RFP 24-065-Q / As-Needed Electrical Design Services 1

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

As-Needed Electric Distribution Design Services

A&E

RFP No.: 24-065-Q Closing Date: April 26, 2024 Time: 02:00 PM PT

Description: Provide as-needed Electric Distribution Design Services

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

Pre-Proposal Conference: NO

This is a COMPETITIVE SEALED PROCUREMENT. ELECTRONIC PROPOSALS ARE ENCOURAGED.

SEALED PROPOSALS will be received until the closing date and time noted above, either electronically on the OregonBuys website, or to 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 electronically on the OregonBuys website, or if in person, 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 on the OregonBuys website, through direct letters or the Addendum process.

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

RFP 24-065-Q / As-Needed Electrical Design Services 2

TABLE OF CONTENTS

Section Description

Legal Advertisement

1 Instructions to Proposers

2 Statement of Services

3 Evaluation Process & Proposer Selection

4 Evaluation Criteria

5 Proposal Form

ATTACHMENTS

C Sustainability Questionnaire

E Certification Regarding Lobbying

EXHIBITS

Sample Contract EWEB Design Specifications Work Request Template Design and Design Inventory Report Sample EWEB’s Remote and Mobile Access Policy

RFP 24-065-Q / As-Needed Electrical Design Services 3

LEGAL ADVERTISEMENT

RFP #24-065-Q

As-Needed Electric Distribution Design Services

The Eugene Water & Electric Board (EWEB) requests proposals from engineering consulting firms interested in providing electric distribution design services on as-needed basis.

These services may be funded in whole or in part by the Federal Emergency Management Agency (FEMA) Public Assistance Program.

Proposals shall be submitted on the State of Oregon - OregonBuys website (https://oregonbuys.gov/bso/), or to Kristin Kokkeler, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 02:00 PM PT, April 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 ("Oregon Buys"): https://oregonbuys.gov/bso/. (Search for bid # 24-065-Q. 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); may cancel the Request for Proposals; and may reject any or all proposals pursuant to EWEB Rule 3-0640.

Date: March 26, 2024

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

RFP 24-065-Q / As-Needed Electrical Design Services 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 per Section 1.10 below.

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 electronically via the OregonBuys website, or by using materials (i.e. paper, dividers, brochures, supplemental information, etc.) that contain postconsumer recycled content, are readily recyclable, and to avoid use of binders, PVC and plastic. Proposers are responsible for all costs they may incur in connection with submitting a Proposal.

1.2 OREGONBUYS ELECTRONIC RESPONSE

In order to submit an electronic proposal on the OregonBuys website, Proposer must be registered with

OregonBuys and able to submit an electronic proposal.

If you experience any issues registering, please contact OregonBuys at:

Phone: 1-855-800-5046 Email: support.oregonbuys@das.oregon.gov

If Proposer elects to submit proposal electronically, Proposer should follow the procedures outlined in https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Resp onse.pdf for electronic submission.

A video presentation on submitting an electronic proposal may be found at: Supplier - Submitting a Quote - Overview (periscopeholdings.com)

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

The Price Proposal will not be submitted via the OregonBuys website, and must be submitted to the

Purchasing Contact within 24-hours of request.

1.3 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.

1.4 QUESTIONS/REQUESTS FOR CLARIFICATION

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the Purchasing Contact listed above via an OregonBuys submission, email, or hard copy;

• Reference the bid number ;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e., page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule mailto:support.oregonbuys@das.oregon.gov https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

RFP 24-065-Q / As-Needed Electrical Design Services 5 in Section 1.19.

1.5 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.org. Insert the following in the subject header: RFP SPECIFICATION PROTEST, RFP #24-065-Q

To be considered, protests shall be received no less than 5 business days before close (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.

1.6 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 Sample Contract (Exhibit 1), or the Scope of Work included in this RFP document.

Proposers may not protest or request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

Terms included with Proposer’s proposal documents or in Oregon Buys 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.

