RFQ 24-026 SEED PROGRAM.pdf

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 1 of 17

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF ENERGY

STATE ENERGY EFFICIENT DESIGN (SEED)

ENERGY ANALYST

Request for Qualifications (RFQ)

RFQ NUMBER 24-026

OREGON BUYS NUMBER S-33000-00010556

Date of Issue: June 6, 2024

Closing Date: June 26, 2024

Single Point of Contact (SPC): Gail Sullivan

Address: 550 Capitol St NE City, State, Zip Salem, OR 97301 Phone (voice) 971-240-1657 E-mail: Gail.SULLIVAN@energy.oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 RESERVED

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: PROCUREMENT AUTHORITY AND OVERVIEW OF RFQ

2.1 AUTHORITY AND METHOD

2.2 SCHEDULE

2.3 DEFINITION OF TERMS

2.3.1 General Definitions

2.3.2 Project Specific Definitions

2.4 OVERVIEW

2.4.1 Solicitation Process

2.5 DESCRIPTION OF AN ENERGY ANALYST

SECTION 3: STATEMENT OF QUALIFICATION (“SOQ”) REQUIREMENTS AND

EVALUATION

3.1 SOQ DOCUMENTS

3.1.2 Questions / Requests for Clarification

3.1.3 SOQ Submission Options

3.1.3.1 Submission through email

3.1.3.2 Submission through Mail or Parcel Carrier

3.1.4 SOQ Modification or Withdrawal

3.1.5 SOQ Due

3.1.6 SOQ Rejection

3.1.7 Opening of SOQ

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.2 SOQ Page Limit

3.2.3 Authorized Representative

3.3 SOQ FORM REQUIREMENTS

3.3.1 Disclosure Exemption Affidavit (if applicable)

3.3.2 Interested Proposer Information and Certification Sheet

3.3.3 Responsibility Inquiry

3.4 MINIMUM ENERGY ANALYST FIRM AND PERSONNEL QUALIFICATIONS

3.4.1 Minimum Qualifications (Pass/Fail)

3.5 SOQ CONTENTS

3.5.1 Energy Analysis Experience and Project History

2.a of 17

3.5.2 Project Expertise

3.5.3 Work Samples

3.5.4 Key Personnel and their Resumes

3.5.4.1 Personnel Experience/Qualifications

3.5.5 Modeling experience

3.5.6 Resumes

3.6 REFERENCES

3.7 EVALUATION PROCESS

3.7.1 Responsiveness Determination

3.7.2 Scored Evaluation Criteria

3.7.3 Evaluation Committee

SECTION 4: AWARD AND NEGOTIATION

4.1. AWARD CONSIDERATION

4.2 INTENT TO AWARD NOTICE

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3.1 Taxpayer Identification Number

4.3.2 Business Registry

4.4 PREQUALIFIED LIST AGREEMENT

SECTION 5: ADDITIONAL INFORMATION

5.1 GOVERNING LAWS AND REGULATIONS

5.2 OWNERSHIP/PERMISSION TO USE MATERIALS

5.3 CANCELLATION OF RFQ; REJECTION OF SOQ; NO DAMAGES

5.4 COST OF SUBMITTING A SOQ

5.5 CHECKLIST DISCLAIMER

SECTION 6 : LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE CONTRACT/AGREEMENT

ATTACHMENT B - DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C - INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D - REFERENCES FORM

ATTACHMENT E – RESERVED

ATTACHMENT F – COBID

ATTACHMENT G – RESPONSIBILITY INQUIRY

2.b of 17

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 3 of 17

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Energy (“ODOE”) is issuing this Request for Qualifications (RFQ) to establish a short-list of prequalified Energy Analysts to conduct energy consumption analysis for state agencies (“Contracting Agency”) that construct new facilities or renovate existing facilities. Per Oregon Revised Statute (ORS) 276.900, “it is the policy of the State of Oregon that facilities to be constructed or purchased by authorized state agencies be designed, constructed, renovated and operated so as to minimize the use of nonrenewable energy resources and to serve as models of energy efficiency.”

ODOE anticipates prequalifying one or more Energy Analysts and intends to establish a pool of qualified Energy Analysts for the State Energy Efficient Design (SEED) program via Prequalified List Agreements resulting from this RFQ. Interested Energy Analysts are encouraged to submit a Statement of Qualifications (“SOQ”).

