RFP 24-045-G Fire Retardant Apparel.pdf

RFP 24-045-G / Fire Retardant Apparel 1

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Fire Retardant Apparel

RFP No.: 24-045-G Closing Date: March 26, 2024 Time: 02:00 PM PT

Description: Fire Retardant Apparel

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

Pre-Proposal Conference: NO

This is a COMPETITIVE SEALED PROCUREMENT.

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”

RFP 24-045-G / Fire Retardant Apparel 2

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Proposers 4

2 Scope of Work / Technical Specifications 9

3 Evaluation Process & Contractor Selection 17

4 Evaluation Criteria 21

5 Proposal Form 23

ATTACHMENTS

A Recycled Products / Sustainability Questionnaire 27

EXHIBITS

1 Sample Contract 28

2 Price Sheet 43

3 EWEB Logo Placement 50

RFP 24-045-G / Fire Retardant Apparel 3

LEGAL ADVERTISEMENT

RFP #24-045-G

FIRE RETARDANT APPAREL

The Eugene Water & Electric Board (EWEB) requests proposals from companies interested in providing fire retardant apparel as need and ordered by EWEB. EWEB’s intend is to award one Contract for all items; however, EWEB may award multiple Contracts on a per-item basis, if it is in the best interest of EWEB.

Proposals shall be submitted to Kristin Kokkeler, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 02:00 PM PT, March 26, 2024. 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 #24-045-G. 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: February 23, 2024

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

RFP 24-045-G / Fire Retardant Apparel 4

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.

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, via email, to kristin.kokkeler@eweb.orb. Insert the following in the subject header: RFP SPECIFICATION PROTEST, RFP # 24-045-G.

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.

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 in the MS Word Sample Contract (Exhibit 1) and the Scope of Work stated in this RFP document. 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 Proposer’s proposal documents will not be considered unless they are listed in the Cover Letter as requested terms to negotiate.

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 mailto:kristin.kokkeler@eweb.orb

RFP 24-045-G / Fire Retardant Apparel 5 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 USE OF BRAND OR TRADE NAMES

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

1.8 ALTERNATE BRAND

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

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

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

PROPOSAL SUBMISSION

1.9 PROPOSAL SUBMISSION

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

Letter introducing your company, any Addenda to be acknowledged, one (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 #24-045-G, MARCH 26, 2024, 02:00 PM PT

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 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

RFP 24-045-G / Fire Retardant Apparel 6

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

• Cover Letter, 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 1.5.

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 5)

• Response to All Evaluation Criteria (Section 4)

• Attachment C – Recycled Products / Sustainability Questionnaire

• Exhibit 2 – Price Sheet

• All posted addenda acknowledged

(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).

1.10 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 will send Addenda to registered Proposers via e-mail.

1.11 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.

https://oregonbuys.gov/bso/

RFP 24-045-G / Fire Retardant Apparel 7

1.12 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 1.5 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.

1.14 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.

1.15 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.

1.16 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

1.17 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 February 23, 2024

Last Date for EWEB to receive Protests of Requirements/Specifications March 1, 2024

Last day for EWEB to receive questions from Proposers March 15, 2024

Last day EWEB will post Addenda March 19, 2024

Closing date (last day to submit proposals to EWEB) March 26, 2024

RFP 24-045-G / Fire Retardant Apparel 8

Responses evaluated March 27- April 10, Intent to Award Announcement April 11, 2024

Board Approval May 7, 2024

Contract Award TBD

RFP 24-045-G / Fire Retardant Apparel 9

2. TECHNICAL SPECIFICATIONS / SCOPE OF WORK

2.1 BACKGROUND /OBJECTIVES

EWEB desires to enter into a contract with a vendor for the purchase of new fire retardant apparel that is durable, comfortable, has a long wear life, breath ability, and ease of fit and meets all of EWEB’s requirements.

The successful Bidder shall provide and manage an employee based, managed apparel program that ensures all apparel conforms to ASTM F 1506-02a Standards and meets NFPA 70 E 2012, or most current edition, Hazard Risk Categories as described in Section 5.2, and is ANSI/ISEA 107-2010 compliant Class 2 apparel as applicable.