1.7 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.

1.8 CANCELLATION, REJECTION, DELAY OF RFP

Pursuant to Rule 3-0640, EWEB may cancel, reject in whole or in any part any proposals, if EWEB determines it is in the best interest of EWEB to do so.

1.9 RESERVED

mailto:kristin.kokkeler@eweb.org

RFP 24-065-Q / As-Needed Electrical Design Services 6

1.10 PROPOSAL SUBMISSION

Proposer is solely responsible for ensuring its Proposal is received by the Purchasing Contact in accordance with the RFP requirements before Closing. EWEB is not responsible for any delays by transmission errors or interruptions, or for any mis-delivery for any reason. Proposals received after the closing date and time will not be considered and will be rejected. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

(a) Electronically via Oregon Buys. See Section 1.2 for instructions on how to submit an electronic proposal.

(b) If Electronic Submission on the OregonBuys website is not used, Sealed proposals containing a minimum of one (1) original signed proposal response, including any Addenda to be acknowledged, one (1) hard copy, SEALED pricing proposal, and one (1) electronic copy WITHOUT pricing proposal/information (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 #24-065-Q, APRIL 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.

(c) REQUIRED PROPOSAL PACKAGE

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

• Cover Sheet, with:

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation and the Sample Contract (Exhibit 1). Statement may also include request for negotiation of proposed terms and conditions as allowed per Section 1.6.

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 – Sustainability Questionnaire

• Attachment E – Certification Regarding Lobbying

• All Addenda Acknowledged

• Important Note on Pricing – DO NOT submit pricing proposal with your submission. All

Proposers should be prepared to submit their pricing within 24 hours of final shortlist notification.)

RFP 24-065-Q / As-Needed Electrical Design Services 7

Below are the requirements for Proposals not submitted using the OregonBuys website:

• If submitting a hard copy proposal, please ensure you provide the original document(s), and a flash drive copy as detailed in Section 1.10.

• Pricing – SEALED PRICING PROPOSAL will be submitted in a separate envelope within 24 hours of final shortlist notification.

(d) 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).

1.11 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. Proposer may sign each issued Addendum and include with response or acknowledge in the space provided on the Proposal Form.

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

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

1.12 PROPOSAL MODIFICATION

- If Submitting Electronically Through OregonBuys:

If a Proposer wishes to make modifications to a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button prior to the Proposal Due Date and Time stated on the Cover Page for this RFP.

- If NOT Submitting Electronically Through OregonBuys:

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.

1.13 PROPOSAL WITHDRAWALS:

- If Submitting Electronically Through OregonBuys:

If a Proposer wishes to withdraw a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button prior to the Proposal Due Date and Time stated on the Cover Page for this

RFP.

- If NOT Submitting Electronically Through OregonBuys:

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.

1.14 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

RFP 24-065-Q / As-Needed Electrical Design Services 8 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 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.

1.16 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.

1.17 PROPRIETARY DATA/PUBLIC RECORD

This Request for Proposal, together with copies of all documents pertaining to the award of a contract, shall be kept by EWEB and made a part of a file or record which shall be open to public inspection. If a proposal contains any information that is considered a trade secret under ORS 192.345(2), each sheet of such information shall be marked with the following legend:

"This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192."

The Oregon Public Records Law exempts from disclosures only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance" ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

The above restriction may not include cost or price information, which shall be open to public inspection.

