RFP 26-123-PSC STEP 1_Markets Plus.pdf

Rev 09-24 Page 1 of 20 RFP 26-123-PSC – Step 1

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

System Integrator Services for SPP Markets+ Onboarding STEP 1: Evaluation of Qualifications

RFP No.: 26-123-PSC Closing Date: July 31, 2026 Time: 2:00 PM PT

Description: This is Step 1 of a multi-step Request for Proposals process. Responses to Step 1 of RFP No. 26- 123-PSC will be evaluated on a pass/fail basis to determine which Proposers meet all Minimum Requirements.

Only Proposers who successfully meet all Minimum Requirements in Step 1 will advance to Step 2 and be eligible to submit technical and cost proposals.

Purchasing Contacts: Tracy Davis (541) 685-7468 tracy.davis@eweb.org Wendy Lopez (541) 685-7150 wendy.lopez@eweb.org

This is a COMPETITIVE SEALED PROCUREMENT.

ELECTRONIC PROPOSALS SUBMITTED VIA THE OREGONBUYS BID SITE ARE REQUIRED. Emailed submittals will not be accepted.

To ensure your submission is received prior to the closing date and time, it is recommended that you begin the submittal process on the OregonBuys website at least 72-hours prior to the closing date and time listed above.

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, bidding process, and/or the award process, shall be directed via email to the Purchasing Contact listed above. EWEB’s official response to any questions or requests will be in writing via the Addendum process.

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

Rev 09-24 Page 2 of 20 RFP 26-123-PSC – Step 1

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Proposers 4

2 Background/Objectives/Scope of Work 8

3 Minimum Qualifications and Requirements 10

4 Evaluation Process & Contractor Selection 13

5 RESERVED 16

6 Proposal Form 17

Rev 09-24 Page 3 of 20 RFP 26-123-PSC – Step 1

LEGAL ADVERTISEMENT

RFP #26-123-PSC

System Integrator Services for SPP Markets+ Onboarding

Step 1: Evaluation of Qualifications

The Eugene Water & Electric Board (EWEB) requests proposals from experienced System Integrators with demonstrated expertise in supporting electricity utilities transitioning toward participation in organized wholesale electricity markets. This includes experience in developing and implementing energy management systems (EMS), market management systems (MMS), financial settlement systems, and overall utility system integration. Step 1 of this RFP will be used to determine which Proposers meet all Minimum Requirements. Proposers who meet all Minimum Requirements in Step 1 will be invited to participate in Step 2 and submit detailed Technical and Cost proposals. No contract award will be made during Step 1 of the solicitation.

RFP documents shall be downloaded from the State of Oregon's bid site https://oregonbuys.gov/bso/. ALL PROPOSERS MUST BE REGISTERED ON OREGONBUYS. Once registered, search for Alternate ID “EWEB RFP 26- 123-PSC. For navigation help, call 1-855-800-5046.

Proposals shall be submitted on OregonBuys https://oregonbuys.gov/bso/ before Friday, July 31, 2026, at 2:00 PM PT. (Mailed and emailed responses will not be accepted.) Proposals will not be accepted after this hour and date.

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 ninety (90) 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: July 2, 2026

Tracy Davis, Purchasing Contact https://oregonbuys.gov/bso/

Rev 09-24 Page 4 of 20 RFP 26-123-PSC – Step 1

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 RECORD

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

CHECK THE WEBSITE ON A TIMELY BASIS.

PROPOSAL PREPARATION

1.1 PROPOSAL FORMAT AND COST

Proposals shall be typewritten or prepared in ink and shall be submitted electronically, on the form provided in the Request for Proposals. 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.

Proposer is responsible for all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

1.2 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 tracy.davis@eweb.org

Insert the following in the subject header:

RFP SPECIFICATION PROTEST, RFP #26-123-PSC

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

EW-3-0700(2)).

