RFP Home Energy Rebate Administrator Services.pdf

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STATE OF OREGON

COVER PAGE

The Department of Administrative Services, State Procurement Services on behalf of the State of Oregon Department of Energy

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00012296 for

HOME ENERGY REBATE PROGRAMS ADMINISTRATIVE

SERVICES

Date of Issue: January 31, 2025

Opening Date and Time: March 3, 2025, 5:00pm PT

Single Point of Contact (SPC): Stephanie Austermann, State Procurement Analyst

Address: 1225 Ferry St. SE City, State, Zip Salem, OR 97301 Phone (voice) 971-375-5558 E-mail: stephanie.austermann@das.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D PRICE PROPOSAL FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services, (“DAS SPS”), on behalf of the State of Oregon Department of Energy, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for rebate program administrative services.

The State of Oregon Department of Energy seeks to secure professional services to implement two federal grant programs under Sections 50121 and 50122 of the 2022 Inflation Reduction Act (IRA). These grant programs are known as the Home Efficiency Rebates (HOMES) and Home Electrification and Appliance Rebates (HEAR) programs, respectively, and are collectively referred to as the Home Energy Rebate programs. The primary objective of this solicitation is to engage the services of an experienced qualified entity to implement and administer the HOMES and HEAR programs in specific areas of the state, starting upon contract award, and continuing until funds are fully utilized, or September 30, 2031, whichever comes first.

Additional details on the Scope of the goods or services or both are included in the Scope of Work.

DAS SPS anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be seven (7) years with options to renew up to a cumulative maximum of ten (10) years.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference February 10, 2025 1:30 PM

Questions / Requests for Clarification Due February 13, 2025 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) February 14, 2025

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) March 25, 2025

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

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1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS SPS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170.

DAS SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Terminology specific to the OregonBuys system may be found at: OregonBuys_

“COU” means a consumer-owned utility which includes 20 electric co-ops, 12 municipal utilities, and 6 People’s Utility Districts.

“HEAR” means the Home Electrification and Appliance Rebate program that provides point-of-sale rebates to low-income (80% of Area Median Income and below) and moderate-income (between 80% and 150% of Area Median Income) households for the installation of high-efficiency electric appliances and associated electric upgrades, along with insulation and air sealing measures.

“HOMES” means the Home Efficiency Rebate program that provides performance-based rebates for energy efficiency retrofits for individual households and multifamily buildings.

“Home Energy Rebates” means the rebates provided from the “HEAR” and “HOMES” programs.

“Home Energy Rebate Programs” means the “HEAR” and “HOMES” programs.

“IOU” means an investor-owned utility which includes Avista, Cascade Natural Gas, NW Natural, Pacific Power, and Portland General Electric.

“IPC” means the Idaho Power Company’s service area in Oregon.

“Low-Income” means 80% of area median income and below.

https://oregonbuys.gov/bso/

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“Moderate-Income” means between 80% and 150% of area median income.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Department of Energy helps Oregonians make informed decisions and maintain a resilient and affordable energy system. We advance solutions to shape an equitable clean energy transition, protect the environment and public health, and responsibly balance energy needs and impacts for current and future generations.

2.3.2 Project Background, Overview, and Purpose

The 2022 Inflation Reduction Act (IRA) established two federally funded, state-run home energy rebate programs that will make significant investments in energy efficient upgrades to residential homes. The United States Department of Energy has allocated nearly $114 million in formula funding to the state of Oregon to establish the Home Energy Rebate Programs, which includes HOMES and HEAR (corresponding to IRA Sections 50121 and 50122, respectively). In 2023, the Oregon legislature directed the Oregon Department of Energy to establish HOMES and HEAR programs in our state and established a goal that 500,000 new heat pumps will be installed and used in Oregon by 2030.

