24-0024 ITB Processing Apples

INVITATION TO BID

Solicitation No: 24-0024

For the Provision of

USDA FOODS PROCESSING - APPLES

ITB Closing:

March 3, 2025 at 1:00 PM Pacific Standard Time

Issued by:

Beaverton School District 48J

1260 NW Waterhouse Ave Beaverton, Oregon 97006

February 14, 2025

Business Services Procurement and Contracting

1260 NW Waterhouse Ave Beaverton, OR 97006

24-0024 ITB Processing Apples Page 1

INVITATION TO BID

Solicitation No: ITB 24-0024

Summary

The purpose of this Invitation to Bid (Solicitation) is to obtain competitive Bids from qualified Bidders interested in the provision of Processing of Apples for the Beaverton School District.

PREBID CONFERENCE: No pre-bid conference.

Bidders must submit their Bid pursuant to the provisions of this Solicitation by email to:

contracts@beaverton.k12.or.us.

SOLICITATION CLOSING: March 3, 2025 at 1:00 PM Pacific Standard Time

LATE BIDS WILL NOT BE ACCEPTED

Timely submitted Bids will be opened in public and read aloud immediately after closing at the below conference line:

+1(503)356.4400 Participant code: 30633357

Prospective Bidders must register with Oregon Buys – http://oregonbuys.gov/ to obtain the solicitation documents.

Bidders must familiarize themselves with the entire solicitation.

All questions and comments regarding this solicitation must be direct by e-mail to:

contracts@beaverton.k12.or.us

THE DISTRICT MAY REJECT ANY BID NOT IN COMPLIANCE WITH ALL PRESCRIBED REQUIREMENTS.

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

24-0024 ITB Processing Apples Page 2

Non-Discrimination Statement

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

file://fs-share-01/BSDShare/Nutrition%20Services/CNS/Procurement/Formal%20Solicitations/23-24%20Formal%20Solicitations/Broadline/program.intake@usda.gov.

SECTION I - INTRODUCTION

Solicitation No: ITB 24-0024

USDA FOODS PROCESSING - APPLES

24-0024 ITB Processing Apples Page 3

1. INTRODUCTION

a. This Solicitation is issued pursuant to ORS 279A, ORS 279C and the Oregon Attorney General Model

Rules Divisions 46 and 49.

2. DEFINITIONS

a. The term "District" or “Owner” throughout this document means the Beaverton School District. The term “Bidder” means the person or firm that submits a Bid in response to this Solicitation. The term “Bid” or “Offer” means a written response to provide services in response to this Solicitation. The term “Provider”, “Contractor” or “Supplier” means the Bidder awarded a contract as a result of this Solicitation.

3. SOLICITATION REVIEW

a. Bidders 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 by protest pursuant to Section III, Paragraph 4, QUESTIONS/CLARIFICATIONS/CHANGES/SUBSTITUTION REQUESTS OR SOLICITATION PROTEST, protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award may not be favorably considered.

4. BACKGROUND

a. The Beaverton School District encompasses approximately 57 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.

b. The Beaverton School District has approximately 4,700 employees. The District is responsible for educating approximately 38,000 students in kindergarten through grade 12 at thirty-four (34) Elementary Schools, nine (9) Middle Schools, six (6) High Schools, five (5) Options Schools, and nineteen

(19) Options Programs and two (2) Charter Schools.

5. SCOPE OF WORK

a. The purpose of this solicitation is to establish a Master Price Services Agreement for the provision of commodity processing services of United States Department of Agriculture (USDA) Foods items into end products and the provision of commercial products if needed.

b. The selected Provider(s) shall process USDA Foods into specified usable end products, as requested by the District Contract Manager, shall deliver the end products to the District’s choice of distributor and bill the District based on the Fee for Service value pass through method.

i. Fee for Service value pass through method shall be defined as the fee for the processing without the value of the donated food included in the price and inclusive of all other costs.

c. In the event the District expends all pounds of donated foods diverted to the Provider, the Provider will provide the commercial version of the awarded items to the District's chosen distributor at the agreed upon commercial price.

6. CONTRACT

a. The successful Bidder, selected by the District, will receive a Master Price Services Agreement. A sample is enclosed herein (SECTION IV- ATTACHMENTS Exhibit 2, Sample Master Price Services Agreement).

b. Bidders are advised to thoroughly review and familiarize themselves with the standard contract. Certain contract terms reflect state statute and may not be altered.

c. The Bidder 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.

