Solar RFP S_DASOBO_00012436~1.pdf

STATE OF OREGON

COVER PAGE

Department of Administrative Services, State Procurement Services, is issuing this Request For Proposals (RFP) on behalf of The Oregon Public

Utility Commission, under OregonBuys Bid Number S-DASOBO- 00012436 for

ADMINISTATION, MAINTENANCE, OPERATIONS, AND

SUPPORT OF COMMUNITY SOLAR PROGRAM

Date of Issue: January 14, 2025

Opening Date and Time: March 4, 2025, 2:00 PM

Single Point of Contact (SPC): Kaliska King, CPPB, OPBC, State Procurement Analyst

Address: 1225 Ferry St SE

City, State, Zip Salem, Oregon 97301

Phone (voice) 503-798-1907

Phone () 503-798-1907

E-mail: Kaliska.king@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.

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 PURPOSE………………………………………………………………………………………………………………………………………5

2.5 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

LIST OF ATTACHMENTS: ATTACHMENT A SAMPLE CONTRACT, ATTACHMENT B DISCLOSURE

EXEMPTION AFFIDAVIT, ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET,

ATTACHMENT D REFERENCE CHECK FORM, ATTACHMENT E PRICE PROPOSAL FORM, ATTACHMENT F

COBID CERTIFICATION / OUTREACH PLAN, ATTACHMENT G RESPONSIBILITY INQUIRY

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 Public Utility Commission, (“Agency”), is issuing this Request for Proposal for administration, maintenance, operations, and support (altogether, “Services”) of Oregon’s Community Solar Program (“Program” or “CSP”) established pursuant to ORS 757.386.

Additional details on the Scope of the services are included in the Scope of Work section and Attachment A, Sample Contract, Exhibit A.

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

The initial term of the Contract is anticipated to be 3 years with options to renew.

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 January 22, 2025 11:00 AM

Questions / Requests for Clarification Due January 24, 2025 3:00 PM

Answers to Questions / Requests for Clarification Issued (approx.)

January 30, 2025

RFP Protest Period Ends

February 4, 2025

Opening (Proposal Due) See RFP cover page

Opening of Proposal March 4, 2025 2:00 PM

Issuance of Notice of Intent to Award (approx.) May/June 2025

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

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(3).

DAS SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS SPS 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.

“Community Solar Program” is the program for the procurement of electricity by electric companies from community solar projects.

“Low-Income Facilitator” is the entity responsible for the duties set forth in OAR 860-088-0030.

“Electric company” has the meaning given that term in ORS 757.600.

“Owner” means a retail customer of an electric company who has an ownership interest in a project, such as direct ownership of one or more solar panels or shared ownership of the infrastructure of the project. Owner is defined at the site address level.

“Participant” means either a subscriber or owner.

“Program Administrator” means a third-party directed by the Commission to administer the Community Solar Program.

“Program Implementation Manual” means the set of guidelines and requirements for implementing the Community Solar Program adopted by the Commission.

“Project” means a community solar project as defined in ORS 757.386.

“Project Manager” has the meaning given that term in ORS 757.386.

“Retail customer” means a customer who is a direct customer of the electric company and is the end user of electricity for specific purposes, such as heating, lighting, or operating equipment.

“Solar photovoltaic energy system” has the meaning given that term in ORS 757.386.

2.3 OVERVIEW AND PURPOSE

2.3.1 Overview and Background

In June 2017, Agency adopted administrative rules applicable to Oregon’s Community Solar Program (“Program” or “CSP”) established pursuant to Oregon Revised Statute (“ORS”) 757-

386. See OAR 860-088-0005 through OAR 860-088-0190. OAR 860-088-0020 provides for Agency’s selection of a third-party to administer the Program (“Program Administrator” or “PA”). As adopted in Agency Order 17-232, https://apps.puc.state.or.us/orders/2017ords/17-232.pdf, and as described in OAR chapter 860, division 088, the PA is responsible to facilitate and manage significant aspects of Program design, development, implementation, and administration. Following Order 17- 232, the Agency adopted additional significant Program design elements in Order 19-392 https://apps.puc.state.or.us/orders/2019ords/19-392.pdf and Order 21-317 https://apps.puc.state.or.us/orders/2021ords/21-317.pdf. Proposers can find additional Orders related to the Program in Docket No. UM 1930.

