Multifamily RFP_Draft 1 - Energy Trust of Oregon
Energy Trust of Oregon Existing Multifamily Request for Proposals March 23, 2015 RFP Submission Deadline Kate Scott, Program Manager 421 SW Oak St., Suite 300 Portland, OR 97204 503.459.4079 kate.scott@energytrust.org May 1, 2015 5:00 p.m. (PST) Table of Contents I. Introduction .............................................................................................................. 3 II. Existing Multifamily Program………………………………………………………………3 III. Proposal Guidelines ................................................................................................. 9 Part 1: Introduction ..................................................................................................... 10 A. Cover Page ....................................................................................................... 10 B. Table of Contents .............................................................................................. 10 C. Executive Summary .......................................................................................... 10 Part 2: Program Design.............................................................................................. 10 A. Savings Strategy ............................................................................................... 10 B. Program Innovations ......................................................................................... 11 Part 3: Energy Savings Expectations ......................................................................... 11 Part 4: Marketing........................................................................................................ 12 Part 5: Program Delivery ............................................................................................ 13 A. Management and Delivery Model ...................................................................... 13 B. Implementation Plan ......................................................................................... 13 C. Program Schedule ............................................................................................ 14 D. Operations and Controls ................................................................................... 14 E. Engineering Reviews and Technical Support .................................................... 15 F. Customer Experience ........................................................................................ 16 G. Trade Ally Engagement .................................................................................... 16 Part 6: PMC Transition Plan ....................................................................................... 17 Part 7: Pricing Proposal ............................................................................................. 18 Part 8: Information Technology .................................................................................. 19 Part 9: Qualifications .................................................................................................. 20 A. Project Team Qualifications and Experience ..................................................... 20 B. References ....................................................................................................... 20 C. Required Licenses and Certifications ................................................................ 20 Part 10: Administrative ............................................................................................... 21 A. Conflict of Interest Disclosure ............................................................................ 21 B. Insurance .......................................................................................................... 21 C. Financial Package............................................................................................. 21 IV. Proposal Submittal Process ................................................................................... 22 V. Proposal Evaluation Process and Criteria .............................................................. 24 VI. RFP Governing Provisions ..................................................................................... 26 VII. List of Appendices …………………………………………………………………..……28 2 I. Introduction Energy Trust of Oregon, Inc. (Energy Trust) is seeking proposals through this Request for Proposals (RFP) for a Program Management Contactor (PMC) to design, manage and implement the Existing Multifamily program. This RFP is a re-compete; the contract with the current PMC expires at the end of December 2015. The current PMC is not prohibited from submitting a proposal in response to this RFP. To provide seamless customer service to the businesses that receive Energy Trust assistance, Energy Trust would expect to have an initial four-month transition agreement in place with the incoming contractor by September 1, 2015, and all required contracting complete for full delivery of the Existing Multifamily PMC services beginning January 1, 2016. The anticipated duration of the PMC contract would be two to five years. Key dates Intent to respond and interest in teaming due April 1, 5:00 p.m. Questions/requests for clarification due April 3, 5:00 p.m. Proposal submission deadline May 1, 5:00 p.m. See Schedule for additional information. About Energy Trust Energy Trust is an independent nonprofit organization, selected and overseen by the Oregon Public Utility Commission (OPUC), to lead Oregon utility customers in benefiting from saving energy and generating renewable power. Our services, cash incentives and energy solutions have helped participating customers of Portland General Electric, Pacific Power, NW Natural and Cascade Natural Gas save nearly $1.7 billion on their energy bills. The cumulative impact of our leadership since 2002 has been a contributing factor in our region’s low energy costs and in building a sustainable energy future. Some of Energy Trust’s requirements in this RFP and in any subsequent negotiating and/or contracting phases are driven by governing law, the provisions of our grant agreement with the OPUC (the OPUC Grant Agreement), and our funding agreements with each utility. A copy of the OPUC Grant Agreement, as well as more information about Energy Trust’s background, funding sources, strategic and action plans, policies and programs are available on our website at www.energytrust.org/about. II. Existing Multifamily Program Energy Trust began to serve the multifamily market in 2003. This program was created to assist owners and tenants of existing multifamily buildings1 to make energy-efficiency improvements and until 2010 was delivered through the residential sector. At the start of New multifamily construction, as well as major renovations, are part of Energy Trust’s New Buildings program and are not within the scope of the Existing Multifamily program. Major renovations entail building-level or spacelevel architectural or structural engineering changes. 1 3 2010 Energy Trust transferred the program from the residential sector to the commercial sector to focus on property owners and managers as business customers. The overall savings potential of multifamily properties is estimated to be quite significant. Over a 20-year horizon, the cost-effective electric potential for multifamily is estimated at 423.4 million kWh and 1.54 million annual therms2. The vast majority of multifamily buildings in the Northwest are heated by electric zonal heating, and the market is ripe for the replacement of equipment installed when the majority of the building stock was constructed in the 1970s and 1980s3. Domestic hot water is primarily comprised of in-unit electric water heaters with potential for more efficient systems. Significant savings remain in common area lighting where a lack of lighting controls is prevalent. Multifamily is also lagging behind the residential market in weatherization and windows, and opportunity remains in appliances, among other areas. In 2014 Energy Trust assistance to multifamily property owners, including delivering approximately $4.6 million in cash incentives, will save an estimated 21 million kilowatt hours of electricity and more than 300,000 therms of natural gas. To date, the program has saved over 105 million kWh and 870,000 therms, serving more than 7,000 multifamily properties throughout Oregon. Overview of the Current Program The Existing Multifamily program serves all existing multifamily structures in Oregon with two or more units and receiving electric service or natural gas from PGE, Pacific Power, NW Natural or Cascade Natural Gas. Multifamily owners and property managers have a menu of offerings available to them, including financial incentives and services, for both in-unit and common-area improvements. Services include direct-installs of LED light bulbs, showerheads and faucet aerators in the tenant spaces, and no-cost walk through surveys and site evaluations. Cash incentives are provided for custom efficiency projects, commonarea lighting, appliances, insulation, windows, foodservice equipment and HVAC equipment and systems4. Market Segments The program is designed to reach six types of multifamily housing market ownership/use segments and acquire cost-effective electric and natural gas savings through a variety of program offerings: Affordable—Low-income and subsidized housing including community development corporations and housing authorities Assisted Living—Retirement, assisted living and memory care developments Attached Residential Owner—Individual condominium and townhouse owners Campus Living—Dormitories, transitional housing and Greek systems 2 Navigant Consulting, Inc. 2014 Energy Trust of Oregon Energy Efficiency Resource Assessment Report can be found at: http://assets.energytrust.org/api/assets/reports/Energy_Efficiency__Resource_Assessment_Report.pdf. 3 The 2013 Multifamily Building Stock Assessment can be found at: http://neea.org/docs/defaultsource/reports/residential-building-stock-assessment--multi-family-characteristics-and-energy-use.pdf?sfvrsn=4. 