SECTION I - INTRODUCTION

USDA FOODS PROCESSING - APPLES

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d. Personnel substitution – if the bidder must substitute personnel included in the original bid they must obtain written District approval of substituted personnel, prior to substitution.

e. Individual Project Work Authorizations (PWAs), Purchase Orders, or other District-approved means of ordering services will be issued by the District on an as needed basis.

7. AMENDMENTS

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

8. CONTRACT PERIOD/EXTENSION

a. The selected Bidder 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 an additional four (4), one (1) year terms, the

District will endeavor to send correspondence to the Provider on or about two (2) months prior to the Contract end date regarding the 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 Supplier’s pricing and rates must remain firm for one (1) year and through June 30th of each contract period, when extended.

9. DISTRICT REPRESENTATIVE

a. The District Representative for the project is Charity Ralls, Nutrition Services Administrator, or designee.

10. SOLICITATION SCHEDULE

a. 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 Bidder information only. Required dates for contract period milestones, submittals and any other activities are provided elsewhere in this Solicitation. The District reserves the right to deviate from this schedule.

b.

Solicitation Milestone

Deadline for questions Bid Closing Notice of Intent to Award (NOI) Anticipated Contract Execution

Date February 27, 2025 March 3, 2025 1:00 PM PST March 4, 2025 Not Later than July 1, 2025

11. CONTACT DURING SOLICITATION

a. Method of Inquiry: All inquiries and questions related to this solicitation must be submitted in writing via email to contracts@beaverton.k12.or.us as indicated on the summary page of this solicitation.

b. Point of Contact: Email communications is preferred. Prospective Providers may attempt to contact

District Procurement and Contracting staff when email contact is not required.

c. External Communication: Other than the methods authorized above and herein, it is prohibited to engage in any form of communication with Beaverton School District employees, officials, or their representatives, regarding this ITB. Unauthorized contact regarding this solicitation may subject the offender’s Bid to rejection.

12. ADDITIONAL INFORMATION

a. Additional information regarding this solicitation and certain forms for download are available on the

Oregon Buys website at: http://oregonbuys.gov/ mailto:contracts@beaverton.k12.or.us https://www.beaverton.k12.or.us/departments/purchasing http://oregonbuys.gov/

SECTION II – STATEMENT OF WORK

USDA FOODS PROCESSING - APPLES

24-0024 ITB Processing Apples Page 5

SECTION A: BACKGROUND

1. PURPOSE AND INTRODUCTION

The purpose of this Invitation to Bid (ITB) is to obtain competitive Bids from qualified Bidders interested in a fixed price Contract for the provision of processing services of USDA Foods commodities and in the event, all diverted pounds of donated foods are expended, the provision of the commercial version of the awarded item(s).

The awarded Bidder(s) will provide further processing services of USDA commodities into the finished products specified and ordered by the District and deliver said products to the District's chosen distributor.

In the event diverted commodities are completely expended, the processor will provide the commercial equivalent to the District’s chosen distributor.

a. The following USDA Commodities to be processed under the contract:

i. 110149 Apples for further processing – Bulk

2. VALUE PASS THROUGH SYSTEM (VPT)

The Provider will bill the District utilizing the District’s choice of VPT:

a. Fee for service.

b. The District may, at the District’s discretion, decide to utilize one of the other VPTs available:

i. Refund to Recipient Agency (“Cash Rebate”)

ii. Net Price Through Distributor

SECTION B: DETAILED SCOPE OF WORK

1. DIVERTING

Under the Master Price Agreement(s) the District will divert to the Provider based on the Provider’s state submitted Summary End Product Data Schedule (SEPDS) for finished end products.

2. PROCESSING

Under the Master Price Contract(s), the Provider(s) will convert the USDA Food to a finished product and deliver the product to the District’s distributor. See section DELIVERY REQUIREMENTS below.

3. ORDER MINIMUMS

a. The Provider(s) shall not require an order minimum greater than the one provided in response to this solicitation.

4. GENERAL PRODUCT SPECIFICATIONS

All awarded products supplied by the Provider must meet the following general product specifications:

a. All products sold to the District must be warranted and guaranteed to be merchantable by the Provider and fit for the purpose for which it is intended.

b. Products must appear in the Oregon Department of Education Child Nutrition Programs USDA Foods

Processing Catalog.

c. Products must have a minimum of 90% left on the “sell by”, “freshness date”, or “pull date” at time of delivery.

i. For the purposes of this bid, any of these terms (“sell by”, “freshness date”, or “pull date”) will indicate the expiration date of the product’s shelf life.

d. No reworked product or culls are acceptable.

e. Processed products must not contain monosodium glutamate MSG.