Following an RFP process in 2018 and 2019, the Agency contracted with Cohen Ventures, Inc., dba Energy Solutions, a California corporation (“Energy Solutions”) to implement Program Administration services, including development of a Program Implementation Manual https://www.oregoncsp.org/pim/. Energy Solutions, which continues to serve as the current PA, has implemented the Program since its launch in early 2020. Going forward, the Agency aims to continue and to accomplish key Program goals which include:

• Continuing use and maintenance of existing Information System platform built with Mendex software,

• Pre-certifying remaining unallocated Program capacity,

• Certifying remaining non-operational capacity, and

• achieving 160MW of operating and billing capacity.

The new PA will be central to achieving these Program goals. The PA shall also be responsible for services outlined in Exhibit A of Attachment A, the Sample Contract.

2.4 PURPOSE

Established by the Oregon Legislature in 2016 and launched by the Oregon Public Utility Commission in 2020, the Program allows participants to subscribe to solar projects developed by private entities. Through the CSP, Agency aims to provide equitable access to solar energy and incentives for low and moderate-income residents, small businesses, and other utility customers within PGE, PAC and IPC service territories in Oregon.

The purpose of this RFP is to solicit proposals from firms experienced in the administration of community solar programs to maintain the CSP developed by Energy Solutions under the State’s existing contract while ensuring the Program Administrator meets all program requirements and decreasing costs to ensure responsibility of ratepayer funds. The Program Administrator also needs to manage adequately the transition period to keep costs down and meeting program performance goals.

2.5 SCOPE OF WORK

The scope of Services resulting from this RFP is within and governed by ORS 757.386, OAR chapter 860, division 088, and Commission Order 17-232. The Program Administrator will be responsible working with others to create and maintain the Community Solar Program in Oregon. Additional details on the scope of the Services are included in Attachment A, Sample Contract, Exhibit A Statement of Work.

https://apps.puc.state.or.us/orders/2017ords/17-232.pdf https://apps.puc.state.or.us/orders/2019ords/19-392.pdf https://apps.puc.state.or.us/orders/2021ords/21-317.pdf https://www.oregoncsp.org/pim/

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

3.1.1 Certification Requirements:

Proposer shall submit the following certifications:

3.1.1.1 Provide current certification(s) for at least 1 individual that holds a Mendix low-code application development platform.

3.1.1.2 Provide companywide current certifications for data security, software development and hosting, and data management.

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):

• Technical Proposal

• Disclosure Exemption Affidavit, if applicable (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.2.2 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 See: 4.5 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 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 sections of or attachments to its Proposal that Proposer believes are exempt from disclosure.

3.2.3 Authorized Representative

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

3.3.2 Responsibility Inquiry

Proposer must complete and submit Attachment G — Responsibility Inquiry.

3.3.3 References

Proposer must provide three references from current or former client firms for similar projects within the last five years. The Oregon Public Utility Commission (Agency in this RFP) may not be asked for a reference. References must be able to verify the quality of previous, services substantially similar to the Services required under this RFP.

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal for evaluation.

References will be scored by the Evaluation Committee, but DAS SPS may also use references to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. DAS SPS may use references to obtain additional information, or verify any information needed. DAS SPS may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.3.4 Price Proposal

Proposer must complete and submit a detailed Price Proposal (Attachment E), electronically though OregonBuys.

Propose a budget for a three-year contract for performing all Services, including Low- Income facilitator services, based upon the sample Statement of Work (Exhibit A of Attachment A) using the Price Proposal form, Attachment E. Include hourly rates which must be fully loaded, provide estimated hours and any breakdown of other costs by Proposer’s Staff title.