4 A list of measures, incentive amounts and eligibility requirements can be found at: http://energytrust.org/library/forms/BEM_PI0320M.pdf. Some measures are eligible only for certain property and fuel types. 4 Home Owners Associations (HOA)—Whole-building or development improvements to condominiums Market Rate—Unsubsidized multifamily properties The Affordable, Assisted Living and Market Rate segments are expected to produce more than 91 percent of program electric savings and 87 percent of gas savings in 2015. Campus Living and HOAs represent another 7 percent of electric and 11 percent of gas program savings. In 2015 the program expects to serve more than 25,000 units of multifamily housing representing over 2,000 different properties through strategic business development efforts that focus on bringing the appropriate incentive tracks to the market segments identified above. Savings Tracks There are currently five primary tracks serving all six building use segments in the program: 5 Buy-Down Promotions incentives are available to distributors through a mid-stream buy-down approach to encourage sales of efficient refrigerators, clothes washers, water heaters, packaged terminal heat pumps and LEDs to eligible customers. Common-Area Lighting incentives are designed to address lighting and controls in non-tenant spaces. The program provides expertise to help participants identify these opportunities through on-site scoping studies. Common-area lighting projects may require a program pre-installation review prior to application approval, including all those not installed by an Energy Trust trade ally. Projects must be submitted to the program via an excel-based Energy Trust lighting tool5. Custom financial incentives are offered for measures that are shown to be costeffective in a specific application, but do not fit within the scope of current standard financial incentives. Offerings include both program-funded energy analysis studies and incentives for custom-analyzed measures. The current PMC contracts with a pool of energy analysis firms, known as allied technical assistance contractors (ATACs)6, to produce participant-specific studies of potential custom measures that may meet program cost-effectiveness requirements. The ATACs prepare technical reports detailing the potential energy-efficiency measures and modeled savings, which are reviewed by the program to determine if measures qualify for custom incentives. Incentives are determined based on study modeled savings at a rate of 25 cents per kWh and $2.00 per therm up to 60 percent of project costs. Direct Install instant-savings measures are available at no cost to participants, and include the installation of high-efficiency LED light bulbs, showerheads, showerwands and aerators in tenant controlled spaces. The program is responsible for scheduling and installation of direct install measures, as well as fulfillment and management of product. A list of lighting incentives can be found at: http://energytrust.org/library/forms/BE_PI0190L.pdf. 6 The PMC currently contracts with a pool of 15 ATACs to perform energy analysis work for the Existing Multifamily program. Some ATACs also deliver technical services for other Energy Trust programs, such as Existing Buildings and Production Efficiency, under separate agreements. 5 Prescriptive incentives are available for measures that are assigned deemed savings values by the Energy Trust Planning group, and include water heaters, HVAC equipment, weatherization, appliances and foodservice equipment7. The program also currently offers the following non-savings services: Business Development team. Business development team members provide an account manager approach to cultivating and maintaining long-term relationships with customers. These account managers conduct outreach, deliver walk through surveys, and provide coordination to foster participation across program tracks. Walk Through Surveys. Tablet-based walk through surveys are available to participants free of charge and delivered by the program. Surveys generate a report with detailed information on prescriptive measures and opportunities for energy savings through other program offerings. Online Benchmarking Tool. Energy Trust offers a free online benchmarking tool to program participants, which provides information and reporting on electricity, gas and water usage over time. Building owners/managers can utilize this tool to monitor energy-savings results and identify additional energy-savings opportunities. Program Objectives8 The following are some of the core objectives and strategies that the Multifamily program strives to achieve: Increase program presence in all four utility service territories Increase savings per project Decrease Direct Install tenant opt-out rates and increase amount of deemed savings per participating dwelling unit Increase capital upgrade projects to account for more than 35 percent of all savings in all service territories Identify new measures and approaches to saving energy to broaden the program portfolio, and continuously improve program design and services Provide offerings and services to appeal to a broad mix of multifamily owners and managers, and broaden participation by underserved customers, Collaborate with other Energy Trust programs to maximize program effectiveness, minimize confusion in the marketplace and serve customers Implement and evaluate innovative pilots that lead to new measures and opportunities to achieve energy savings Continue measure development and modifications in conjunction with Energy Trust’s Planning group Improve and streamline program processes Continue to respond to key market indicators and changes in technology and federal standards 7A list of foodservice equipment incentives can be found at: http://energytrust.org/commercial/incentives/multifamily/equipment-upgrades-remodels/foodserviceequipment/foodservice-equipment/. For detail on Energy Trust’s long-term organizational goals and objectives, the 2015-2019 Strategic Plan can be found at: http://assets.energytrust.org/api/assets/plans/2015-2019_Strategic_Plan0.pdf. 8 6 Further engage existing trade allies and contractors specializing in multifamily properties in order to incorporate feedback into program design Program Costs and Savings Table 1 illustrates trends in incentive expenditures and savings results from 2013-2015. (2016 anticipated savings goals and incentive budgets can be found in Part 3 of the Proposal Guidelines.) Table 1: Program Incentives and Savings 2013-2015 by utility 2013 Incentives PGE Pacific Power Total Electric NW Natural 2014* Savings (kWh or therms) Incentives Savings (kWh or therms) 2015** Savings Incentives (kWh or therms) $1,643,239 11,876,959 $2,690,227 14,313,748 $3,201,452 15,710,339 $565,293 3,713,688 $1,384,633 7,275,844 $1,723,859 8,459,413 $2,208,532 15,590,647 $4,074,860 21,588,939 $4,925,311 24,169,752 $282,049 Cascade $21,452 Natural Gas Total Natural $303,502 Gas Total Incentive $2,512,034 Expenditures 88,459 $583,545 325,210 $608,807 277,615 8,578 $29,472 23,146 $27,099 23,526 97,037 $613,018 348,347 $635,906 301,141 $4,687,878 $5,561,217 * 2014 numbers are preliminary and have not been finalized ** 2015 numbers are based on budgeted incentives and savings goals The historical performance, proportion of savings and incentives for the different measure tracks are the primary variables that drive the total budget number. Tables 2 and 3 describe the anticipated breakdown of program savings, incentive expenditures and weighted average measure life (WAML) by measure track in 2015 for and electricity and natural gas. 7 Table 2: 2015 Electric Budgeted Incentives and Savings by Measure Track* Track Savings % Incentive % kWh Savings Incentives WAML Buy Down Promotions 1% 2% 200,000 $110,000.00 12.3 Common Area Lighting 17% 9% 4,000,000 $460,000.00 12.3 Custom 8% 13% 2,000,000 $620,000.00 14 Direct Install 60% 45% 14,526,173 $2,214,951.26 14 MPower Pilot 6% 8% 1,443,580 $408,958.99 12.3 Prescriptive 8% 23% 2,000,000 $1,111,400.00 12.3 Total 100% 100% 24,169,753 $4,925,310.25 * Electric utility allocations are estimated at 35% Pacific Power and 65% PGE Table 3: 2015 Natural Gas Budgeted Incentives and Savings Measure Track* Track Savings % Incentive % Therm Savings Incentives WAML Buy Down Promotions 1% 3% 2,000 $21,020.00 13.1 Custom 20% 53% 60,000 $334,800.00 13.1 Direct Install 65% 24% 195,263 $149,671.58 15 MPower Pilot 1% 1% 3,878 $9,094.09 13.1 Prescriptive 13% 19% 40,000 $121,320.00 13.1 Total 100% 100% 301,142 $635,905.68 * Natural gas savings and incentives allocations are estimated at 10% Cascade Natural Gas and 90% NW Natural The proportion of savings expected from Direct Install in 2015 is expected to drop for electric utilities from 65 percent in 2014, and for gas from 75 percent. The proportion of electric savings from Common-Area Lighting is expected to increase compared to the contribution of 13 percent in 2014. On the gas side more savings are expected from the Custom savings track compared to the contribution of 7 percent in 2014. The proportion of Prescriptive savings are also anticipated to drop from 12 percent electric and 17 percent gas in 2014. 