OAR 137-049-0640
Competitive Proposals; Procedure
(1)
Proposal Evaluation. Factors in addition to price may be considered in the selection process, but only as set forth in the RFP. Proposal evaluation shall be as objective as possible. Evaluation factors need not be precise predictors of future costs and performance, but to the extent possible such evaluation factors shall:(a)
Be reasonable estimates based on information available to the Contracting Agency;(b)
Treat all Proposals equitably; and(c)
Recognize that public policy requires that Public Improvements be constructed at the least overall cost to the Contracting Agency. See ORS 279C.305 (Least-cost policy for public improvements). For ESPC Proposal evaluations, the Contracting Agency may provide in the RFP that qualifications-based evaluation factors will outweigh the Contracting Agency’s consideration of price-related factors, due to the fact that prices for the major components of the Work to be performed during the ESPC process contemplated by the RFP will likely not be determinable at the time of Proposal evaluation. For CM/GC Services Proposal evaluations, the Contracting Agency must comply with ORS 279C.337 (Procurement of construction manager/general contractor services).(2)
Evaluation Factors.(a)
In basic negotiated construction contracting, where the only reason for an RFP is to consider factors other than price, those factors may consist of firm and personnel experience on similar projects, adequacy of equipment and physical plant, sources of supply, availability of key personnel, financial capacity, past performance, safety records, project understanding, proposed methods of construction, proposed milestone dates, references, service, and related matters that could affect the cost or quality of the Work.(b)
In CM/GC contracting, in addition to (a) above, those factors may also include the ability to respond to the technical complexity or unique character of the project, analyze and propose solutions or approaches to complex project problems, analyze and propose value engineering options, analyze and propose energy efficiency measures or alternative energy options, coordinate multiple disciplines on the project, effectively utilize the time available to commence and complete the improvement, and related matters that could affect the cost or quality of the Work.(c)
In Design-Build contracting, in addition to (a) and (b) above, those factors may also include design professional qualifications, specialized experience, preliminary design submittals, technical merit, design-builder team experience and related matters that could affect the cost or quality of the Work.(d)
In ESPC contracting, in addition to the factors set forth in subsections (a), (b) and (c) above, those factors may also include sample Technical Energy Audits from similar projects, sample M & V reports, financial statements and related information of the ESCO for a time period established in the RFP, financial statements and related information of joint venturers comprising the ESCO, the ESCO’s capabilities and experience in performing energy baseline studies for facilities (independently or in cooperation with an independent third-party energy baseline consultant), past performance of the ESCO in meeting energy guarantee Contract levels, the specific Person that will provide the Energy Savings Guarantee to be offered by the ESCO, the ESCO’s management plan for the project, information on the specific methods, techniques and equipment that the ESCO will use in the performance of the Work under the ESPC, the ESCO’s team members and consultants to be assigned to the project, the ESCO’s experience in the Energy Savings Performance Contracting field, the ESCO’s experience acting as the prime contractor on previous ESPC projects (as opposed to a sub-contractor or consultant to a prime ESCO), the ESCO’s vendor and product neutrality related to the development of ECMs, the ESCO’s project history related to removal from an ESPC project or the inability or unwillingness of the ESCO to complete an ESPC project, the ESCO’s M & V capabilities and experience (independently or in cooperation with an independent third-party M & V consultant), the ESCO’s ability to explain the unique risks associated with ESPC projects and the assignment of risk in the particular project between the Contracting Agency and the ESCO, the ESCO’s equipment performance guarantee policies and procedures, the ESCO’s energy savings and cost savings guarantee policies and procedures, the ESCO’s project cost guarantee policies and procedures, the ESCO’s pricing methodologies, the price that the ESCO will charge for the Technical Energy Audit phase of the Work and the ESCO’s fee structure for all phases of the ESPC.(3)
Contract Negotiations. Contract terms may be negotiated to the extent allowed by the RFP and OAR 137-049-0600 (Purpose) to 137-049-0690 (Construction Manager/General Contractor Services (“CM/GC Services”)), provided that the general Work scope remains the same and that the field of competition does not change as a result of material changes to the requirements stated in the Solicitation Document. See 137-049-0650 (Requests for Proposals (“RFP”)). Terms that may be negotiated consist of details of Contract performance, methods of construction, timing, assignment of risk in specified areas, fee, and other matters that could affect the cost or quality of the Work. For the CM/GC Method, terms that may be negotiated also include the specific scope of pre-construction services, the GC Work, any Early Work and other construction Work to be performed by the CM/GC, and any other terms that the Contracting Agency has identified as being subject to negotiation, consistent with the requirements of OAR 137-049-0690 (Construction Manager/General Contractor Services (“CM/GC Services”)). In ESPC contracting, terms that may be negotiated also include the scope of preliminary design of ECMs to be evaluated by the parties during the Technical Energy Audit phase of the Work, the scope of Personal Services and Work to be performed by the ESCO during the Project Development Plan phase of the Work, the detailed provisions of the Energy Savings Guarantee to be provided by the ESCO and scope of Work, methodologies and compensation terms and conditions during the design and construction phase and M & V phase of the Work, consistent with the requirements of OAR 137-049-0680 (Energy Savings Performance Contracts (ESPC)).
Source:
Rule 137-049-0640 — Competitive Proposals; Procedure, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-049-0640.