In Attachment E, Proposer shall provide separate, detailed costs for all Services broken down as follows, and using the provided budget template:

1. Program Administration

2. CSP Platform

3. Utility Integration

4. Project and PM Management

5. Consumer Protection

6. Budget and Funds Management

7. Low-income Facilitator

Compensation under the Contract will be based upon funding mechanisms described in OAR 860-088-0160.

3.3.5 Technical Proposal

3.3.5.1 Management Plan

The Proposal must include a comprehensive management plan for Services that the Proposer intends to follow when delivering Services.

Describe how Proposer would manage and perform the major activities for all Services in context with the scope of Services and in the sample Statement of Work set forth in Exhibit A of Attachment A Sample Contract. Proposer shall describe how the management plan will serve to coordinate and facilitate successful delivery of the Services.

Proposer shall describe major implementation milestones, timing, and strategy to deliver milestones. Proposer shall describe activities from the beginning of the transition period to Certification of remaining unallocated and currently Pre-Certified Program capacity over the three-year contract term.

3.3.5.2 Large Program Management Experience

Proposer shall describe in detail Proposer’s experience developing and administering large-scale programs similar to those required by the Services. Experience should include programs involving several different end-use customer types, regular secure exchange of confidential data, engaging with utilities, and ensuring Program rules are followed by all users. Include any experience with programs that include formal or informal channels for stakeholder engagement and market development of renewables or other energy services.

Proposer shall also describe experience working in the marketplace with renewable energy programs including solar project development, design, interconnection, and other technical aspects required to evaluate solar project proposals submitted to the program.

Proposer shall also describe relevant experience in implementing, compliance and enforcement of complex rules in a regulatory environment, highlighting their capacity to effectively manage and adhere to intricate regulatory frameworks.

3.3.5.3 Secure Data, Financial and Transactional Experience

The successful Proposer will manage a wide variety of project and electric company customer and participant data and funds. This includes data that shall be highly secured such as customer account data and data that may be considered trade secrets.

Proposer shall describe in detail Proposer’s data and funds management experience in these or similar circumstances, and all experience and expertise associated with developing, implementing and maintaining information and funds management systems involving utility customer data and funds.

Proposer should describe experience implementing and maintaining custom information systems using the Mendix low-code application development platform that regularly sends, receives, and processes information with other information systems separately managed by third parties.

Proposer should also describe experience implementing and maintaining secure systems involving the receipt, tracking and sending of funds from and to third parties including for which an independent accountant has determined compliance.

The successful Proposer will also manage participant data, receive monthly customer and solar generation data from the electric companies, calculate bill credits for Program participants depending on participants’ subscription or ownership shares in solar projects, and transmit bill credit data to the utility and Project Managers on a monthly basis.

Proposer shall describe in detail experience performing complicated calculations for ongoing, high volume, electronically administered programs.

3.3.5.4 Low-Income Sector Expertise

If Proposer is able to provide these Services, Proposer shall describe experience implementing and maintaining programs involving recruiting, verifying, and enrolling low-income residents from urban and rural communities in energy efficiency or renewable energy programs that Proposer or Proposer partners administer.

The State may or may not elect to award these Services and may or may not require the successful Proposer to deliver Low-Income Facilitator services as described in the Services.

3.3.5.5 Program Analysis and Stakeholder Engagement

The successful Proposer will analyze and propose revised Program rules and processes. As well as support the Agency in development of policy recommendations that will ultimately be resolved by Agency. Proposer shall provide and describe experience with developing and analyzing relevant Program rules and policy, including an understanding of all regulations and regulatory enforcement.

The successful Proposer must also interact with multiple stakeholders associated with the

Program including participating utilities partners and projects. Proposer must describe in detail its experience maintaining relevant stakeholder relationships, and engaging stakeholders in the review and revision of Program processes and problem solving.

Proposer shall also describe experience in enforcing consumer protections for residential energy efficiency or renewable energy programs that Proposer or Proposer partners administer.

