245014 RFP.pdf

Fleet Services Division

Vehicle Body Repair and

Painting

RFP NUMBER: 245014

CLOSING DATE: April 19, 2024 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 245014

Vehicle Body Repair and Painting

INTRODUCTION

The City of Salem, hereinafter referred to as “City”, is soliciting competitive sealed proposals from qualified auto body Service Providers to perform vehicle body repair and painting services on an “as needed” basis for vehicles managed by the City’s Fleet Services Division.

The City intends to award three (3) non-exclusive contracts to the three highest ranked auto body shops as a result of this RFP, however the City reserves the right to award more or less Service

Providers under this RFP, if it is in the City’s best interest. The selected Service Providers shall be asked to provide quotes on an “as needed” basis as vehicle body work is needed throughout the term of the resulting agreements. Work shall be awarded to the lowest responsible and responsive bidder for each repair.

Proposals will be received until, but not after 4:00 PM (local time), April 19, 2024.

Completed proposals must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept proposals submitted in any other manner.

NO LATE PROPOSALS WILL BE ACCEPTED.

Your proposal must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each Proposal is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

Supported web browsers: Chrome, Firefox, Safari, and Vivaldi.

Need Help?

Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission.

The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

Prospective proposers may obtain these solicitation documents by registering on the OregonBuys website and downloading them. Proposers shall consult the OregonBuys system regularly until closing date and time to avoid missing any notices. To register on OregonBuys go to https://oregonbuys.gov. The City shall advertise all Addenda on OregonBuys. Prospective proposers are solely responsible for checking OregonBuys to determine whether or not any

Addenda have been issued. RFP documents will not be mailed to prospective proposers.

https://bidlocker.us/a/salem_or/BidLocker mailto:help@equityhub.us https://bidlocker.us/files/Vendor%20Guide%20-%20Bid%20Locker%20Base.pdf https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/ https://oregonbuys.gov/bso/view/login/login.xhtml

Page 2 Request for Proposal

Any objections to or comments upon the RFP specifications must be submitted in writing to the office of the Contracts and Procurement Manager, by email sself@cityofsalem.net.

They must be received no later than April 5, 2024 at 5:00 PM (local time).

Proposals received will be held confidential until a recommendation for award has been approved by the Department Director. Thereafter, all Proposals will be available for public inspection by submitting a Public Records Request through the City Recorders Office Public Records Request |

Salem, Oregon (cityofsalem.net).

The City will be the sole judge in determining award of Agreement and reserves the right to reject all Proposals.

Human Rights: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws. The City’s complete Title

VI Plan may be viewed at Equity & Accessibility | Salem, Oregon (cityofsalem.net). Proposer agrees to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules, and regulations if awarded an agreement by the City.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the successful proposer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the successful proposer of the successful proposer’s obligations under this Agreement and the Salem Revised Code Chapter

97, Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws.

The City is an Equal Employment Opportunity employer.

Questions regarding the City’s RFP process may be addressed to Shawna Self, CPPB, Contracts and Procurement Manager, who may be reached at (503) 588-6445 or by email at sself@cityofsalem.net during City business hours.

The City operates and maintains Americans with Disabilities Act compliant facilities.

Reasonable accommodations are available upon request.

Shawna Self, CPPB, Manager

Contracts and Procurement

FIRST DATE OF SOLICITATION: March 20, 2024

REQUEST FOR PROPOSAL NUMBER: 245014

REQUEST FOR PROPOSAL CLOSING: April 19, 2024 at 4:00 PM (Local Time) mailto:sself@cityofsalem.net https://www.cityofsalem.net/government/public-records-request https://www.cityofsalem.net/government/public-records-request https://www.cityofsalem.net/government/equity-accessibility

Page 3 Request for Proposal

RFP #245014

Vehicle Body Repair and Painting

The City of Salem (“City”) is a municipal corporation serving a community with a population of approximately 177,600. It is the capital of the State of Oregon and the county seat of Marion

County. The City has a Council-Manager form of government with an elected mayor and council.

The City has approximately 1,300 employees and nine operating departments (listed below).

