24-0004 Asbestos Mold Radon Lead Inspection.pdf

REQUEST FOR PROPOSALS

Solicitation No: 24-0004

For the Provision of a Master Contract for:

ASBESTOS AND MOLD INSPECTION, MANAGEMENT PLANNING

SERVICES AND RADON, LEAD IN WATER & LEAD PAINT TESTING

RFP Closing (Due Date & Time):

December 19, 2024 by 2:00 PM Pacific Time

Issued by:

Beaverton School District 48J

1260 NW Waterhouse Avenue Beaverton, Oregon 97006

November 12, 2024

Beaverton School District Procurement and Contracting contracts@beaverton.k12.or.us

REQUEST FOR PROPOSAL

Solicitation No: RFP 24-0004

Summary

The purpose of this Request for Proposals (Solicitation) is to obtain competitive Offers from qualified Consultants (Proposers) interested in the provision of Asbestos and Mold Inspection, Management Planning Services and Radon, Lead in Water & Lead Paint Testing, on an as-needed basis.

There is NO Pre-Proposal conference scheduled for this Solicitation.

Interested Proposers must submit a Proposal via Email to contracts@beaverton.k12.or.us, pursuant to the provisions of this Solicitation NOT LATER THAN:

SOLICITATION DUE DATE AND TIME (CLOSING):

December 19, 2024 by 2:00 PM Pacific Time

To: contracts@beaverton.k12.or.us

No public opening will occur. Proposals will be opened and recorded. The number of Proposals received, and the identity of Proposers will be available within seven (7) days. The contents of any proposal will not be disclosed to the public until all proposals have been evaluated, negotiations completed if required, and a recommendation for Award has been published.

Proposers are solely responsible for ensuring that the Beaverton School District receives its Proposal.

LATE PROPOSALS WILL NOT BE ACCEPTED.

Prospective Proposers must register at OregonBuys Periscope Holdings - Login (oregonbuys.gov) to obtain the solicitation documents and to receive any associated information/updates. Proposers must familiarize themselves with the entirety of all Solicitation documents.

All questions and comments regarding this solicitation must be directed ONLY IN WRITING to District Purchasing Staff at contracts@beaverton.k12.or.us

PROPOSALS MUST BE PURSUANT TO THE PROVISIONS OF THIS SOLICITATION.

THE DISTRICT MAY REJECT ANY PROPOSAL NOT IN COMPLIANCE WITH ALL PRESCRIBED

REQUIREMENTS.

mailto:contracts@beaverton.k12.or.us mailto:contracts@beaverton.k12.or.us https://oregonbuys.gov/bso/ mailto:contracts@beaverton.k12.or.us

SECTION I – INTRODUCTION

SOLICITATION: 24-0004

Asbestos and Mold Inspection, Management Planning Services, and Radon, Lead in Water and Lead Paint Testing

1. INTRODUCTION:

This Solicitation is issued pursuant to ORS 279A, ORS 279B and the Oregon Attorney General Model Rules Divisions 46 and 47.

2. DEFINITIONS:

The term "District" or “Owner” throughout this document means the Beaverton School District (BSD). The term “Proposer” means the person or firm that submits a Proposal in response to this Solicitation. The term “Proposal” or “Offer” means a written response to provide Goods or Services in response to this Solicitation. “Closing” means the date and time specified in the Solicitation as the deadline for submitting Proposals. “Consultant” or “Supplier” means the firm awarded a Contract as a result of this Solicitation.

3. SOLICITATION REVIEW:

Proposers must carefully review the Solicitation documents and are responsible for knowing and understanding all terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to the District's attention in writing pursuant to QUESTIONS/CLARIFICATIONS/CHANGES AND SOLICITATION PROTEST in Section III, protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award (NOI) may not be favorably considered.

4. BACKGROUND:

The Beaverton School District encompasses approximately 56 square miles in northwestern Oregon in Washington County. The District, located in the Portland, Oregon metro area, is the third largest School District in Oregon. The Beaverton School District has approximately 4,700 employees. The District is responsible for educating approximately 40,870 students in pre-kindergarten through grade 12 at thirty-four

(34) Elementary Schools, eight (8) Middle Schools, six (6) High Schools and six (6) Option Schools, and nineteen Option Programs.

5. SCOPE OF WORK:

The District is seeking to establish Master Contracts(s) with qualified Consultants for the provision of Asbestos and Mold Inspection, Management Planning Services, and Radon, Lead in Water and Lead Paint Testing.

Potential work is to be performed on an as-needed basis, or as otherwise directed, at these sites and any future properties or interests of the District.

6. CONTRACT:

The successful Proposer(s), selected by the District, will receive a Master Consultant Services Contract.

Individual Project Work Authorizations (PWAs) will be issued by the District as needed. A sample of each is enclosed herein (See Attachments).

a. Proposers are advised to thoroughly review and familiarize themselves with the standard contract.

Certain contract terms reflect state statute and may not be altered.

b. The Consultant will be expected to promptly sign a contract including all standard terms and conditions contained in the sample contract. The District will execute the Contract only after it has obtained all applicable required documents and approvals.

c. Personnel substitution – if the consultant must substitute personnel included in their original proposal, they must obtain written District approval of substituted personnel, prior to substitution.