1.18 RESERVED

SCHEDULE OF EVENTS ON THE NEXT PAGE

RFP 24-065-Q / As-Needed Electrical Design Services 9

SCHEDULE OF EVENTS

1.19 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 March 26, 2024

Last Date for EWEB to receive Protest of Requirements/Specifications April 2, 2024

Last day for EWEB to receive questions from Proposers April 19, 2024

Last day EWEB will post Addenda April 22, 2024

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

Responses evaluated April 29-May 8, 2024

Pricing evaluated May 9, 2024

Intent to Award announcement May 15, 2024

Board approval June 4, 2024

Contract award June 5, 2024

RFP 24-065-Q / As-Needed Electrical Design Services 10

2. STATEMENT OF SERVICES

2.1 BACKGROUND /OBJECTIVES

EWEB requires experienced professional services from a licensed engineering contractor to provide labor and equipment to perform electrical designs for EWEB’s 12kV distribution system as needed. Work includes, but is not limited to designing for purposes of installing, removing, and replacing distribution system components (framing, poles, transformers, padmounted equipment, etc.).

2.2 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start from the date of award, approximately June 5, 2024, and will last approximately five (5) years.

2.3 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Contractor’s business location and with occasional services performed at EWEB’s Operations Center, 4200 Roosevelt Blvd, Eugene, Oregon, and across EWEB’s service territory.

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

2.4 ENGINEERS ESTIMATE

The EWEB estimate for work effort is roughly $700,000 over a five-year period. EWEB makes no guarantee of the actual number of hours or contractual spend that will be required (that number may be more or less than indicated). Proposer shall not rely upon those numbers as a guarantee of the services from the resulting contract.

2.5 SCOPE OF WORK

EWEB requires experienced professional services from a licensed engineering contractor to provide labor and equipment to perform electrical designs using Schneider ArcFM Designer software application for EWEB’s 12kV distribution system as needed. Work includes, but is not limited to designing for purposes of installing, removing, and replacing distribution system components (framing, poles, transformers, pad-mounted equipment, etc.) Deliverables will include but not be limited to: final design drawings, design inventory report, and submission of inventory from design via Designer Work Request Manager to EWEB’s enterprise work asset management system.

Contractor must have extensive working knowledge of the National Electric Safety Code (NESC), and familiarity with the National Electrical Code (NEC) that are applicable to the scope of work. All work must be done in accordance with the NEC, NESC’s current edition, and all state and local codes and ordinances, and per the following EWEB Specifications and Standards as attached or referenced:

EWEB Design Specifications – Exhibit 2 attached EWEB Construction Standards – To be provided via VPN access

The Contractor shall perform work only by EWEB issued and approved Work Requests (WR): See template Exhibit 3. An individual Work Request form will identify the specific Statements of Work for each assignment. Each assignment will have a maximum monetary limit (Not-to-Exceed) that will be negotiated by EWEB and the Contractor prior to the commencement of any work. The maximum amount may only be exceeded upon the prior written approval by EWEB through an amended WR.

The WR will describe, in detail, the tasks that are to be performed, time of completion, and costs and deliverables for the task items clearly shown. Overall cost estimates for each WR will be detailed using the hourly rates set forth in the Contract.

RFP 24-065-Q / As-Needed Electrical Design Services 11

Contractor shall respond within two business days upon receipt of a WR. Contractor shall conclude any negotiations and submit a final cost proposal estimates within no more than five business days. No work on a WR shall begin before all required EWEB and Contractor signatures are obtained.

Design Submittal Process Upon completion of the design, the contractor will submit a pdf document of the design and design inventory report (sample attached as Exhibit 4) via email for review by EWEB (specific contact information to be provided in Final Contract).

The email subject naming convention to be used is as follows:

“Design Review”, “WO No. XXXXXXX”.

The design document to be named with the drawing number. E.g. D-XXXXX-E.

EWEB will conduct a review within two business days of submission and respond within five business days with approval or revision requests, if any.

EWEB will initial the drawing as approved within the title block and return to Contractor.

Work Request (WR) Completion

1. Send the design to EWEB’s work asset management (WAM) system via the Designer Work Request Manager.

a. Provide notification to EWEB (Name and contact information to be provided in final contract)

b. EWEB to provide Work Design number

2. Enter the “EWEB Work Design No.” in the titleblock furnished by EWEB.

3. Contractor will stamp and return drawing.

4. Send the MXD document via email. MXD file name will be the drawing number.

EWEB will notify the contractor the next business day that the design, MXD and WAM submittal have been received and the WR will be satisfied.