City Manager Legal

Community Services Community Planning and Development

Enterprise Services Police

Fire Public Works

Finance

SECTION 1: BACKGROUND

In the past, the City has used various auto body vendors in the community to repair damaged City vehicles. This required City staff driving around to various vendors to obtain a minimum of three bids before repairs could be performed. The City did not have a policy or standardized repair criteria to compare the competitive bids.

The City has determined that it can obtain better pricing and better service for vehicle body and paint repairs by standardizing the repair criteria and requesting competitive quotes from a pool of pre-selected Service Providers when a repair is needed. This RFP will be used to select that pool of Service Providers.

The City’s fleet consists of a diverse makeup of over 480 passenger, light and heavy duty vehicles for our various departments; Police, Fire, Public Works, Community Development, and support departments.

SECTION 2: SCOPE OF REQUESTED SERVICES

The City has estimated that approximately $150,000 will be spent in automotive body work during each year of the contract. This figure is only an estimate and is not a binding guarantee of the work to be done under these contracts. Actual requirements may be more or less than the amounts estimated.

2.1 RESPONSIBILITIES OF SERVICE PROVIDER

The responsibilities of Service Provider include, but shall not be limited to, the following.

A. Have a repair facility located within the city limits of the City of Salem, OR.

B. Business hours of at least Monday-Friday 8 AM – 5 PM.

C. Upon request of City, Service Provider shall provide a firm written price quote for needed repairs.

Page 4 Request for Proposal

The quote shall include:

1. Year, make, model and mileage of vehicle

2. License plate number, VIN, and City unit number

3. Photos of the specific areas with damage to be repaired on the vehicle

4. Itemized list of description of work to be performed

5. Estimated number of labor hours of task

6. Itemize list of parts cost and part quality (ie…OEM, aftermarket, etc.)

a. All parts used to provide automotive body repair shall be new Original

Equipment Manufacturer (OEM).

b. At the City’s option, CAPA Certified aftermarket and OEM used parts may be used depending upon the age and value of the vehicle being repaired.

7. Paint materials costs

8. All incidental or miscellaneous shop supplies and charges shall be included and priced accordingly.

9. Number of days to repair

10. Total repair estimate

11. If applicable, any recommendations for future repairs

12. All estimates shall be from an applicable industry standard Collison and

Estimating Reference Guide used by insurance appraisers. Service Provider shall provide the name and version of the guide or software used.

D. Upon notice to proceed from City, Service Provider shall perform the work as quoted. In the event that hidden damage is discovered, Service Provider shall contact City and shall confirm the need for such work and negotiate additional costs and, if applicable, a revised work completion schedule prior to Service Provider proceeding with the work.

E. The City reserves the right to provide certain parts that are used in the repair of a vehicle. In such cases, Service Provider shall be informed in City’s request-for-quote that available parts should not be included in the quoted price.

F. Service Provider shall pick up drivable vehicles and transport them to Service

Provider’s place of business at Service Provider’s expense.

G. Service Provider shall provide City with a written schedule of the work to be performed and a guaranteed turnaround time mutually agreed to by Service

Provider and City. Failure to meet the agreed upon return date of the vehicle may result in a deduction of $50.00 per day from Service Provider’s invoice.

H. All of Service Provider’s personnel utilized in performance of the required services shall be experienced, trained, and qualified to complete their assigned responsibilities in a professional manner and Service Provider’s employees shall be involved in ongoing training or trade certification programs.

Page 5 Request for Proposal

I. Service Provider’s facilities shall be equipped to carry out the services as described herein. Facilities shall be secure in order to protect City property and shall meet all relevant safety and health regulations. City vehicles must be stored in a secured storage area or a building and the vehicle must be locked at all times when not being serviced.

J. After work has been completed Service Provider shall deliver vehicles to the City’s

Fleet Services located at 1455 22nd St SE, Salem, OR.

K. In the event that Service Provider uses a subcontractor to perform vehicle frame repair work, Service Provider shall first provide City with the name of the subcontractor for approval. The City must provide written approval of such subcontractor prior to Service Provider using the subcontractor to perform work.

L. Service Provider shall guarantee timeliness of invoicing and any other documents requiring processing.

M. Service Provider shall maintain a valid email address and provide same to City to facilitate the request-for-quote process and other communications between the parties.