EWEB currently purchases per year approximately $60,000 of fire retardant apparel. This figure is intended to serve only as an estimate and is not to be construed as a guarantee.

ESTIMATES NOT BINDING: Any estimates or other information provided by EWEB regarding this purchase is for informational purposes only and shall not be relied upon by any Proposer.

By submitting a proposal, Proposer assumes all risk of personally investigating the conditions relating to the performance of this contract. EWEB neither represents nor warrants the accuracy of any estimate or information; and Proposers agree to bear exclusive responsibility for, and to accept all risks associated with their estimates of the reasonable costs of the performance of this contract.

2.2 MINIMUM TECHNICAL REQUIREMENTS

Contractor shall provide new/unused current product that meets or exceeds the following minimum technical requirements:

a. ASTM F 1506-02a STANDARDS All proposed apparel (except gear bag and hood bag) must be manufactured, tested, and furnished according to the latest edition, revision, or amendment to the applicable standards of ASTM F 1506- 02a: Standard Performance Specification for textile Material for Wearing Apparel for use by Electrical Workers exposed to Momentary Electric Arc and Related Thermal Hazards.

b. NFPA 70E 2004 HAZARD RISK CATEGORIES All proposed apparel (except gear bag and hood bag) shall be provided to meet or exceed NFPA 70E 2012, or most current edition, Hazard Risk Categories (HRC) 1 through 4:

• Long sleeved fire retardant shirts with a minimum ATPV of 4 cal/sq cm

• Fire retardant coveralls with a minimum of HRC of 4, preferably 8 cal/sq cm or greater

• Fire retardant pants and long sleeved shirt to use in place of the coveralls – minimum ATPV of 8 cal/sq cm or greater

• Face shield and hard hat with a minimum ATPV of 8 cal/sq cm

• Flash suit or equivalent overalls and jacket with minimum ATPV of 25 cal/sq cm

• Flash suit hood with minimum ATPV of 25 cal/sq cm

• Fire retardant hard hat liner with minimum ATPV of 4 cal/sq cm

c. CLASS 2 HIGH-VISIBILITY APPAREL ANSI/ISEA 107-2010 compliant Class 2 apparel provides torso coverage of a minimum of 755 sq. in. of background material and 201 sq. in. of retro-reflective material. Class 2 apparel must have both background and retro-reflective material.

d. LABELING All items shall be affixed with a permanent label that clearly states the ATPV rating and associated NFPA 70E Hazard Risk Category.

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2.3 REGULATORY RELATED CONSIDERATIONS

The current High-Visibility standard is set by the American National Standards Institute (ANSI/ISEA 107-2020). This is also the standard referenced by the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) and what OR-OSHA will use to enforce under the General Duty Clause, Section 5a (1). EWEB does have staff that will be required to wear High-Visibility clothing when flagging, exposed to vehicle traffic, near excavations, in the right-of-way and working in construction zones. ANSI/ISEA 107-2020 is a performance-based code and as such has specific requirements that must be met by the garments to be considered either Class 1, Class 2 or Class 3.

EWEB working conditions will require at a minimum Class 2 and in some cases Class 3 (night and highway speed traffic). Additionally, three standard types are designated as Type O (off-road), Type R (roadway), Type P (public safety). EWEB is Type R under the ANSI/ISEA 107-2020 standard. High- Visibility clothing that requires an additional Flame Retardant (FR) designation is evaluated under the American Society for Testing and Materials (ASTM) and that designation is then required to be labeled on the garment.

EWEB must meet the direction in the MUTCD 11th edition Section 6C.05 High-Visibility Safety Apparel, which states “The apparel background (outer) material color shall be fluorescent orange-red, fluorescent yellow-green, or a combination of the two as defined in the ANSI standard.”

2.4 OTHER CONSIDERATIONS

While not a regulatory requirement, EWEB logos on our work apparel are an important part of identifying our workforce while in the community. Being easily identifiable as EWEB employees contributes to their physical well-being during times of emergency and their emotional safety through inclusion and pride of public service. Logo requirements should follow the standard (EWEB logo requirements) but must not be placed over the retroreflective portion of any High-Visibility garment.

