2026-032 RFP 062626.pdf

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Portland Public Schools School District 1J

Multnomah County, Oregon

Request for Proposals Bond Performance Audit Services

RFP No. 2026-032

RFP Availability:

This RFP is available electronically through the PlanetBids website at:

http://www.planetbids.com/portal/portal.cfm?CompanyID=22555. Interested parties must be registered with PlanetBids to obtain and download documents. Registration is at no cost. Future notices regarding this solicitation, including solicitation addenda, will be posted to PlanetBids.

Proposal Opening:

A public proposal opening will occur via teleconference promptly at 2:05 PM on the day proposals are due.

Only the name of the proposer will be read aloud.

Dial in information:

(US) 7734-500-504+1

PIN: #860 860 077

Meeting Code:

meet.google.com/kkq-cynw-qkq

Proposals Due: Not Later than 2:00:00 PM Pacific Time, August 6, 2026 Late proposals will not be accepted or considered.

Submit Proposals to: ELECTRONIC SUBMITTAL Submit electronically via PlanetBids, The Proposal, including all required documentation, must be submitted through the website not later than 2:00:00 PM on 8/6/26 in accordance with the PlanetBids internal timestamp.

Late Proposals shall be rejected.

HARDCOPY SUBMITTAL

No hardcopy submittals will be accepted.

Direct Questions to: Procurement Contact: Brandon Niles Email: purchasing@pps.net Deadline for Questions: 7/23/26

Electronic Responses: Electronic responses via PlanetBids are required. E-mailed responses will not be accepted.

http://www.planetbids.com/portal/portal.cfm?CompanyID=22555 https://meet.google.com/kkq-cynw-qkq?hs=122&authuser=0

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RFP Bond Performance Audit Services 2026-032

TABLE OF CONTENTS

1 Introduction

1.1 About Portland Public Schools

1.2 Timeline

1.3 Definitions

1.4 RFP Questions, Clarifications and Changes

1.5 Equity in Public Purchasing & Contracting Policy

2 Scope of Work

2.1 Scope of Work

2.2 Performance Audit Report

2.3 Contractor and Subcontractor Fingerprint-Based Criminal History Verification

2.4 Sustainable Business Practices

3 Proposal Format, Content, and Submission

3.1 Proposal Format

3.2 Proposal Content

3.3 Proposal Responses to Evaluation Criteria

3.4 Proposal Submission

4 Proposal Evaluation and Award

4.1 Clarification of Responses

4.2 Proposal Evaluation

4.3 Notification of Intent to Award

4.4 Negotiation

5 Solicitation Terms and Conditions; Protest of Solicitation or Award

5.1 Solicitation Document

5.2 Proposer Cost of Response Preparation

5.3 Submitted Materials are District Property

5.4 Proposal Validity

5.5 Solicitation Cancellation, Rejection of a Proposal or All Proposals

5.6 Disputes

5.7 Publicity

5.8 Preference for Recycled Materials

5.9 Performance within state of public printing, binding and stationary work

5.10 Confidentiality

5.11 Protests

5.12 Intergovernmental Permissive Cooperative Agreement

6 Contract Terms and Conditions

6.1 Contract Award and Term

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6.2 Portland Public Schools Contract

6.3 Insurance

6.4 Asbestos Abatement

Attachment A: Sample Contract

Attachment B: Proposer Certification Form

Attachment C: Reference Form

Attachment D: Rate Proposal

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1 Introduction

Portland Public Schools (“District”) seeks written proposals from qualified vendors able to provide Bond Performance Audit Services. The District intends to award a single contract as a result of this RFP. This determination will be based upon the evaluation of scores underlying the rank of each proposal and the capacity of the proposers, and shall be at the sole discretion of the District. The contract term will be four years with options to renew for four additional one-year terms.

1.1 About Portland Public Schools

Portland Public Schools, founded in 1851, is a PK-12 urban school district in Portland, Oregon. With more than 45,000 students in 81schools, it is one of the largest school districts in the Pacific Northwest.

With highly trained teachers and staff; an engaged parent community; strong partnerships, and a focus on closing the racial educational achievement gap, PPS has seen significant gains in its graduation rate and has enjoyed steady enrollment growth. Thanks to the state Legislature, school funding is improving and thanks to Portland voters, a PPS School Building Improvement Bond is now fueling the modernization of our aging school buildings for 21st century learning.

