Selection of Project Vendors and Participants
(1)Agencies shall undertake competitive procurements for projects. The agency’s applicable rules and regulations for competitive procurement and confidentiality shall apply along with additional authorities vested in he agency by ORS 469.752 (Definitions for ORS 469.752 to 469.756)–469.756 (Rules). Nothing in these rules requires an agency to use a competitive procurement for exempt projects per OAR 330-118-0020 (Project Eligibility)(2). A copy of the procurement solicitation shall be sent to the electric and gas utilities which serve the project’s domicile and to a list of all interested persons developed by the state agency for this purpose.
(2)Agency procurement solicitations must include:
(a)A description of the preferred state facility(ies) to domicile the project(s);
(b)As applicable, the preferred size or size range of the project(s) stated in annual energy (in kWh or Bts) or capacity (in kW, horsepower or pressure), and its preferred seasonal disposition;
(c)Whether the project(s) must provide steam or useful heat and its preferred seasonal disposition;
(d)A description of any specific problems, needs or issues the project should address;
(e)A preferred schedule for completion and operation of the project(s);
(f)Any limitations or preferences for fuel source(s);
(g)Notification of the agency’s rights cited in OAR 330-118-0030 (Right of First Refusal)(4) and 330-118-0055 (Disposition of Steam and Electricity); and
(h)A complete description of the criteria used for evaluation of proposals.
(3)The criteria used for evaluation shall include but need not be limited to:
(b)Estimated costs and financing impacts;
(d)Risks retained by the agency;
(g)Estimated net savings over the life of the project; and
(4)Proposals in response to agency procurement solicitations must include the following:
(a)A statement of how the applicant proposes to jointly or solely develop, finance, operate or otherwise act together to develop or operate the project;
(b)A technical plan, as appropriate, with a timeline;
(c)A statement of capabilities, experience and operational track record for projects of a similar nature;
(d)A budget with a description of all applicable fees and costs, and proposed payment schedule;
(e)A description of what project-related risks the applicant and other suppliers propose to assume;
(f)The results of a completed technical audit, as appropriate;
(g)A list of benefits the applicant proposes to bring to the project and agency;
(h)A written commitment to participate in the proposed manner according to the proposed terms; and
(i)A description of any limitations that may impair the applicant’s ability to fulfill its proposed commitments.
(5)The deadline for accepting proposals after issuance of the procurement solicitation shall not be any sooner than:
(a)Two months for energy efficiency and renewable resource projects which do not generate electricity; or
(b)Three months for cogeneration and electricity generating renewable resource projects.
(6)Proposals received in response to the procurement solicitation shall, in consultation with the Department, be evaluated according to published criteria.
(7)Upon evaluation, the agency may select project vendors or participants for contract negotiations. The agency reserves the right to reject all proposals. If an agency determines that negotiations are at an impasse, it may terminate negotiations and select another proposal. If an agency judges a proposal from an electric or gas utility which serves the project’s domicile to be of equal merit to the highest ranking proposal, the utility’s proposal shall be deemed a match and be selected for contract negotiations, all else equal. Upon written notice from the agency the electric and gas utilities which serve the state facility where the project is domiciled shall have the right to match the best offer available to the agency for a period of 30 days. The agency may use competitive negotiations to select the best offer. The utility will have the right to match the best offer whether or not competitive negotiations are use. Should two utilities which serve the project’s domicile be judged to have the highest ranking proposals, the agency may select either one.
(8)The agency will notify all persons who submitted proposals the reasons for rejection.
Rule 330-118-0040 — Selection of Project Vendors and Participants,