USDA FOODS PROCESSING - APPLES

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f. Must meet Buy American Provision as set forth in federal regulations 7CFR 210.21(d) and 7 CFR 220.16 (d)

5. INDIVIDUAL PRODUCT SPECIFICATIONS

All awarded products supplied by the Provider must meet the individual product specifications as detailed on the Attachment G– Price Schedule - (Section IV-ATTACHMENTS).

6. PACKAGING

All products will be packed and prepared under sanitary conditions and in accordance with good commercial practice.

a. All packaging will be wholesome, safe, and in a sanitary condition.

b. Cartons and carriers used to transport products from the Provider's plant will be clean and sanitary at all times.

i. The Provider will ensure all cases, cartons, and containers are unblemished. Labeling of all containers will comply with Federal Food, Drug and Cosmetic Acts and related legislation including the latest revisions.

ii. Packaging will be in accordance with good commercial practice. Package size to be manufacturer's standard unless otherwise specified.

iii. Packaging will:

1) Protect the taste, aroma, visual, and other palatable properties measured by the senses and other quality characteristics of the product.

2) Protect the product against microbiological and other contamination.

3) Protect the product from dehydration.

4) Not pass on to the product any odor, taste, color or other foreign characteristics throughout the processing (where applicable) and distribution of the product up to the time of receipt into the district's facilities.

5) Packing containers will be constructed of recyclable materials wherever feasible and where shipment within the recyclable container does not diminish the quality or sanitary requirements of the product.

iv. Each packaging container will be labeled legibly to show:

1) Name of product contained

2) Net weight

3) Expiration date clearly marked

7. ORDERING

The Provider will provide a representative with whom the District will place orders.

a. The District will order on a requirements basis.

b. Orders will be submitted to the Provider or the Provider representative via email.

c. As required by the District, the District's designated distributor will supply a purchase order to the

Provider that will be used solely to confirm receipt of the Provider's receipt of the District's order.

i. The Purchase order shall not be interpreted as an additional order; in the event of a duplicate order is created, the District shall not be required to accept it.

8. INVOICING

The Provider will provide a clear, concise invoice.

a. Each invoice will include, at a minimum, purchase order number, delivery date, an itemized list of purchased items, and invoice total amount.

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b. Credit and discount periods will be computed from the date of receipt of the invoice to the date the District’s check is mailed. Payment will be made net thirty (30) days after the acceptance of a proper invoice.

c. Payment will not be made prior to receipt of a valid invoice.

d. The District will pay only for delivered products at Contract prices and will not pay any additional charges unless specifically agreed to in writing by the District prior to such charges being assessed.

9. MONTHLY STATEMENT. Provider will provide the District with a monthly statement. The statement will include a list of all invoices and credits for the month.

10. USAGE REPORTS FOR DIVERTED PRODUCTS. The Provider will use “Processor Link”, “K-12” or another on-line application to provide usage information to the District. This information will be updated following the shipment of each order.

a. The Provider may offer, for the District’s approval, alternative schedules and methods to notify the District of USDA Foods usage.

11. ORDER SHIP REQUIREMENTS

The Provider must have the ability to fill 98% of each original order on the scheduled day of the delivery. The remaining 2% will be delivered within 5 days of the scheduled delivery day unless the District agrees that the product will be reordered or agrees to a later delivery date.

a. Approved substitutions will count towards complete measurement.

b. In the event, an equivalent and approved substitute is not available for a product, these shorted items will be counted as a non-delivery and subject to default provisions.

i. Making recovery arrangements for immediate delivery with the District Representative may negate default provisions.

12. DELIVERY REQUIREMENTS

Provider deliveries will be timely and ordered products will be delivered to the District’s distributor’s warehouse.

a. The Provider will:

i. Ensure orders are delivered within the District Representative’s requested delivery window or a delivery window agreed upon by the District Representative and the Provider or the Provider’s Representative.

ii. Make delivery to the District’s distributor’s warehouse as requested throughout the year by the District Representative.