1.2 RESERVED

1.3 SINGLE POINT OF CONTACT (SPC)

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

Interested Proposers shall direct all communications related to any provision of the RFQ whether about the technical requirements of the RFQ, the Prequalified List Agreement, the RFQ process, or any other provision only to the SPC.

SECTION 2: PROCUREMENT AUTHORITY AND OVERVIEW OF RFQ

2.1 AUTHORITY AND METHOD

ODOE is issuing this RFQ pursuant to its authority under OAR 125-246-0170(2), its express authority under ORS 276.915(3)(g) and (7) and OAR 330-130-0090, which permit ODOE to establish a list of prequalified Energy Analysts through a solicitation process.

2.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change.

Event Date / Time (if applicable)

RFQ Issue Date June 6, 2024

Written Questions / Requests for Clarification Due June 12, 2024 12:00 pm

Responses to Written Questions / Requests for Clarification Due (approximately) June 17, 2024

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 4 of 17

Closing Date - Interested Proposer Statement of Qualifications (“SOQ”) Due within Oregon Buys June 26, 2024, 4:00 pm

Evaluation Period for SOQs Received Completed By July 30, 2024 (approximately)

Selection as a Prequalified Energy Analyst Notification Letters To be determined

Prequalified List Agreement(s) for Energy Analyst Services (approx.) To be determined

2.3 DEFINITION OF TERMS

For the purposes of this RFQ, capitalized words will refer to the following definitions.

2.3.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125- 2460110.

2.3.2 Project Specific Definitions

Alternative Energy System means an environmentally sound energy system that uses power derived from renewable resources including, but not limited to, the sun, wind, geothermal sources and heat recovery.

Agency means a state agency, board, commission, department or division that is authorized to finance the construction, purchase or renovation of a facility that is or will be used by the State of Oregon (see OAR 330-130-0020(1))

Class I Buildings include the following:

• New buildings, additions, or renovations of 10,000 or more square feet of heated or cooled floor area; and

• Building additions that increase the size of an existing building to 10,000 or more square feet of heated or cooled floor area, and renovations to buildings of 10,000 or more square feet of heated or cooled floor area, which significantly affect either:

1. The existing mechanical or control system; or

2. At least two of the following energy systems: interior lighting, building envelope, the domestic hot water system, or special equipment that uses energy.

Contracting Agency means the Agency entering into a contract for facility construction or renovation (see OAR 330-130-0020(1)).

Cost-effectiveness for the purpose of the SEED program, is established by a benefit-to-cost analysis. If the benefit-to-cost ratio (BCR) exceeds 1.0, the Energy Conservation Measure (ECM) is considered to be cost-effective. BCR = Present value measure savings (PVS) divided by Present Value Incremental Cost (PVC). A detailed description is included in SEED Appendix J, http://www.oregon.gov/energy/energy-oregon/Documents/SEED%20Guidelines%20Appendix%20J.pdf http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://www.oregon.gov/energy/energy-oregon/Documents/SEED%20Guidelines%20Appendix%20J.pdf http://www.oregon.gov/energy/energy-oregon/Documents/SEED%20Guidelines%20Appendix%20J.pdf

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 5 of 17

ECM: see “Energy Conservation Measure”

Energy Analyst is a person who has expertise in analyzing energy savings and Energy Conservation Measure (ECM) costs, prepares the building energy analysis and the Energy Analysis Report

Energy Conservation Measure (ECM) is a measure primarily designed to reduce the use of energy resources in a facility.

Energy Consumption Analysis is the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components and the external energy load imposed on a major facility by the climatic conditions of its location. Energy Consumption Analysis includes, but is not limited to:

• The comparison of a range of alternatives that is likely to include all reasonable, Cost-effective ECMs and alternative energy systems;

• The simulation of each system over the entire range of operation of a major facility for a year’s operating period; and

• The evaluation of energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs.

Facility means a building or other structure owned or controlled by a Contracting Agency that is used or occupied by employees of the Contracting Agency or that is used for conducting public business.

Renovation means an addition to, alteration of or repair of a facility that adds to or alters the facility’s energy systems, provided that the affected energy systems account for 50 percent or more of the facility’s total energy use.