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

1.3 RESERVED

1.4 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.

mailto:tracy.davis@eweb.org

Rev 09-24 Page 5 of 20 RFP 26-123-PSC – Step 1

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

1.5 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.

1.6 RESERVED

PROPOSAL SUBMISSION

1.7 PROPOSAL SUBMISSION

(a) 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. For instructions to register on OregonBuys, visit the following site: OrBuysSupplierRegistrationSteps.pdf (oregon.gov)

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

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

When Proposer is submitting their proposal electronically, Proposer should follow the procedures outlined in any of the following:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20R esponse.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

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

(b) REQUIRED PROPOSAL PACKAGE Complete, sign, and return the following documents as RFP response:

• Cover Letter

• Response to Minimum Qualifications (Section 3)

• Proposal Form (Section 6)

• All posted addenda acknowledged

Failing to include these documents could lead to rejection of Proposal.

(c) RESPONSIVENESS / RESPONSIBILTIY A “Responsive” proposal is a proposal that substantially complies with the Request for Proposals instructions and requirements.

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

Rev 09-24 Page 6 of 20 RFP 26-123-PSC – Step 1

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).

1.8 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/.

1.9 PROPOSAL MODIFICATION

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

1.10 PROPOSAL WITHDRAWALS:

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.

1.11 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.2

PROTEST OF SPECIFICATIONS / REQUIREMENTS. Exceptions submitted with your proposal, or in any manner other than the process provided herein, may cause your proposal to be ruled non-Responsive and rejected.

1.12 PROPOSAL OPENING

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

1.13 RESERVED

1.14 PROPRIETARY DATA/PUBLIC RECORD

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

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

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.

Rev 09-24 Page 7 of 20 RFP 26-123-PSC – Step 1

1.15 SOCIAL EQUITY

EWEB supports the use of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF). EWEB encourages the awarded offeror to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses as applicable:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Oregon State Office of Minority, Women and Emerging Small Business (OMWESB) by visiting their website at:

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website to search for Qualified Rehabilitation Facilities from whom to procure products or services.

1.16 SCHEDULE OF EVENTS

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

Request for Proposal released July 2, 2026

Last Date for EWEB to receive Protests of Requirements/Specifications/Terms July 20, 2026

Last day for EWEB to receive questions from Proposers July 22, 2026

Last day EWEB will post Addenda on Bid Site July 27, 2026

Closing date (last day to submit Step 1 proposals to EWEB) July 31, 2026

Responses evaluated August 2026

Issue Step 2 – Technical and Cost Proposals to Qualified Proposers August 2026

ANTICIPATED PROJECT SCHEDULE:

Project initiation will begin immediately after a signed contract, which is expected to be complete no more than 60 days post RFP vendor selection. All workstreams must be ready for go-live October 1, 2028.

Rev 09-24 Page 8 of 20 RFP 26-123-PSC – Step 1

2. BACKGROUND/OBJECTIVES/SCOPE OF WORK

2.1 BACKGROUND /OBJECTIVES

Eugene Water & Electric Board (“EWEB” or the “Utility”) is a publicly owned electric utility organized under the laws of the State of Oregon. The Utility delivers safe, reliable, and cost-effective retail electricity to approximately 100,000 electric services, 200,000 people in and around the city of Eugene, Oregon. The Utility operates a diverse resource electricity generation portfolio consisting of hydro-electric, thermal, renewables (primarily wind generation and biomass co-generation), and market purchases and currently participates in Pacific Northwest bilateral markets. EWEB is governed by a 5-member Board of Commissioners elected by the community.

EWEB plans to join the Southwest Power Pool (“SPP”) Markets+ (described below) when the Bonneville Power Administration (“BPA”) joins. EWEB is part of BPA’s Balancing Authority Area (“BAA”). The anticipated go-live participation for BPA and EWEB is October 1, 2028. Markets+ is a centrally administered, day-ahead and real-time organized wholesale electricity market designed to facilitate efficient dispatch, enhance reliability, and improved regional coordination across the Western Interconnection.