7. AMENDMENTS:

The District may amend a Contract without additional competition pursuant to OAR 137-047-0800.

Asbestos and Mold Inspection, Management Planning Services, and Radon, Lead in Water and Lead Paint Testing

8. CONTRACT PERIOD/EXTENSION:

a. Selected Proposers will be issued a Contract effective upon full execution, through June 30, 2026.

b. Should the District elect to extend the Contract for up to four (4) additional one (1) year terms, the

District will send correspondence to the Consultant on or about two (2) months prior to the contract end date for each consecutive contract period. Alternatively and at its discretion, the District may amend the contract for a multi-year term or terms. In any event the District will not extend the contract beyond June 30, 2030.

c. The Consultant's Pricing and Rates must remain firm through June 30, 2026 and through June 30 of each contract period, if extended. Only during the contract extension offer period may the Consultant submit a request for Pricing and Rate adjustment. If the Consultant chooses to modify or amend pricing, the updated pricing must be submitted to the District no later than the start of the next fiscal year, commencing on July 1st. Prices may not be updated without a written and signed contract

d. Any annual price increases hereunder shall not exceed the prior year’s percentage increase in the applicable sub-category of the Consumer Price Index – Western Region. The District may, at its sole discretion, consider price increases in excess of the foregoing limit if the provider can demonstrate that such increases are due to actual cost increases/industry-specific market conditions.

9. CONTRACT ADMINISTRATOR:

The Contract Administrator for this Master Contract will be the Purchasing Manager, or designee.

10. DISTRICT REPRESENTATIVE:

The District Representative is the Project Coordinator Supervisor for Maintenance or designee. A District Representative will be designated for each individual PWA.

11. SOLICITATION SCHEDULE:

The milestones for the selection process are set forth below. The dates are specific and will be followed to the extent reasonably possible. The purpose of this schedule is for Proposer information only. The District reserves the right to deviate from this schedule.

Solicitation Milestone Completion Date Issue RFP November 12, 2024 Deadline for Questions December 2, 2024 by 2:00 PM Issue Addenda (No later than) December 9, 2024 Proposals Due December 19, 2024 by 2:00 PM Contract Award On or about January 28, 2025 Begin Services On or about June 1, 2025

12. CONTACT DURING SOLICITATION:

Questions must be submitted in writing via email to contracts@beaverton.k12.or.us as indicated on the Summary page of this Solicitation. No other contact regarding this solicitation during the solicitation process is permitted. Unauthorized contact regarding this solicitation may subject the offender’s Bid to rejection.

13. INTERGOVERNMENTAL PERMISSIVE COOPERATIVE AGREEMENT:

At the discretion of the Consultant and pursuant to ORS 279A and Beaverton School District procurement rules, other public agencies shall have the ability to purchase the awarded goods and services from the awarded Consultants(s), under terms and conditions of the resultant contract, or the terms and conditions of the additional Agency, whichever is most beneficial to said Agency.

Asbestos and Mold Inspection, Management Planning Services, and Radon, Lead in Water and Lead Paint Testing

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

SECTION II – STATEMENT OF WORK

Asbestos and Mold Inspection, Management Planning Services, and Radon, Lead in Water, and Lead Paint Testing

1. PURPOSE AND INTRODUCTION:

The purpose of this Solicitation is to establish services of qualified Environmental Management and Consulting firms to provide Asbestos Inspection and Management Planning Services under the provisions of 40CFR 763 Subpart E (Asbestos-Containing Materials in Schools) and the State of Oregon’s Department of Environmental Quality (DEQ); Mold Inspection and Management Planning Services under the provisions of the US EPA Indoor Air Quality program for Mold in Schools and Commercial Buildings; and Radon Testing;

under the guidelines set by the US EPA for radon testing in schools, Oregon Health Authority Testing for Elevated Radon in Oregon Schools for Radon testing in schools; and Lead in Water Testing, with EPA sampling methodology described in Section 4 of the EPA document 3T’s for Reducing lead in Drinking Water in Schools and Childcare Facilities (October 2018), and guidelines established by the Oregon Health Authority (OHA) and the Oregon Department of Education (ODE). Lead Paint Testing under the provisions of the US EPA Lead Renovation, Repair, and Paint Program in Schools. Consultant shall employ only persons duly licensed/accredited by the State of Oregon to perform the Work required under this Contract for which applicable Oregon law requires a license/accreditation.