2.5 CONTACT PERSON

Contractor shall designate one or more persons responsible for Contractor's work under this Contract.

Contractor shall provide EWEB the names, addresses and telephone numbers of such person(s) and shall keep this information current at all times. The representative shall be thoroughly familiar with the terms of the Contract and shall have the technical knowledge to perform the work.

The Contractor shall address all customer service questions or issues within two (2) business days of receipt of notification. The Contractor will make every reasonable attempt to resolve issues as quickly as possible and maintain continuous communication with EWEB until issue is fully resolved.

2.6 METHOD OF ORDERING

EWEB will place orders through an online ordering portal which reflects only apparel that has been approved by EWEB and is included in this Contract. The link to this site will be emailed to the Contractor.

Contractor shall update and keep the site current so it will reflect the most current contract pricing. The Contract Administrator must approve any changes made to the site prior to use.

Contractor shall include shipping charges on the online ordering portal.

Purchase of product will be made using a Purchase Order, which will be entered on online ordering portal.

All EWEB orders must have the EWEB Supervisor approval prior to Contractor filling or completing order.

Contractor shall provide an individual delivery system whereby each employee is treated as an individual customer with regard to purchase, individual packaging, returns and exchanges, and repair transactions.

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2.7 CATALOG

Contractor shall prepare and provide a custom catalog. The catalog shall include only items included in the Contract. The relevant product information included in the catalog shall include description, size range, color, fabric content, and care/wash instructions. Contractor shall create the custom color catalogs for easy downloading and printing, possibly from EWEB’s intranet site, and preferably in PDF format. Catalog updates shall be at least conducted twice a year, including inventory usage, additions of new items and removal of discontinued items.

2.8 MEASUREMENTS

EWEB Contract Administrator may contact Contractor to request and schedule measurement(s) of EWEB employee(s) at the beginning of the contract for current employees and as needed for new employees.

Contractor shall schedule and complete measurements within seven (7) calendar days of receipt of request, or at such later date as agreed to by EWEB Contractor Administrator. Measurements shall be performed on site at EWEB locations designated by EWEB Contract Administrator.

Contractor shall provide sizing charts.

2.9 EMBROIDERY

Items marked with “YES” under the “Embroidered EWEB Logo” column under Section 2.19 Schedule of Items, Products shall be shipped with the EWEB logo embroidered per the attached Exhibit A. No embroidery will be done on an item where the embroidery would be over a reflective part of the garment.

All embroidery shall be of fire retardant thread (conforms to ASTM F 1506-02a Standards and meets NFPA 70 E 2012, or most current edition, Hazard Risk Categories as described in Section 5) and the embroidery color shall be navy blue on light colored items (with the exception of gray colored items), black on gray colored items, and white on dark colored items.”

2.10 ORDER TRACKING

Contractor shall keep a record of all employees, what each individual employee has purchased and all apparel returns. Records shall be kept in an electronic format, preferably in Excel format. Purchases will be tracked by employee number. The EWEB Contract Administrator and Supervisors of ordering EWEB individuals may request record of individual employees’ purchases. Contractor will respond to record requests within 2 working days of request from EWEB. Records will be kept by Contractor for 1 year after contract termination.

2.11 DELIVERY

All items shall be delivered within 30 days of receipt of order. All deliveries shall be made to the address listed on the order form provided by each EWEB employee. Each order will be charged the shipping charges listed on the order form. These shipping orders are per individual order, not group orders.

Contractor shall provide separate care/washing instructions with each order delivered.

2.12 PACKING SLIP

Contractor shall provide an itemized delivery/packing slip with each order. Packing slip shall include, at a minimum, the employee name, ID#, items ordered, shipped and back ordered quantities, and value of the order (itemized per item). Backorder item will show an expected ship date. The packing slip shall include a comprehensive return form.

2.13 UNIT PRICE

Contractor shall include all costs for embroidery and all other costs, with the exception of shipping, in their unit prices. Unit cost shall be the same for all sizes small – 5XL and for any longs or talls.