1) The District’s current distributor is:

Sysco – Portland 26250 SW Parkway Center Drive Wilsonville, Oregon 97070

2) Additional delivery sites may be added at the sole discretion of the District.

iii. Make an appointment with the District’s Distributor a minimum of three (3) days before delivering the product. Deliveries made by the Provider without a scheduled appointment may result in delivery refusal by the District’s distributor. Any cost accrued as the result of such refusal will be borne solely by the Provider and will not result in any additional costs to the District.

iv. Be responsible for ensuring that delivery personnel remain with their equipment and assist in unloading. All merchandise, except that which is less than full pallet loads, will be palletized on four-way flush 48” x 40” pallets. Maximum weight of load per pallet not to exceed 3400 lbs. All pallets will be strapped with a minimum of ½ x .020 metal/plastic straps or shrink-wrapped. If

USDA FOODS PROCESSING - APPLES

24-0024 ITB Processing Apples Page 8 merchandise is delivered non-palletized, it will be the Provider's responsibility to ensure that delivery personnel are provided to unload merchandise and palletize it on the pallets provided by the District’s Distributor. Any equipment and/or labor required to accomplish the unloading will be furnished by the Provider at no additional cost to the District.

v. Allow for the District to have multiple end products delivered on the same truckload.

vi. Provide packing slips with each shipment identifying items, manufacturer’s items number, quantity ordered, quantity shipped, and purchase order number.

vii. Ensure all frozen products are delivered in a frozen state at a temperature of -30 degrees F with a maximum temperature of 0 degrees F. This temperature range will be maintained during transit and delivery. A temperature above 0 degrees F is subject to further examination and may result in the rejection of the product. There will be no signs of freezer burn and no evidence of thawing at the time of delivery. The Provider will also ensure refrigerated products are delivered in a refrigerated state with an internal temperature not exceeding 40 degrees F. There shall be no sign of freezing with refrigerated products.

viii. Ensure all HACCP principles are followed.

ix. Be held responsible for any shortages in packages of delivered products by reshipping shortages within ten (10) days unless other arrangements have been discussed and accepted by the District Representative at no additional cost to the District.

x. Ensure deliveries are organized for easy off loading and receipting.

xi. Products that do not meet specifications may be rejected and unless other arrangements are made with the District Representative, replacement of the rejected products shall occur within five (5) business days of the delivery date at no cost to the District.

xii. Deliver products in a clean truck.

13. DELIVERY DELAYS/NON-DELIVERY

If delivery delays or non-deliveries of orders or products on orders are foreseen, Provider will notify the

District Representative and the District’s distributor a minimum of (3) three days before the expected delivery date.

a. The District reserves the right to refuse a late delivery and will assume no financial obligation if the

District refuses to receive the late delivered items.

b. If the Provider is unable to meet expected delivery dates due to late delivery or non-delivery, the

District reserves the right to purchase substitutes on the open market for the non-delivered items to meet the menu cycle, as established by the District. The Provider shall reimburse the District for any price difference between the original contract price and the price of the substituted item(s).

c. Continued failure to meet delivery dates without a good faith effort on the part of the Provider to resolve the issues causing the continued tardiness may result, at the District's discretion, in the Provider being recommended for default and breach of Contract. This may result in termination under the terms and conditions of the Contract.

14. UNAUTHORIZED SHIPMENT/SUBSTITUTION

The Provider will deliver only those brands and items awarded based on this bid or approved substitutes.

a. The Provider will contact the District Representative for approval to ship any unauthorized items due to a change in product code number, brand, pack change, etc.

SECTION III – INSTRUCTIONS TO BIDDERS

USDA FOODS PROCESSING - APPLES

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1. FORMAL SELECTION PROCEDURE

The District will solicit Bids for Contracts by Invitation to Bid ("ITB"), except as otherwise allowed or required pursuant to ORS 279B.055 and 279A.030.

2. PRE-BID CONFERENCE

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

b. Required Attendance. The District may require attendance at the pre-bid conference as a condition for submission of a Bid. 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-bid conference scheduled date and time, and whether the pre-bid conference is mandatory or non-mandatory.

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

3. ADDENDA

a. Issuance; Receipt. The District may change this solicitation only by written Addenda. A Bidder must provide written acknowledgement of receipt of all issued Addenda with their Bid on the Bidder Certification.

b. Notice and Distribution. The District will publish notice of all Addenda on OregonBuys. Addenda may be downloaded from the OregonBuys website. It is the Bidders’ responsibility to inquire about Addenda.