8 III. Proposal Guidelines Introduction For this RFP, Energy Trust is looking for proposals that address both near-term goals and metrics as well as provide a clear strategic framework for delivering long-term, sustained results that leverage a variety of tactics and provide creative ideas for how Energy Trust will transform the multifamily market in Oregon. Respondent should illustrate throughout their proposals knowledge of market needs, identify solutions, and describe how and why chosen solutions and activities will support transformation, bring energy-savings opportunities and create the best possible investment of resources. Proposals should also be reflective of respondent’s understanding and consideration of Energy Trust’s policies, goals and fiveyear strategic plan. Proposal Outline Responses to this RFP must be submitted in the format described below and must document the respondent’s approach, experience, qualifications and program implementation capabilities to perform the PMC work tasks as described herein. Respondent’s submitted Pricing Proposal (see Appendix E) must clearly detail respondent’s proposed budget to perform such PMC work. Submitted proposals to this RFP which do not include all of the following sections and information may be considered ineligible. Page numbers indicated are the recommended maximum; Energy Trust strongly requests that responses not exceed the recommended page limits described. PROPOSAL FORMAT (Sections should be identified by labeled tabs) Part 1: Introduction A: Cover Page B: Table of Contents C: Executive Summary Part 2. Program Design A. Savings Strategy B. Program Innovations Part 3. Energy Savings Expectations Part 4. Marketing Part 5. Program Delivery A: Management and Delivery Model B. Implementation Plan C. Program Schedule D. Operations and Controls E. Energy Analysis Review and Technical Support F. Customer Experience G. Ally Engagement Part 6. PMC Transition Plan Part 7. Pricing Proposal Part 8. Information Technology Part 9. Qualifications A: Project Team Qualifications and Experience 9 B: References C: Required Licenses and Certifications Part 10. Administrative A: Conflict of Interest Disclosure B: Insurance C: Financial Package Part 1: Introduction A. Cover Page: The Representations and Signature page (Appendix B), signed by a duly authorized officer or agent of the respondent company submitting the proposal. B. Table of Contents Responses must include a table of contents. Tabs used to identify sections must be clearly marked. C. Executive Summary In no more than two pages, provide an executive summary that: Demonstrates respondent's understanding of the RFP objectives and requirements Summarizes why respondent would be the best candidate to deliver the services or products described in this RFP Part 2: Program Design (18 pages) A. Savings Strategy: Describe respondent’s approach/methodology to accomplish savings, and define rationale for the proposed approach. Proposals should include strategies that will achieve savings through all savings tracks and reach all market segments and areas within Energy Trust’s service territory in Oregon. Proposals should incorporate, at minimum, the following key program areas of interest to Energy Trust: Delivering a balanced portfolio of energy savings with increased portion of savings coming from capital investment measures as compared to direct install; Broad reaching tactics that engage all market segments, customer types and regions within Energy Trust territory; Ensuring that Energy Trust services and incentives are appealing to multifamily customers and address market barriers and motivations; Aligning with Energy Trust’s strategic plan and organizational goals; and Long-term strategies that address and prioritize actions the PMC will take to deliver key outcomes and achieve energy savings goals beyond 2017. 10 B. Program Innovations: Energy Trust also welcomes new ideas in any of the program areas that overcome barriers, increase participation, utilize new methodologies, or otherwise will help Energy Trust achieve higher energy savings at or below the levelized costs detailed herein. Within this section, respondents may propose new program components that would require additional budget beyond what is listed in this RFP. It is up to the respondent to detail the additional dollars requested in the budget proposal and narrative, as well as supply savings estimates (if applicable) and justification for those new components in the body of the proposal. Energy Trust will review new program components proposed separately and may or may not opt to add those components and the additional budget and savings goals into the program. Any departure from the current program offerings (including incentive levels) must clearly demonstrate superior benefits to Energy Trust, the markets served by the program, increased energy savings potential, or overcoming barriers experienced in the marketplace. Proposals which propose to acquire savings through offerings outside the current portfolio must include sufficient support to justify respondent’s projected savings levels. The following are areas for program enhancements which are of interest to Energy Trust. Energy Trust also welcomes additional ideas for program enhancements: Potential new savings measures. Proposals that promote additional measures should include an economic analysis of the cost, savings, measure life and proposed incentives New initiatives to penetrate specific market segments and address key issues Adjustments to program delivery or incentive models or amounts Innovative program management and administration Strategies to provide services to customers in harder-to-reach areas of Energy Trust’s service territory Leveraging financing mechansims and strategies that can help customers maximize their own financial resources available for efficiency projects Leveraging regional alliances. Moreover, demonstrated work experience in the region and a demonstrated understanding of regional dynamics will be viewed favorably Providing enhanced information on energy usage, such as benchmarking and feedback, to drive increased energy efficiency investment and behaviors Part 3: Energy Savings Expectations (2 pages, excluding appended items) The proposal must specifically outline how respondent’s strategy, approach and solutions will achieve 2016 and 2017 utility-specific savings targets. The 2016 savings targets identified in Table 4 were developed as part of Energy Trust’s 2015-2016 budget cycle, and 2016 savings and incentives were estimated to be roughly in line with 2015 budget. Actual 2016 budget and savings goals will be established during Energy Trust’s 2016-2017 budget cycle. Savings projections for 2017 have not yet been developed; respondent will propose 2017 energy savings targets in the response. Respondent’s proposed 2016 and 2017 11 energy savings must consider total PMC cost to deliver the proposed work and incentives at or below levelized costs indicated9. Table 4: Estimated 2016 Existing Multifamily Program Incentives and Savings Goals by Utility 2016 Incentive Total 2016 Levelized Cost Target (per kWh or therm)* 15,710,339 $0.036 2016 Savings (kWh or therm) PGE $3,201,452 Pacific Power $1,723,859 8,459,413 Total electric $4,925,311 24,169,752 $608,807 277,615 $0.367 $27,099 23,526 $0.189 $635,906 301,141 NW Natural Cascade Natural Gas Total gas Total incentive expenditures $0.036 $5,561,217 * Levelized cost is calculated based on PMC delivery and incentive budget, and does not include Energy Trust administrative costs Energy Trust is interested in additional opportunities to acquire savings beyond current levels to the extent that these don’t significantly increase the levelized costs indicated in Table 4. Energy Trust would like to provide flexibility on proposed levels of savings, which may vary in some cases from