2.2 RESPONSIBILITIES OF CITY

A. Request-for Quote Process. When a repair is needed, City shall invite Service

Providers to submit a firm price quote to perform the required repair. The City intends to invite all body shop vendors who are currently under contract and in good standing with City to submit a quote. (Estimated to be three Service

Providers as a result of this RFP, however the City reserves the right to award more or less Service Providers under this RFP, if it is in the City’s best interest.)

1. Request for quotes shall be emailed by City to Service Providers as often as on a daily basis or as otherwise needed by City.

2. City shall give Service Providers uniform information describing the needed repair, pictures if available, instructions for viewing the vehicle, and a due date for the submission of the quote.

3. In most cases, Service Provider shall be able to visually inspect the vehicle in person at the Fleet Services Division address with a simple check-in process at the Fleet Offices desk.

4. City shall give as much time as possible for Service Provider’s to inspect vehicles and to submit the price quote. Some repairs shall be more time sensitive than others.

5. City shall evaluate the quotes received based on the following:

a. Total price quoted

b. Quote was received by the date and time specified

Page 6 Request for Proposal

c. Service Provider’s complete and comprehensive information showing that Service Provider has made a thorough examination and assessment of the damage

d. Turnaround time for the repair based on the City’s operational needs for that vehicle at the time

B. City shall deliver non-operational, wrecked vehicles to Service Provider’s place of business at City’s expense.

C. City shall supply to Service Provider a Work Order number for every job.

D. City shall inspect each vehicle, following repair and painting, and monitor the quality and acceptability of work performed and shall work with Service Provider, if needed, to resolve any unsatisfactory performance issues or inferior workmanship.

E. City reserves the right to inspect Service Provider’s shop facilities, equipment, and work in process at any time.

F. City Fleet Services personnel shall retain the following records:

1. A record of all pertinent information for each request-for-quote process shall be documented and retain with each work order, including but not limited to:

a. A copy of the request for quote

b. The Service Providers that were invited to quote

c. The Service Providers that responded

d. A tabulation of quotes received

e. The name of the Service Provider that was awarded the work

2. Documentation of any problems discovered in workmanship and/or other pertinent service issues leading to suspension or termination of a Service

Provider.

2.3 WORK QUALITY

A. All work performed shall carry an unconditional warranty for one year on parts and labor.

B. Service Provider shall guarantee that all structural procedures performed will return the vehicle to manufacturer’s specifications. Service Provider shall guarantee the work product against any defect in workmanship or materials. Failure to comply with this requirement shall result in immediate return of the vehicle at the expense of Service Provider for prompt repair. Service Provider agrees to perform any

Page 7 Request for Proposal repairs according to the vehicle’s factory recommended repair techniques. If no repair techniques are recommended, then I-CAR (inter-Industry Conference on

Automotive Collision Repair) repair procedures are to be used.

C. Bodywork and Painting Requirements:

1. Service Provider shall be able to perform complete body repairs as well as paint vehicles and equipment.

2. Bent parts are to be straightened and reinforced or replaced per manufacturer recommendations. In the event that vehicle decals are damaged, Service Provider shall obtain new decals from City and apply new decals to the repaired vehicle.

Decal removal and installation shall be included in the repair estimate.

3. All bodywork shall require three coats of primer: two (2) during bodywork repair, and a minimum of one (1) during painting process. All work shall be performed at the same level of quality that is provided to all customers.

D. Paint Process:

The paint process shall consist of the following in the order listed, utilizing the latest state-of-the-art painting and paint matching systems, mixing tools, and spraying tools:

• Primer (minimum of three coats)

• Base Coat

• Clear Coat (either solvent or water based)

E. Alignment:

Service Provider shall agree to perform realignment of all vehicles when needed.

This shall be a thrust alignment for frame vehicles and four wheel alignment for unibody vehicles. A printout of the readings after the alignment shall be provided with each repair order. Service Provider personnel or sub-contractor shall be qualified to perform alignment work.

F. Frame Work:

Service Provider shall agree to perform frame straightening of all vehicles when needed. Service Provider personnel or sub-contractor shall be qualified to perform all frame work.

G. Airbag Components:

All airbag components shall be replaced with new O.E.M. parts when the decision has been made to replace the components.