Bidders should frequently check the OregonBuys 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 will issue Addenda within a reasonable time to allow prospective Bidders to consider the Addenda in preparing their Bid. The District may extend the Closing if the District determines prospective Bidders need additional time to review and respond to Addenda. Except to the extent required by public interest, the District will 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 Bidder may submit a Written request for change or protest to the Addendum, as provided in OAR 137-047-0730, 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 137-047-0730, whichever date is later. The District will consider only a Bidder's request for change or protest to the Addendum; the District will not consider a request for change or protest to matters not added or modified by the Addendum.

4. QUESTIONS/CLARIFICATIONS/CHANGES/SUBSTITUTION REQUESTS OR SOLICITATION PROTEST Bidders may request changes or clarifications to, or protest, specification, or Contract term contained in this solicitation

a. Questions, Clarifications and Changes: No later than the deadline for submitting a written request for clarification(s), change(s), or solicitation protest(s), a Bidder may request that the District clarify any provision of the Solicitation. All questions, clarifications, changes or solicitation protests regarding this Solicitation must reference the solicitation number and must be submitted in writing via email to contracts@beaverton.k12.or.us. The District’s response to a Bidder, whether orally or in writing, does not change the Solicitation and is not binding on the District unless the District amends the Solicitation on a written Addendum. No oral questions will be accepted other than at the pre-bid conference (if any).

Questions received by the District prior to the deadline will be answered in written addenda and posted to OregonBuys.

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i. Content of Request for Written Change:

1) A Bidder’s Written request for change must 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.

2) A Bidder must mark its request for change as follows:

a) Contract Provision Request for Change; and

b) Solicitation number ITB 24-0024 USDA Apples Processing

b. Substitution Requests:

i. No substitution requests will be entertained prior to Contract award. The District will consider requests for temporary substitutions in accordance with the terms of this ITB and any Contract(s) awarded hereunder. All products specified are commonly available in the market place and no brands or manufacturers are specified.

c. Protest:

i. Delivery: A Bidder must deliver a protest in writing by email to contracts@beaverton.k12.or.us no less than seven (7) days prior to closing.

ii. Content of Protest:

1) A Bidder’s Written protest must include:

a) A detailed statement of the legal and factual grounds for the protest;

b) A description of the resulting prejudice to the Bidder; and

c) A statement of the desired changes to the Contract terms and conditions, including any

Specifications.

2) A Bidder must mark its protest as follows:

a) “Contract Provision Protest”; and

b) Solicitation number ITB 24-0024 USDA Apples Processing.

d. District Response. The District is not required to consider a Bidder’s request for change or protest after the deadline established for submitting such request or protest. The District will provide notice to the applicable Bidder if it entirely rejects a protest. If the District agrees with the Bidder’s request or protest, in whole or in part, the District will either issue an Addendum reflecting its determination under OAR 137-047-0430 or cancel the Solicitation under OAR 137-047-0660.

e. Extension of Closing. If the District receives a written request for change or protest from a Bidder 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.

5. CANCELLATION OF SOLICITATION

a. 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 as set forth in ORS 279B.100. The District's reasons for cancellation will be made part of the solicitation file.

6. BID SUBMISSIONS

a. Offer and Acceptance. The submitted bid is the Bidder's offer to enter into a Contract. The offer is always a "Firm Offer," i.e., the Bid must be held open by the Bidder for the District's acceptance for sixty

(60) days. The District may elect to accept the Bid at any time during the specified period, and the District's award of the Contract to a Bidder constitutes acceptance of the offer and binds the Bidder to the Contract.

b. Responsive Bid. The District may award a Contract only to a responsible Bidder with a responsive Bid.

c. Contingent Bids. A Bidder must not make a Bid contingent upon the District's acceptance of any terms or conditions (including specifications) other than those contained in this solicitation.

d. Bidders Acknowledgement. By signing and submitting a Bid, the Bidder 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.

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e. Instructions. A Bidder must submit and sign their Bid. A Bidder must initial any corrections or erasures to their Bid.

f. Forms. Bidders must submit their Bid on the form(s) provided.

g. Documents. Bidders must provide the District with all documents and descriptive literature requested.

i. Additional Required Documents. Bids failing to include additional required documents as detailed on the Bid Submission Checklist may be found non-responsive.