those achieved historically. In all cases, program design should be clearly linked to savings potential. Part 4: Marketing (5 pages, excluding appended items) Energy Trust is interested in creative and effective market engagement strategies to address challenges and opportunities in the multifamily market that could drive increased program participation and deeper savings per project10. Proposed strategies could include, but are not limited to: Increase awareness of Energy Trust programs and offerings in the existing multifamily market Achieve deeper participation across all market segments Develop a compelling business case for energy efficiency to multifamily decisionmakers Address information needs of diverse market segments Describe respondent’s proposed strategies and activities to implement an effective marketing and outreach plan for reaching each of the market segments, customer types and any other audiences identified as contributing to program success. This may involve 9 Levelized cost means the annualized cost per unit of energy saved, using a current discount rate of 4.5% and the life of the measure or weighted average measure life of the program. For more information on how levelized cost is calculated, see Appendix C. 10 Energy Trust’s 2013 Multifamily Market Research report can be found at: http://energytrust.org/library/reports/Multifamily_Results_130606.pdf. 12 different strategies for urban and rural areas. Additionally, this section should address how respondent would collaborate across Energy Trust programs, such as Existing Buildings, Existing Homes, Products and Solar. Respondents should describe their approach and capabilities to ensure consistency with overall Energy Trust requirements, including how they would fulfill a key PMC marketing deliverable of a detailed annual program marketing and outreach plan to reach program goals and how they would be structured to deliver high-quality materials consistent with Energy Trust brand guidelines. Respondent may provide marketing examples as an appendix in no more than 5 pages. Part 5: Program Delivery (22 pages total) Review Appendix D to further inform this section of your proposal. A. Management and Delivery Model (4 pages): The PMC is responsible for day-to-day delivery of all program services for Existing Multifamily as well as strategic development (see Appendix D). Propose a delivery method that maximizes utility customer value for the investment and ensures that savings, objectives and long-term goals are met on budget. For this section, at a minimum, proposals should pull together and address elements discussed in Parts 2 and 4 of respondent’s proposal. Include and specifically identify subcontracted work if applicable. Respondents should also aim to maintain a customer focus and address opportunities to leverage, collaborate and coordinate with other existing Energy Trust programs. The PMC is responsible for maintaining the existing program, and proposing program enhancements and changes that address new opportunities or better address barriers. The proposal should address respondent's plan for contract oversight, support and staff management including the following: Budget and savings goals development and management, including incentive budget management according to the annual budget and action plan adopted by the Energy Trust Board of Directors, forecasting, and project pipeline management; Regular and detailed reporting and forecasting to Energy Trust; Managing implementation of offers, and monitoring market adoption rates and trends; Strategic market development and implementation; Development and implementation of new initiatives and pilots in coordination with the Energy Trust Planning and Evaluation group; Staff management and deployment; Cooperation with external quality assurance reviews and internal audits of project files; Invoice preparation; and Contract and, if applicable, subcontractor management. B. Implementation Plan (4 pages): Respondent’s proposal shall describe the implementation strategy that clearly demonstrates ability to effectively implement and manage energy-savings goals, delivery and program activities of the Existing Multifamily program. Clearly describe the actions respondent will 13 take to complete each task and what the anticipated outcomes or deliverables will be. Each action must be identified and indicate who will perform it, how it will be performed, when it will be performed, and its anticipated deliverables and/or outcomes. Energy Trust does not expect a fully detailed and comprehensive implementation plan at this point, but proposals will be evaluated with consideration to how much forethought the respondent has given to each aspect of this program. This implementation strategy would likely become the basis for a work plan deliverable that would be finalized after a kick-off meeting with Energy Trust and the selected PMC. C. Program Schedule (2 pages): Respondents shall provide a two-year, quarter-by-quarter schedule in Gantt chart format showing best estimates of time necessary to implement the program activities outlined in the submitted proposal. Respondents shall include a schedule item for each significant program development and implementation activity.The schedule must cover the time period from the point the contract is awarded through the end of the initial two-year contract, as well as identification of tasks critical to the overall work to achieve long-term objectives. Note that Energy Trust anticipates that new program initiatives will be planned and developed in the second quarter and launched in the third quarter or later of 2015. D. Operations and Controls (4 pages): Energy Trust maintains high quality standards and requires significant amounts of operations and frequent interaction, collaboration and reporting from its PMCs. Tasks include administration and quality control activities and should be budgeted appropriately. The current program structure and PMC activities include but are not limited to developing and maintaining calculator tools, forms and workbooks (Microsoft Excel, Word and Adobe PDF – requiring custom calculation script formulas and programming), processing and delivering incentives and conducting site visits and verification reviews. The proposal must address respondent's plan and capabilities to perform tasks to: Verify that incentive application forms meet program requirements and that all required project paperwork is present, complete, legible and accurate; Complete accurate data entry of participant, incentive form information and payment details; Process payments according to Energy Trust requirements, and track and verify data; Send checks via mail, FedEx or hand delivery to the assigned name and mailing address listed on the project completion paperwork and verified to match the corresponding W-9 that has been collected by the PMC; Route forms, phone calls and emails to other Energy Trust programs that were sent to Multifamily in error; Collect required tax identification information for customers and contractors who could have a taxable event with the receipt of an incentive payment; Maintain and deliver sensitive data and other confidential information in a secure environment as applicable by state and federal laws and regulations; Ensure all programs forms, incentive sheets and other public documents in use are current; 14 Participate in new measure development and maintenance in collaboration with Energy Trust Planning group; Ensure all active projects in Energy Trust’s program tracking systems are up-to-date; Maintain electronic records for all projects in an Energy Trust-approved format, marked with the project ID and including all associated paperwork, invoices, final technical studies and analyses, any simulation modeling files (inputs, models, outputs) and all savings and incentive calculations. Records should be systematically organized with a clear accounting of the contents, the final disposition of the project and filed in a central location; Deliver completed project file records to Energy Trust upon request for all projects completed, within six months of the current quarter; Establish PMC review procedures for each project before an incentive payment is authorized and requested through Energy Trust tracking systems; Conduct pre- and post- project verification and quality control reviews, including performing quality control of field work, technical studies and site installation inspections; and Comply with all Energy Trust quality assurance reviews, audits and evaluations whether the work is performed by Energy Trust or by Energy Trust contractors. The PMC is required to develop, implement and maintain a quality control plan. Respondent shall include a proposed quality control and compliance plan for the program. As part of quality control and compliance, respondents should be aware that they are required to comply with Energy Trust’s program quality assurance requirements. The proposed plan does not need to be detailed, but must address at minimum the