1.2 Timeline

ACTIVITY DATE

Issuance of Request for Proposal 6/26/26 Deadline for Questions or Clarifications 7/23/26 Final Addenda Deadline 7/30/26 Proposals Due 8/6/26 Notice of Intent to Award 8/21/26 Anticipated Contract Start 10/1/26

The District reserves the right to deviate from this schedule.

PLEASE NOTE: After an Intent to Award has been issued, all Offerors are welcome to view the solicitation and evaluation file at District offices. However, a debrief and/or copies of documents in the solicitation file will not be available until after a contract has been fully executed.

1.3 Definitions

a) “CERTIFIED BUSINESS”, as used in this RFP, means a for-profit company certified by the State of Oregon Certification Office of Business Inclusion and Diversity (COBID) as a Minority-Owned Business (MBE), a Women-Owned Business (WBE), a Service Disabled Veteran Business (SDVBE) and/or an Emerging Small Business (ESB) pursuant to Oregon Revised Statutes Chapter 200; and/or

A company certified in the States of Oregon, Washington and California by the U.S. Department of Transportation (U.S. DOT) as a Disadvantaged Business Enterprise (DBE) pursuant to Code of Federal Regulations (CFR) Title 49, Subtitle A, Parts 23 and 26; and/or

A company certified by the State of Washington Office of Minority and Women’s Business Enterprises as a Minority Business Enterprise (MBE) and/or Woman Business Enterprise (WBE) pursuant to Washington Administrative Code, Title 326, Chapter 326-20.

b) Performance Audits – Engagements that provide assurance or conclusions based on an evaluation of sufficient, appropriate evidence against stated criteria, such as specific requirements, measures, or defined business practices. Performance audits provide objective analysis so that management and those charged with governance and oversight can use the information to improve operations, reduce costs, facilitate decision making by parties with responsibility to oversee or initiate corrective action, and contribute to public accountability.

c) Compliance – Audit against compliance criteria established by laws, regulations, District policies, contract provisions and other requirements.

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d) Economy and Efficiency, Effectiveness and Results – Focuses on resource consumption and how organizations acquire, protect and use resources, as well as measuring the extent to which a program is achieving its goals. This performance audit scope area requires an objective analysis that enables management and those charged with governance and oversight to use the information to “improve program performance and operations, reduce costs, facilitate decision making by parties with responsibility to oversee or initiate corrective action and contribute to public accountability” as specified in GAGAS.

e) Internal Control – Assess internal controls to determine if they provide reasonable assurance of achievement of specified goals, which is a typical component in the assessment program performance.

f) Stakeholders - a person, group, organization, member or system who affects or can be affected by an organization's actions (Board of Education, Community Oversight Committee, staff, parents, guardians, students and members of the public interested in the District).

g) GAGAS are Government Auditing Standards and require performance auditors to be independent, competent and to have quality controls. Relevant definitions of these criteria are as follows:

a. Independence – The performance audit organization and individual auditors must be free from personal, external and organizational impairments to independence and must avoid the appearance of such impairments of independence.

b. Competence – The performance audit organization and its professional staff should have: a) performance audit experience, b) knowledge of GAGAS, the k-12 public school district environment and construction programs, c) sampling, information technology, engineering and construction audit skills, d) staff who have completed 80 hours certified professional education (24 hours applicable to GAGAS) every two years, e) compliant reporting of performance audit results, and f) proper licensing as applicable to provide the professional services to be rendered.

c. Quality Control – The performance audit firm must have: a) a quality control system that complies with professional standards and b) an external peer review once every three years to verify the compliant implementation of the audit organization’s quality control system.

Additional definitions are provided in the Portland Public Schools Public Contracting Rules, adopted May, 2019: http://www.pps.net/Page/1584

1.4 RFP Questions, Clarifications and Changes

Any Proposer requiring clarification of the information provided in this solicitation must submit specific questions or comments in writing to the Procurement Contact shown on page 1 of this document. Email is the preferred form of written communication. The deadline for submitting such questions is shown on page 1 of this document.

Questions should be transmitted by email and should include the solicitation number and title in the subject line of the email. Wherever possible, all questions for a single solicitation should be grouped together in a single email. Such emails must only address one solicitation. If a prospective Bidder has questions across multiple solicitations, the Bidder should submit separate emails for each solicitation, labeled by solicitation number and title.