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

i. Product Samples and Descriptive Literature. The District may require product samples or descriptive literature if it is necessary or desirable to evaluate the quality, features or characteristics of the offered items. The District will dispose of product samples or return or make available for return product samples to the Bidder.

j. Identification of Bids.

i. To ensure proper identification, Bids must be submitted in writing via email to contracts@beaverton.k12.or.us with the Bidder’s name and address and the Solicitation number in large block numbers (ITB 24-0024 Processing Apples), or other information clearly identifying Bid.

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

k. Receipt of Bids. Bidders are responsible for ensuring that the District receives their Bid at the required delivery point prior to the closing due date and time. Bids must be emailed to contracts@beaverton.k12.or.us and received prior to the closing due date and time.

l. Failure to submit Bids in accordance with the provisions of this Section will be grounds to declare the Bid as non-responsive.

m. Certification. Bidders must (on the Bidder Certification – ATTACHMENT A enclosed):

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

ii. Provide written acknowledgment of receipt of all Addenda.

7. PRE-CLOSING MODIFICATION OR WITHDRAWAL

a. Modifications. A Bidder may modify their Bid in writing prior to the Closing. A Bidder must prepare and submit any modification to their Bid to the District in accordance with OAR 137-047-0400 and 137-047- 0410. Any modification must include the Bidder’s statement that the modification amends and supersedes the prior Bid. The Bidder must email its modification to contracts@beaverton.k12.or.us and mark the email subject line as follows:

i. “Bid Modification”; and

ii. Solicitation Number 24-0024 Processing – Apples

b. Withdrawals.

i. A Bidder may withdraw its Bid by Written notice submitted by email to contracts@beaverton.k12.or.us on the Bidder’s letterhead, signed by an authorized representative of the Bidder. The notice must be received by the District prior to the Closing.

The Bidder or authorized representative of the Bidder may also withdraw its Bid in Person prior to the Closing, upon presentation of appropriate identification and satisfactory evidence of authority;

ii. The District may release an unopened, withdrawn Bid to the Bidder or its authorized representative, after voiding any date and time stamp mark, if applicable;

iii. The Bidder must mark the Written request to withdraw a Bid as follows:

1) Bid Withdrawal; and

2) Solicitation Number 24-0024 Processing - Apples

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

mailto:contracts@beaverton.k12.or.us mailto:contracts@beaverton.k12.or.us

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8. RECEIPT, OPENING, AND RECORDING OF BIDS; CONFIDENTIALITY OF BIDS

a. Receipt: The Bidder is responsible for ensuring that the District receives its Bid at the required delivery point prior to the Closing, regardless of the method used to submit or transmit the Bid. The District will not open any Bids or modifications upon receipt but will maintain it as confidential and secure until Opening.

b. Opening and Recording: The District will publicly open Bids including any modifications made to the Bid pursuant to OAR 137-047-0440(1). In the case of Invitations to Bid, to the extent practicable, the District will read aloud the name of each Bidder, the Bid price(s), and such other information, as the District considers appropriate. The District will open and publicly read bids over the following conference line:

+1(503)356.4400 Participant code: 30633357

c. Availability: After Opening, the District will make Bids available for public inspection. The District may withhold from disclosure those portions of a Bid that the Bidder designates as trade secrets or as confidential proprietary data in accordance with applicable law. See ORS 192.345. To the extent the District determines such designation is not in accordance with applicable law, the District will make those portions available for public inspection. The Bidder must separate information designated as confidential from other non-confidential information at the time of submitting its Bid. Prices, makes, models, or catalog numbers of items offered, scheduled delivery dates, and terms of payment are not confidential and will be publicly available regardless of a Bidder's designation to the contrary.

9. CONFIDENTIALITY OF BIDS

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 or other applicable law. The District may withhold from disclosure confidential information pursuant to ORS 192.345.

a. REDACTION FOR PUBLIC RECORD: Any portion of a Bid that the Bidder claims as exempt from disclosure must meet the requirements of ORS 192.345 et seq. If redactions are being requested Bidders are required to submit two (2) copies of their Bid; one (1) clean copy, and one (1) redacted copy of their Bid and all attachments. “Redaction” means the careful editing of a document to obscure confidential references but leaves the formatting complete and intact. The redacted copy must be a complete copy of the submitted Bid, in which all information the Bidder deems to be exempt from public disclosure has been identified.

b. When preparing a redaction of your Bid submission, a Bidder must plainly mark the redactions by obscuring the specified areas your firm asserts are exempt from public disclosure. In addition, a summary page identifying the pages where redactions occur shall be included with the Bid submission. If the entire Bid is marked as constituting a “trade secret” or being “confidential”, at the District’s sole discretion, such a Bid maybe rejected as non-responsive.

c. Unless expressly provided otherwise in this ITB or in a separate written communication, the District does not agree to withhold from public disclosure any information submitted in confidence by a Bidder unless the information is otherwise exempt under Oregon law. The District agrees not to disclose Bids until the District has reviewed Bids and a Notice of Intent to Award (NOI) has been posted.