H. Major Repairs:

If metal body or plastic components are beyond repair, repairs shall be made by cutting out damaged area and replacing with new metal or plastic that is equal to or greater than the original thickness.

I. Police vehicles:

Page 8 Request for Proposal

Must be restored to factory high speed impact rating, side door intrusion beams inspected and replaced, seats, seat belts and interior inspected and questioned components replaced to factory new standards, factory paint and repair guidelines will be adhered to at all times. All parts used must be factory authorized only, no aftermarket or used parts without prior approval.

J. City reserves the right to terminate this Agreement or suspend Service Provider (in writing) from participating in quotes for service for a period of 90 days if any of the following occurs:

1. Repeated unsatisfactory performance/inferior workmanship

a. Unsatisfactory repairs include, but are not limited to, paint swirls, fish eye blemishes, mismatched paint color, buffer burns, as well as any other defects and/or imperfection in body work or paint finish.

2. Failure to cooperate with any City personnel involved in the services described herein

3. Refusal to perform services for the cost established in Service Provider’s written quote

4. Repeated failures or inability to meet the agreed upon completion schedules

5. Repeated failure to identify damage and include its cost in the initial quote and then requesting approval of additional costs later for hidden damage. (If it appears that other vendors identified the damage and included its cost with their initial quotes).

6. Breech of any other terms and conditions of this Agreement.

K. If this Agreement is terminated for any of the reasons described in Paragraph J above, City reserves the right to suspend Service Provider from participation in the next RFP process.

2.4 SERVICES FOR OTHER CITY DEPARTMENTS

On occasion, it may be necessary for Service Provider to respond to calls from other City departments to provide the specified services. In such cases, Service Provider shall supply the desired services at the request of the department. Invoices shall be sent directly to the department originating the request.

Page 9 Request for Proposal

SECTION 3: PROPOSAL SUBMITTAL REQUIREMENTS

Organization of the Proposal

Proposers must organize and present their proposal materials in the same order as presented below, and include page numbers. Proposals received without following this format, or received after the deadline and stated place of delivery, may be rejected as non-responsive.

A. Qualifications of Service Provider:

1. Provide a statement of the company’s experience and qualifications to meet the requirements of the City as outlined herein. Include the following:

a. A general overview and history of your company.

b. Number of years in business, number of employees, corporate headquarters.

c. Where is your shop(s) located?

d. Confirm that you have the appropriate business licensing for your company in the space below and attach a copy with your submission.

e. Include your company name, address, phone number, contact person and email address.

2. Staff. Identify proposed staff members that would be involved in providing the services requested herein and submit statements or attach resumes detailing their qualifications. Please include at a minimum:

a. The number of employees you have working full time to provide the services specified.

b. The degree of training for each of the employees that will be providing the services specified. Include any certifications your employees have obtained.

c. Service Provider's commitment to ongoing training and/or trade certification for Service Provider's employees.

3. Shop & Equipment. Describe the following:

a. A list of certifications your facility has obtained.

b. The size and general condition of your shop facility.

c. Type/size of paint booth (Must comply with appropriate fire and bldg. codes).

d. The security of the shop and outer perimeter of the property.

e. Any other related shop equipment your company has and uses that is pertinent to this type of service such as welding equipment, bench system etc. (The City reserves the right to inspect the offeror’s shop/facility as part of the evaluation for this item.)

f. Is your company currently involved in arbitration or litigation for any reason?

If so, please elaborate.

4. Has your company, or any of your proposed sub-contractors, ever filed for

Page 10 Request for Proposal reorganization or bankruptcy? If so, please provide dates and resolution.

5. Identify any of the work that you intend to subcontract to others and identify the proposed subcontractors including names, specific assignments, and the qualifications of the subcontracting firm and its key personnel.

6. In addition to the information and qualifications specified above, identify any special knowledge or skills provided by your company that may be related or helpful to the services requested herein.

B. Proposed approach to Scope of Requested Services:

1. Provide a statement of your understanding of the services requested and a general description of your proposed approach to the Scope of Requested Services, in

Section 2. Include confirmation that if awarded a contract your company can comply with the insurance requirements of the attached sample agreement.