2.4 OVERVIEW

The SEED program was established in 1991 and directs authorized state agencies to work with ODOE to ensure cost-effective energy conservation measures are included in new and renovated public buildings. The program also requires that all newly constructed or renovated state facilities exceed the energy conservation provisions of the Oregon State building code by at least 20 percent.

Per OAR 330-130-0090(1)(a), ODOE is required to establish a list of prequalified Energy Analysts to execute the provisions of the SEED program through a solicitation process that uses qualification-based scoring criteria to determine a person’s ability to perform building energy analysis. Further, per ORS 276.915, whenever a Contracting Agency determines that a major facility is to be constructed or renovated, such Contracting Agency shall require, in the design phase of the construction or renovation project, that an energy consumption analysis be prepared under the direction of a person that is prequalified by ODOE.

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 6 of 17

2.4.1 Solicitation Process

ODOE will establish a short list consisting of those Interested Proposers that meet the qualifications of this RFQ, pursuant to the evaluation criteria below, and those Interested Proposers that qualify will be invited to join a pool of prequalified firms by entering into a Prequalified List Agreement (see Attachment A, Sample Prequalified List Agreement).

Once prequalified, the Energy Analyst is eligible to submit a bid or proposal to direct an energy consumption analysis for a Contracting Agency (ORS 276.915(7)).

Per OAR 330-130-0090, Contracting Agencies must only select persons or firms that have been prequalified by ODOE to perform energy analysis services, unless a Contracting Agency has requested and received preapproval from ODOE for an exemption (See ORS 276.915(7) and OAR 330-130-0090(1)(a)(B)).

Following prequalification, ODOE is not responsible for or involved in the follow-on procurement and contracting processes of Contracting Agencies for Energy Analyst services. Consequently, ODOE will not issue a subsequent RFP following conclusion of this RFQ process. This RFQ does not commit ODOE to enter into a Contract, as that term is defined under the public contracting code (ORS 279A, ORS 279B, ORS 279C). Execution of a Prequalified List Agreement does not obligate ODOE in any way to the prequalified entity, nor does it guarantee a Contracting Agency will select a firm prequalified for the performance of Energy Analyst services. Further, Contracting Agencies must still comply with and a prequalified entity must still participate in any follow-on procurement processes applicable to the Contracting Agency for the performance of Energy Analyst services. Nothing in this RFQ nor Prequalified List Agreement relieves any Contracting Agency from complying with all applicable laws and regulations, including the Contracting Agency’s procurement rules.

2.5 DESCRIPTION OF AN ENERGY ANALYST

An Energy Analyst is an advocate for energy efficient design resulting in a building that serves as a model of energy efficiency and leads design team efforts in implementing energy efficient strategies in the building systems design. Through early involvement in the design process, the Energy Analyst assures energy efficiency is an integral part of the building design.

An Energy Analyst shall be knowledgeable about all building systems (including building envelope, heating, ventilation, air-conditioning, and lighting systems) and shall have expertise with current energy efficient technologies.

SECTION 3: STATEMENT OF QUALIFICATION (“SOQ”) REQUIREMENTS AND EVALUATION

3.1 SOQ DOCUMENTS

3.1.1 Public Notice

This RFQ, including all Addenda and attachments, is published in the OregonBuys e-procurement system. RFQ documents will not be mailed to Interested Proposers.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 7 of 17

ODOE shall advertise all Addenda on OregonBuys e-procurement system. Interested Proposers are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFQ by this reference.

3.1.2 Questions / Requests for Clarification

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

• Be emailed to the Single Point of Contact (SPC).

• Reference the RFQ number (#24-026 / OregonBuys#S-33000-00010556)

• Identify Interested Proposer’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the RFQ 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

3.1.3 SOQ Submission Options

Interested Proposers must complete and submit via OregonBuys all required items, in accordance with all instructions in this RFQ, no later than the RFQ Closing Date and time specified in OregonBuys for this RFQ (submittals by any other means will be rejected).

Interested Proposes are solely responsible for ensuring their SOQ is received by the SPC in accordance with the RFQ requirements before the Closing Date. SOQ’s submitted by any means not authorized will be rejected.