2. STATEMENT OF WORK:

A. Field Inspections, Testing, Assessment, and Planning

i. Purpose: The purpose of Field Inspections, Testing, Assessment, and Planning shall be to respond to District requests for site-specific investigation and mitigation of possible Asbestos-Containing Building Materials (ACBM), Mold, Radon, Lead in Water or Lead Paint. To this end, at the request of the District, the Consultant shall:

a. Visit identified sites to visually inspect for the existence of ACBM, presumed ACBM, Mold, Radon, Lead in Water and/or Lead Paint.

b. Assess and categorize any identified ACBM, Mold, Radon, Lead in Water and/or Lead Paint in a written inspection report.

c. Provide Management Planner recommendations on appropriate response actions to contain or abate, as necessary, any identified ACBM, Mold, Radon, Lead in Water and/or Lead Paint.

d. Provide field monitoring during the scheduled response action.

e. Provide microbial air sampling during any scheduled mold response action.

ii. Tasks: Specific tasks within this schedule shall include the following:

a. Upon receipt of a request from the District, Consultant shall visit the identified site and conduct a field inspection to inspect and assess the site for the existence of ACBM, presumed ACBM, Mold, Radon, Lead in Water and/or Lead Paint. The District’s Representative shall direct such requests to the Consultant.

b. Consultant shall use asbestos, mold, radon, lead in water and lead paint building inspectors and management planners with current and valid accreditation certificates to conduct these field inspections, to perform the appropriate assessments, and to make recommendations on appropriate response actions.

c. Upon completion of such inspection and response recommendation, Consultant shall verbally communicate their findings and recommendation to the District’s Representative. Within two

(2) business days. Within five (5) business days, following verbal communication, a written report shall be submitted. This report shall contain, at a minimum, a summary of the requested inspection including, but not limited to, the date and location, the results of assessment, the printed name and signature of the inspector, and a summary of the recommended response actions resulting from the assessment.

Asbestos and Mold Inspection, Management Planning Services, and Radon, Lead in Water, and Lead Paint Testing

B. Capital Improvement Projects - Field Assessments

i. Purpose: The purpose of Capital Improvement Projects - Field Assessment shall be to respond to

District requests for site-specific investigation and mitigation of possible Asbestos-Containing Building Materials (ACBM), Mold, Radon, Lead in Water and/or Lead Paint. To this end, at the request of the District, the Consultant shall:

a. Review draft demolition plans provided by the project’s architect against the District’s inventory and develop an assessment of potential abatement need; and

b. Visit identified sites to visually inspect for the existence of ACBM, presumed ACBM, Mold, Radon, Lead in Water and/or Lead Paint; and

c. Attend the District’s pre-construction meeting in order to coordinate with the selected Consultant on the proposed demolition plan for the project; and

d. Assess and categorize any impacted identified ACBM, Mold, Radon, Lead in Water and/or Lead Paint in a written inspection report; and

e. Provide Management Planner recommendations on appropriate response actions to contain or abate, as necessary, any identified ACBM, Mold, Radon, Lead in Water and/or Lead Paint; and

f. Assist the District in the selection of a qualified abatement contractor and coordinate their work in the field with the General Contractor assigned to the project.

ii. Tasks: Specific tasks within this schedule shall include the following:

a. Upon receipt of a request from the District, Consultant shall visit the identified site and conduct a field inspection to inspect and assess the site for the existence of ACBM, presumed ACBM, Mold, Radon, Lead in Water and/or Lead Paint. The District’s Representative shall direct such requests to the Consultant.

b. Provider shall use asbestos building inspectors and management planners with current and valid accreditation certificates to conduct these field inspections, to perform the appropriate assessments and to make recommendations on appropriate response actions.

c. Upon completion of such inspection and response recommendation, Consultant shall verbally communicate their findings and recommendation to the District Representative. Within two

(2) business days. Within five (5) business days, following verbal communication, a written report shall be submitted.

d. Upon determination of an appropriate response action to the identified condition, the Consultant shall coordinate the solicitation of quotes from qualified contractors to perform the work and assist the District in the selection of a qualified contractor.

e. Once a contractor has been selected, the Consultant shall serve as the field monitor to observe the abatement and/or remediation work and conduct air monitoring and sampling, as required.

f. Upon completion of the abatement/remediation work, Consultant shall provide District with a complete project record of the abatement work.

g. Provider shall use radon building inspectors and management planners with current and valid accreditation certificates to conduct these field inspections following the guidelines set by the US Environmental Protection Agency for radon testing in schools, Oregon Health Authority Testing for Elevated Radon in Oregon School, and outlined in Housing and Urban Development Office of multifamily Housing’s radon policy for radon testing when performing the appropriate assessments and to make recommendations and appropriate response actions.

h. Upon completion of the radon testing, Consultant shall serve as the field monitor to observe the radon testing work and conduct monitoring and sampling, as required.

Asbestos and Mold Inspection, Management Planning Services, and Radon, Lead in Water, and Lead Paint Testing

i. Upon completion of the radon testing work, Consultant shall provide District with a complete project record of the laboratory data that has been reviewed by certified industrial hygienist

(CIH).

j. Provider shall use qualified consultant to perform complete drinking water sampling and analysis for lead from specified water sources in accordance with EPA sampling methodology described in Section 4 of the EPA document 3T’s for Reducing lead in Drinking Water in schools and Childcare Facilities (October 2018), and guidelines established by the Oregon health Authority (OHA) and the Oregon Department of Education (ODE).

k. Upon completion of the Lead in Water testing work, the final report should reference OHA guidance and screen results to the action level of 15ppb per OAR 333-061-0400.