2. The City requires OEM or CAPA-certified parts for safety related repairs. Describe your company’s availability of quality OEM or CAPA certified parts and supplies.

3. The City intends to email the selected Service Providers when a repair is needed.

Such emails may include a general description of the services needed, attached pictures, and instructions on how and when to submit a quote for the work.

Describe your company’s capability to send and receive electronic information in regards to bidding on the proposed services as they are needed.

4. Provide an explanation on how your company will perform services in a timely manner to meet promised deadlines for repairs.

5. State your commitment to cleanliness, security, and maintenance of your repair facility and the surrounding area.

6. Identify and/or recommend any additional or innovative services and products provided by your company that may be related to or helpful to comprehensive vehicle body repair and painting services. Include any other services offered by your company such as fiberglass work, undercoating, plastic repair, detailing, heavy equipment or heavy truck body repair and paint, signs/lettering/decals/wraps, steam cleaning, restoration work.

7. If there is a better way for the City to package or define the services that it has requested herein in order to obtain better pricing and/or service by making it easier for the selected Service Provider, please explain what modifications would be necessary to achieve such better pricing and/or service.

C. Proposed Fees:

Proposed prices must include all costs associated with the performance of the services specified, including materials, supervision, labor, insurance, transportation, delivery, Page 11 Request for Proposal fuel or other surcharges, demurrage, and related costs. Charges not listed in the RFP response will not be allowed.

1. Parts. Explain any special price lists or discounts offered to the City or any discounts off published list prices which will be used in quotations for City repairs. Include:

a. How you will price OEM parts for City quotations?

b. How will you price Certified Automotive Parts Association (CAPA)

Certified parts for City quotations?

2. City requests no mark-up on subcontracted work. Provide a statement confirming your commitment to this request or an alternate offer for subcontracted work pricing.

3. Labor. Provide your proposed labor rates for City quotations. Include:

a. Hourly rate for car and light truck body repairs, this may include body, sheet metal, frame, mechanical, electrical, refinish, plus other costs.

b. Hourly rate for paint materials (paint labor per hour).

c. Hourly rate for decal installation and/or removal, if available.

4. Itemize any other charges that you normally factor into each quotation for body repair and paint services.

5. Identify any early payment discount or discounts that you are willing to offer for the purchases contemplated herein, such as “2/10, net 30” where City can take an immediate 2% discount if the payment is made within 10 days after receipt of the invoice or pay the full amount within 30 days from such receipt.

D. References: Provide at least three (3) references that detail your firm’s experience in providing the services request herein for similar customers of similar size, with dates of performance and/or completion, customer name, contact person, telephone number(s), and description of services. By providing such references you agree that neither the City not the clients referenced shall have any liability regarding the provision of such references or the City’s use of such references in making selections under this RFP.

Page 12 Request for Proposal

SECTION 4 PROPOSAL EVALUATION CRITERIA AND SELECTION PROCESS

4.1 Evaluation Criteria

Although cost of services is important, the City will not necessarily select the lowest cost proposal for the award. The City reserves the right to award a contract based on initial proposal submittals or, at the sole discretion of the City, to conduct interviews with any or all of the proposers. Any interviews shall be held for the purpose of clarity of proposals and will not be scored. However, the Proposal Selection Committee members may use the interview process as an opportunity to adjust their original proposal scores to reflect any additional understanding of proposals that they derived from the interviews. In addition to submitted proposal information, the City reserves the right to use any information that it is aware of, independent of the submitted proposals, in determining consideration of contract award.

The City will not pay for any costs incurred by proposer in responding to this RFP to include costs to the proposer to conduct interviews and presentations.

The evaluation criteria to be used for this RFP are summarized below:

A. Qualifications of Service Provider. 25 points out of 100 points may be awarded for Qualifications of Service Provider’s Staff. Proposers will be evaluated based on the Service Providers organization, location, licensing, the training and experience of their employees. The City seeks proposals from technical experts in the field who have performed similar vehicle body repair and painting for large fleets. Qualifications and experiences of individual staff members are relevant only in cases where the staff is anticipated to be directly involved in vehicle body repair and painting.

B. Proposed Approach to Scope of Requested Services. 25 points out of 100 points may be awarded for the Proposed Approach to Scope of Requested Services.