following: Data, payment and project file quality control, clearly addressing how customer and project electronic (and hardcopy, as needed) records will be created, maintained and accurately entered into Energy Trust’s current customer information system and project tracking system. Describe project file document requirements checklist and approval process, as well as change control procedures for forms, cost-effectiveness models, and any other applicable elements of the project documentation process. Quality control of field work and technical studies as well as contractor and site installation inspections. The selected PMC will be required to maintain a program implementation manual documenting all procedures, protocols, forms, processes and policies regarding the PMC’s delivery, program management, quality control, customer service and compliance. The PMC will be required to deliver regular updates to the implementation manual electronically as changes are made or new processes are launched and not less than quarterly. The program tracking systems currently include a customer management system, currently CRM, and FTR, a project tracking system, to document aspects of its work. Energy Trust is in the process of updating its program tracking systems. The PMC will be expected to work with Energy Trust to roll out new system developments (see Appendix D). E. Energy Analysis Reviews and Technical Support (2 pages): The PMC is responsible for conducting all technical reviews of projects, providing energy analysis expertise, analysis of project cost-effectiveness, engagement with participants and project teams, and general management of Energy Trust’s Existing Multifamily projects. This section of the proposal must outline how respondent’s team would: 15 Manage technical and energy engineering personnel to perform reviews of project plans, designs, technical reviews, energy simulation models, savings and costeffectiveness for custom, calculated and prescriptive measures and special measures as requested; Develop all new measures and technical protocols with support from Energy Trust’s Planning group; Train and conduct quality control reviews of energy analysis including PMC subcontractors performing work as well as any other contractor-based service approaches respondent is proposing; Provide project reviews and services in a streamlined and timely manner; and Approach project scoping, reviews and technical reviews with customers and project teams, including customer and ally engagement. Specifically address whether respondent would anticipate utilizing ATACs to deliver program-funded studies of custom measures. F. Customer Experience (4 pages): Energy Trust places a high value on the experience of customers seeking information and access to programs. Use this section of the proposal to detail respondent’s customer engagement plan. (See Appendix D for more details). Proposals should provide a cohesive and streamlined approach to helping all customer types navigate through Energy Trust offerings. This should take into account everything from initial contact, project identification, project completion and reaching new participants or previously dissatisfied customers. The plan must address at minimum how respondent will: Participate in relevant market events and representation of program offerings that promote geographical and participant diversity; Support email and phone-based customer and ally inquiries with staff who triage incoming customer calls and support outbound calls related to Multifamily program inquiries as well as transfers to other programs; Respond to customer complaints and feedback from market players; Provide direct program outreach and support to key customers and customer groups; Develop and implement tools and protocols to help customers understand their energy-efficiency potential and how to work with Energy Trust from the beginning of a project through completion; Provide educational resources to help property managers, owners and tenants understand the benefits of energy-efficiency measures; Collaborate and coordinate with other Energy Trust programs and offerings to best meet the needs of customers, including regular meetings and trainings to ensure consistency; and Ensure subcontractors meet Energy Trust customer experience standards. G. Ally Engagement (2 pages): The program works with a variety of contractors and market actors. The PMC is responsible for recruitment, improvement, analysis and general management of Energy Trust’s trade allies, and other groups working with the Existing Multifamily program. Currently the Existing Multifamily program has more than 100 enrolled trade allies. Proposal should include a high level plan for addressing the following components of trade ally and market actor engagements, keeping in mind that some of these allies are also enrolled with other Energy Trust programs: 16 Cultivating strategic and long-term relationships with contractors, distributors and other relevant trades and various trade associations; Processing of participation agreements and program compliance within Existing Multifamily program; Delivering regular communications, training and education, and program updates to trade and program allies, including timely and accurate information to allies regarding promotions, program changes, incentive information, and program and technical specification requirements; Providing relevant, timely responses to inquiries and requests from trade and program allies; Working closely with Energy Trust to manage contractor components of escalated customer complaints; Assisting Energy Trust in providing follow up to key Existing Multifamily allies who have not responded to previous communications about expiring insurance, risking termination; Providing training and education resources that address varied market needs and ensure all allies are up to date on program requirements; and Developing an engagement strategy for working with vendors who are not approved trade allies. Part 6: PMC Transition Plan (4 pages) To allow for a smooth implementation transition, Energy Trust would expect a new program implementer to continue the program as-is, with minimal market disruption, for the first quarter of 2016. The proposal must clearly outline a transition plan that would seamlessly facilitate continuation of existing program efforts and momentum with a goal to introduce new strategies in the second quarter of 2016. Energy Trust anticipates up to a four month overlap with any incoming contractor(s) and the existing PMC. During the overlap period, the selected PMC(s) shall be responsible for learning and taking over elements of the day-to-day operation of the program. Transition work typically includes, but is not limited to: Participating in orientation sessions; Working with Energy Trust and the current PMC to understand the role of the trade and program allies and ATAC relationships, and participate in transfer of strategic program relationships; Setting up and testing IT systems and any integrations between the implementor’s IT systems and Energy Trust systems; Participating in trainings on Energy Trust's program tracking systems, CRM and FTR; Setting up phone and email communication channels for customer and ally support, engaging in customer and contractor experience training, revising scripts to meet the needs of the program and establishing a regular call monitoring process; Establishing monthly invoicing and reporting templates, and forecasting procedures; Updating program collateral, website copy, forms and applications; Working with Energy Trust to develop the 2016 scope and budget, including development of a new implementation manual (including quality control plan and 17 2016 marketing and outreach plan) and formalizing any changes in program process going forward; Beginning development of a marketing plan for the upcoming year; Beginning general program outreach and learning day-to-day operations, by participating in project and lead hand-off activities and meetings with Energy Trust. For example, (i) working with the current PMC on projects to understand and manage all aspects of participant project recruitment and development; (ii) implementing a system for managing active participant projects; (iii) assigning individual outreach staff to work directly with PMC outreach staff to acquire knowledge about projects in pipeline including project contacts, history and status, and making introductions and developing participant relationships; Delivering initial revisions to the program implementation manual no later than December 1; and Beginning to assess and review active projects that require continued support and iteration with participant ensuring personnel are fully informed and prepared to review and close out Quarter 1 2016 projects. Energy Trust will require the selected PMC to utilize existing program measures, forms, collateral and procedures during the transition period. Once the selected PMC has demonstrated the ability to manage the current program, additional