Participation in Markets+ will require operational, technical, regulatory, and business process transformation, including:

• Implementation of market bidding and scheduling systems;

• Integration with SPP Markets+ interfaces (including WRAP) and communication protocols;

• Market settlements and financial systems integration and reconciliation;

• Enhancements to forecasting, outage coordination, and dispatch processes;

• Cybersecurity, compliance, and risk management readiness;

• Staff training and organizational change management

To support this transition, the Utility seeks to contract with one or more system integrators (“SIs”) with demonstrated expertise in successfully facilitating electricity utilities’ transition to organized wholesale electricity markets. This includes expertise in developing and implementing systems to support the transition; examples include:

• Energy management systems (EMS);

• Market management systems (MMS);

• 24/7 NERC classified control center SCADA systems;

• Financial settlements systems; and

• End-to-end utility system integration.

2.2 ANTICIPATED SCOPE OF WORK

The selected SI will perform various services, which may include but are not limited to:

• Gap Analysis – Assess current systems and staffing against the desired future-state operating model and identify gaps to be addressed.

• Industry Benchmarking – Provide information, lessons learned and best practices recommendations based on utility trends and experience.

• Markets+ Roadmap – Develop a structured roadmap toward full SPP Markets+ adoption and, upon Utility approval, execute accordingly.

• Technology Assessment & Procurement Support – Evaluate current systems, identify any need for

Rev 09-24 Page 9 of 20 RFP 26-123-PSC – Step 1 new software tools, and assist in developing RFP(s) for their acquisition.

• System Implementation & Integration – Implement any selected software tools and integrate them with existing and new utility systems, SPP Markets+ interfaces, and associated communication protocols.

• Testing & Go-Live Support – Support testing, certification, and go-live activities.

• Program Management – Provide program, project, risk, and change management throughout the project lifecycle.

• Training – Based on gap analysis findings, develop and deliver targeted training across Market Operations and Monitoring, Settlements, and Information Services support to ensure the Utility to be self-sufficient following the post go-live support period.

Rev 09-24 Page 10 of 20 RFP 26-123-PSC – Step 1

3. MINIMUM QUALIFICATIONS (PASS/FAIL)

MINIMUM QUALIFICATIONS (PASS/FAIL)

All Proposers must meet the following Minimum Requirements. Responses to this section will be evaluated on a pass/fail basis. Proposers who meet all Minimum Requirements will advance to Step 2 for full evaluation and scoring of their technical and cost proposals. Proposals that do not meet all Minimum Requirements will not be reviewed further.

Proposers shall provide a comprehensive written response to each of the Minimum Requirements and provide clear and detailed information demonstrating how the Proposer meets the requirement. The information provided must be sufficient for the Evaluation Team to make an informed determination of compliance. General statements of capability without supporting detail will not be considered adequate.

EWEB does not pre-qualify Proposers; your proposal must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

SUBMITTAL OF PROPOSER QUALIFICATIONS

Please provide the following information on individual pages labeled “Minimum Qualifications”.

3.1 Proposer must demonstrate a minimum of five (5) years of experience providing consulting, advisory, implementation, or operational support services to electric utilities, balancing authorities, transmission providers, public power entities, or independent system operators (ISOs/RTOs).

Required Response:

Proposer shall provide a written description of its relevant experience, including the nature of services provided and the types of entities served, sufficient to demonstrate it meets or exceeds the five-year minimum requirement. Proposers may reference specific projects, contracts, or client engagements as needed to substantiate their experience.

3.2 Proposer must have successfully completed at least two (2) full implementation life cycle engagements within the past five (5) years involving CAISO's Extended Day-Ahead Market (EDAM), or SPP's Markets+. For purposes of this solicitation, 'Implementation Lifecycle' includes gap analysis through go-live readiness, testing, and certification, but excludes post-go-live settlement operations.