3.1.3.1 Submission through email

Submission through email will not be accepted.

3.1.3.2 Submission through Mail or Parcel Carrier

Submission through parcel carrier or mail will not be accepted.

3.1.4 SOQ Modification or Withdrawal

If an Interested Proposer wishes to withdraw or make modifications to a submitted SOQ, Interested Proposer must do so through OregonBuys, using the “Withdraw Quote” button, prior to the SOQ Opening Date and time for this RFQ in compliance. All SOQ’s modifications or withdrawals must be completed prior to the Closing Date.

3.1.5 SOQ Due

SOQ and all required submittal items must be received by the SPC on or before the Closing Date.

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 8 of 17

SOQ’s received after the Closing Date are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Interested Proposer or destroyed.

3.1.6 SOQ Rejection

ODOE may reject an SOQ for any of the following reasons:

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

• Interested Proposer makes any contact regarding this RFQ with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

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

• SOQ is conditioned on ODOE’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 RFQ or Addenda.

• SOQ does not contain all the information requested in this RFQ.

• SOQ is determined to contain false statements or misrepresentations.

3.1.7 Opening of SOQ

There will be no public Opening of SOQ’s. SOQ’s received will not be available for inspection until after the evaluation process has been completed. However, ODOE will record and make available the identity of all Interested Proposers after Opening.

3.2 MINIMUM SUBMISSION REQUIREMENTS

Interested Proposers are responsible for carefully reading this RFQ and following the instructions given. SOQ’s should clearly describe qualifications; experience and capability to do the work described in this RFQ and must include all information requested herein. SOQ’s that do not contain all the information requested may be rejected as non-responsive. Additionally, SOQ’s that are determined to contain false statements or misrepresentations may be disqualified from consideration, and any Prequalified List Agreement resulting from a SOQ containing false information will be terminated.

3.2.1. SOQ Format and Quantity

SOQ’s should follow the format and reference the sections listed in this RFQ. Responses to each section and subsection should be labeled to indicate the item being addressed. SOQ’s must describe in detail how requirements of this RFQ will be met and may provide additional related information.

The SOQ must be typed and prepared in a simple, economical manner.

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 9 of 17

Interested Proposers must submit:

• One (1) complete electronic copy

• Electronic documents must be provided in commonly used formats, such as Microsoft Word or PDF.

3.2.2 SOQ Page Limit

SOQ’s must not exceed 10 pages including pictures, charts, graphs, tables and text. 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.

• Work Samples

• Resumes

• Disclosure Exemption Affidavit (Attachment B) –

• Interested Proposer Information and Certification Sheet (Attachment C)

3.2.3 Authorized Representative

A representative authorized to bind the Interested Proposer shall sign the SOQ. Failure of the authorized representative to sign the SOQ may subject the SOQ to rejection by ODOE.

3.3 SOQ FORM REQUIREMENTS

3.3.1 Disclosure Exemption Affidavit (if applicable)

If Interested Proposer believes any of its SOQ is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), Interested Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and an additional fully redacted version of its SOQ, clearly identified as the redacted version.

All SOQ’s are public records and are subject to public inspection.

Interested Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the SOQ, in whole, as exempt from disclosure is not acceptable. Agency advises each Interested Proposer to consult with its own legal counsel regarding disclosure issues.

3.3.2 Interested Proposer Information and Certification Sheet

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

3.3.3 Responsibility Inquiry

The Proposer shall complete and submit the Responsibility Inquiry (Attachment G).

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 10 of 17

3.4 MINIMUM ENERGY ANALYST FIRM AND PERSONNEL QUALIFICATIONS

Qualifications, for purposes of this RFQ, may be satisfied by more than one key person employed by a firm seeking qualification, provided the skills and experiences requirements are met. If Interested Proposer is a firm, all Key Personnel must be employees of the firm.

Subcontracting personnel for key positions is not allowed. All experience used to qualify must be within the last five years, except SEED project experience which may be within the last ten years.