The District may at its sole discretion reject questions or requests that do not adhere to these guidelines.

If selected for award, a proposer will be expected to execute a contract with the material terms and conditions of the sample contract included with the solicitation documents. The material terms and conditions of the sample contract may be modified at the sole discretion of the owner upon determination that the modification is in the best interest of the owner.

If the proposer selected for award as a result of this RFP fails to agree to a contract with the material terms and conditions of the sample contract attached, the District may terminate negotiations with the proposer and commence negotiations with the next highest ranked proposer.

http://www.pps.net/Page/1584

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1.4.1 Addenda

If the District determines that additional information or interpretation is necessary, such information or interpretation will be supplied in addenda, posted on PlanetBids.

Those who have registered their interest in the solicitation through PlanetBids will be notified of addenda via email. Addenda shall have the same binding effect as though contained in this RFP.

The Director of Purchasing & Contracting or designee shall issue all addenda not less than 72 hours prior to the submission deadline.

Statements made by the District’s representatives are not binding on the District unless confirmed by written addendum.

1.5 Equity in Public Purchasing & Contracting Policy

The District is dedicated to increasing contracting opportunities for minority-owned businesses, women-owned businesses, service-disabled veteran-owned businesses, disadvantaged businesses, and emerging small businesses (“Certified Businesses”). Certified Businesses are strongly encouraged to submit proposals in response to this RFP. In addition, all proposers should seek opportunities to partner or subcontract with Certified Businesses in this work as well as participate meaningfully in minority and women workforce development.

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2 Scope of Work

2.1 Scope of Work

The Portland Public Schools (PPS) District requires the awarded contractor to provide performance annual audit services for the Bond Program(s) in compliance with Government Auditing Standards (GAGAS). The performance audit will cover the initial fiscal years beginning with July 1, 2025 through June 30, 2026, and upon successful completion of the scope of services.

The primary focus of the scope of services are the projects funded by the District’s general obligation bonds (Bond Program). The scope of services for the annual audit may vary due to expenditures incurred during the applicable audit year. The selected firm, in consultation with the District Audit/ Bond Accountability Committee, is responsible for identifying the specific area of concentration for the audit on an annual basis to include but not limited to those listed below.

An entrance and exit conference will be required as part of the scope of services. The exit conference must include the District Audit/Bond Accountability Committee.

A. Services will include auditing of District Bond Projects, which may include:

i. Cleveland High School

ii. Grice-Adair Center for Educational Excellence

iii. Ida B. Wells High School

iv. Jefferson High School

v. Relevant Bond Program level services

• Health and Safety – Water Improvement, Asbestos, Roofing, Lead Removal, Radon, Fire Alarm, Fire Suppression, ADA, Special Education Projects

• Seismic Projects

• Curriculum Projects

• Security

• Information Technology Projects

• Athletics Projects

• Physical Education Projects

• Mechanical Projects

• Facility Improvement Projects

Note: Any project utilizing bond proceeds, in whole or in part, shall be within the purview of the Performance Audit.

B. Review and report on specified projects compliance with:

i. PPS Contracting and Procurement policies

ii. Bond Program policies and procedures

iii. PPS District Performance Auditing Policy 1.60.040-P

iv. Oregon Prevailing Wage Laws

v. Compliance with contractual requirements

vi. Contractual Insurance/Bonding/Surety requirements

vii. Applicable governing laws (i.e. Oregon Revised Statutes, Oregon Administrative Rules)

C. Representative sample of expenditures are compliant with “bond compensable” requirements and within requirements of the relevant ballot language

D. Appropriate legal/risk review and approval of executed contractual documents

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E. Completeness of representative sample of financial documents

i. Pay applications from vendors

ii. Budget transactions

iii. Reconciliation of e-Builder to Peoplesoft

F. Review and evaluate common construction program exposures such as:

i. Noncompliant/inconsistent use of bond funds

ii. Inaccurate program financial records and reports

iii. Priorities and/or project plans are not aligned with funding

iv. Overcharges and costly practices

v. Excessive requirements, scope creep and excessive change order costs

vi. Project delays and disruptions

vii. School impacts and safety issues

viii. Construction quality issues

G. Address the design and implementation of controls needed to effectively and efficiently achieve the project cost, scope, schedule and compliance goals