10. LATE BIDS, WITHDRAWALS AND MODIFICATIONS

Any Bid received after the Closing date and time is late. A Bidder’s request for withdrawal or modification of a Bid received after Closing is late. The District will not consider late Bids, withdrawals or modifications except as permitted in OAR 137-047-0470 or 137-047-0261.

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11. MISTAKES

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

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

i. The District may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to:

1) Return the correct number of signed Bids or the correct number of other documents required by the Solicitation;

2) Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and

3) Acknowledge receipt of an Addendum to the Solicitation, provided that it is clear on the face of the Bid that the Bidder 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 Bid or other documents submitted with the Bid, and the Bidder confirms the District's correction in Writing.

A clerical error is a Bidder's error in transcribing its Bid. 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 Bid). In the event of a discrepancy, unit prices will prevail over extended prices.

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

1) The nature of the error;

2) That the error is not a minor informality under this subsection or an error in judgment;

3) That the error cannot be corrected or waived under subsection 12.b.ii above;

4) That the Bidder acted in good faith in submitting a Bid that contained the claimed error and in claiming that the alleged error in the Bid exists;

5) That the Bidder acted without gross negligence in submitting a Bid that contained a claimed error;

6) That the Bidder will suffer substantial detriment if the District does not grant the Bidder permission to withdraw the Offer;

7) 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

8) That the Bidder promptly gave notice of the claimed error to the District.

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

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

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d. Identification of Mistakes after Award: The procedures and criteria set forth above are Bidder's only opportunity to correct mistakes or withdraw Bids because of a mistake. Following Award, a Bidder is bound by its Bid, and may withdraw its Bid or rescind a Contract entered into pursuant to OAR 137 Division 47 only to the extent permitted by applicable law.

12. BID EVALUATION, AWARD AND DETERMINATION OF RESPONSIBILITY

a. The District shall evaluate Offers only as set forth in this solicitation, pursuant to ORS 279B.055(6)(a)

b. Award When Bids are Identical: If the District determines that one or more Bids are identical under OAR

137-046-0300, the Contracting Agency shall Award a Contract in accordance with the procedures set forth in OAR 137-046-0300.

c. Negotiations: The District shall not negotiate with any Bidder. After Award of the Contract the District and Provider may only modify the Contract in accordance with OAR 137-047-0800.

d. Price Schedule Information and Instructions:

i. Detailed instructions and information, specific to the Price Schedule can be found in Section IV, Attachment G – Price Schedule.

e. General: If awarded, the District shall Award the Contract to the Responsible Bidder submitting the lowest Responsive Bid. The District may Award by item, group of items, or the entire Offer provided such Award is consistent with the Solicitation and in the public interest.

i. The District may Award multiple Contracts if beneficial to the District for adequate availability, delivery, service, competition, pricing, product capabilities, or other factors deemed significant by the District. This notice of multiple Awards does not preclude the District from awarding a single Contract.

ii. In the event the District Awards multiple Contracts, the lowest cost Provider will be utilized first.

If the lowest cost Provider is unable to fulfill the requested trip, the District will utilize the next lowest cost Provider, and so on until the requested trip is fulfilled as required.

f. District Evaluation: The District will evaluate a Bid only as set forth in the Solicitation and in accordance with applicable law. The District will not evaluate a Bid using any other requirement or criterion.

g. Bidder Submissions:

i. The District may require a Bidder to submit product samples, descriptive literature, technical data, or other material and may also require any of the following prior to award:

1) Demonstration, inspection or testing of a product prior to award for characteristics such as compatibility, quality or workmanship;

2) Examination of such elements as appearance or finish; or

3) Other examinations to determine whether the product conforms to Specifications.

