2026-044 RFP 100126.pdf

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Portland Public Schools School District 1J

Multnomah County, Oregon

Request for Proposals HVAC Maintenance and Repair Daily Support Re-Issue

RFP No. 2026-044

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)+1 470-771-3058

PIN: 361 806 132#

Meeting Code meet.google.com/crj-ubxr-mua

Proposals Due: Not Later than 2:00:00 PM Pacific Time, October 22, 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 10/22/2026 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: 10/9/2026

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

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RFP HVAC Maintenance and Repair Daily Support 2026-036

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 Prevailing Wages

2.3 Public Works Bond

2.4 Assignment of Work

2.5 Contractor and Subcontractor Fingerprint-Based Criminal History Verification

2.6 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

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6 Contract Terms and Conditions

6.1 Contract Award and Term

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 Form

Attachment E: Facilities List

Attachment F: Sample Work Order

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1 Introduction

Portland Public Schools (“District”) seeks written proposals from qualified vendors able to provide HVAC Maintenance and Repair Daily Support. The District intends to award multiple contracts as a result of this RFP.

The District will determine the number of contracts to be awarded at time of contract award. 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 three years with options to renew for two 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 October 1, 2026 Deadline for Questions or Clarifications October 9, 2026 Final Addenda Deadline October 16, 2026 Proposals Due October 22, 2026

Notice of Intent to Award November 3, 2026

Anticipated Contract Start March 1, 2026

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) BAS as referenced in this document stands for Building Automated System.

Additional definitions are provided in the Portland Public Schools Public Contracting Rules, adopted February, 2026: http://www.pps.net/Page/1584

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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.

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

Provide troubleshooting and repair of HVAC/Boiler mechanical issues for all PPS sites.

Contractor will need to be able to work on a wide variety of HVAC/Boiler systems.

This will include Steam and Hydronic Boiler/HVAC systems along with DDC and majority pneumatic controls. Also included will be Fans, Univents, Heat Exchangers, Chillers, etc.

Repair wide array of HVAC/Boiler related equipment from current to dated systems.

Ability to work on DDC/pneumatic crossovers and fully pneumatic controls. Systems include

Delta, ALC, Honeywell, and Distech Controls.

Operate District provided tablet to receive work tasks; track/note all repairs/adjustments and record time spent on aforementioned tasks.

Verify time spent on tasks and detailed notes of work performed and adjustments made.

Work closely with the Districts representative for the maintenance department to receive work orders and coordinate repairs for efficiency.

This contract will be on an as needed basis.

Mon-Fri 6am-2:30pm, occasional emergency work after hours or weekends. Response time requested will vary depending on priority of work assigned.

The District expects this to be approximately 40 hours a week per technician, which can be dispersed by the awarded contractors to their staff as they see fit.

Two/ three primary technicians are needed per contractor to have consistency.

Purchasing of parts on an as-directed basis for repair of equipment. Notify PPS representative of parts valued over $300 before purchase.

Work will be assigned to technicians daily by PPS HVAC operations supervisor based on workload and technical knowledge.

2.2 Prevailing Wages

The Contract is for a public work and shall be subject to the prevailing wage requirements of ORS 279C.800 to ORS 279C.870. The selected contractor and its subcontractors shall pay the applicable prevailing wages to their workers as required by ORS 279C.840, (i.e. Prevailing Wage Rates for Public Works Contracts in Oregon) as of the advertisement date of this RFP. This RFP and the resulting Contract are subject to the following BOLI wage rate requirements and the prevailing wage rates set forth in the following booklets:

The effective “Prevailing Wage Rates for Public Works Contracts in Oregon” dated July 5th, 2026, including the September 3, 2026 amendment.

The “PWR Apprenticeship Rates” and any other amendments issued by BOLI prior to the issue date of this RFP.

The complete publications may be found online at the BOLI website (http://egov.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml) and is hereby incorporated by reference.

The fee required by ORS 279C.825(1) will be paid by the District to the Commissioner of the Bureau of Labor and Industries under the administrative rules of the Commissioner.

2.3 Public Works Bond

Before starting Work the successful Offeror shall file with the Oregon Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836, unless otherwise exempt under those provisions. The successful Offeror shall also include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Oregon Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the subcontractor has filed a public works bond before permitting the subcontractor to start Work.