i. Compliant use of funds and reliability of related controls

ii. Current, accurate and complete financial and budgetary reporting

iii. Program governance, approval, monitoring and oversight controls including review commentary of the District’s current Project Manual Procedures (PMP)

iv. Procurement and payment control processes

v. Contracts compliance and change order controls

vi. Development and use of contingencies and allowances

vii. Cost benefit analysis and value engineering

viii. Schedule management systems and controls

ix. Project close-out controls

x. Completeness and adequacy of policies and procedures

H. Review and report on specified program compliance with:

i. Adequacy of project management system (e-Builder) to enforce/manage proper budgetary approvals and change process

ii. Appropriate timelines for completion of processes

iii. Reporting system and process to the Board of Education (typically via the Facilities Improvement Oversight Committee (FIOC), Audit Committees and the Bond Accountability Committee (BAC).

iv. Adequacy of RISE staffing to execute the work outlined in the Bond Programs

I. Auditor Performance Requirements:

i. Auditors shall develop and submit initial and annual audit plans to RISE no later than sixty (60) calendar days of the notice to proceed with work, or annually on January 31st for review of scope and scale of the audits anticipated in the upcoming fiscal year.

The Audit Committee and Facility Improvement Oversight Committee (FIOC) will provide additional guidance to the required scope of work resulting in revisions to the initial and annual audit plan for Audit Committee approval.

ii. Auditor shall develop and submit annual audit report to the Audit Committee for review and approval

iii. Auditor shall work in conjunction with and at the direction of RISE (specifically, the Sr.

Chief of Operations)

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iv. Reconcile findings with members of RISE Bond Project management teams

J. Conduct a performance audit in accordance with generally accepted government auditing standards (GAGAS), informally known as the “Yellow Book,” issued by the comptroller general of the United States (U.S.), who heads the U.S. Government Accountability Office (GAO).

K. We anticipate that the scope of the audit as described above will require recommendations and/or findings and the scope review should not be limited to these points. Any findings that may warrant further investigation will be identified with the Audit Committee and receive prior authorization to extend scope and/or audit costs prior to the start of work.

L. Practical and attainable recommendations within the environment in which the District’s bond program must legally and realistically operate.

M. When recommendations involve major additions or a shifting of resources, the Performance Auditor should identify alternative procedures and controls that can be implemented in the interim until such additions or resources can be in effect.

N. Interviews of key personnel, including but not limited to, senior management responsible for the overall Bond program, District office personnel, Bond Program management, and accounting and control personnel. Interviews should also include key or major contractors to the Bond Program.

O. Include review of agreements and subsequent billings for consultants with testing and follow-up to verify compliance of contracts to approved and industry business practices.

P. Preparation of a draft report in advance of the due date to allow for a review with the designated District administration officials prior to the finalized report.

Q. Any additional audit services may be requested by PPS through the Sr. Chief of Operations of

RISE.

2.2 Performance Audit Report

A. Each Performance audit will be well-written and include the following:

i. Positive program performance noted

ii. Findings for areas needing attention

a. Criteria

b. Cause

c. Effect

d. Recommendation

e. Benefit

iii. Practical and attainable recommendations are clearly articulated within the environment of the bond program and are legal and realistic.

B. Draft reports are for the purpose of discussing the issues, findings, and recommendations contained in the report. The draft report will incorporate District/management responses and comments prior to final submission to the Board of Education.

C. Devote such diligence, skill, and time necessary to complete the Performance Audit within 6 months of fiscal year end so that the report will be presented by January 31st to the BAC and BOE in the final form. Prepare periodic status reports for the audit areas completed, in-progress, and to be completed, including dates of completion, expected start dates and expected dates of completion.

D. Render periodic reports on the progress of the Performance Audit and examinations whenever requested by the Sr. Chief of Operations of RISE/District’s internal Auditor.

E. Provide an electronic version (single file, searchable .PDF format) for the District.

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F. The Performance Auditor shall retain all working papers for a period of five (5) years, unless otherwise specified in writing by the District. Such papers shall be available for review and audit by the District, representatives of the federal/state governments, subsequent audit firms and other individuals as directed by the District. Working papers must be submitted to the requesting party within thirty (30) days of the request.