ii. The District will evaluate product acceptability only in accordance with the criteria disclosed in the Solicitation to determine that a product is acceptable. The District will reject a Bid providing any product that does not meet the Solicitation requirements. The District’s rejection of a Bid because it offers non-conforming Work or materials is not Debarment and is not appealable under OAR 137-047-0575.

h. Evaluation of Bids: The District will use only objective criteria to evaluate Bids as set forth in the Solicitation. The District will evaluate Bids to determine which Responsible Bidder submitted the lowest Responsive Bid.

i. Nonresident Bidders: In determining the lowest Responsive Bid, the District will, in accordance with OAR 137-047-0600, add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides.

ii. Clarifications: In evaluating Bids, the District may seek information from a Bidder only to clarify the Bidder’s Bid. Such clarification must not vary, contradict or supplement the Bid. A Bidder must submit Written and signed clarifications and such clarifications will become part of the Bidder’s Bid.

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iii. Negotiation Prohibited: The District will not negotiate statement of work or other terms or conditions under an Invitation to Bid process prior to award.

i. Determination of Responsibility: Bidders are required to demonstrate their ability to perform satisfactorily under a contract. Before Awarding a contract, the District must have information that indicates that the Bidder meets the standards of responsibility set forth in ORS 279B.110(2) or OAR 137- 047-0640(1)(c)(F). To be a Responsible Bidder, the District will determine that the Bidder:

i. Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to meet all contractual responsibilities;

ii. Has completed previous contracts of a similar nature with a satisfactory record of performance.

A satisfactory record of performance means that, to the extent the costs associated with and time available to perform a previous contract were within the Bidder’s control, the Bidder stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. The District should carefully scrutinize a Bidder’s record of contract performance if the Bidder is or recently has been materially deficient in contract performance. In reviewing the Bidders performance, the District should determine whether the Bidders deficient performance was expressly excused under the terms of contract, or whether the Bidder took appropriate corrective action. The District may review the Bidders performance on both private and public contracts in determining the Bidders record of contract performance.

iii. Has a satisfactory record of integrity. A Bidder may lack integrity if the District determines the Bidder demonstrates a lack of business ethics such as violation of state environmental laws or false certifications made to the District. The District may find a Bidder not Responsible based on the lack of integrity of any Person having influence or control over the Bidder (such as a key employee of the Bidder that has the authority to significantly influence the Bidders performance of the Contract or a parent company, predecessor or successor Person). The District shall document the Bidder’s record of integrity if the District finds the Bidder is not responsible.

iv. Is qualified legally to contract with the District; and

v. Has complied with tax laws of the state or a political subdivision of the state, including ORS

305.620 (Collection and distribution of local taxes on income and sales) and ORS chapters 316, 317, and 318. The Bidder shall demonstrate compliance by attesting to the Bidder’s compliance in any way the District deems credible and convenient.

vi. Possesses an unexpired certificate that the Oregon Department of Administrative Services issued under ORS 279A.167 (Certification program for training in pay equity provisions of state law) if the Bidder employs 50 or more full-time workers and submitted a Bid for a procurement with an estimated contract price that exceeds $500,000 in response to an advertisement or solicitation.

vii. Has supplied all necessary information in connection with the inquiry concerning responsibility.

If the Bidder fails to promptly supply information requested by the District concerning responsibility, the District will base the determination of responsibility on any available may find the Bidder not Responsible.

j. District Evaluation: The District will evaluate a Bid only as set forth in the Solicitation and in accordance with applicable law. The District will not evaluate a Bid using any other requirement or criterion.

13. NOTICE OF INTENT TO AWARD

a. Notice: Pursuant to OAR 137-047-0610 at least seven (7) days before the Award of a Contract, the

District will provide Written Notice of the District's intent (NOI) to Award to all Bidders pursuant to ORS 279B.135.

b. Form and Manner of Posting: The form and manner of posting notice will conform to customary practices within the District's procurement system and may be made electronically.

c. Finalizing Award: The District's Award will not be final until the later of the following:

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i. Seven (7) Days after the date of the NOI, unless the Solicitation provided a different period for protest; or

ii. The District provides a written response to all timely-filed protests that denies the protest(s) and affirms the Award.

d. Prior Notice Impractical: Posting of Notice of Intent to Award will not be required when the District determines that it is impractical due to unusual time constraints in making prompt Award for its immediate procurement needs, documents the Contract file as to the reasons for that determination, and posts notice of that…