2023_BAKER SD_07072023_RFP_Track Resurfacing.pdf

RFP 2023_BAKER SD_07072023 – Resurface Track

BAKER SCHOOL DISTRICT 5J

COVER PAGE

RESURFACE TRACK

Request for Proposal (RFP)

2023_BAKER SD_07072023

Date of Issue: July 7, 2023

Closing Date and Time: August 8, 2023, at 4:00 PM

Single Point of Contact (SPC): Curtis Dunn

Address 2090 4th Street City, State, Zip Baker City, OR 97814 Phone (voice) (541) 524-2260 E-mail curtis.dunn@bakersd.org

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 SCOPE OF WORK/SPECIFICATIONS

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

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 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY POLICY

6.7 RECYCLABLE PRODUCTS

6.8 CHECKLIST DISCLAIMER

LIST OF ATTACHMENTS

ATTACHMENT A: COST PROPOSAL FORM

ATTACHMENT B: PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT C: RESPONSIBILITY INQUIRY

ATTACHMENT D: CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT E: DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT F: CHECKLIST

ATTACHMENT G: AERIAL PHOTO

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Baker School District 5J, ("District"), is issuing this Request for Proposal for delivery of resurfacing the track, long jump and pole vault areas at the Baker High School.

Additional details on the Scope of the services are included in the Scope of Work/Specifications section.

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 Questions / Requests for Clarification Due July 14, 2023 4:00 PM Answers to Questions / Requests for Clarification Issued (approx.)

July 21, 2023

RFP Protest Period Ends 7 Calendar Days Prior to RFP Closing

Closing (Proposal Due) See RFP Cover Page Opening of Proposal August 8, 2023 4:00 PM Issuance of Notice of Intent to Award (approx.) August 9, 2023 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

District is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Project Overview, Background, and Purpose

District is requesting proposals for delivery of the resurfacing of the track, long jump and pole vault areas at the Baker High School located at 2500 E Street, Baker City OR 97814.

Resurfaced areas must be completed by March 1, 2024.

Contractor is to provide all equipment, materials, and labor to complete the following Scope of Work:

2.4 SCOPE OF WORK/SPECIFICATIONS

2.4.1 General

Proposer to provide all required trade permits, labor, materials, equipment, transportation and track lines/event markings.

The Oregon BOLI Prevailing Wage Rates applicable to this project are the rates in effect at the time construction begins, either through an amendment establishing early work or an amendment establishing a guaranteed maximum price (“GMP”), whichever occurs first.

Those rates will then apply throughout the project.

Proposer agrees to repair any indentations or ruts in athletic field as well as any damage to irrigation during site prep and resurfacing.

2.4.2 Site Preparation

Proposer to clean the existing track asphalt prior to installing new track surface and remove long jump, pole vault asphalt and pole vault pad.

Pole Vault - Excavate 120’ x 4’ at 2’ in depth. Bring back up with ¾ minus compacted to rock grade. Concrete will be 5” thick with rebar.

Pole Vault Pad – Excavate 22’ x 24’ at 2’ in depth. Bring back up with ¾ minus compacted to rock grade. Concrete will be 5” thick with rebar.

Long Jump - Excavate 280’ x 4’ at 2’ in depth. Bring back up with ¾ minus aggregate compacted to rock grade. Concrete will be 5” thick with rebar. Long jump

Long Jump Footing for Sand Pit -- Excavate and construct a 10’ x 24’ footing and wall at 30”.

Walls and footing to include rebar.

2.4.3 Resurfacing

Contractor to supply all labor and materials.

Track resurfacing area – 53,010 square feet which includes track which includes 8 lanes, long jump, javelin, pole vault and pole vault pad. Reference Aerial photo – attachment G.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

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

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):

• Description of Proposal

• Service Level Agreement

• Timeline

• Demarcation

• Sample Contract

• References

• Cost Proposal Form (Attachment A)

• Proposer Information and Certification Sheet (Attachment B)

• Responsibility Inquiry (Attachment C)

• Certified Disadvantaged Business Outreach Plan (Attachment D)

3.2.2 Proposal Page Limits

Proposal is limited to 50 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The RFP Attachments listed in the Proposal Submissions section do not count toward the page limit.

3.2.3 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.

Proposer shall submit an electronic copy or a hard copy on white 8 ½” x 11” Recycled Paper. The total combined size of the Proposal and Coversheet should be compressed so it does not exceed 50 megabytes.

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer’s electronic copy of the Proposal submitted via email or on USB drive, DVD, or CD must be formatted using Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

Proposer shall submit its hard copy Proposal in a sealed package addressed to the SPC with the Proposer’s name and the RFP number clearly visible on the outside of the package.

3.2.4 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by District.

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.

3.4 PROPEROSER INFORMATION AND CERTIFICATION SHEET

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment B).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.4.1 Description of Proposal

Proposer will provide a description of their proposal for all services and solutions.

Description will include an overview of the proposal, any deviations from the requested architecture, design or requirements, assumptions made, and other detail District may find useful or necessary (or could differentiate the solution from a competing proposal).

3.4.2 Service Level Agreement

Proposer will provide a proposed Service Level Agreement (SLA) with the RFP response.

The proposal must include description of products and services, point of contact for the District’s concerns, and a metrics by which the District can monitor and approve the work.

3.4.3 Timeline

Proposer must include a timeline for site preparation and resurfacing. Proposer must include explanation of how this timeline shifts if the completion date cannot be met.

3.4.4 Sample Contract

Proposer shall submit a sample Contract for District review.