G. Report must be delivered no later than December 31st following June 30th of the prior fiscal year.

2.3 Contractor and Subcontractor Fingerprint-Based Criminal History Verification

Performance under this Contract may require or cause Contractor to have direct, unsupervised contact with students. The District requires all Contractor personnel who may have direct, unsupervised contact with students to pass the District fingerprint-based criminal history verification. The Contractor is solely responsible for the cost of these verifications. The current cost is $94.50 and is subject to change.

Proposers are advised to consider this cost when responding to price proposal evaluation criteria as the District will not pay for, or reimburse, such costs. Additional information about this verification process may be found at https://www.pps.net/Page/184

2.4 Sustainable Business Practices

Proposers should prioritize sustainable business practices, including but not limited to:

a. Apply route optimization strategies when providing services, which reduces dependency on oil, saves money, and reduces climate changes when feasible.

b. Maintain a comprehensive and sustainable waste reduction and recycling plan and, where possible, recycle, reuse, and reduce waste going to landfill.

c. Emphasize local product sourcing.

d. Apply water conservation measures to reduce water loss, water usage, and improve water management; including high efficiency fixtures, employee education, and a comprehensive water conservation management plan with actionable goals.

e. Expand use of renewable energy

f. Maintain a toxic waste reduction plan, including but not limited to the following approaches, as applicable: Using certified green cleaning products (e.g. Ecologo, GreenSeal, etc.); reducing technology toxicity (e.g. using EPEAT registered computers); building or remodeling with the intent to be LEED certified with a focus on the environmental health of buildings; using low VOC paints and sealants; and purchasing new goods with Health Product Declarations (HPD).

https://www.pps.net/Page/184

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3 Proposal Format, Content, and Submission

3.1 Proposal Format

District proposal standards:

a) Proposal includes a one-page cover letter as the first page of the proposal.

b) Proposal addresses all evaluation criteria in the order presented in 3.2.

c) Proposal is 10 pages or less in length. Any pages beyond this page count will be deleted from the proposal prior to the evaluation team scoring it.

d) Attachments B, C, and D must be uploaded in a separate response file under Attachments and are not included in the page count. Failure to upload these may result in your proposal being rejected as non-responsive.

e) Proposals must be submitted electronically via PlanetBids. No hardcopy or e-mailed submittals will be accepted.

Please do not include sales or promotional materials as part of proposal unless requested.

3.2 Proposal Content

Include the content listed in Table 3.2-1.

Proposals shall include all designated mandatory requirements. Proposals lacking one or more of the mandatory requirements may be rejected as non-responsive. Mandatory requirements are designated by a check mark in the “Mandatory” column of Table 3.2-1 below.

Table 3.2-1

Proposal Content Mandatory Scored Optional Proposer Certifications and Representations, signed in ink or indelible pencil

Attachment B

References Attachment C Rate Proposal Attachment D Evaluation Criteria Responses

3.2.1 Attachment B: Proposer Certifications and Representations

Include a completed Attachment B: Proposer Certifications and Representations form, signed in ink or indelible pencil. If submitted electronically via PlanetBids, a scanned copy will be accepted.

Digital and stamped signatures are not accepted.

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3.3 Proposal Responses to Evaluation Criteria

Address each of the following Evaluation Criteria completely, and in the order provided:

3.3.1 Written Evaluation Criteria

A. Firm/Staff Qualifications

Provide the firm's background and experience in providing the services identified herein for a public agency within the State of Oregon.

Describe the capacity of your firm to perform the scope of work provided.

Provide the team proposed to perform the work and each member's relevant experience. Provide a list of any relevant licenses or certifications to the services being provided for each team member.

Maximum Points Available: 20

B. Internal Workforce Equity and Diversity Practices Describe your local/regional workforce demographics and any measurable steps taken to ensure a diverse internal workforce (e.g., women and people of color).

• How do you approach internal on-the-job training, mentoring, technical training, and/or professional development opportunities for women and people of color?

• What strategies do you use to overcome any existing lack of regional or industry diversity in order to ensure a diverse internal workforce?

• List the top three actions/ongoing practices you have implemented to ensure a diverse workforce is represented at all levels (e.g., upper management, middle management and lower-level management).

Reference implementation dates, timelines, and any performance metrics that characterize these achievements.

Available: 10

C. Approach & Methodology

Provide your approach to meeting the goals and objectives of the scope of work in the most efficient, expedient manner without disrupting the delivery of capital projects.

Describe how the examinations will be conducted to comply with applicable laws and regulations.