3.4.1 Minimum Qualifications (Pass/Fail)

Energy analysis reports must be provided by or prepared under the direction of a Professional Engineer or Registered architect and Oregon licensed in accordance with ORS Chapter 672 and ORS 671, respectively. Interested Proposers shall provide in its SOQ, Key Personnel section, the following information:

• The name of the individual employed by Interested Proposer who currently holds a valid certification of registration to practice engineering or architecture (as applicable), the jurisdiction of the registration and the registration number;

or

• The name of the individual not employed by Interested Proposer who currently holds a valid certificate of registration to practice engineering or architecture (as applicable) in the State who Interested Proposer has engaged to be in responsible charge of the work; or

3.5 SOQ CONTENTS

3.5.1 Energy Analysis Experience and Project History

• Demonstrate ability of firm to perform energy studies evaluating innovative energy-efficient designs that have been implemented and successfully operated.

• Detail broad experience of firm with commercial and institutional building energy systems and operating characteristics similar to buildings to be constructed by a Contracting Agency.

Describe experience with life cycle cost analysis and value-engineering methods that identify opportunities to lower long-term operating costs through incorporation of energy conservation measures. This includes experience in determining accurate cost estimates for evaluating the cost effectiveness of energy efficiency measures, and experience with life-cycle analysis methods that reflect equipment operation and maintenance costs and that incorporate the useful life of measures.

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 11 of 17

Project History

• Using the format in the table below, describe project work performed during the last five years (or last 10 years for SEED program projects) that is similar to the experience being requested in this RFQ, including:

o Brief description of each project.

o Identify the client organization, including the name, e-mail, and telephone number of the appropriate contact person.

o List the Energy Analyst(s) that worked on each project and describe their role in the analysis in the following format:

Project name and description

Date of Project Report

Client Contact name, telephone number and email address

Proposer’s Key Personnel on project

Role of Key Personnel

ODOE may contact Interested Proposers’ past clients to obtain professional references.

3.5.2 Project Expertise

• Describe how work will be organized, managed, and administered to meet specified requirements in the SEED Guidelines.

• Demonstrate the ability to accomplish tasks required for SEED analysis.

• Describe the firm’s Quality Assurance/ Quality Control Plan. Provide name(s) of Key Personnel responsible for quality control of all components of the energy analysis.

3.5.3 Work Samples

Provide three work samples that demonstrate the firm’s experience performing energy analysis for projects meeting the requirements of the SEED program. Work Samples do not count toward the SOQ page limit.

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Work samples must:

• Have been completed in the last ten years for SEED projects. Other equivalent energy analysis studies for non-SEED projects must have been completed in the last five years.

• Demonstrate the ability to present ideas and written materials in a clear and simple manner to the client

• Identify proposed key personnel who worked on the project(s) and describe their role in the analysis.

o A minimum of two of the samples must have been authored by proposed key personnel.

o Higher points may be awarded for work samples where proposed key personnel have authored all of the samples.

• Represent comprehensive projects for which complex energy systems were proposed and analyzed.

• Demonstrate expertise in performing energy modeling analysis of complex systems in non-residential buildings.

• Demonstrate the required level of experience and expertise to meet the qualifications of this RFQ AND contain the level of detail required in SEED reports (described in SEED Guidelines Appendix H)

ODOE may contact Interested Proposers’ past clients to obtain professional references.

3.5.4 Key Personnel and their Resumes

3.5.4.1 Personnel Experience/Qualifications

Submit names and relevant experience of the key personnel who will perform the work.

All Key Personnel must be employees of the firm. No subcontractors will be prequalified.

3.5.5 Modeling experience

Demonstrate three or more years of full-time modeling experience with a computerized building modeling tool for energy analysis on the list of programs approved for use under the SEED Program. Modeling experience should include the following:

• basic building features such as: internal gains, multiple zones with central HVAC systems, daylighting, envelope measures that affect thermal transmission, and architectural shading effects

• Model mechanical systems utilizing project specific inputs and central plant partial-load operating efficiencies.

• Use lighting photometric calculations in estimating light levels.

• Model complex ECMs such as heat recovery, fan and pump variable frequency drive applications, ground-loop heat pumps, and enhanced direct digital control strategies.

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 13 of 17

• Determine which energy systems can be successfully modeled with the energy simulation software program.

• Simulate program default values if they are appropriate for the particular systems selected.

• Establish procedures within firm’s modeling team for the transfer of design document details into the energy model.

• Develop appropriate schedules for occupancy, lighting, equipment loads, etc.

based on input from project owner.