The Oregon Department of Energy is procuring an online rebate management system that will be utilized by the awarded Proposer of this RFP and Energy Trust to provide efficient and effective processing of rebates the Home Energy Rebate Programs. The Proposer awarded under this RFP will be responsible, under Agency oversight and in collaboration with Energy Trust, for the management of the day-to-day operations of the HOMES and HEAR programs in the state’s COU service areas, which includes areas served by municipal electric utilities, consumer-owner utilities, electric cooperatives, peoples’ utility districts, and the Idaho Power Company (IPC). Energy Trust of Oregon, Inc. (“Energy Trust”) will process rebates and implement both programs in the state’s investor-owned utility (IOU) service areas.

The awarded Proposer’s administrative roles and responsibilities vary based on a few factors, including, most notably, where Agency is at the time of contract signing. Agency’s applications for funding have been approved by U.S. Department of Energy and the Oregon Department of Energy and Energy Trust are in the process of developing the State’s implementation plans. The State’s implementation plans include the U.S. Department of Energy’s Implementation Blueprint, which consists of the following:

• Consumer Protection Plan;

• Community Benefits Plan;

• Education and Outreach Strategy;

• Privacy and Security Risk Assessment;

• Utility Data Access Plan; and

• Responses to U.S. Department of Energy’s Narrative Document.

The plans and materials may not be completed upon Contract award; if so, the plans will be

DAS Procurement Services, Version 4.5 March 31, 2023 Page 7 of 25 reviewed and finalized with the input of the awarded Proposer. Until the program designs are complete and required materials are approved by the U.S. Department of Energy, the timing to operationalize is fluid.

Proposers should be aware of and prepared to adhere to all programmatic requirements in the Program Requirements and Application Instructions and the Administrative and Legal Requirements Document (ALRD). Additional or different programmatic requirements may be imposed on the Home Energy Rebates Programs, and Proposer will be required to adhere to any such requirements.

2.3.3 Project Funding

Sections 50121 and 50122 of the Inflation Reduction Act (IRA), Pub. L. 117-169 (August 16, 2022) authorize the U.S. Department of Energy to administer the Home Energy Rebate Programs. In accordance with federal law, funding is only available to States, U.S. Territories, and the District of Columbia. No other entity types may be considered for this federal funding. The Oregon Department of Energy is now preparing the required “Implementation Blueprint,” which the U.S. Department of Energy must approve before launch. The grant funding type will be formula funds to the state in the amount of $113,646,985.00 ($56,932,545.00 for Section 50121 and $56,714,440.00 for Section 50122).

Per Federal requirements, a maximum amount of 20% of each of the HOMES and HEAR funding will be available for administration of the program. Administration of the program includes all administrative costs of Agency, as the Program Administrator, as well as those of the selected contractors and associated subcontractors, to assist with the design and implementation of the program in accordance with the rules as defined in the U.S. Department of Energy HOMES and HEAR Program guidelines. It is expected that all administrative costs for the design and implementation of this program in its entirety will total less than the administrative maximum amount stated. Funds for HOMES (Section 50121) must be tracked and managed separately from funds for HEAR (Section 50122).

U.S. Department of Energy will evaluate project performance, project schedule adherence, the extent milestone objectives are met, compliance with reporting requirements, and overall contribution to the program goals and objectives. Allocated funding may be halted or discontinued, pending U.S. Department of Energy review and approval, in the event of continued failure to make progress and achieve the program goals.

2.4 SCOPE OF WORK

The successful Proposer shall provide comprehensive administrative services that include implementation of the Home Energy Rebate Programs in COU and IPC service areas throughout the State. These activities include but are not limited to tasks such as analysis, program monitoring, tracking, reporting, auditing, evaluation activities, rebate processing, outreach, marketing, and consulting. The successful Proposer will utilize the State’s online rebate management system to issue rebates and track programmatic activities.

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The awarded Proposer shall provide all Services as described in RFP Attachment A, Sample Contract, Exhibit A Statement of Work, in coordination with Agency and Energy Trust.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:

3.1.1 Proposer Experience

1. Proposer must have at least three years of experience providing rebate program administrative services comparable to those required under this

RFP.

2. Proposer must have at least two years of experience managing federal funds and associated compliance and reporting requirements.