Provide a brief description of the firm’s system of quality control.

Provide a brief description of any added value elements the District should consider employing to enhance the services requested.

Describe how your firm will meet the deliverables and deadlines outlined in Section 2.2.

D. Sustainable Business Practices

Describe your organization’s internal and external approaches to the use of renewable energy, including purchasing energy from low carbon and renewable sources, avoiding products that draw power when not in use, and improving the insulation, lighting, and building envelope features of organization facilities.

Available: 5

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Provide detail about potential procurement and/or sourcing of products or services from local, small and/or disadvantaged businesses. As possible, identify suppliers and their ownership.

Describe how your organization will perform all the Sustainable Business Practices listed in Section 2.

Describe and include any sustainability accreditations and/or certifications your organization holds.

How does your organization promote use of public transportation and/or telecommuting for its employees?

What business value have you seen from your sustainability efforts?

How does your company’s innovation impact your customers?

Describe your toxic waste reduction plan

Provide the details of your energy conservation efforts in the form of metrics, practices, and/or processes.

An ideal proposal will demonstrate: Offeror prioritizes sustainable business practices within the organization, and has a plan in place to increase sustainability within its operations.

E. Relevant Experience

List five (5) engagements of similar nature (scope and scale) completed in the last five (5) years for a public agency. Provide the name of the agency, name of the primary point of contact and contact information. List on Attachment C.

Available: 25

F. Rate Proposal

Provide fee as specified in Attachment D.

Rate proposal will be evaluated with lowest Total 4-Year Weighted Average Rate receiving full points, with all other proposals receiving rate evaluation points proportionately fewer than the maximum based upon the difference from the lowest Total 4-Year Weighted Average Rate.

Rates must be inclusive of all costs associated with performing the work, including but not limited to any travel and/or reimbursable expenses and any other incidental costs.

Changes to locked portions of Attachment D may result in Proposal rejection.

Written Evaluation Criteria Total Total Points Available: 100

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3.4 Proposal Submission

Electronic Submittal

Submit electronically via PlanetBids, all required sections of the Proposal must be submitted through the website in accordance with the PlanetBids internal timestamp.

Hardcopy Submittal

No hardcopy submittals will be accepted.

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4 Proposal Evaluation and Award

4.1 Clarification of Responses

In the event that one or more proposals are in need of clarification, the District will request such clarification in writing and will afford the Proposer(s) contacted an opportunity to respond in kind, with the necessary clarification.

4.2 Proposal Evaluation

The evaluation process of this RFP will be comprised of only a written proposal evaluation.

An Evaluation Committee, consisting of not less than three individuals, shall evaluate the proposals. Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria.

The District may assign certain evaluators specific Evaluation Criteria, in alignment with the evaluator’s expertise.

The District may appoint separate evaluation teams for each tier of the evaluation process.

4.2.1 Ranking of Proposals

Evaluations will be scored by rank. The highest-ranked proposal will be determined as follows:

a) Each evaluator will assign a ranking to each proposal, based on the total score he or she awarded each proposal based on the evaluation criteria points.

b) The proposal to which the evaluator awarded the most points will receive an Evaluator Final Rank of 1. The proposal to which the evaluator awarded the second most points will receive an Evaluator Final Rank of 2, and so forth.

c) The District will then sum the Evaluator Final Ranks for each proposal. The proposal with the lowest total final rank (the sum of all Evaluator Final Ranks) will be ranked first. The proposal with the second lowest final rank will be ranked second, and so on. The proposal with the highest final rank will be ranked last.

4.2.2 Tier 1: Written Proposal Evaluation

a) Each evaluator shall independently score and then rank proposals in accordance with the

Evaluation Criteria.

b) District Purchasing & Contracting department, or its designee, shall evaluate fee proposals.

c) The District shall sum the Tier 1 rankings per proposal for a total written evaluation ranking for each proposal.

4.2.3 Best and Final Offers

a) At its sole discretion, the District may require Best and Final Offers.

b) At its sole discretion, the District may re-establish the competitive range, based on written and interview rankings. If the District exercises this option, it will require Best and Final Offers from Proposers within the re-established Competitive Range.

c) In the event District requires Best and Final Offers, it shall establish a common date and time by which eligible Proposers must submit such Best and Final Offers. The District shall evaluate Proposals as modified by the Best and Final Offer, and on the basis of the Evaluation Criteria.

d) If a Proposer does not submit a Best and Final Offer or a notice of withdrawal, the Proposer’s original proposal shall be construed as its Best and Final Offer.