measures and program changes may be incorporated. During the transition period only the existing PMC will be accountable to deliver energy savings to Energy Trust. Part 7: Pricing Proposal (2 pages, excluding appended items) See Appendix E. Respondent must submit a program budget and narrative detailing each major task for the first and second year (12 months from January 1, 2016, through December 31, 2016, and 12 months from January 1, 2017, through December 31, 2017). The Pricing Proposal must be submitted in the “2016” and “2017” worksheets in the required Appendix E spreadsheet format and inclusive of all PMC costs required to operate the proposed Scope of program activity in 2016 and 2017 to achieve the target energy savings. Expenses must be transparent and the total weighted average rate for the program must be easily identifiable. In addition, the Pricing Proposal program narrative section must explain the assumptions for the proposed Pricing Proposal. The Pricing Proposal must also include a savings buildup, covering the first and second year of program implementation. Any proposal that doesn’t include complete information or use the format as directed by Energy Trust may not be considered. PMC Program Management and Delivery Expenses should include but are not limited to the following components: Labor: Provide the position category, title and fully loaded billable hourly rate for each employee expected to work on the proposed program scope. Identify how many hours of each person’s time would be dedicated to this scope and the total aggregated time devoted to the scope. Respondent’s submitted Pricing Proposal must also indicate whether labor rates would be fixed for any duration of the contract period or may increase, and if so, respondent must detail the expected annual percentage cap on any rate increases over a potential five-year contract period. 18 Other Direct Costs: Estimate the anticipated expenditures in each of the listed categories. Respondent may add additional categories if needed. Subcontractors/Consultants: Provide the position category, title and fully loaded billable hourly rate for each subcontractor/consultant personnel expected to work on the proposed program scope. Identify how many hours of each person’s time would be dedicated to this scope and the total aggregated time devoted to the scope. The Pricing Proposal must also indicate whether labor rates would be fixed for any duration of the contract period or may increase, and if so, respondent must detail the expected annual percentage cap on any rate increases over a potential five-year contract period. Include other direct costs (ODCs) for each subcontractor or consultant that respondent is bidding on this proposal. Any markups that respondent is proposing to apply to any subcontractor/consultant expenses must also be included and clearly identified and delineated. Incentive funds: Incentives should be included in the proposed budget. Incentive budgets are managed by the PMC, but these funds are held by Energy Trust outside the PMC contract. Respondent should consider that historically incentives for the Existing Multifamily program have been no less than 50 percent of total program costs11. For more information on categorization of incentive dollars, see Appendix C. Transition: The Pricing Proposal must include a separately outlined budget for all activities and costs related to the PMC transition plan described in Part 6 of respondent’s proposal. Part 8: Information Technology (3 pages) All customer information, projects and incentive payment requests are currently recorded and maintained in Energy Trust's Customer Relationship Management (CRM) and program tracking systems as the systems of record. Energy Trust will require the selected PMC to either utilize Energy Trust systems directly or utilize respondent’s system(s) and integrate with Energy Trust’s systems. Respondent must propose a plan that clearly identifies which of the two system approaches are to be utilized, and clearly describes the systems and/or integration requirements. Respondent must propose a high-level IT implementation plan that clearly identifies specific implementation requirements, including steps respondent would take, milestones and milestone dates to ensure successful integration and transition before December 31, 2015, to avoid any disruption in such services. Respondents proposing not to utilize Energy Trust systems directly must also include in the proposal a description of the proposed systems, specific integration needs and describe how respondent will integrate to Energy Trust’s systems. Respondents proposing not to utilize Energy Trust systems directly must also include in the IT implementation plan specific work that will be the responsibility of the respondent and specific work that respondent will request of Energy Trust. Respondent must describe the staffing resources available to complete integration work and identify staff. The PMC is expected to comply with Energy Trust IT requirements outlined in Appendix D. 11 Total program costs include incentives, PMC delivery and Energy Trust internal management costs. 19 Part 9: Qualifications (8 pages) A. Project Team Qualifications and Experience (6 pages) Describe respondent’s experience in successfully developing and implementing comparable multifamily energy-efficiency program work and how this infrastructure is capable of meeting the goals and cohesively and efficiently accomplishing the Existing Multifamily program work. Include an outline of the organizational relationships of respondent’s team (including subcontractors), and a brief description of relevant experience, tenure and geographic locations of respondent’s designated lead program manager and other key personnel. Describe how functions will be integrated to actively manage all aspects of the program: Program management (e.g., manage budgets, contract requirements, invoicing, PMC staff) Program administration (e.g., data entry, record keeping, new and revised program forms) Customer experience (e.g., customer engagement strategy and relationship management) Program planning and design (e.g., measure development, savings analysis) Program evaluation Program IT (e.g., desktop support, infrastructure support) Program quality control and compliance (e.g., how it will be handled) Program delivery (e.g., field staff) Program marketing and marketing materials (e.g., collateral, case studies, website) Program outreach (e.g., speaking engagements, training, trade shows) Program management of trade allies and other key program relationships Piloting new initiatives, technologies and approaches If the respondent’s team includes subcontractors to develop and/or implement components of the program, discuss the assurance of such support and the experience these parties have in designing, developing and implementing similar programs. Include a letter of commitment to the proposed team by each subcontractor or consultant. (Letters of commitment should be appended and will not be counted in the page limitation for this section.) If respondent is not currently located in Oregon, include timing and staffing plan to locate an office and personnel with the capabilities to perform the work in Oregon. B. References (1 page) Respondents shall identify, in one page or less, any existing programs developed and/or operated by respondent relevant to the program it is addressing and include a minimum of three references, including name, title, address, telephone and email, for parties knowledgeable about respondent’s company generally and also more specifically on the previous program experience of the key participants in the project. C. Required Licenses and Certifications (1 page) In no more than one page, disclose whether any of the work described in the submitted proposal requires any type of State of Oregon and/or other state or federal approved license 20 or professional certification and/or any type of third-party license or professional certification. If respondent or any of its team members do not have the required licenses or professional certifications, respondent shall specify plans for obtaining any necessary license and professional certifications, or explain why such licenses or professional certifications are not needed. Potential license or professional certification requirements are not limited to, but may include licenses or certifications from Oregon Construction Contractors Board, Oregon Board of Architect Examiners, Oregon State Board of Examiners for Engineering and Land Surveying, Oregon Building Codes Division, Oregon Department of Education, Department of Consumer and Business Services, or others to be determined. Part 10: Administrative (5 pages, excluding appended items) A. Conflict of Interest Disclosure In one page or less, respondents must disclose any direct or indirect, actual or potential conflicts of interest respondent or proposed subcontractors may have with Energy Trust. A “direct or indirect conflict” is defined as any situation in which an