3.3.5.6 Conflict of Interest Management

Proposer shall describe current and potential conflicts of interest that exist or may arise in connection with the Services. Include a plan for managing all conflicts of interest identified and how future conflicts will be identified and managed.

For the purposes of this RFP, a conflict of interest means the potential for any action or any decision or recommendation by Proposer as Contractor when delivering Services and Low- Income Facilitator services, the effect of which would be to the private pecuniary benefit or detriment of the Proposer as Contractor, or any business with which the Proposer as Contractor is associated.

Proposers affiliated with entities separated by clear separate governance or other procedures and practices that create an informational and financial barrier that prevents exchanges that could lead to conflicts of interest are deemed to not have current or potential conflicts of interest; though such Proposers must disclose and explain these relationships and describe all informational and financial protections for these relationships in their response.

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.

https://www.oregonlaws.org/glossary/definition/conflict_of_interest https://www.oregonlaws.org/glossary/definition/action https://www.oregonlaws.org/glossary/definition/decision https://www.oregonlaws.org/glossary/definition/benefit https://www.oregonlaws.org/glossary/definition/business https://oregonbuys.gov/

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

Interested Proposers in attending the Pre-Proposal Conference must email the SPC no later than January 21, 2025, by 5:00 PM to receive a Microsoft Teams meeting invitation.

The pre-proposal conference will be held: Virtually via Teams on January 22, 2025, 11:00 AM Pacific Time.

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, email;

• 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 Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

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 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, 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 by the due date identified in the Amendment or as set forth above.

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 delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

A Proposal submitted by any means not authorized below will be rejected. Only the following delivery option is permitted for this RFP:

Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys. at: OregonBuys.gov

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 submitted on OregonBuys 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

There will be no public opening of Proposals. DAS SPS will make the names of all Proposers available after Opening, but no other information will be available. Proposals received will not 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 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.

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 undisclosed 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 inappropriate contact with the SPC.

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

• Proposal is conditioned on DAS SPS’ 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, DAS SPS 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. Proposer shall submit a signed Responsibility Inquiry form (Attachment G) with its 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 DAS SPS 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:

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 portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.2.1 Management Plan

• How well does the Proposer’s management plan meet the needs of the State of Oregon?

• How well does the Proposer demonstrate the timelines and milestones required to assume all responsibilities of the PA and accomplish Program goals over the contract period, if awarded.

• How well does the Proposer demonstrate a clear and achievable approach to the tasks during and after the transition period, defined as the period during which the Agency maintains contracts with the current and new contract awardees?

• How well does the Proposer demonstrate their understanding of Services and milestones required to assume all responsibilities of the PA and accomplish all tasks during the contract period?

• How well does the Proposer demonstrate its understanding of anticipated challenges including how challenges would be addressed?

• How well does the Proposer demonstrate its ability to effectively manage to contract budgets and produce financial reporting on contract expenditures. This includes detailing its approach to overseeing financial tasks and ensuring accountability throughout the contract period.

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.

4.10.2.2 Large Program Management Experience

• How well does the Proposer demonstrate relevant experience in large program management to meet the needs of the state?

• How well does the Proposer demonstrate their approach to effectively managing a complex large program?

• How well does the Proposer demonstrate experience implementing programs with multiple end-users and stakeholders?

• How well does the Proposer demonstrate technical and financial understanding of solar project development?

• How well does the proposer demonstrate relevant experience in implementing, compliance and enforcement of complex rules in a regulatory environment, highlighting their capacity to effectively manage and adhere to intricate regulatory frameworks.

4.10.2.3 Secure Data, Financial, and Transactional Management

• How well does the Proposer demonstrate its experience securely managing and sharing confidential data with program partners, including utility customer data?

• How well does the Proposer’s experience with financial and transactional management, including experience with detailed financial settlements and substantial monthly transaction volume between end users and large entities, meet the needs of the State of Oregon?