Due to the limited number of EDAM and Markets+ participants currently in live operation, Proposer may satisfy the Implementation lifecycle requirement using EDAM and/or Markets+ engagements. The post-go-live settlement reconciliation (Item f) and steady-state operations support experience may be satisfied through experience in WEIM or WEIS.

The required experience must include all of the following:

a. Gap analysis and market entry strategy

b. Vendor selection support and multi-vendor coordination

c. Existing systems assessment and readiness preparation

d. Internal change management and workforce transition

e. Bid strategy tool development, including hydro unit commitment and optimization

f. Settlement reconciliation and steady-state operations support (for any market that has gone live)

g. Market participant onboarding

Rev 09-24 Page 11 of 20 RFP 26-123-PSC – Step 1

h. Market testing and certification activities.

Required Response:

Proposer shall provide a written description demonstrating completion of at least two (2) full implementation lifecycle engagements within the past five (5) years involving CAISO EDAM and/or SPP Markets+. The response should identify the referenced engagements, the markets involved, and the proposer’s role in each.

Proposer’s description must provide enough information for EWEB to confirm that each engagement covered the required lifecycle scope (gap analysis through go-live readiness, testing, and certification) and addressed the experience elements listed in items (a–h). Proposers may summarize project activities, timelines, responsibilities, or outcomes as needed to substantiate their experience.

3.3 Proposer must demonstrate experience designing or implementing integrated utility technology solutions within the past seven (7) years involving all of the following:

a. Organized market bidding and scheduling systems;

b. Energy Trading and Risk Management (ETRM) systems;

c. Market settlements systems (including shadow settlements);

d. Energy Management Systems (EMS);

e. SCADA systems;

f. Western Resource Adequacy Program (WRAP)

Required Response:

Proposer shall provide descriptions of at least three (3) relevant projects completed within the past seven (7) years that demonstrate experience with all system areas listed in items (a–f). Each project description should include enough information for EWEB to understand the Proposer’s role, the scope of work performed, and the specific technologies or system components involved.

3.4 The Proposer shall serve as integrating authority across all workstreams and vendors. The SI must demonstrate experience serving as a single point of accountability, coordinating across incumbent and newly selected vendors without regard to vendor affiliation. Proposer must provide descriptions of its experience as an integrating authority for at least three (3) utilities into one (1) or more of the following organized wholesale markets:

a. SPP Markets+

b. CAISO EIM

c. CAISO EDAM

d. SPP WEIS

Required Response:

Proposer shall explain its experience acting as an integrating authority, including examples demonstrating coordination across multiple vendors and workstreams. The response should identify the relevant utility clients (no less than three) and associated markets (from a–d) and provide enough information to confirm the proposer’s role and responsibilities in each integration effort.

Rev 09-24 Page 12 of 20 RFP 26-123-PSC – Step 1

3.5 Proposer should not have had a contract terminated for default or breach in the last ten (10) 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 Contractor has had a contract terminated for default in this period, then the Contractor 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 Contractor’s past performance.

Required Response:

Proposer shall state whether it has had any contracts terminated for default or breach within the past ten (10) years. If applicable, the proposer shall provide the details required in the note. If no such terminations exist, the proposer shall explicitly affirm that none have occurred.

Rev 09-24 Page 13 of 20 RFP 26-123-PSC – Step 1

4. EVALUATION PROCESS

EWEB will conduct the solicitation using a two-step evaluation process:

• Step 1 – Evaluation of Qualifications: Minimum Qualifications will be evaluated on a pass/fail basis.

Only proposers meeting all minimum qualifications will advance to Step 2.

• Step 2 – Technical and Cost Proposals: Qualified Proposers from Step 1 will be invited to submit responses to Evaluation Criteria provided in Step 2. Interviews or presentations may be required.

Provision for Single Qualified Proposer If only one Proposer meets all Minimum Qualifications, EWEB may proceed directly with that Proposer in Step 2.

EWEB may also negotiate with the sole qualified Proposer pursuant to ORS 279B.060. EWEB reserves the right, at its sole discretion, to proceed, cancel, or take any action deemed in its best interest.