3. Proposer shall provide sufficient personnel and program capacity to perform the required services. The Proposer shall ensure that all personnel have appropriate training, education, experience, and orientation to fulfill the requirements of their assigned positions to meet the Agency’s expectations.

3.1.2 Key Person Requirements

Proposer shall provide a dedicated Administrative Program Manager that will be responsible for the project implementation and management. Proposer’s Administrative Program Manager must have a minimum of three years of experience providing administrative management services comparable to those required under this RFP.

3.1.3 Security Requirements

Proposer shall comply with the following security requirements:

1. The Oregon Consumer Information Protection Act (OCIPA), ORS 646A.600 through 646A.628.

2. Oregon’s Statewide Information Technology Control Standards:

https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx, including security controls that meet or exceed “Moderate” security controls in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53.

3. Oregon’s Statewide Information Security Program Plan:

https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx.

4. Oregon’s Enterprise Information Services (“EIS”) Cyber & Information Security policy: 107-004-052.pdf https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r4.pdf http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r4.pdf https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx https://www.oregon.gov/das/Policies/107-004-052.pdf

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3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Title Page and Table of Contents

• Company History, Qualifications, and Experience

• Implementation Plan

• Work Samples

• Key Persons and Resumes

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

3.2.2 Proposal Page Limits

Proposal is limited to a maximum of 30 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Title Page and Table of Contents

• Key Person Resumes

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

3.2.3 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in Section 4.5, Proposal Delivery Options, for electronic submission.

The Price Proposal must be submitted as a separate electronic response file.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under

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Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

3.2.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by DAS SPS.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Services to be performed. A Proposal that merely offers to provide the services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Title Page and Contents

Proposal’s Title Page and Contents must include:

1. RFP title.

2. Name, address, and telephone number of Proposer.

3. Name and title of contact person for Proposer.

4. Table of Contents of the Proposal, giving a clear identification of the Proposal

Requirements materials by section and page number.

3.3.2 Company History, Qualifications, and Experience

Proposal must include a brief description of Proposer’s history, experience, and services provided. The description must include the Proposer’s number of years of experience providing similar services to those required by this RFP.

Proposer must establish capability to provide all services in the Statement of Work, RFP Attachment A, Sample Contract, Exhibit A. Proposer must provide a written statement that describes the Proposer’s relevant qualifications, certifications, accreditations, expertise, and other documentation that demonstrate that Proposer is qualified and experienced in delivering the services required by this RFP.

Proposer must describe their experience including but not limited to:

1. Experience providing rebate administrative services for clients and/or multiple entities, specifically referencing any such services delivered on a

DAS Procurement Services, Version 4.5 March 31, 2023 Page 11 of 25 statewide basis. Include any experience related to large programs, grants, and/or federally funded programs.

2. Experience operating an incentive and rebate program including tracking, reporting, processing, verification, auditing, and administration.

3. Experience with data-driven and continuous program evaluation and improvement.

4. Experience with consumer protection, quality assurance, and quality control activities.

5. Experience researching, tracking, documenting and reporting energy savings and other benefits achieved from services similar to those required by this RFP.

6. Experience implementing services and programs within socially, culturally, and economically diverse communities.

7. Experience coordinating and working with utilities, local governments, contractors, and community-based organizations.

8. Experience working with residential building contractors and/or implementing home retrofit projects.

3.3.3 Implementation Plan

Proposer must provide a comprehensive implementation plan which the Proposer intends to follow, that describes how the Proposer would carry out each of the major activities of the services in the Statement of Work, RFP Attachment A, Sample Contract, Exhibit A. The comprehensive implementation plan must include a narrative of the following:

1. Describe how Proposer plans to approach, coordinate, implement, and complete each service described in the Statement of Work.

a. Describe the steps, processes, procedures, and timeline for Services.

Include major milestones and deliverables.

b. Illustrate how the Proposer’s plan will serve to coordinate and accomplish the services within budget, in a timely manner.

2. Describe the potential risks and challenges that may arise during implementation and how Proposer plans to address them.