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2.14 PRICING AND BILLING

Pricing shall be per unit as specified on the Section 6 Bid Form. Prices shall remain firm for the contract term, including shipping charges listed on Bid Form. Changes in unit prices and shipping charges can be considered by EWEB in accordance with Section 2.3 above.

Contractor shall invoice EWEB upon delivery and receipt of each order from EWEB. Each invoice shall be itemized and shall include the following information at a minimum:

a. Purchase Order number (Purchase Order number must match the PO# entered on each order/EWEB may not always use the same PO#);

b. part #, name of employee ordered for, and quantity of all products included on invoice;

c. shipping charges;

d. unit price and extended total; and

e. total amount invoiced

Payment will be made by EWEB in accordance to Attachment A Section A.9: “EWEB will make payment to Contractor for all undisputed amounts in accordance with its regular payment terms: Net 30 days after acceptance of goods and receipt of a valid invoice.”

2.15 USAGE GUARANTEES

EWEB does not guarantee the usage of this contract. Contractor understands that the pricing quoted to EWEB is not based on any minimum quantity purchased throughout the year or term of the contract.

2.16 PRODUCT RETURNS

Contractor offers EWEB employees the option to return garments to Contractor up to 60 days after receipt of an order, per the following:

1. Contractor accepts returns on unwashed, unworn, unaltered items for any reason within 60 days of receipt of an order.

2. Contractor shall accept returns for any items that have excessive shrinkage within the first two washings.

3. Contractor shall track all embroidered items returned, and will utilize returned items to fill future orders for the same items for EWEB.

4. Annually for the life of the contract, Contractor shall submit a report of unsold returned inventory balances.

5. EWEB shall purchase embroidered inventory in the event that the EWEB-issued logo changes or if garment is removed from the program.

6. As soon as an item described in (5) above is identified, Contractor shall ship the item as a non-allowance bulk/stock order.

7. Upon any contract termination, Contractor shall provide EWEB with the consignment items and EWEB shall purchase these items at the current contract price.

Contractor shall promptly process all returns and credit invoices.

2.17 PRODUCT GUARANTEES

Contractor guarantees all products to be free from manufacturing defects for the useful life of the product.

Contractor will replace or repair, at no charge to EWEB, any item determined to have a manufacturing or fabric defect. If item repaired, item must be repaired to like new condition.

2.18 COMPLAINTS/PROBLEMS

Contractor shall respond to all complaints, including all warranty issues, within forty-eight (48) business hours of receipt of complaint with a reasonable and acceptable solution. Contractor shall rectify within ten

(10) calendar days of said notice any problem that they are made aware of.

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2.19 SCHEDULE OF ITEMS

Below is the list of fire retardant apparel and specifications. Any brand or trade names used by EWEB in bid specifications are for the purpose of describing and establishing the standard of quality, see Section 1.9 Use of Brand or Trade Names.

Item # Tyndale Part # Description Color Embroidered

EWEB Logo

1 F03SY

NSA or equal; HI-VIS LONG SLEEVE T-SHIRT; 7.75 oz.

Modacrylic Cotton; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant;

Lightweight and breathable construction; Segmented hi-vis striping; LONG SIZES ONLY; Flash Fire Rated Arc Rating:

10 / CAT 2

Fluorescent Yellow Yes

2 F034Y

NSA or equal; HI-VIS LONG SLEEVE T-SHIRT; 7.75 oz.

Modacrylic Cotton Hi-Vis Jersey Knit; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; Soft-to-the-touch feel that wicks away moisture;

Segmented striping conform to the garment; Flash Fire Rated; Arc Rating: 10 / CAT 2

Fluorescent Yellow Yes

3 F02HY

NSA or equal; HI-VIS HYBRID LONG SLEEVE T-SHIRT;

7.5 oz Upper Body/ Lower Body:6.5 oz; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; 3M™ Scotchlite™ FR silver segmented material; Lightweight &breathable; 360 degree visibility; Non-restricting cut for easy range of motion;

Darker fabric used in high dirt and grime areas; Arc Rating:

Yellow: 10 Cal / CAT:2;

Flash Fire Rated; Arc Rating: 9.8 / CAT 2

Fluorescent Yellow Yes

4 F039Y

NSA or equal; HI-VIS DUAL ACTION T-SHIRT; 7.75 oz Modacrylic Cotton; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant;