• How well does the Proposer’s experience and capabilities with implementing and maintaining Mendix software information systems reflect the need of the State of Oregon?

• How well does the Proposer’s plan and approach for data management and exchange with utilities and projects meet the needs of the State of Oregon?

• How well does the Proposer’s experience in managing data disclosure requests and verifications meet the needs of the State of Oregon?

• How well does the Proposer demonstrate technical understanding of sending receiving and processing information with other information systems separately managed by third parties

4.10.2.4 Low Income Sector Expertise

• How well does the Proposer’s response provide a clear, specific, and achievable plan for conducting low-income facilitator Services?

• How well does the Proposer demonstrate its knowledge of urban and rural low-income communities in Oregon, and experience working with community-based organizations serving low-income communities in Oregon?

• How well does the Proposer’s plan for connecting and supporting interactions between private sector entities and the low-income community meet the needs of the State of Oregon?

• How well does the Proposer demonstrate ability implementing programs involving recruiting, verifying, and enrolling low-income residents from urban and rural communities in programs that Proposer or Proposer partners administer, preferably energy efficiency or renewable energy programs.

• How well does the Proposer demonstrate ability enforcing consumer protections for residential energy efficiency or renewable energy programs.

4.10.2.5 Program Analysis and Stakeholder Engagement

• How well does the Proposer demonstrate understanding of legislation, administrative and Program rules, regulations, and policy issues relevant to Oregon’s Community Solar Program?

• How well does the Proposer demonstrate experience analyzing, implementing and enforcing relevant Program rules, regulations and policy?

4.10.2.6 Conflict of Interest Management

• How well does the Proposer demonstrate experience maintaining relevant stakeholder relationships, and engaging stakeholders in the review and revision of Program processes and problem solving.

• How well does the Proposer’s plan for identifying and managing conflicts of interest meet the needs of the State of Oregon?

• How well does the Proposer demonstrate its ability to prevent or manage all conflicts of interest?

4.10.2.7 References

• How well do the references demonstrate the Proposer’s performance of services substantially similar to the Services required under this RFP?

• How well do the Proposer’s references verify the quality of previous services?

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 total proposal price as compared to the lowest Proposer’s total proposal 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

The State prefers Oregon services, and for evaluation purposes, per ORS 279A.128, DAS SPS shall subtract 5% 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

Scores are the values (0 through 10) assigned by each evaluator.

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

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’ sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS SPS will rank

TOTAL POINTS POSSIBLE: 270

POINTS POSSIBLE

3.3.5.1/4.10.2.1 Management Plan 30

3.3.5.2/4.10.2.2 Large Program Experience 50

3.3.5.3/4.10.2.3 Secure Data, Financial and Transactional Experience

3.3.5.4/4.10.2.4 Low-Income Sector Expertise 40

3.3.5.5/4.10.2.5 Program Analysis and Stakeholder Engagement 20

3.3.5.6/4.10.2.6 Conflict of Interest Management 10

3.3.4/4.10.2.7 References 30

4.10.3 PRICE POINTS POSSIBLE 50

https://www.naspo.org/reciprocity1 advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

Or, in the alternative, 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, DAS SPS 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’ 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.

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 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 DAS SPS 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.

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

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

• DAS SPS’ 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 information may not be considered by DAS SPS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

A Proposer who is 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, Sample Contract.

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 agree to abide by the State’s nondiscrimination policy, and state and federal non-discrimination and civil rights laws, unless a particular practice is expressly permitted by federal or state law. If applicable and subject to law, Proposer has, or will have prior to contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112, of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

DAS SPS is not required to make any changes and many provisions of the Sample Contract 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 and the following terms and conditions:

• Price

• Term

• Indemnification

• Limits of Liability

• Insurance

In the event that the parties have not reached mutually agreeable terms within 30 Calendar Days of the beginning of negotiations, DAS SPS, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS SPS encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

DAS SPS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz oregon4biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, 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 6.3 be construed as a waiver by the 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 consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after DAS SPS issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of DAS SPS.