4.1 Review and Acknowledgment of Defective Proposals

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

4.2 Right of Rejection

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

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

Rev 09-24 Page 14 of 20 RFP 26-123-PSC – Step 1

4.3 References

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

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

4.4 Responsibility

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

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

4.5 Clarification of Response

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

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

4.6 Evaluation Process

This is a Multi-Step Proposal Process

Step One – Evaluation of Qualifications Step 1 will be evaluated on a pass/fail basis. Only proposers meeting all minimum qualifications will advance to Step 2.

Protest Rights Clarification Proposers eliminated during Step 1 are not eligible to protest the number of qualifying Proposers, nor the application of this provision. Protest rights apply only to the Notice of Intent to Award issued after completion of Step 2.

Provision for Single Qualified Proposer If only one Proposer meets all Minimum Qualifications, EWEB may:

Rev 09-24 Page 15 of 20 RFP 26-123-PSC – Step 1

• proceed with that Proposer to Step 2,

• negotiate in accordance with ORS 279B.060,

• cancel the solicitation, or

• take any other action deemed in the best interest of EWEB.

Step Two – Technical and Cost Proposals Instructions and requirements for responding to Step 2: Technical and Cost Proposal request will be sent to those Proposers who passed minimum qualifications.

EWEB may use any combination of selection methods permitted under Rule 30230(14)(d), including:

• award based solely on proposal ranking,

• discussions leading to best and final offers,

• serial negotiations beginning with the highest ranked Proposer

Rev 09-24 Page 16 of 20 RFP 26-123-PSC – Step 1

5. RESERVED

Rev 09-24 Page 17 of 20 RFP 26-123-PSC – Step 1

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

A. PROPOSAL PACKAGE

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

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

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

COVER SHEET, with introduction of firm, including Primary Contact information and Authorized Representative.

RESPONSE TO MINIMUM QUALFICATIONS per Section 3 PROPOSAL FORM – This Section 6

ALL POSTED ADDENDA ACKNOWLEDGED

ALL DOCUMENTS COMBINED INTO ONE PDF FILE

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP DOCUMENTS:

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

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

Check if not applicable or no Addenda were received: ____

C. MWESB STATUS

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

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

MWESB Certified? (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.

Rev 09-24 Page 18 of 20 RFP 26-123-PSC – Step 1

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):

E. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR STATUS

The undersigned acknowledges that:

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

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

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

F. RESERVED

Rev 09-24 Page 19 of 20 RFP 26-123-PSC – Step 1

PROPOSER SIGNATURE / EXECUTION OF STEP 1 SUBMISSION

G. ASSURANCES:

The undersigned attests that they:

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

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

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

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

Have not and will not discriminate against a sub-contractor in the awarding of a sub-contract because the sub-contractor is a disadvantaged minority, women or emerging small business enterprise certified under ORS 200.055.

Represent and warrant to EWEB that they have the power and authority to enter into and perform work under an awarded Contract and that the Contract, when executed by EWEB and Contractor, the Contract shall be a valid and binding obligation of Contractor, enforceable in accordance with its terms.

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

Will arrive at price and amounts independently and without communication or agreement with another Proposer;

Have not directly or indirectly induced or solicited another Proposer, in order to benefit a third person, to submit a false or sham proposal, to refrain from proposing, or to change a proposal;

Will not directly or indirectly disclose the Proposer's proposal price, a breakdown of the price, the contents of the price or information or data related to the price to another Proposer;

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

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

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

Rev 09-24 Page 20 of 20 RFP 26-123-PSC – Step 1

PROPOSER INFORMATION:

Proposer Company Name

Company Address (from which work will be performed)

Telephone Number Company Web Address

Person Signing RFP_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________________

RFP CONTACT (if different than above)

RFP Representative_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________

Phone: ____________________________________________________________________________________

Step Two – Technical and Cost Proposals