individual or a member of their family or close business or personal acquaintance, is employed by Energy Trust or the Oregon Public Utility Commission, or may be reasonably construed to have a direct or indirect personal or financial interest in any business affairs of Energy Trust, whether because of a proposed contract or transaction to which Energy Trust may be a party or may be interested or is under consideration, or whether such conflict is purely conceptual, because of similarity of business interests or affairs. If no such conflict exists, the proposal will explicitly provide such a statement in the RFP response. The determination of whether a conflict of interest exists is left to Energy Trust at its sole discretion. B. Insurance Please include all insurance information in two pages or less. Energy Trust requires its PMCs to maintain workers compensation insurance, adequate commercial general liability insurance coverage (including contractual liability and products & completed operations coverage), automobile liability insurance, errors and omissions/professional liability insurance, pollution liability/hazardous substances insurance and any other statutory insurance coverage required. The professional liability with errors and omissions coverage would need to specifically cover the professional services performed for the program. Include a complete description of respondent’s insurance coverage for performing the program work, including: Whether such coverage is on a “comprehensive” or “commercial” form Whether such coverage is on a “claims made” or “occurrence” basis All endorsements excluding coverage of any nature, if any All limits, including aggregate limits and the current remaining coverage amounts under those limits Effective date C. Financial Package Submit a financial statement package that is no more than two pages (excluding appended items) outlining: A plan for financing the program, such as sources of working capital and payment plans for subcontractor reimbursement 21 Details of the risk management instruments and strategies that respondent employs for operating programs of this scope A signed copy of the most recently completed full-year financial statement reviewed or audited by an outside independent accounting firm, including balance sheet, income statement and cash flow statement. Provide a copy of the independent auditor or accountant’s report, including contact information and authorization to contact. Also provide a copy of any management letter or recommendations issued by the independent firm (may be appended) A copy of the most recently completed interim or unaudited financials, and noted as such (may be appended) Include the same information required by this section for any subcontractors that will play a significant role in program implementation and handling of program funds (if applicable) If the plan for financing the program includes external sources of funds, such as a bank line of credit, provide copies of in force agreements Three credit references Bank reference information and authorization for Energy Trust or its representatives to contact regarding verification of financial information List Tax Identification Number—for finalists, this information, plus an authorization for a financial credit check, will be required List of all legal or administrative proceedings pending and those concluded for the respondent within the last five years, which relate to procurement or performance of any public or private contracts Statement whether the respondent or predecessors, if any, or any principal of the firm has been insolvent or declared bankruptcy within the past five years D-U-N-S® Number from Dun & Bradstreet, if available IV. Proposal Submittal Process A. Schedule Posting of Request for Proposals March 23, 2015 Introduction to Energy Trust informational session March 30, 2:00-3:50 p.m. Intent to Respond and Interest in Teaming due April 1, 5:00 p.m. Deadline to submit written questions April 3, 5:00 p.m. Posting of responses to submitted questions April 10, 2015 Proposal Submission Deadline May 1, 5:00 p.m Invitations for interviews issued to finalists May 26, 2015 Interviews conducted June 8-11, 2015 Selection and notification to respondents July 16, 2015 Board meeting to request authorization for contracting with selected respondent July 29, 2015 22 B. Intent to Respond and Interest in Teaming Energy Trust will only accept proposals from parties who have submitted an Intent to Respond form (Appendix A). This form must be received by Energy Trust no later than 5:00 p.m. (PST) on the date shown in the Schedule above and should be delivered via email to: Kate Scott, kate.scott@energytrust.org. This email must include a subject line of "Intent to Respond – Existing Multifamily PMC RFP." If respondent is interested in teaming on this work and would like Energy Trust to post contact information on the Energy Trust website indicating that interest, respondent must expressly indicate that on the submitted Intent to Respond form. Energy Trust will post only those respondents who indicate that they are interested in teaming on the Energy Trust website. Confirmation of receipt will be sent via reply email within one business day. C. Questions and Requests for Additional Information Any questions and/or requests for clarification or additional information regarding this RFP must be submitted via email and received by Energy Trust by 5:00 p.m. (PST), on the date listed in the Schedule above to: Kate Scott, kate.scott@energytrust.org. This email must include a subject line of "Request for Clarification - Existing Multifamily PMC RFP." Questions submitted by email and received prior to the stated deadline will be answered on Energy Trust’s website by the date shown in the Schedule above. Energy Trust staff is not available for verbal conversations with individual bidders and will not respond to additional requests for information after the date listed in the Schedule. Confirmation of receipt will be sent via reply email within one business day. D. Introduction to Energy Trust Energy Trust would like to invite all potential bidders to a two-hour informational session on the organization. This session will provide an overview of the origins of Energy Trust, a brief introduction to operations and structure, a presentation on how the organization interacts with PMCs and information on the roles and functions of internal support groups. There will be time for questions and discussion following the presentation. This introduction is an opportunity to engage and learn about how PMCs work with Energy Trust internal support groups, and pose any questions concerning roles and responsibilities of either. The presentation will be conducted via webinar and participation is encouraged. The Introduction to Energy Trust informational session is scheduled for March 30 from 2:00-3:50 p.m. (PST). Contact Kate Scott at kate.scott@energytrust.org to register and receive webinar details. All attendees will be expected to identify themselves. Questions and answers will be recorded and all information will be posted publicly following the meeting. E. Proposal Submittal/Method of Delivery Proposals must be presented in a clear, complete and concise manner. Pages must be numbered and sections clearly titled. Energy Trust requests that paper copies of proposals be printed double-sided on recycled paper, and packaged without spiral bindings or other non-recyclable binders/folders. 23 Respondent is required to submit a total of one (1) original hard copy and seven (7) hard copies, as well as one electronic copy of the complete proposal. One submitted hard copy must contain an original signature on the required Representations and Signature page (Appendix B). Respondents may deliver the proposal to Energy Trust via hand delivery, U.S. Mail or courier service to its agent at the address listed below. Faxed submittals will not be accepted. Electronic copy should be emailed to: Kate Scott, kate.scott@energytrust.org. Energy Trust will accept proposals no later than 5:00 p.m. (PST) on the date shown on the front cover of this RFP. Energy Trust will not be obligated to consider information received outside this time interval for the purposes of this RFP. Submit proposals to: Kate Scott Program Manager Energy Trust of Oregon 421 SW Oak St, Suite 300 Portland, OR 97204 kate.scott@energytrust.org Confirmation of receipt will be sent via reply email within one business day. F. Withdrawal and Modification of Proposals Respondents may withdraw their proposal and submit a revised proposal prior to the response deadline. After the response deadline, respondent-initiated changes will not be accepted unless Energy Trust, in its sole discretion, makes a determination otherwise. Respondents may withdraw their proposal from consideration at any time. G. Revisions to RFP If it becomes necessary to revise any part of this RFP, an addendum will be issued by Energy Trust and provided to all parties that have submitted an Intent to Respond form. Respondents