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4.2.4 References

The District reserves the right to investigate references, including customers other than those listed in a Proposer’s submission. This inquiry may include without limitation, investigation of past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and its lawful payment of employees and subcontractors.

4.3 Notification of Intent to Award

The District shall notify Proposers of its Intent to Award by posting such notification on PlanetBids.

4.4 Negotiation

a) After the District has issued the Notice of Intent to Award, the District will commence serial negotiations with the highest-ranked eligible Proposer.

b) At any time during negotiations, the District may terminate negotiations with the highest ranked Proposer, or the eligible Proposer with whom it is currently negotiating if the District believes that:

i. The eligible Proposer is not negotiating in good faith; or

ii. Further negotiations or negotiations with the eligible Proposer will not result in the parties agreeing to the terms and conditions of the final Contract in a timely manner.

c) If the District terminates negotiations with an eligible Proposer, the District may then commence negotiations with the next highest-ranked eligible Proposer.

d) The District reserves the right to negotiate final contract terms with the selected Proposer(s) to the fullest extent allowed by law and as in the best interest of the District.

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5 Solicitation Terms and Conditions; Protest of Solicitation or Award

5.1 Solicitation Document

This solicitation document may be viewed at the Portland Public Schools Bid Desk, located at the Blanchard Educational Service District Building, 501 N. Dixon St., 2nd Floor, Portland, Oregon 97227.

5.2 Proposer Cost of Response Preparation

Proposers will bear sole responsibility for all costs incurred in preparing and providing their proposals in response to this RFP.

5.3 Submitted Materials are District Property

All materials submitted for any proportion of a Proposal in response to this RFP, or during any tier of this solicitation, will become the property of the District and will not be returned to proposers.

5.4 Proposal Validity

Proposals will remain valid for a period of 90 days following the Proposal submission deadline.

5.5 Solicitation Cancellation, Rejection of a Proposal or All Proposals

The District may cancel the Procurement or reject any or all Proposals in accordance with ORS 279B.100.

The District is not liable to any Proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a Proposal.

5.6 Disputes

In case of any doubt or difference of opinion as to:

a) The items or service to be furnished under this RFP, or

b) The interpretation of the provisions of the RFP, the decision of the District will be final and binding upon all parties.

5.7 Publicity

News releases relating to this RFP will not be made without prior approval by, and in coordination with, the District Community Involvement and Public Affairs Department.

5.8 Preference for Recycled Materials

The District will give preference for Recycled Materials as set forth in ORS 279A.125 if:

a) The Recycled Product is available;

b) The Recycled Product meets applicable standards

c) The Recycled Product can be substituted for a comparable non-recycled product; and

d) The Recycled Product’s costs do not exceed the costs of non-recycled products by more than 5%, or a higher percentage if the District makes such a written determination.

5.9 Performance within state of public printing, binding and stationary work

a) Except as provided in subsection (b) of this section, all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the state or any county, city, town, port district, school district, or other political subdivision thereof, Page 18 of 21 Rev. 060425 will be performed within the state. All requests for proposals and all contracts for such work shall so stipulate.

b) The work referred to in subsection (a) of this section may be performed outside the state if it is established that:

i. The work cannot be performed within the state;

ii. The lowest price for which such work can be procured within the state exceeds the charge usually and customarily made to private individuals and corporations for work of similar character and quality; or

iii. All proposals for the work, or any part thereof, are excessive and not reasonably competitive.

5.10 Confidentiality

a) The District is subject to the Oregon Public Records Law (ORS 192.311 to 192.478), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted in ORS 192.345, 192.355, or other applicable law. Examples of such exemptions include: trade secrets (ORS 192.345 (2)) and computer programs (ORS 192.345 (15)).

b) The District will not disclose records submitted by a proposer that are exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations:

i. The Proposer shall mark all proposal pages containing the records it has determined as confidential under Oregon Public Records Law and shall segregate those pages in the following manner:

a. Such pages will be clearly marked “Confidential” on each page of the confidential document.

b. Proposer will separate confidential pages from its other Proposal pages by providing the confidential pages to the District in a separate envelope or package.

c. In its proposal, Proposer will cite the specific statutory exemption in Oregon Records Law exempting such pages from disclosure.

d. Items 5.10 a) and 5.10 b) will prevail in the event these provisions conflict with formatting or response instructions elsewhere in this document.

e. Proposers may not mark an entire Proposal confidential. Should a proposal be submitted in this manner, the District will hold no portion of the proposal as confidential, unless such a portion is segregated as per 5.10 b) and is determined exempt from Oregon Public Records Law.

c) Notwithstanding the above procedures, the District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the Multnomah County District Attorney or a court of competent jurisdiction.

d) Prior to disclosing such information, the District will make reasonable attempts to notify the proposer of the pending disclosure.