C. Use of Verdant for asbestos record keeping

i. Purpose: The District utilizes Verdant, a web tool developed to aid in the ongoing management of environmental operations data, largely for asbestos-containing building materials as well as reports, samples and tables for the lead in water or Radon testing at District buildings. Consultants shall upload asbestos testing, abatement information, and reports, samples and tables of Radon information in the respective building file(s) in Verdant.

ii. Tasks: Specific tasks within this schedule shall include the following:

a. Upon receiving a request for asbestos testing or asbestos abatement, lead in water, or radon testing, Consultant shall add a new activity in the appropriate school/building location(s) listed in Verdant. This task shall be completed within three (3) business days after receiving the initial request for testing and/or abatement.

b. Once asbestos, lead in water, or radon testing results are received, update the related activity with the materials tested and their results and upload the full report under Files. This task shall be completed within five (5) business days of receiving testing results.

c. For asbestos abatement activities, update the related activity with descriptions and quantities of ACBM removed. This task shall be completed within seven (7) business days of finished abatement work and air clearance.

3. DESIRED QUALIFICATIONS:

A. It is desired that the Consultant and the lead person designated at the site commissioning authority satisfy as many of the following requirements as possible:

i. The Consultant will demonstrate depth of experienced personnel and capability to sustain loss of assigned personnel without compromising quality and timeliness of performance.

ii. Have previously acted as the asbestos inspection consultant for a school district.

iii. Direct experience in monitoring and analyzing bulk material and air samples.

iv. Have access to laboratory facilities that will provide timely response for testing of both bulk samples and air samples for emergency response actions.

v. Demonstrated knowledge of applicable AHERA and DEQ requirements

vi. Demonstrated knowledge of AHERA inspection protocols.

vii. Demonstrated knowledge of US EPA Indoor Air Quality program for Mold Remediation in

Schools and Commercial Buildings and experience with mold remediation in school buildings.

viii. Demonstrated knowledge of US EPA for Radon testing in schools, Oregon Health Authority

Testing for Elevated Radon in Oregon School, policies for radon testing in school buildings.

ix. Demonstrated knowledge of EPA drinking water first draw from specified water sources, sampling methodology described in Section 4 of the EPA document 3T’s for Reducing lead in

Asbestos and Mold Inspection, Management Planning Services, and Radon, Lead in Water, and Lead Paint Testing

Drinking Water in schools and Childcare Facilities (October 2018), and guidelines established by the Oregon Health Authority (OHA) and the Oregon Department of Education (ODE).

x. Demonstrated knowledge of US EPA Lead Renovation, Repair, and Painting Rule and follow lead-safe work practices during remediation.

xi. Excellent verbal and written communication skills. Highly organized and able to work with both management and facility staff.

xii. The required expertise for this project must be part of the skill and experience set of the prime firm making the proposal. Assigned staff shall have all the appropriate State and Federal certifications and accreditation.

4. No Guarantee of Work

The District provides no guarantee of work. Award of a contract does not prevent the District from obtaining the services of another Contractor for any other project if the District determines it is in the District’s best interest.

5. Project Procedures

During the contract period there will be need for asbestos and mold Inspection, management planning services and radon, lead in water and lead paint testing throughout the District. Work projects will occur on an as needed basis. When requesting services of this contract the District Representative, or Designee, will follow these following procedures.

A. Proposal: Contractor shall be required to prepare and submit a written proposal for each project (see attachments for the Project Pricing Schedule and sample Request for Quote forms)

i. The District Representative will provide a project scope to the Contractor containing the service requested, building location, floor plan and total scope of work.

ii. The Contractor shall apply the Pricing proposed herein to complete the proposal submittal.

iii. Specific project quotes must remain firm for thirty (30) days from acceptance by the district.

B. Notice to proceed: The District will provide the selected Contractor a notice to proceed in the following form:

i. The Contractor will be provided with a notice to proceed and issued a Project Work Authorization (PWA) or a Purchase Order Number.

ii. The Notice to Proceed will be sent by e-mail.

C. Scheduling of work: Contractor shall cooperate with the District Representative in performing work so that interference with normal District programs will be held to a minimum.

i. Typically work will be scheduled on non-student days, Monday-Friday 7:00 AM to 3:30 PM. Any work done outside those times will need to be prearranged in advanced with the District Representative.

Asbestos and Mold Inspection, Management Planning Services, and Radon, Lead in Water, and Lead Paint Testing

ii. Normal work schedules during student-in-school days are typically Monday – Friday, 3:30PM - 11:00PM. All work scheduled during student-in-school hours will need to be prearranged in advance.

SECTION III- INSTRUCTIONS TO PROPOSERS

Asbestos Inspection, Management Planning Services, and Radon, Lead in Water, and Lead Paint Testing

1. INTRODUCTION

This section prescribes the mandatory submission format for the presentation of a Proposal in response to this Solicitation. The purpose of the submission format is to ensure uniformity of the information from each Consultant and to aid in clear understanding and evaluation of each proposal.

2. PROPOSAL SUBMISSION FORMAT

Should be in font size 10. Elaborate artwork, visuals or other promotional presentations which hinder the desired brevity and tend to be extraneous and confusing, are not desired.

3. PROPOSAL CONTENT REQUIREMENTS

Consultants must provide a reply to each of the following items. The Proposer Certification form (see attachments) shall be completed and submitted as the cover. Provide a brief but concise response to each of the following criteria areas. Do not assume the District has any prior knowledge of the Consultant.