Moisture wicking and fast drying; segmented reflective taping; flash fire rated; Arc Rating 10 / CAT 2

Fluorescent Yellow Yes

5 F15LY

DriFire or equal; HI-VISIBILITY BUTTON DOWN WORK SHIRT; 6.5 oz Modacrylic Blend; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; Button Down Collar; 2 chest pockets, button down flap; 2 button closure on cuffs; Flash Fire Rated – Meets NFPA 2112; Arc Rating 12.1 / CAT 2. Tall Sizes Only

Fluorescent Yellow Yes

6 F190Y

NSA or equal; HI-VIS WORK SHIRT; 6.5 oz Woven Modacrylic Blend; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; 360 degree visibility; Anti-microbial fabric to resist odors; 3M Scotchlite FR silver segmented material; left front chest pocket; Flash Fire Rated – Meets NFPA 2112; Arc Rating:

8.9 / CAT 2

Fluorescent Yellow Yes

7 F150Y

DriFire or equal; HI-VIS UTILITY SHIRT; 6.5 oz Modacrylic Blend; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; Button Down Collar;

2 chest pockets, button down flag; 2 button closure on cuffs;

Flash Fire Rated; Arc Rating: 12.1 / CAT 2

Fluorescent Yellow Yes

RFP 24-045-G / Fire Retardant Apparel 14

8 F290T

Tyndale or equal; BROKEN-IN RELAXED JEANS; 14 oz FRMC® Denim; INHERENTLY FLAME RESISTANT FABRIC; Waist fits "True to size" across waistline; Relaxed in seat and thighs; Triple needle construction; Standard five pocket with side rule pocket; Exterior Tyndale FR, arc rating, and CAT labels; Flash Fire Rated - Meets NFPA 2112; Arc Rating: 15.3 / CAT 2

Denim No

9 J290C

Carhartt or equal; DENIM DUNGAREE; 11.75oz 100% FR Cotton Denim Slightly sits below natural waist Full seat and thighs; Multiple tool and utility pockets; 19” leg openings fit over boots; Triple stitched main seams; Flash Fire Rated - Meets NFPA 2112; Arc Rating: 16 / CAT 2

Denim No

10 K290C

Carhartt or equal; MEN'S FRC ORIGINAL LOOSE FIT CANVAS JEAN; 8.5 oz. FR Canvas: 88%Cotton, 12%High- Tenacity Nylon; Loose seat and thighs; Button closure at waist;

Cell phone and utility pocket; 19" Leg openings fit over work Boots; Flash Fire Rated - Meets NFPA 2112; Arc Rating:

12.1 / CAT 2

Khaki, Moss, Navy

Blue No

11 K295C

Carhartt or equal; WASHED DUCK WORK DUNGAREE PANT; 11 oz. 88% Cotton / 12% Nylon; Full seat and thigh;

Hammer loop and brass zipper with Nomex zipper tape;

Multiple tool and utility pockets, two reinforced back pockets;

Straight leg opening fit over work boots; Flash Fire Rated - Meets NFPA 2112; Arc Rating: 15 / CAT 2

Brown No

12 J23BY

Ariat or equal; LOWRISE BOOT CUT M4 JEAN; 13 oz 100% FR Cotton Denim, Low rise & Boot cut; Dark wash and light hand sanding & tacking for work look; Flash Fire Rated – Meets NFPA 2112; Arc Rating 20 / CAT 2

Flint, Shale No

13 U400R

Rangewear or equal; COVERALL WITH LEG ZIPPERS; 9 oz Ultra Soft Twill; side vents; single needle stitched; non-conductive leg zipper with protective flap to knee; multiple tool and utility pockets; Flash Fire Rated – Meets NFPA 2112; Arc Rating: 12.4 / CAT 2

Navy Blue Yes

14 J500C Carhartt or equal; UNLINED DUCK BIB OVERALL; 13 oz FR 100% Cotton Duck; Chap style double front; leg zip to knee; multiple tool & utility pockets; Flash Fire Rated – Meets NFPA 2112; Arc Rating: 16 / CAT 2