5.11 Protests

5.11.1 Protest of Solicitation or Contract Documents

a) Any Proposer wishing to protest this RFP or any provision, specification or contract term herein, must submit such questions, comments or protests to:

b) The Procurement Contact and Bid Desk location listed on the first page of this RFP.

c) The deadline for submitting such protests is the same date as the deadline for questions listed on the first page of this RFP.

5.11.2 Content of Solicitation Protest

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The prospective Proposer’s written solicitation protest must include all of the following:

a) Sufficient information to identify the solicitation that is the subject of the protest;

b) The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed, or improperly specifies a Brand Name;

c) Evidence or supporting documentation that supports the grounds on which the protest is based; and

d) A statement of the desired changes to the Procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the prospective Proposer based its protest.

5.11.3 Protest of Contract Award

a) Adversely affected Proposers who wish to protest the Competitive Range, proposal rejection as non-responsive, the Intent to Award a contract, may do so providing:

i. The Proposer is adversely affected because the Proposer would be eligible to be awarded the contract in the event that the protest were successful: and

ii. The reason for the protest is:

iii. All higher-ranked proposals are non-responsive;

iv. The District has failed to conduct the evaluation of Proposals in accordance with the criteria or processes described in the solicitation materials;

v. The District has abused its discretion in rejecting the protestor’s Proposal as non-responsive or;

vi. The District’s evaluation of Proposals or the District’s subsequent determination of Award is otherwise in violation of Portland Public Schools Public Contracting Rules or the Public Contracting Code.

b) An affected Proposer may only protest its exclusion from a tier of competition if the Proposer is responsible, submitted a responsive proposal and, but for the District’s mistake in evaluating the Proposer’s offer, or other Proposer Offers, the protesting Proposer would have been eligible to participate in the next tier of competition.

i. All protests must be in writing and physically received by the Director of Purchasing & Contracting or designee no later than 2:00 PM Pacific Time on the seventh (7th) calendar day after the posted Notice of Intent to Award or postmarked rejection. Address protest to the Procurement Contact on the first page of this RFP.

ii. Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used in scoring by individual evaluators is not grounds for protest.

iii. Protests not filed within the time specified in paragraph i. above, or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based shall be dismissed. An issue that could have been raised by request for clarification or protest of specifications as provided in 5.11.1 is not grounds for protest.

5.12 Intergovernmental Permissive Cooperative Agreement

At the discretion of the Contractor and pursuant to ORS 279A and District procurement rules, other public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s), under terms and conditions of the resultant contract.

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Any such purchases shall be between the Contractor and the participating public agency and shall not impact the Contractor’s obligations to the District. Any estimated purchase volumes listed herein do not include other public agencies and the District makes no guarantee as to their participation.

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6 Contract Terms and Conditions

6.1 Contract Award and Term

The contract award and term are as noted under Section 1 of this RFP.

6.2 Portland Public Schools Contract

Proposers are advised to thoroughly review and familiarize themselves with the District sample standard contract incorporated as Attachment A.

The successful proposer will be invited to enter into a contract in substantially the form attached hereto as Attachment A.

Any contract resulting from this RFP shall be based on the RFP documents and in compliance with Portland Public Schools Public Contracting Rules and the Public Contracting Code.

6.3 Insurance

Proposers are advised to carefully review the insurance requirements contained in the sample standard contract.

6.3.1 Insurance Certificates

Contractor will promptly provide Certificates of Insurance at the District’s request.

6.4 Asbestos Abatement

The Contractor or subcontractor is not required to possess an asbestos abatement license per ORS 468A.710.

1.5 Equity in Public Purchasing & Contracting Policy

5.12 Intergovernmental Permissive Cooperative Agreement

6.4 Asbestos Abatement