Contractor Responsibilities:

Contractor shall comply with EWEB’s Remote and Mobile Access Policy (Exhibit 5).

Contractor shall notify EWEB of the removal of any person contractor is responsible for that has access to EWEB’s network and systems within 24 hours of that person’s departure from work under this contract.

EWEB Responsibilities:

EWEB will provide access via VPN to:

• Schneider ArcFM Designer Software application (version 10.2.1c SPC3, upgrade to 10.6.1 SP1 in prior to end of 2020)

• EWEB Construction Standards

• Acrobat Adobe Reader

RFP 24-065-Q / As-Needed Electrical Design Services 12

3. EVALUATION PROCESS & PROPOSER SELECTION

EWEB intends to use a Qualifications Based Selection (QBS) process appropriate for A&E projects. A Multi-Step Evaluation Process will be used to determine scores and final rankings. The following is a high-level view of the process:

STEP ONE: Written proposals are evaluated, and preliminary scores are ascertained. Up to 3 of the most qualified Proposers will be included on the shortlist and interviews / presentations may be utilized. (These are optional to EWEB.) Pricing will NOT be evaluated during this step.

STEP TWO: At the completion of Step One, EWEB will release scoring and rankings of the qualified Proposers.

Proposers may elect to withdraw from further consideration at this point. Pricing information for all remaining candidates will be reviewed and added to the final scores and a Finalist will be selected for negotiation of a contract.

The total possible number of points are as follows:

Criteria Possible Points

Step One - Qualifications Each Sub-total Proposer Ability and Capability to Perform the Work 40 Firm Experience and References 45 85

Step Two - Pricing 15

TOTAL POSSIBLE POINTS 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 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

RFP 24-065-Q / As-Needed Electrical Design Services 13

• 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

• 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.

3.3 References

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

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

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 Evaluation Process

STEP ONE

Qualifications Proposals will be evaluated and shortlisted for up to 3 Proposers or at a natural break in scoring. Proposals will be ranked from highest score to lowest.

RFP 24-065-Q / As-Needed Electrical Design Services 14

STEP TWO

Pricing Evaluated Upon completion of the written evaluation, EWEB will begin Step 2 and will forward a Shortlist Notification to all participating Proposers, stating the evaluation scores and rank for each shortlisted Proposer. At this point in the RFP process, any of the shortlisted Proposers will be permitted to withdraw from the solicitation process and consideration for award.

EWEB will request a pricing proposal for the scope of work related to the project. PROPOSERS SHOULD BE

PREPARED TO EMAIL PRICING PROPOSALS TO THE PURCHASING CONTACT WITHIN 24 HOURS.

3.7 Notice of Intent to Award

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

Intent to Award and send copies to all shortlisted Proposers. The notice will set out the names and ranks of the Proposers and identify the highest ranked Proposer selected for award (“Finalist”).

3.8 Contract Negotiation

EWEB will begin negotiating a Contract with the Finalist and will direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The Contract price as it is affected by negotiating the Statement of Work; and

c) Any other terms and conditions reasonably related to those expressly authorized for negotiation in

Section 1.6 of this Request for Proposal.

A sample contract (Exhibit 1) and its related Attachment A Standard Terms and Conditions 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 Finalist 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 (the new “Finalist”) and continue the process until EWEB has determined to award the Contract to the Proposer with whom it is currently discussing or negotiating. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may reject all proposals and cancel the RFP. Nothing in the rule precludes EWEB from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

3.9 Proposer Selection

The firm with the highest total score as a result of written proposal/pricing scoring will be awarded the Contract.

This Request for Proposals document authorizes the possibility of 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.

3.10 Ties Among Proposers

Pursuant to Rule 4-0230, If determines after the ranking of potential firms, that two or more of them are equally qualified, EWEB may select a candidate through any process that the utility believes will result in the best value for EWEB taking into account the scope, complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of EWEB and Proposers and shall protect the integrity of the Public contracting process.