Proposal response must be in the same order as presented below:

a. EXPERIENCE, CAPABILITIES & QUALIFICATIONS

i. Give a brief narrative of Consultant’s background and experience. Describe previous experience related to furnishing Asbestos and Mold Inspection and Management Planning Services, Lead in Water, Radon, and Lead Paint Testing.

ii. Detail how the Consultant meets or exceeds the work requirements and the Desired Qualifications as requested in Section II - Statement of Work.

iii. Detail how the Consultant meets the Desired Qualifications listed in Section II.

iv. Describe the Consultant’s responsibilities and the scope of work for at least two projects similar to the complexity and magnitude of the scope of work described within this Solicitation.

v. Disclose whether, within the last five (5) years, the Consultant or an officer or principal has been involved in any business litigation or other legal proceedings. If so, please provide an explanation and indicate the current status or disposition.

b. SPECIFIC SCHOOL DISTRICT EXPERIENCE

i. Detail and describe Consultant’s previous experience related to furnishing Asbestos and

Mold Inspection and Management Planning Service, Radon Testing, Lead in Water Testing and Lead Paint Testing.

ii. Describe the Consultant’s responsibilities and the scope of work for at least two (2) School District projects, other than the Beaverton School District, similar to the complexity and magnitude of the scope of work described within this Solicitation.

c. KEY INDIVIDUAL and PERSONNEL EXPERIENCE and QUALIFICATIONS

i. List the lead person designated as the site commissioning authority who will serve as lead personnel for work to be performed under this contract. Describe their relevant qualifications and experience.

ii. Detail how the lead person designated meets the Desired Qualifications listed in Section II.

iii. Key Personnel. List the relevant experience of other key personnel (project management, supporting staff, and any sub-consultants that may be proposed for use by the Consultant, including detailed resumes (qualifications and experience, including degrees, certifications, and licenses)). Describe their relevant role(s).

SECTION III- INSTRUCTIONS TO PROPOSERS

Asbestos Inspection, Management Planning Services, and Radon, Lead in Water, and Lead Paint Testing

d. PROJECT/PROFESSIONAL REFERENCES References from school districts comparable to that of Beaverton School District size and scope of this solicitation shall be preferred.

i. Consultant:

Provide project and professional references and experience for at least three (3) similar inspection projects within the last three (3) years for which the Consultant was the principal consultant. Include a description of the services provided, including the number of buildings inspected.

ii. Key Individual(s):

Provide project and professional references and experience for at least three (3) similar inspection projects within the last three (3) years for which the key individual(s) who will serve as lead personnel for work under this contract were the principal consultants.

Include a description of the services provided, including the number of buildings inspected.

iii. Beaverton School District shall not be included as a reference.

iv. The District reserves the right to investigate and consider references submitted by the

Consultant, including customers other than those listed in the Consultant’s submission, and Beaverton School District experience.

e COST/FEE DETAIL The fees for performing tasks identified shall be based on an actual time and material basis based on the hourly rates provided as part of the proposal. The District shall pay Consultant for services performed upon receipt of a proper invoice and the completed report as outlined above.

f QUALITY OF PROPOSAL Proposals shall be scored for this factor based on the Proposers responsiveness to the solicitation requirements, terms, and conditions. In addition, the readability, neatness, clarity, and organization (logical, reasonable and professional) will be considered.

SECTION IV – EVALUATION AND REPONSE

Asbestos Inspection, Management Planning Services, Radon, Lead in Water and Lead Paint Testing

1. EVALUATION OF PROPOSAL. The District will form an evaluation committee, of at least three (3) individuals to review, score and rank Proposals according to the evaluation criteria set forth in this Solicitation. Evaluation shall be in accordance with the subjective evaluation criteria defined below. The evaluation committee shall provide the Purchasing Manager the results of the scoring and ranking for each proposer.

2. EVALUATION CRITERIA. The District shall score each proposal by reviewing and evaluating the line items required to be submitted. The following table indicates how the total points in the scoring shall be assigned. Failure to meet minimum requirements for any individual item may disqualify the proposal regardless of the total points scored for the other items.

Pricing will be compared among all responsive Proposals submitted. The lowest overall priced proposal will receive the full points available. All other proposal pricing scores shall be weighted to the lowest price proposal (lowest price scores the highest, all other higher priced proposals are weighted against the lowest priced proposal).

Section III References

EVALUATION FACTORS MATRIX Maximum Points

3a Experience, Capabilities and Qualifications 25 253b Specific School District Experience 20

3c Key Individual Professional Experience & Qualifications 30

3d Project/Professional References Pass/Fail 3e Cost/Fee Detail 15 3f Quality of Proposal 10

Total Possible Points 100

3. INTERVIEWS.

A. The evaluation committee may elect to interview Proposers if the evaluation committee considers it necessary or desirable. The top scoring firm, or up to four (4) firms, if the scoring is very close, may be invited to interview. The interview process will be used to supplement and clarify the information contained in the proposal.

B. Interviews, if conducted, will bear on the firms’ rankings in the selection process.

C. Percentage/points assigned during the initial evaluation process may be adjusted by the evaluation committee members, at their discretion, based upon findings from the interviews.