A disadvantaged, minority, women or emerging small business enterprise certified under ORS 200.055 may, for up to four years after certification, elect not to file a public works bond as required under Section

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279C.836 (1). If a business enterprise elects not to file a public works bond, the business enterprise shall give the Oregon Construction Contractors Board written verification of the certification and written notice that the business enterprise elects not to file the bond.

Questions regarding payment of prevailing wages may be directed to BOLI at the BOLI website (www.oregon.gov/BOLI) or at the following address:

Bureau of Labor and Industries Wage and Hour Division

Prevailing Wage Unit 800 N.E. Oregon Street, #32

Portland, Oregon 97232

2.4 Assignment of Work

Work will be assigned to technicians daily by PPS HVAC operations supervisor based on workload and technical knowledge. Work orders will be received through Tririga and assigned by our HVAC Operations Supervisor who evaluates each request against a defined set of criteria to ensure optimal technician placement. The supervisor considers the experience level required for the task, matching the scope and complexity of the work order to technicians with a demonstrated history of successfully completing similar assignments. Geographic proximity is then assessed to identify contracted technicians located nearest to the job site, minimizing travel time and supporting prompt response and completion. Technician capacity is reviewed to confirm availability within existing schedules, ensuring new assignments do not compromise service quality or delay other active work orders. Finally, the supervisor evaluates each technician’s specialized knowledge, including familiarity with relevant equipment, systems, or manufacturer specifications, to ensure the assigned technician is fully equipped to complete the work correctly and efficiently. This structured, criteria-based approach enables consistent, high-quality service delivery across all assigned work orders.

2.5 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

2.6 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).

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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 20 pages or less in length. Any pages beyond this page count will be deleted from the proposal prior to the evaluation team scoring it. Resumes should be included in an appendix after the 20-page proposal, and do not count toward the page count. No non-resume pages should be included in the resume appendix.

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 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. Company Strategy

1. Describe your strategy for ensuring seamless integration of your technicians into PPS maintenance management systems, including workflow adherence, data entry standards, preventative maintenance tracking, and communication with district personnel?

2. Would your company be able to on board additional techs to be dedicated to PPS full time for the duration of the contract? Or be able to dedicate existing tech(s) to PPS full time for the duration of the contract?

3. Provide your company’s approach to how you would facilitate additional training and certification for technicians.

Maximum Points Available: 30

B. Experience

1. Describe your company’s experience on the controls systems listed in the above section 2.1.

2. Describe your company’s experience on DDC/pneumatic crossovers along with fully pneumatic systems.

3. Does your company have experience working on antiquated steam systems along with fully modernized hydronic systems? Please give specific details regarding experience on full range of systems from current to outdated/antiquated.

4. Include a completed Attachment C. Describe in your proposal how the included references relate to your ability to perform the work outlined in Section 2.

Maximum Points Available: 30

C. 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: 5

D. Proposed Key Staff and Staff Experience; Staff Capacity

1. Describe the capacity of your firm to perform the scope of work provided in section 2.1

2. List the key staff proposed to perform the Work. Describe the role of each key staff member proposed and the percentage of his or her time which will be allotted to the work.

3. Provide the resume of each key staff person proposed. Or: Describe the experience of the key staff and how he/she is ideally suited to his/her role on the work.

4. Speak to and provide evidence of any licenses and/or certifications the proposed key staff have. This may include, but is not limited to, Class 3 & 5 boiler licenses, HVAC-R, LEB, authorized Honeywell Contractor, etc.

Available: 30

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Evidence of licensure for key staff may be included with their resume in the resumes appendix, as applicable, in addition to the page count.

E. Rate Proposal

Provide rates as specified in Attachment D.

Rate proposal will be evaluated with lowest total weighted rate/markup receiving full points, with all other proposals receiving cost evaluation points proportionately fewer than the maximum based upon the difference from the lowest total weighted rate/markup. Three points for the total weighted hourly rate. Two points for the total weighted markup for materials.

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

Available: 5

Written Evaluation Criteria Total Total Points Available: 100

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 14 of 17 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.

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5.11.2 Content of Solicitation Protest

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.