3. Describe how Proposer will engage the workforce and community through educational and outreach activities. Include how Proposer will engage and work with local contractors to ensure high-quality installations that meet all program requirements.

4. Describe how Proposer will coordinate and collaborate with COU’s and IPC to represent customers in COU and IPC service areas to effectively issue rebates, stack incentives, share data, and meet other programmatic goals and requirements.

5. Describe how Proposer will work with local communities and community-based organizations to meet or exceed the programs’ low-income requirements. Include how Proposer will help low-income residents combine funding from multiple programs to achieve zero-cost, whole-home retrofits.

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6. Describe how the Proposer will ensure effective consumer protection, quality assurance and quality control, including by implementing an inspections process.

Provide information in enough detail that the Evaluation Committee can determine whether Proposer has a thorough understanding and extensive experience delivering the services required by this RFP.

3.3.4 Work Samples

Proposer must provide a minimum of two and no more than three related samples of work that the Proposer has performed and completed within the past 10 years. Work samples must include the following information:

1. Client name;

2. Project name and location;

3. Description of services delivered;

4. Length of project;

5. Budget and control of costs;

6. Ability to meet the schedule, challenges, and budget;

7. If subcontractors were used and a description of their roles and responsibilities; and

8. Description of coordination with community-based organizations, utilities, and/or state agencies.

3.3.5 Program Team and Resumes

Specify the dedicated Administrative Program Manager that will be responsible for the project implementation and management as required per Section 3.1.2. Additionally, identify other personnel , including subcontractors, to be assigned to this project, with a brief description of their roles. Include a current resume (not to exceed two pages each) for each person, assigned to the Program Team, that demonstrates the person’s qualifications and experience for the Work described in this RFP.

3.3.6 Disclosure Exemption Affidavit

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Proposer Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

3.3.7 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

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3.3.8 Price Proposal

Proposer shall submit a completed Price Proposal (Attachment D) with Proposal.

The Price Proposal must be complete with pricing or a note of not applicable (N/A) in all fields.

3.3.9 COBID Certification/Outreach Plan

Proposer shall complete and submit the COBID Certification / Outreach Plan (Attachment E).

3.3.10 Responsibility Inquiry

Proposer shall complete and submit the Responsibility Inquiry form (Attachment F).

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project;

• Explain the RFP process; and

• Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon DAS SPS. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by virtually attending the Microsoft Teams meeting or calling in per the link and telephone number below:

Join on your computer, mobile app or room device

Click here to join the meeting Meeting ID: 259 021 496 208 Passcode: mD9w5rs7 https://oregonbuys.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGZkYjJmMTUtYmU3Yy00NmFiLTgzNzctODVkZjgxZmFlMDIw%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2249f2a2d7-4891-46e7-bea0-351fe99c60cf%22%7d

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Or call in (audio only)

+1 503-446-4951,827159202# United States, Portland Find a local number Phone conference ID: 827 159 202#

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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 SPC via an OregonBuys submission;

• Reference the OregonBuys 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 in Section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section 5.4.1.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or, if different, by the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, tel:+15034464951,,827159202 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=827159202

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Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received on the second Business Day following the issuance of the Amendment or, if different, by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. DAS SPS is not responsible for any transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Proposal must be electronically submitted through OregonBuys at:

https://www.OregonBuys.gov/bso.

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will not be conducted. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

https://www.oregonbuys.gov/bso 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

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4.9 PROPOSAL REJECTION

DAS SPS may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or has inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on DAS SPS’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

DAS SPS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment F) with Proposal.

At any time prior to award, DAS SPS may reject a Proposer found to be not Responsible.

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain

DAS Procurement Services, Version 4.5 March 31, 2023 Page 17 of 25 portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.2.1 Evaluation Item 1 : Company History, Qualifications, and Experience

• How well does the Proposer describe how their company history, experience, and services align with the services described in the RFP?

• How well does the Proposal demonstrate Proposer’s qualifications and experience in delivering the services required and meeting the needs of the Agency?