Brown No

15 M640B

Bulwark or equal; HI-VIS LINED BOMBER JACKET;

OuterShell and Lining: 7oz Modacrylic Blend; Inherently fire resistant fabric; High Visibility: ANSI 107 Class 3 compliant;

Zipper with storm flap and stand up collar; Two front patch pockets with flaps; Optional Liners; Flash Fire Rated: Meets NFPA 2112; Arc Rating: 31/CAT 3

Fluorescent Yellow Yes

16 F640Y

NSA or equal; HYBRID EXTREME BOMBER; 8.3 oz.

Extreme Weather; FR Zip Front Closure; 3M Scotchlite FR Silber Segmented Material; Left cargo chest pocket; water repellent exterior; inner left chest pocket; dark fabric in typical high dirt and grime areas; Flash Fire Rated – Meets NFPA 2112; ANSI 107 Class 3 compliant; Arc Rating:

11/CAT2

Fluorescent Yellow Yes

RFP 24-045-G / Fire Retardant Apparel 15

17 F66AY

DriFire or equal; Outershell: 7 oz. Moisture repellant Modacrylic Blend/Lining: 7 oz. Moisture Wicking Modacrylic Blend; Mock turtleneck collar with covered zipper for no-rub comfort; Heavyduty Vision ® zipper front closure with pull tab; Outside zipper chest pocket with pull tab; D-Ring opening for harness; Wide-side pockets for easy access when wearing gloves; Thumbhole cuffs; Loop clip tab on left chest for communication radio mic; High Visibility – ANSI 107 Class 3 compliant; Arc Rating: 33/CAT 3

Fluorescent Yellow Yes

18 K690T

Tyndale or equal; HEAVYWEIGHT VEST; Outershell:

11oz. FR 88% Cotton/ 12% Nylon Duck; Lining: 12oz Moda- Quilt; Rib knit collar; External rear kidney flap; Two front patch pockets &two inside pockets; Exterior Tyndale FR, arc rating, and CAT labels; Flash Fire Rated - Meets NFPA 2112 Arc Rating: 43.8 / CAT 4

Brown, Navy Blue Yes

19 F775Y

NSA or equal; HI-VIS HOODED ZIP-FRONT SWEATSHIRT;

10.5oz 75% Modacrylic 25% Viscose; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; Two front pockets; Rib knit waistband and cuffs;

2" Silver reflective segmented trim; Flash Fire Rated; Arc Rating: 20 / CAT 2

Fluorescent Yellow Yes

20 F767Y

NSA or equal; HI-VIS HOODED PULLOVER SWEATSHIRT; 10.5oz 75% Modacrylic 25% Viscose;

INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; 2" Silver reflective segmented trim; Hooded pullover style; One large front pocket; Flash Fire Rated; Arc Rating: 20 / CAT 2

Fluorescent Yellow Yes

21 K839Y

NSA ARCGUARD ® COMPLIANCE™or equal; NSA ARCGUARD ® COMPLIANCE™ COAT; Multi-Layered 9 oz ArcGuard; Velcro front closure; Nomex knit wrists; Should be worn with bib overalls; Flash Fire rated; Arc Rating: 40 / CAT

Navy Blue Yes

22 K869Y

NSA ARCGUARD ® COMPLIANCE™or equal; NSA ARCGUARD ® COMPLIANCE™ BIB OVERALL; Double Layered 9 oz Amtex; Adjustable shoulder straps and two pass thru pockets; FR velcro lower leg gussets; To be worn with short coat; Flash Fire Rated; Arc Rating: 40 / CAT 4

Navy Blue

23 K817Y NSA ARCGUARD ® COMPLIANCE™or equal; Hood with Fan; Double Layered 9 oz Amtex; Arc resistant light green dual lens face shield; Two side fans powered by 9 volt batteries; Flash Fire Rated; Arc Rating: 40 / CAT 4

Navy Blue

24 M957T

Tyndale or equal; DOUBLE PLY BALACLAVA; 7.8 oz

FRMC®; INHERENTLY FLAME RESISTANT FABRIC;