D. Based upon the proposal scoring, modified by the interviews if held, and the results of reference checks, the firms will be given final ranking by the evaluation committee. The final ranking will be provided to District Administration for a final decision to award a contract.

E. Details about interviews will be issued to those firms invited. Such interviews/presentations will be at the firm's expense.

4. SELECTION AND NEGOTIATION. The evaluation committee shall provide to the Purchasing Manager the results of the scoring and ranking for each Consultant.

SECTION IV – EVALUATION AND REPONSE

Asbestos Inspection, Management Planning Services, Radon, Lead in Water and Lead Paint Testing

5. TIES AMONG CONSULTANTS.

A. If the District is selecting a Consultant on the basis of price alone, or on the basis of price and qualifications, and determines, after the ranking of Consultants, that two or more Consultants are identical in terms of price or are identical in terms of price and qualifications, then the District may elect to award an additional contract to the tied Proposers regardless of how this impacts the overall number of contracts issued.

4 SECTION V – PUBLIC CONTRACTING RULES

1. SELECTION PROCEDURE.

This Solicitation is a competitive procurement method subject to the conditions described in ORS 279C and conditions enumerated under Section 13 of District Policy DJC-AR.

2. ELIGIBILITY TO PROPOSE.

a. Construction Contracts. The District shall not consider a Person's Proposal to do Work as a Contractor, as defined in ORS 701.005(2), unless the Person has a current, valid certificate of registration issued by the Construction Contractors Board at the time the Offer is made (Proposal submitted).

b. Landscape Contracts. The District shall not consider a Person's Proposal to do Work as a landscape Contractor as defined in ORS 671.520(2), unless the Person has a current, valid landscape Contractor’s license issued pursuant to ORS 671.560 by the State Landscape Contractors Board at the time the Offer is made.

c. Non complying Entities. The District shall deem a Proposal received from a Person that fails to comply with this rule nonresponsive and shall reject the Proposal as stated in ORS 279C.365(1)(k), unless contrary to federal law or subject to different timing requirements set by federal funding agencies.

d. Asbestos Abatement Work. The Contractor or a subcontractor under the Contract must be licensed under ORS 468A.720 for work regarding asbestos abatement projects.

3. PRE-PROPOSAL CONFERENCE.

a. Purpose. The District may hold pre-Proposal conferences with prospective Proposers prior to Closing, to explain the procurement requirements, obtain information, and/or to conduct site inspections.

b. Required Attendance. The District requires attendance at the pre-Proposal conference as a condition for submission of a Proposal for this project. A mandatory attendance requirement is considered to have been met if, at any time during the mandatory meeting, a representative of an offering firm is present.

c. Notice. The Summary page of this solicitation indicates the pre-Proposal conference scheduled date and time, and that the pre- Proposal conference is mandatory.

d. Statements Not Binding. Statements made by the District's representatives at the pre-Proposal conference do not change the Solicitation unless the District confirms such statements by written Addenda.

4. ADDENDA.

a. Issuance; Receipt. The District may change this Solicitation only by written Addenda. A Proposer shall provide written acknowledgement of receipt of all issued Addenda with their Proposal on the Proposer Certification.

b. Notice and Distribution. The District will publish notice of any and all Addenda on the Oregon Buys website. Addenda may be downloaded from the Oregon Buys website. It is the Proposers’ responsibility to inquire about Addenda. Proposers should frequently check the Oregon Buys website until Closing about any Addenda issued, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

c. Timelines; Extensions. The District shall issue Addenda within a reasonable time to allow prospective Proposers to consider the Addenda in preparing their Proposal. The District may extend the Closing if the District determines prospective Proposers need additional time to review and respond to Addenda. Except to the extent required by public interest, the District shall not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

d. Request for Change or Protest. Unless a different deadline is set forth in the Addendum, a Proposer may submit a written request for change or protest to the Addendum, as provided in OAR 137- 049- 0260, by the close of the District's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-049-0260, whichever date is later. The District shall consider only a Proposer's request for change or protest to the Addendum; the District shall not consider a request for change or protest to matters not added or modified by the Addendum, unless the Proposer submits the request for change or protest before the deadline for the District’s receipt of request for change or protests as set forth in OAR 137-049- 0260(2) and (3).

5. REQUEST FOR CLARIFICATION OR CHANGE; SOLICITATION PROTESTS.

a. Clarification. Prior to the deadline for submitting a written request for change or protest (“Deadline”), a Proposer may request that the District clarify any provision of the Solicitation. The District's clarification to a Proposer, whether orally or in writing, does not change the Solicitation and is not binding on the District unless the District amends the Solicitation by Addendum.

b. Request for Change.

i. Delivery. A Proposer may request in writing a change to the Specifications or Contract terms and conditions. A Proposer must deliver to the District only by email, any written requests for change prior to the Deadline and only to the email address listed on the Summary page of this Solicitation. (Proposer is responsible for ensuring receipt by the District.)

ii. Content of Request for Written Change:

A. A Proposer’s written request for change shall include a statement of the requested change(s) to the contract terms and conditions, including any Specifications, together with the reason for the requested change.

