scope of Work for the services.

d. Provide a total cost that equals the sum of all estimated project phase costs and any other costs.

This total cost will be evaluated as ‘X’, as defined in the formula below.

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

A = Total Possible points = 10 L = Lowest cost proposed X = Cost being scored B = Awarded Score

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

Example: If A = 10 Points, L = $80,000; X = $100,000; then: $80,000 / $100,000 x 10 = 8 points

EWEB is not obligated to award a contract to the lowest priced proposal but may accept the Proposal EWEB determines provides the best overall value to EWEB based upon the totality of these Evaluation Criteria.

5.6. Acceptance of EWEB Contractual Terms and Conditions (10 Points) Proposers who accept ALL contractual terms and conditions found in the Sample Contract (Exhibit 1), and Standard Terms and Conditions (Attachment A), shall state so in the Cover Letter of their response.

Pursuant to Section 1.4, Proposers may propose changes to the contractual terms and conditions. Revisions must be specifically stated in the Cover Letter. Proposed changes will be scored in this Request for Proposal process and will contribute to Proposer’s final score. Accordingly, proposals that do not modify EWEB’s contractual terms and conditions will receive a higher score in this category than proposals that contain numerous changes. Significant deviation from EWEB’s contractual terms and conditions may result in a score of zero or Proposer may be deemed non‐responsive.

EWEB reserves the right to negotiate the proposed contractual terms and conditions with Proposers, if shortlisted, and either accept or reject the proposed contractual terms and conditions. EWEB WILL NOT ACCEPT PROPOSER’S BLANKET CONTRACT AND/OR TERMS AND CONDITIONS. SUBMITTING THEM MAY BE DEEMED AS NON‐RESPONSIVE. NO PROPOSED TERMS AND CONDITIONS SHALL BECOME PART OF THE

AWARDED CONTRACT UNLESS ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT.

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6. 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 and tabs should be used to identify required information.

A. PROPOSAL PACKAGE

RETURN THE FOLLOWING WITH YOUR RFP RESPONSE, PER SECTION 1.8(B):

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

COVER LETTER containing (at a minimum):

o Introduction: Include the contact information for the proposed point of contact for the work and proposed project managers. Include a brief history of the firm and brief overview of the firm’s qualifications.

o Contractual Acceptance: Statement accepting ALL terms and conditions contained in the Solicitation, Sample Contract (Exhibit 1), and Standard Terms and Conditions (Attachment A).

Proposers may include proposed revisions to the contractual terms and conditions as allowed per Section 1.4. Revisions must be specifically stated in the Cover Letter.

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.