should contact Energy Trust if they find any inconsistencies or ambiguities to the RFP. Clarification given by Energy Trust may become an addendum to the RFP. H. Validity and Deadlines The submitted proposal(s) must specify the date through which the proposal is valid. At a minimum, proposals must be valid for 180 days from the proposal receipt deadline. V. Proposal Evaluation Process and Criteria This section explains how the proposals will be evaluated. It describes the evaluation stages and scoring criteria for proposals submitted in response to this RFP. A. Proposal Selection Criteria Proposal selection will be the sole responsibility of Energy Trust. A team of reviewers consisting of Energy Trust staff, and energy experts from external organizations, will 24 evaluate the proposals. All external reviewers sign confidentiality agreements related to their review. Proposals may be eliminated from consideration at Energy Trust’s sole discretion for any reason including, but not limited to: The respondent did not return an Intent to Respond form. The proposal is substantially incomplete or exceeds page limits. The proposal is not responsive to the objectives and requirements of this RFP. The respondent firm or team has not demonstrated financial stability. The proposal is inconsistent with Energy Trust policies or requirements. The proposal does not meet financial criteria. Energy Trust determines that a conflict of interest exists. B. Proposal Evaluation and Notification for Interview Energy Trust will review the proposals as received and will evaluate each in accordance with the scoring criteria identified in Section V.C below. Interviews may be scheduled with the short-list finalists to discuss proposal questions. Energy Trust will re-score following these interviews and initiate negotiations with the leading respondent(s) whose proposals ranked highest in the evaluation process. C. Scoring Criteria The following selection criteria, and any other criteria which Energy Trust deems relevant, will be used to rank and select proposals received. The selection criteria below will be applied to proposals that are not eliminated for the above reasons. Strength of the Proposal (30%) Responsiveness of the proposal to this RFP; strength of the approach; responsiveness to the specific objectives; creativity in solving problems; creating and leveraging market opportunities; and ability to collaborate with other Energy Trust programs in order to provide seamless customer service. Strength & Cohesiveness of Program Management Team (30%) Demonstrated management experience and technical capability to address the many issues in this RFP for the design, implementation, marketing/outreach and management of the program. Subcontracting to provide expertise for specific program management tasks, such as outreach and delivery to specific market segments, is encouraged and the successful respondent will demonstrate how it will work cohesively and efficiently to perform various aspects of program administration. Cost and Energy Savings (40%) Proportion of the total implementation and delivery budget as compared to the incentive budget. Considerations include: Labor rates for management and program activity, and reasonableness and credibility of each cost elements will be examined. Proposals will be penalized for underestimating costs factors to reduce the bid amount. Proposals will also be evaluated based on the proposed savings goals. 25 VI. RFP Governing Provisions All submitted proposals are subject to the following additional provisions: Agreement to All Terms By submitting a response to this RFP, the respondent represents that it is authorized to submit a response, all information provided in the response is true and correct, and explicitly agrees and accepts the following provisions of this RFP and all other terms and conditions set forth in this RFP. Right to Accept or Reject Energy Trust reserves the right to make multiple awards, reject any and all proposals and to waive any nonconformity in proposals received, to accept or reject any or all of the items in the proposal, and award the contract in whole or in part as it is deemed in Energy Trust’s best interest. Energy Trust may also choose to negotiate any of the details of proposals prior to contracting. Criminal Record and Credit Check Respondents selected as finalists to this RFP may be required to consent to a combined criminal record and credit check in order to proceed in the process. Energy Trust will obtain the respondent’s consent to proceed with these checks. Confidentiality Subject to litigation or other legal disclosure and/or audit requirements, Energy Trust will not disclose information submitted in response to an RFP. Ownership of Responses All materials submitted in response to this RFP shall become the property of Energy Trust and shall not be returned to the respondent. No Verbal Addendums No verbal agreement or conversation made or had at any time with any officer, agent or employee of Energy Trust, nor any oral representation by such party shall add to, detract from, affect or modify the terms of the RFP, unless specifically included in a written addendum issued by Energy Trust. Proposal Costs Each proposal prepared in response to this RFP will be prepared at the sole cost and expense of the respondent and with express understanding that there will be no claims whatsoever for reimbursement from Energy Trust. Waiver of Claims The respondent waives any right it may have to bring any claim, whether in damages or equity, against Energy Trust, Energy Trust Board of Directors or any of Energy Trust’s 26 agents, employees or contractors, with respect to any matter arising out of any process associated with this RFP. Energy Trust Rights Reserved Energy Trust reserves the right, in its sole discretion, to reject any or all proposals in whole or in part, to waive any minor irregularities or informalities in a proposal, and to enter into any agreement deemed to be in their best interests. In addition to any other enumerated reserved rights and/or options as stated in this RFP, Energy Trust may in its sole discretion do any one or more of the following: Determine which proposals are eligible for consideration in response to this RFP. Disqualify proposals that do not meet the requirements of the program. Negotiate with respondents to amend any proposal. Select and negotiate and/or enter into agreements with respondents who are most responsive to the RFP and whose proposals best satisfy the interests of Energy Trust and not necessarily on the basis of price alone, or any other single factor. Issue additional subsequent solicitations for proposals, including withdrawing this RFP at any time and/or issuing a new RFP that would supersede and replace this one. Vary any timetable or schedule, add or change any provisions discussed herein. Conduct any briefing session or further RFP process on any terms and conditions. Suspend or modify the RFP process at any time. Enter into relationships with more than one respondent. Resulting Contract Execution of a written contract with Energy Trust will be necessary to perform any of the work described in this RFP or any responding proposals. No award will be considered a commitment, and no obligations or legal relations shall exist between Energy Trust and any selected respondent(s) until a final and binding written contract has been executed by and between Energy Trust and the respondent(s). Key terms in any resulting contract would include the following: appropriate license and certification requirements; timely and accurate invoicing requirements; requirements stating that written contracts with any of the subcontractors performing any portions of the program are required and must include provisions requiring such subcontractors to adhere to requirements incumbent upon the contractor in its contract with Energy Trust; intellectual property provisions ensuring that work or product developed for the program shall be the property of Energy Trust; conflict of interest disclosure requirements; confidential information nondisclosure requirements; indemnification for third-party claims and limitation of liability provisions, and insurance requirements. Time is of the essence, and prolonged contract negotiations will not be undertaken. In general, Energy Trust strongly prefers contracts that are consistent with Energy Trust’s standard terms and conditions; negotiations for such contracts can generally be completed quickly. Any party involved in these contract discussions can terminate negotiations at any time for any reason. If it appears that contract negotiations are not proceeding in a timely manner, Energy Trust may opt to terminate the discussions and select another respondent. 27 List of Appendices Appendix A – Intent to Respond Form Appendix B – Representations and Signatures Page Appendix C – Contracting Information Appendix D – Roles and Resonsibilities Appendix E – Pricing Proposal Template 28
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