B. A Proposer shall mark its emailed request for change as follows:

I. “Contract Provision Request for Change”; and

II. The Solicitation number 23-0024.

c. Protest.

i. Delivery. A Proposer may protest Specifications or Contract terms and conditions. A Proposer must deliver to the District any such Protests in writing, prior to the Deadline, and only to the email address listed on the Summary page of this Solicitation. (Proposer is responsible for ensuring receipt by the District.)

ii. Content of Protest.

A. A Proposer’s written protest shall include:

I. A detailed statement of the legal and factual grounds for the protest;

II. A description of the resulting prejudice to the Proposer; and

III. A statement of the desired changes to the contract terms and conditions, including any Specifications.

B. A Proposer shall mark its emailed protest as follows:

I. “Contract Provision Protest”; and

II. The Solicitation number 23-0024.

iii. District Response. The District is not required to consider a Proposer’s request for change or protest after the deadline established for submitting such request or protest. The District shall provide notice to the applicable Person if it entirely rejects a protest. If the District agrees with the Person's request or protest, in whole or in part, the District shall either issue an Addendum reflecting its determination under OAR 137-49-0260 or cancel the Solicitation under OAR 137-49- 0270.

d. Extension of Closing. If the District receives a written request for change or protest from a Proposer in accordance with this Rule, the District may extend Closing if the District determines an extension is necessary to consider the request or protest and issue an Addendum, if any, to the Solicitation.

6. CANCELLATION OF SOLICITATION.

Cancellation in the Public Interest. The District may cancel a Solicitation for good cause if the District finds that cancellation is in the public interest. The District's reasons for cancellation shall be made part of the Solicitation file.

7. PROPOSAL SUBMISSIONS.

a. Offer and Acceptance. The submitted Proposal is the Proposer's Offer to enter into a Contract.

i. The Offer is always a "Firm Offer," i.e., the Proposal shall be held open by the Proposer for the

District's acceptance for sixty (60) days. The District may elect to accept the Proposal at any time during the specified period, and the District's Award of the Contract to a Proposer constitutes acceptance of the Offer and binds the Proposer to the Contract.

ii. Notwithstanding the fact that a competitive Proposal is a “Firm Offer” for the period specified above, the District may elect to discuss or negotiate certain contractual provisions with the Proposer. Where negotiation is requested by the District, Proposers are obligated to negotiate in good faith and only on those terms that the rules or the Solicitation Document has reserved for negotiation.

b. Responsive Proposal. The District may award a Contract only to a Responsible Proposer with a Responsive Proposal.

c. Contingent Proposals. A Proposer shall not make a Proposal contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

d. Proposer’s Acknowledgement. By signing and submitting a Proposal, the Proposer acknowledges they have read and understand the terms and conditions contained in the Solicitation and that they accept and agree to be bound by the terms and conditions of the Solicitation.

e. Instructions. A Proposer shall submit and sign their Proposal in accordance with Section V.

f. Forms. Proposers shall submit the form(s) required under Section V.

g. Documents. Proposers shall provide the District with all documents and descriptive literature requested.

h. Facsimile Submissions. The District will not accept facsimile Proposals.

i. Identification of Proposals.

i. To ensure proper identification and handling, Proposals shall be submitted by email with attachments in PDF format.

ii. The District is not responsible for Proposals submitted in any manner, format or to any delivery point other than as required in the Solicitation.

j. Receipt of Proposals.

i. Proposers are responsible for ensuring that the District receives their Proposal at the required delivery point prior to the closing due date and time, regardless of the method used to submit the Proposal. Proposals shall only be submitted by email to contracts@beaverton.k12.or.us as indicated on the Summary Page of this Solicitation. Proposers are solely responsible for ensuring that the District has received and is able to open/properly read email attachments prior to Closi ng.

k. Failure to submit Proposals in accordance with the provisions of this Section shall be grounds to declare the Proposal as nonresponsive.

l. Certification. Proposers shall (on the Proposer Certification enclosed):

i. Identify whether the Proposer is or is not a "resident Proposer," as defined in ORS 279A.120(1);

ii. Indicate that the Proposer will comply with Prevailing Wage Laws ORS 279C.800 through

ORS 279C.870 or 40 U.S.C. 3141 et seq;

iii. Provide certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

iv. Provide written acknowledgment of receipt of all Addenda.

8. PRE-CLOSING MODIFICATION OR WITHDRAWAL.

a. Modifications. A Proposer may modify their Proposal in writing prior to the Closing. A Proposer shall prepare and submit any modification to its Proposal to the District in accordance with OAR 137-49- 0280. Any modification must include the Proposer’s statement that the modification amends and supersedes the prior Proposal. The Proposer shall email its modification to contracts@beaverton.k12.or.us and include the following in the email subject line, body text, etc.:

i. “Proposal Modification”; and

ii. The Solicitation Number

b. Withdrawals.

i. A Proposer may withdraw its Proposal by written notice submitted on the Proposer’s letterhead, signed by an authorized representative of the Proposer, emailed to contracts@beaverton.k12.or.us and received by the District prior to the Closing;

ii. The District may release an unopened withdrawn Proposal to the Proposer or its authorized representative by email;

iii. The Proposer shall include the following in the email subject line, body text, etc.:

A. Proposal Withdrawal; and B. Solicitation Number.

c. Documentation. The District shall include all documents relating to the modification or withdrawal of Proposals in the Solicitation file.