• How well does the Proposer describe how Proposer’s resources and business qualifications will meet the needs of the RFP? This includes capacity to perform, location of the Proposer’s office(s), support services, years of experience performing these services?

4.10.2.2 Evaluation Item 2 : Implementation Plan

• How well does the Proposal describe the plan to carry out the services?

• How well does the Proposal demonstrate Proposer’s understanding of the Services and demonstrate expertise to successfully deliver the Services and their ability to serve customers?

o Does the Proposal address all the Services in the Statement of Work, RFP Attachment A, Sample Contract, Exhibit A ?

o Does the Proposal describe how the Proposer will manage each of the Home Energy Rebate Programs requirements and implementation processes?

• Does the Proposal describe the steps, processes, procedures, and timeline for services?

• How well does the Proposal illustrate a comprehensive plan to coordinate and accomplish the services requested within budget and in a timely manner?

• How well does the Proposer describe how the Proposer plans to address potential challenges that may arise during implementation?

• How well does the Proposer illustrate how the Proposer will engage the workforce and community through educational and outreach activities?

• How well does the Proposer describe how the Proposer will collaborate and coordinate with utilities to serve customers in COU and IPC service areas?

• How well does the Proposal describe Proposer’s process and plan for quality assurance and implementation of quality control procedures?

4.10.2.3 Evaluation Item 3: Work Samples

• How well does the Proposal demonstrate capability and experience similar to the Services requested in the RFP?

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4.10.2.4 Evaluation Item 4 : Key Persons and Resumes

• Does the Proposer identify the Administrative Program Manager and additional project team members, including subcontractors, to be assigned to this project?

• How well does the Proposer’s project team and their resumes demonstrate the Proposer has the qualifications and experience necessary to provide the services described in the RFP?

4.10.3 PRICE EVALUATION

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

4.10.4 PREFERENCES

4.10.4.1 Oregon Supplies and Services

DAS SPS prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, DAS SPS shall subtract 10% from the price for any Proposer proposing all Services performed entirely in Oregon before calculating the price score.

4.10.4.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, DAS SPS shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.4.3 Tiebreakers

If DAS SPS receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, DAS SPS shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.11 POINT AND SCORE CALCULATIONS

Points are the total possible for each section as listed in the table below.

TOTAL POINTS POSSIBLE : 1000

EVALUATION ITEM POINTS POSSIBLE 900

4.10.2.1 Evaluation Item 1: Company History, Qualifications, and Experience https://www.naspo.org/reciprocity1

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Scores are the values (0 through 10) assigned by each evaluator based upon the table below.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

DAS SPS may, in DAS SPS’s sole discretion, determine an apparent successful Proposer with no

4.10.2.2 Evaluation item 2: Implementation Plan 500

4.10.2.3 Evaluation Item 3: Work Samples 100

4.10.2.4 Evaluation Item 4: Key Persons and Resumes 50

4.10.3 PRICE POINTS POSSIBLE 100

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 20 of 25 additional rounds of competition. If additional rounds are conducted, DAS SPS will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS SPS may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.12.1 Competitive Range Determination

If DAS SPS, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at DAS SPS’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. DAS SPS will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.12.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

DAS SPS will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by DAS SPS.

4.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS SPS conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS SPS, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. DAS SPS may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

DAS SPS will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If DAS SPS receives only one Proposal, DAS SPS may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

DAS SPS will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required

DAS Procurement Services, Version 4.5 March 31, 2023 Page 22 of 25 information may not be considered by DAS SPS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS SPS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by DAS SPS or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to DAS SPS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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After selection of a successful Proposer, DAS SPS may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to DAS SPS during the Questions / Requests for Clarification period set forth in Section 1.2. If DAS SPS agrees to make any requested changes to the Sample Contract, DAS SPS will issue an Amendment to notify Proposers of such changes. Unless DAS SPS issues an Amendment modifying any of the terms and conditions, DAS SPS intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, DAS SPS is not required to make any changes, and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

DAS SPS is willing to negotiate ONLY the Statement of Work (Exhibit A to Attachment A) and the following terms and conditions:

Ex…