• Interpret model output reports and results, such as annual and monthly end-use analysis, equipment efficiencies, and part-load operation.

• Establish in-house modeling quality control process.

• Calibrate energy models to match actual post occupancy conditions including variations in weather, building operation and installed equipment.

• Produce accurate energy models where modeled energy use matches with actual facility energy use.

• Perform simple hand calculations and spreadsheet analysis to modify energy model input variables, model output results or to provide stand-alone analysis.

Calculations shall follow the Exceptional Calculation Method as defined in the SEED Program Guidelines.

List all modeling programs with which the analyst has experience.

Key personnel Building simulation modeling program(s)

Years of energy modeling experience

List projects modeled with each program(s) (if more than 5, please only list up to 5 projects)

Dates of projects

3.5.6 Resumes

Provide brief resumes for all Key Personnel that give sufficient information to demonstrate that the required experience is met and that support the personnel and firm’s ability to successfully complete the work described in this RFQ. Resumes should be concise and focused on education, professional credentials and work experience over the last 10 years. Note any relevant certifications. Resumes do not count toward the SOQ page limit.

Future substitutions of personnel identified herein will be allowed only with prior approval of the Department of Energy.

3.6 REFERENCES

Provide at least three references from current or former clients for similar SEED level projects performed within the last five years. References must verify the quality of previous related Work. References will not be scored and do not count toward the SOQ page limit. However, references must be provided or the SOQ will be deemed non-responsive.

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ODOE may verify that the provided references support the Interested Proposer’s ability to comply with the requirements of this RFQ. ODOE may contact any reference (submitted or not) to verify Interested Proposer’s qualifications.

3.7 EVALUATION PROCESS

3.7.1 Responsiveness Determination

SOQ’s received prior to Closing will be reviewed for Responsiveness to all RFQ requirements including compliance with the Minimum Requirements section, Forms, and SOQ Content Requirements section. If the SOQ is unclear, the SPC may request clarification from Interested Proposer. However, clarifications may not be used to rehabilitate a non-Responsive SOQ. SOQ’s that are found to be non-responsive will be rejected; however, ODOE may waive mistakes.

3.7.2 Scored Evaluation Criteria

POINTS

POSSIBLE STATEMENT OF QUALIFICATIONS (SOQ) EVALUATION CRITERIA

Energy Analysis Experience and Project History (3.5.1) Describes the firm’s experience performing energy studies for commercial and institutional building systems and with life cycle cost analysis for energy saving measures.

Project Expertise (3.5.2) Describes the firm’s ability to organize, manage and administer projects, including ability to complete SEED Analysis. Describes quality control/assurance plan and process of firm. Lists project history during last five years with required details.

Work Samples (3.5.3) – Presented in a clear and simple manner and represent comprehensive projects for which complex energy systems were analyzed.

Demonstrate expertise in performing energy analysis and required level of experience to meet RFQ qualifications. Samples contain the level of detail required in SEED reports. A minimum of two samples have been authored by proposed Key Personnel. Higher points possible if all samples were authored by proposed Key Personnel. Work samples from past SEED projects must have been completed within the last 10 years. Work samples from other equivalent energy analysis project must have been completed within the last five years.

Key Personnel and Resumes (3.5.4) – Name and experience (including modeling) for all Key Personnel. Concise resumes for all Key Personnel demonstrate that Personnel have the required experience.

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3.7.3 Evaluation Committee

Evaluations will be conducted by an Evaluation Committee appointed by ODOE. The Evaluation Committee will consist of no less than three (3) scoring evaluators. The total number of evaluators will be determined by ODOE at its sole discretion who may consult with non-scoring technical advisers.

Evaluation Committee members will independently score the SOQ’s and allocate points for each SOQ.

All, part, or none of the maximum points for each answer may be awarded. The sum of all scores awarded to each Interested Proposer will be divided by the total number of scoring Evaluation Committee members to compute an average score for each Interested Proposer. SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of SOQ’s.

A response to a clarification request must be to clarify or explain portions of the already submitted SOQ and may not contain new information not included in the original SOQ. An Interested Proposer’s maximum score for evaluation criteria listed is 100 points.