9. RECEIPT, OPENING, AND RECORDING OF PROPOSALS; CONFIDENTIALITY OF PROPOSALS.

a. Receipt. The Proposer is responsible for ensuring that the District receives its Proposal at the required delivery point prior to the Closing, regardless of the method used to submit or transmit the Proposal.

The District’s email system shall electronically time-stamp each Proposal and any modification upon receipt.

b. Opening and Recording. Timely received Proposals will be opened, recorded and prepared for evaluation pursuant to SECTION V. The District will not read Proposals aloud.

10. LATE PROPOSALS, WITHDRAWALS AND MODIFICATIONS. Pursuant to OAR 137-049-0340:

Any Proposal received after the Closing date and time is late. A Proposer’s request for withdrawal or modification of a Proposal received after Closing is late. The District shall not consider late Proposals, withdrawals or modifications except as permitted in OAR 137-049-0350 or OAR 137-049-0390.

11. MISTAKES:

a. Generally. To protect the integrity of the competitive Procurement process and to assure fair treatment of Applicants, the District will carefully consider whether to permit waiver, correction or withdrawal of Proposals for certain mistakes.

b. District Treatment of Mistakes. The District shall not allow an Applicant to correct or withdraw a Proposals for an error in judgment. If the District discovers certain mistakes in a Proposal after Opening, but before Award of the Contract, the District may take the following action:

i. The District may waive, or permit a Proposer to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Proposal, or an insignificant mistake that can be waived or corrected without prejudice to other Proposers.

Examples of minor informalities include a Proposer's failure to:

A. Return the correct number of signed Proposals or the correct number of other documents required by the Solicitation Document;

B. Sign the Proposal in the designated block, provided a Signature appears elsewhere in the

Proposal, evidencing an intent to be bound; and C. Acknowledge receipt of an Addendum to the Solicitation Document, provided that it is clear on the face of the Proposal that the Proposer received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

ii. The District may correct a clerical error if the error is evident on the face of the Proposal or other documents submitted with the Proposal, and the Proposer confirms the District's correction in writing. A clerical error is a Proposer's error in transcribing a portion of its Proposal. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Proposal). In the event of a discrepancy, unit prices shall prevail over extended prices.

iii. The District may permit a Proposer to withdraw a Proposal based on one or more clerical errors in the Proposal only if the Proposer shows with objective proof and by clear and convincing evidence:

A. The nature of the error;

B. That the error is not a minor informality or an error in judgment;

C. That the error cannot be corrected or waived under Item 11.b.ii above;

D. That the Proposer acted in good faith in submitting a Proposal that contained the claimed error and in claiming that the alleged error in the Proposal exists;

E. That the Proposer acted without gross negligence in submitting a Proposal that contained a claimed error;

F. That the Proposer will suffer substantial detriment if the District does not grant the Proposer permission to withdraw the Proposal;

G. That the District's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the District or the public it represents; and H. That the Proposer promptly gave notice of the claimed error to the District.

iv. The criteria in Item 11.b.iii above shall determine whether the District will permit a Proposer to withdraw its Proposal after Closing. These criteria also shall apply to the question of whether the District will permit a Proposer to withdraw its Proposal without forfeiture of its Proposal Security (or other Bid or Proposal bond/security) if any, or without liability to the District based on the difference between the amount of the Proposer's Proposal and the amount of the Contract actually awarded by the District, whether by Award to the next best Responsive and Responsible Proposer, or by resort to a new solicitation.

c. Rejection for Mistakes. The District shall reject any Proposal in which a mistake is evident on the face of the Proposal and the intended correct Proposal is not evident or cannot be substantiated from documents submitted with the Proposal.

d. Identification of Mistakes After Award. The procedures and criteria set forth above are the Proposer's only opportunity to correct mistakes or withdraw Proposals because of a mistake. Following Award, a Proposer is bound by its Proposal, and may withdraw its Proposal or rescind a Contract entered into pursuant to OAR 137 Division 49 only to the extent permitted by applicable law.

12. PROPOSAL EVALUATION CRITERIA. Pursuant to OAR 137-049-0380:

a. General. A Public Improvement Contract, if Awarded, must be Awarded to the Responsible Proposer submitting the best Responsive Proposal.

b. Proposal Evaluation Criteria. The evaluation criteria is set forth in Section V – RESPONSE AND

EVALUATION.

13. PROPOSAL EVALUATION AND AWARD; DETERMINATION OF RESPONSIBILITY.

Pursuant to OAR 137-049-0390:

a. General. If Awarded, the District shall Award the Contract to the Responsible Proposer submitting the best, Responsive Proposal provided that such Person is not listed by the Construction Contractors Board as disqualified to hold a Public Improvement Contract. See ORS 279C.375 (3)(a). The District may award by item, groups of items or the entire Proposal provided such Award is consistent with the Solicitation and in the public interest.

b. Determination of Responsibility. Proposers are required to demonstrate their ability to perform satisfactorily under a Contract.