Designed to be worn under a hard hat; Full head and neck protection; Face mask pulls down below chin when not in use; Flat lock stitching; Arc Rating: 41 / CAT 4

Navy Blue

25 F02DY

NSA or equal; WOMEN’S HI-VIS LONG SLEEVE T-SHIRT;

7.5 oz. Modacrylic Blend; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; 3M Hi-Vis Segmented reflective taping; Flash Fire Rated; Arc Rating: 10 / CAT 2

Fluorescent Yellow Yes

26 F293T

Tyndale or equal; WOMEN’S BROKEN-IN RELAXED JEANS; 14 oz FRMC® Denim; INHERENTLY FLAME RESISTANT FABRIC; Sits 1” below natural waistline; Triple needle construction; Standard five pocket with side rule pocket, fits over boot; Exterior Tyndale FR, arc rating, and CAT labels; Flash Fire Rated - Meets NFPA 2112; Arc Rating: 15.3 / CAT 2

Denim

RFP 24-045-G / Fire Retardant Apparel 16

27 J233T

Tyndale or equal; WOMEN’S CLASSIC WORK JEAN;

14.75 oz 100% FR Cotton; Sits 1” below natural waistline;

Button closure at waist & standard five pockets;Exterior Tyndale FR, arc rating, and CAT labels; Flash Fire Rated - Meets NFPA 2112; Arc Rating: 23.8 / CAT 2

Denim

28 U403R

Rangewear or equal; WOMEN’S UNLINED COVERALL; 9 oz Ultra Soft Twill; side vents; single needle stitched; non-conductive leg zipper with protective flap to knee; multiple tool and utility pockets; Flash Fire Rated – Meets NFPA 2112; Arc Rating: 12.4 / CAT 2

Navy Blue Yes

29 F773Y

NSA or equal; WOMEN’S HI-VIS HOODED ZIP-UP; 10.5oz 75% Modacrylic / 25% Viscose; INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; Reinforced pockets; Rib knit waistband and cuffs;

2" Silver reflective segmented trim; Flash Fire Rated; Arc Rating: 20 / CAT 2

Fluorescent Yellow Yes

30 F763Y

NSA or equal; WOMEN’S HI-VIS HOODED PULLOVER SWEATSHIRT; 10.5oz 75% Modacrylic / 25% Viscose;

INHERENTLY FLAME RESISTANT FABRIC; High Visibility - ANSI 107 Class 3 compliant; 2" Silver reflective segmented trim; Reinforced pockets; Rib knit waistband and cuffs; Flash Fire Rated; Arc Rating: 20 / CAT 2

Fluorescent Yellow Yes

31 Q8A0Y

Paulson or equal; ARC GOGGLE; Hard coated outer lens w/ antifog inner lens; Silicone frame with strap that adjusts to-fit; Accommodates prescription glasses; No safety glasses needed; Meets NFPA 70E &ANSI Z87.1; Arc Rating:

38.2 / HRC: 3

Black

32 S9NAO NSA or equal; GEAR BAG; 100% Nylon; Zipper enclosure;

14”x14”x18”; To read “GEAR BAG” in white block lettering Royal Blue

33 S9NZY NSA or equal; HOOD BAG: 12 oz 100% cotton; drawstring closure Khaki

RFP 24-045-G / Fire Retardant Apparel 17

3. EVALUATION PROCESS & CONTRACTOR SELECTION

EWEB intends to use a Single-tier evaluation process where award is based on written evaluation response and price; interviews are not held. Further details follow.

The total number of points possible for written proposals is 100.

Points are assigned as follows:

Criteria Total Possible Points

Tier One

Company Experience 20 Customer Service Operations 25 References 10 Garment Quality (Samples) 25 Pricing Proposal 20

TOTAL POSSIBLE SCORE 100

3.1 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.

3.2 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.

RFP 24-045-G / Fire Retardant Apparel 18

3.3 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.

3.4 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.

3.5 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.

3.6 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.

RFP 24-045-G / Fire Retardant Apparel 19

3.7 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”).

3.8 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.

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.

3.9 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.

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

RFP 24-045-G / Fire Retardant Apparel 20 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…