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As part of the procedure for choosing between two or more equally qualified candidates, EWEB may follow the procedure set forth in Rule 3-0300, (Preferences for Oregon Goods and Services; Nonresident bidders to select the firm) and may choose to give a reference to a local potential firm.

3.11 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 Non- Responsive; 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 Non-Responsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules. The protest process may not be used to protest non-inclusion in the Competitive Range.

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

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract. EWEB will not consider late protests.

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

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

d) EWEB’s Purchasing Supervisor will review the protest and will email or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email or postal address provided in Proposer’s proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’s determination (response) by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Supervisor’s determination (response).

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

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

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

RFP 24-065-Q / As-Needed Electrical Design Services 16 application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

i) An adversely affected or aggrieved Proposer must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Consultant selection or Contract award decision.

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4. EVALUATION CRITERIA

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

4.1 Proposers Availability and Capability to Perform the Work (40 points possible) Describe your firm’s understanding of and approach to the Scope of Work described in this RFP. Indicate the management approach to be utilized when addressing key issues of the requested nature of this work.

Describe how your firm can accommodate varying levels of work assigned under this contract, including any limitations. Include Key Personnel’s’ ability to respond to work, including availability to be in EWEB’s service territory up to five (5) days a week.

• Provide list of potential travel related expenses to accommodate working at EWEB premises in Eugene, OR (i.e airfare, hotel, car rental, etc…)

Describe internal procedures and/or policies that help ensure work quality control and cost control.

Describe what unique skills or systems your firm can offer which would benefit EWEB.

Include a typical schedule showing steps your firm takes in order to complete and satisfy work requests.

Include detail around how the firm will accommodate work to be performed in Eugene, Oregon and around EWEB’s service territory, including the potential for multiple trips per work request (i.e. site visits, return visits for establishment and coordination of locates, etc.).

4.2 Firm Experience and References (45 points possible)

Demonstrate the Proposer’s Firm and Team qualifications and experience relating to the requested services. Response shall include the following:

• Describe similar projects (minimum of three) completed within the past five years, most comparable to the services described in Section 2. Each project shall indicate whether the work was accomplished within the original estimated budget and schedule or needed to be revised. Briefly explain the reason for any revisions.

o For each project, list references, including contact name, email, & phone number that may be contacted by EWEB to confirm this information.

• Schneider ArcFM Designer Software application (version 10.2.1c SPC3) is required to be used to create for the creation and submittal of the design/drawing.

o Please describe your firm’s experience using this software.

• List of proposed Key Personnel name, and qualifications and resume, including experience working on similar projects.

o Submit a portfolio of a minimum of three projects (similar in nature to SOW described in

Section 3) per Key Personnel. Portfolio should include: Description of the SOW, design/drawing, staking sheet and/or list of materials generated.

• List of other proposed staff names, their qualifications and resume, including experience on similar past projects.

• Availability and location of Key Personnel, and whether current assignments may conflict with their availability to perform the services required during the term of the Contract.

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STEP TWO: Request for Pricing information and completion of evaluation.

4.3 Pricing Proposals (15 points possible) REVIEWED IN STEP 2 ONLY

IMPORTANT NOTE: DO NOT SEND PRICING AT THIS TIME OR INCLUDE LEADING INFORMATION

INDICATING PRICING IN YOUR WRITTEN PROPOSAL, SUCH AS ESTIMATED HOURS FOR TASKS OR HOURLY RATES. ONCE THE FINAL SHORTLIST IS ANNOUNCED, YOUR FIRM WILL HAVE 24 HOURS TO SUBMIT PRICING TO PURCHASING CONTACT VIA EMAIL. FAILURE TO SUBMIT ON-TIME COULD LEAD TO

DEDUCTION OF POINTS OR PROPOSAL REJECTION.