3.4.5 References

Provide 3 references from current or former customers for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related work.

District may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. District may use references to obtain additional information, or verify any information needed. District may contact any reference (submitted or not) to verify Proposer’s qualifications.

Proposer shall submit reference names and contact information.

3.4.6 Cost Proposal Form

Proposer shall complete and submit the Cost Proposal Form (Attachment A).

3.4.7 Special Construction Pricing

Proposer shall complete and submit the Special Construction Worksheet (Attachment B) if special construction is necessary.

3.4.8 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment B).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

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 not be held for this RFP.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

https://oregonbuys.gov/

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 email or hard copy

• Reference the RFP 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

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) 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 4:00 PM 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 Protest Requirements

All protests must:

• Be delivered to the SPC via email or hard copy

• Reference the RFP 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

• 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 respective Addendum

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 Closing. District 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. The following delivery options are permitted for this RFP:

4.5.1 Electronic Delivery

A Proposal may be delivered through email directly to the SPC as listed on the Cover Page and must be clearly labeled.

4.5.2 Delivery through Mail or Parcel Carrier

A Proposal may be submitted through the mail or via parcel carrier and must be clearly labeled and submitted in a sealed envelope, package, or box. The outside of the sealed submission must clearly identify the Proposer’s name and the RFP number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

4.5.3 Delivery in Person

A Proposal may be hand delivered and must be clearly labeled and submitted in a sealed envelope, package, or box. A Proposal will be accepted, prior to Closing, during District’s normal Monday - Friday business hours of 7:30 AM to 4:30 PM Pacific Time, except during State of Oregon holidays and other times when District is closed. The outside of the sealed submission must clearly identify the Proposer’s name and the RFP number. It must be delivered to the attention of the SPC at the address listed on the Cover Page.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section. To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

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 or hard copy prior to Closing in accordance with OAR 125-247-0440. To be effective the notice must include the RFP number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Closing. All Proposal modifications or withdrawals must be received prior to Closing.

A Proposal received after Closing 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

A public Opening will be held on the date and time listed in the Schedule and at the location stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not 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

District 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 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 District’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the 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 Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. 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, District may waive mistakes in accordance with OAR 125-247- 0470.

4.10.1.2 Responsibility Determination

District will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment D) within 5 Business Days of receipt of Intent to Award notice.

At any time prior to award, District 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. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available in the Point and Score Calculation section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposal. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

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.

4.10.2.1 Ability to Support Requirements

Did the Proposer demonstrate the ability to fulfill the requirements per the RFP?

Did the Proposer provide a detailed project plan demonstrating the construction timeline and service availability?

4.10.2.2 Proposed Contract Terms & Conditions

Are the proposed contract terms and conditions flexible and acceptable to the District?

4.10.2.3 References

Did the Proposer submit complete contact information for the required number of references?

How well would the references recommend the Proposer?

4.10.2.4 Proposal Completion

Is the Proposal complete and in compliance with the instructions and requirements as stated in the RFP with minimal corporate boilerplate marketing information?

4.10.3 Eligible Cost Evaluation

4.11 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator. The maximum points possible for each evaluation item are listed in the table below. The SPC will average all scores for each evaluation criterion. Cost points are calculated as stated in the Cost Evaluation section.

POINTS POSSIBLE

Ability to Support Requirements 30 Proposed Contract Terms & Conditions 15 Product and Service Cost 30 References 10 Proposal Completion 15

TOTAL POINTS POSSIBLE 100

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

District will rank all Proposers at the conclusion of the evaluation and scoring.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

District, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in the Solicitation Process section. District may award less than the full Scope defined in this RFP.

5.1.2 Intent to Award Notice

District will notify all Proposers in Writing that District intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.1.3 Required Notice to Proceed and Funding Availability

District will follow the purchasing policies of the District Board, State procurement laws and regulations. The implementation of any associated Contracts resulting from this competitive bid process will be dependent on District's issuance of a written Notice to Proceed. The District will have the right to allow any associated Contracts to expire without implementation if appropriate funding does not come available..

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Offeror 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.

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

• District abused its discretion in rejecting the protestor’s Proposal as non-

Responsive.

• District’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If District receives only one Proposal, District 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

All protests must:

• Be delivered to the SPC via email or hard copy

• Reference the RFP number

• Identify prospective Proposer’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the intent to award notice

5.2.2 Response to Protest

District 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 District.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposers who are 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, Proposers shall secure and demonstrate to District proof of insurance as required in this RFP or as negotiated.

5.3.2 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by District 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. Information about these requirements may be found at http://sos.oregon.gov/business/pages/register.aspx.

5.3.4 Responsibility Inquiry

Prior to award, the apparent successful Proposer shall be required to complete and submit Attachment (C)- Responsibility Inquiry.

5.3.5 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 District 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.

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on the Proposer Information and Certification Sheet (Attachment ), in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, District may enter Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP.

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, District, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, District 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 http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx or an emerging small business. District 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=oregon4biz

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

6.2 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 Baker 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 6.2 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.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after District 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 District. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by District.

6.4 CANCELATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

Pursuant to ORS 279B.100, District may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancelation is in the best interest of the State or District, as determined by District. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancelation of the RFP or a Contract award, or the rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.6 STATEWIDE E-WASTE/RECOVERY POLICY

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR.

6.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract.

(ORS 279B.025)

6.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. District makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor District is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

4.10.3 Eligible Cost Evaluation

5.2.2 Response to Protest