SECTION 4: AWARD AND NEGOTIATION

4.1. AWARD CONSIDERATION

All responsive, Interested Proposers receiving 75 out of the 100 possible points based on the scored evaluation criteria, above, will be short-listed and offered a Prequalified List Agreement.

Upon completion of ODOE’s evaluation, ODOE will notify each Interested Proposer whether its SOQ was successful and will invite successful Interested Proposers to enter into a Prequalified List Agreement.

ODOE will list the successful Interested Proposer(s), with Prequalified List Agreements, as prequalified Energy Analyst(s)in accordance with ORS 276.915. Once prequalified, the Energy Analyst is then eligible to submit a bid or proposal to direct an energy consumption analysis for an authorized state agency.

4.2 INTENT TO AWARD NOTICE

ODOE will notify all Interested Proposers in Writing that ODOE intends to award a Prequalified List Agreement to the selected Interested Proposer(s) in substantially the form provided in Attachment A.

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3.1 Taxpayer Identification Number

The apparent successful Interested Proposers shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

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• When requested by ODOE (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

4.3.2 Business Registry

If selected for award, Interested Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Prequalified List Agreement.

The selected Interested Proposer shall submit a current Oregon Secretary of State business registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://sos.oregon.gov/business/Pages/register.aspx

4.4 PREQUALIFIED LIST AGREEMENT

By submitting a SOQ, Interested Proposer agrees to comply with the requirements of the RFQ, including the terms and conditions of the Sample Prequalified List Agreement (Attachment A), except for those terms reserved for negotiation. Interested Proposer shall review the attached Sample Prequalified List Agreement and note exceptions. Unless Interested Proposer notes exceptions in its SOQ, the State intends to enter into a Prequalified List Agreement with the successful Interested Proposer substantially in the form set forth in Sample Prequalified List Agreement (Attachment A). It may be possible to negotiate some provisions of the final Prequalified List Agreement; however, many provisions cannot be changed. Interested Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any SOQ that is conditioned upon ODOE’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

In the event that the parties have not reached mutually agreeable terms within 60 calendar days, ODOE may terminate negotiations.

Following prequalification, ODOE is not responsible for or involved in the follow-on procurement and contracting processes of authorized state agencies for Energy Analyst services.

SECTION 5: ADDITIONAL INFORMATION

5.1 GOVERNING LAWS AND REGULATIONS

This RFQ is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFQ, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the http://sos.oregon.gov/business/Pages/register.aspx

RFQ #24-026 Oregon State Energy Efficient Design (SEED) Energy Analyst Page 17 of 17

State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court.

5.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All SOQ’s submitted in response to this RFQ become the Property of ODOE. By submitting a SOQ in response to this RFQ, Interested Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the SOQ solely for the purpose of evaluating the SOQ, negotiating an Agreement, if awarded to Interested Proposer, or as otherwise needed to administer the RFQ process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). SOQ’s, including supporting materials, will not be returned to Interested Proposer unless the SOQ is submitted late.

5.3 CANCELLATION OF RFQ; REJECTION OF SOQ; NO DAMAGES.

Pursuant to OAR 137-048-0250, ODOE may reject any or all SOQ’s in-whole or in-part or may cancel this RFQ at any time if ODOE believes it is in the public interest to do so. Neither the State nor ODOE is liable to any Interested Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation or rejection of this .

5.4 COST OF SUBMITTING A SOQ

Interested Proposers responding to this RFQ do so solely at their expense, and ODOE is not responsible for any expenses associated with the RFQ. Interested Proposer shall pay all the costs in submitting its SOQ, including, but not limited to, the costs to prepare and submit the SOQ, costs of samples and other supporting materials, or costs to participate in demonstrations.

5.5 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFQ are provided only as a courtesy to prospective Proposer. ODOE makes no representation as to the completeness or accuracy of any Checklist.

Prospective Proposer is solely responsible for reviewing and understanding the RFQ and complying with all the requirements of this RFQ, whether listed in a checklist or not. Neither the State nor ODOE is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFQ.

LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE CONTRACT/AGREEMENT

ATTACHMENT B - DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C - INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D - REFERENCES FORM

ATTACHMENT E – RESERVED

ATTACHMENT F – COBID

ATTACHMENT G – RESPONSIBILITY INQUIRY