In order to prepare your pricing proposal for future submission, the following information is provided.

PREPARE YOUR PRICING PROPOSAL AS FOLLOWS:

1. Provide a current Firm Fee schedule.

2. Provide a total cost for the following Scenario. Pricing shall include a breakdown of personnel (hours, rate per hour), support costs (supplies, printing, etc.), and travel expenses (include breakdown of all costs – for example, airfare, hotel, car rental, etc…).

Scenario: See Following Page for Scenario Work Request

The points for this section will be computed using the total cost provided for the Scenario.

3. Financial Component of Price - Points for the financial cost will be determined according to the following formula:

A = Total Possible points = 15 L = Lowest cost proposed X = Cost being scored B = Awarded Score

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

Example: If A = 15 Points, L = $2,000; X = $4,000; then: $2,000 / $4,000 x 15 = 7.5 points

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5. PROPOSAL FORM

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Separate and clearly identify all sections and include a Table of Contents. Headers, titles and tabs should be used to identify required information.

A. RETURN THE FOLLOWING WITH YOUR PROPOSAL RESPONSE, PER SECTION 1.8B.

(Failing to include these documents could lead to rejection of proposal.)

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

COVER SHEET, with introduction of firm and the following:

o Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.8(B).

o Termination for Default: Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

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

RESPONSE TO ALL EVALUATION CRITERIA listed in Section 4 PROPOSAL FORM – Section 5

ALL POSTED ADDENDA ACKNOWLEDGED

ATTACHMENT C – SUSTAINABILITY QUESTIONNAIRE

ATTACHMENT E – CERTIFICATION REGARDING LOBBYING

Requirements below ONLY for Proposals NOT submitted electronically via the OregonBuys website:

HARD COPIES as detailed in Section 1.10(A) FLASH DRIVE COPY – Combine all documents in one pdf file. (Do NOT include pricing in flash drive copy.)

IMPORTANT NOTE RE Pricing – DO NOT submit pricing proposal with your submission. All Proposers should be prepared to submit their pricing within 24 hours of either final shortlist notification or Notice of Intent to Award (if EWEB identifies a Finalist immediately after scoring written proposals and foregoing interviews.)

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP DOCUMENTS:

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

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

Check if not applicable or no Addenda were received: ____

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C. MWESB STATUS

EWEB encourages contracting with minority owned, woman owned, and emerging small businesses (MWESB). The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified.

MWESB Certified? (Indicate Yes or No) _______

If yes, please indicate which of the following applies: ______________________________

Minority Owned, Woman Owned, Emerging Small Business, or Veteran Owned

D. BIDDER RESIDENCY

ORS 279A.120 states, "For the purposes of awarding a public contract, a contracting agency shall":

(a) Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and

(b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.

“Resident Bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a “Resident Bidder” under this paragraph.

“Non-Resident Bidder” means a bidder who is not a “Resident Bidder” as defined above

a. CHECK ONE: Bidder is a ( ) RESIDENT Bidder ( ) NON-RESIDENT Bidder.

b. If Resident Bidder, enter your Oregon business address: (physical and mailing address)

c. If a Non-Resident Bidder, enter state of residency:

d. If a Non-Resident Bidder, do you or your Company receive, or are you or your Company eligible for any preference in award of contracts with your state’s government or with other governmental bodies in your state?

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: _________________%

If YES, but not a percentage of bid price, describe the preference:

If YES, state the law or regulation that allows the preference described (legal citation):

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E. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR STATUS

The undersigned acknowledges that:

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

2. The parties covenant that Consultant, its sub-consultants, agents, officers and representatives do not qualify as officers, employees, or agents of EWEB as those terms are used in ORS 30.265 nor shall they seek such qualification relating to performance of the Work.

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

CONTRACT SIGNATURE / EXECUTION

F. ASSURANCES:

The undersigned attests that they:

Have read and understand all instructions, requirements, Addenda, site conditions, and terms and conditions contained…