Proposers will be evaluated on their approach to the scope of services. Proposers will also be evaluated on their ability to provide internal quality control.

C. Proposed Fees. 35 points out of 100 points may be awarded for Proposed Fees.

The proposals will be evaluated based on hourly labor rates that include, but are not limited to: body, sheet metal, frame, mechanical, electrical, refinish, paint, paint supplies, parts, parts discounts, plus other costs.

D. References. 15 points out of 100 points may be awarded for References.

Proposer must list at least three (3) references. References will be evaluated based on the similarity of work completed to the work required based on this RFP as well as the reference’s evaluation of the quality of the work performed. An outstanding recommendation for less relevant work products may not score as well as a positive recommendation on directly related work.

Page 13 Request for Proposal

Evaluation Criteria Maximum Points

Qualifications of Service Provider 25

Proposed Approach to Scope of Requested Services 25

Proposed Fees 35

References 15

Total Maximum Points Possible 100

4.2 Selection Process

A RFP Selection Committee will be appointed by the City to evaluate and rank all qualifying proposals received by the closing date. In addition to submitted proposal information, the City reserves the right to use any information that it is aware of, independent of the submitted proposals, in determining consideration of contract award. If no acceptable arrangements can be made, negotiations with the next highest ranked proposer will occur.

The successful proposer will be required to complete an Agreement in the form of a

Personal Services Agreement (sample included in Appendix A), which will incorporate this RFP and proposer’s response as a part of the Agreement.

Page 14 Request for Proposal

SECTION 5: INFORMATION AND INSTRUCTIONS TO PROPOSERS

This section contains administrative and procedural information and instructions for preparation and submittal of the proposal. Note: This RFP process offers several opportunities for prospective proposers to submit formal protests. Filing a protest with the

City requires submitting $500.00 with the formal written protest. Prospective proposers and proposers wishing to submit objections to or comments on RFP specifications of a non-protest nature, must submit them in writing to the office of the Contracts &

Procurement, by email sself@cityofsalem.net. They must be received no later than April 5, 2024, at 5:00 PM (local time). There is no fee for filing objections to or comments on RFP specifications of this non-protest nature.

5.1 Anticipated Schedule (subject to change)

March 20, 2024 .............................................................................. Begin RFP Solicitation

April 5, 2024 at 5:00 PM (local time) .................................. Questions/Clarifications Due

April 19, 2024 at 4:00 PM (local time) ................................................. RFP Closing Date

May 2024 ............................................................... Notice of Intent to Award Agreement

June 2024 ............................................................... Agreement Award (Anticipated Date)

July 1, 2024 ............................................................................................ Notice to Proceed

5.2 Qualification Requirements

Each proposer shall respond to the proposal requirements as presented in Section 3, Proposal Submittal Requirements, of this RFP. Proposals received without the required information may be rejected as being non-responsive.

The City shall have the right to disqualify any proposal as a result of the information gathered in its research.

5.3 Pre-Proposal Interpretation of RFP and Requested Changes

Technical questions relating to the requirement and scope of services of this RFP and/or the RFP process should be directed in writing to the Contracts and Procurement Manager, Contracts and Procurement, by email: sself@cityofsalem.net.

Any clarification or interpretation of the proposal documents will be made only by written notification. The City is not responsible for any explanation, clarification, or interpretation given in any manner except by written notification.

Any person who contemplates submitting a proposal in response to this RFP and who wishes to have the City consider a change in any part of this RFP shall submit to the

Contracts and Procurement Manager of the City of Salem a written request for a change or substitution no later than 5:00 PM (local time), April 5, 2024. The request shall include the proposed change and the reason for the change. Protest against award based on the scope of services or other content of this RFP will not be considered after this time. Changes to this RFP document shall only be by written addenda.

A copy of any written clarification, interpretation and addendum will be posted on

OregonBuys.

mailto:sself@cityofsalem.net

Page 15 Request for Proposal

5.4 Protest of Solicitation Document and the Procurement Process

A prospective proposer may protest the procurement process or the solicitation document for an Agreement. A prospective proposer must deliver a written protest to the Contracts and Procurement Manager (email: sself@cityofsalem.net) no later than 5:00 PM (local time), April 5, 2024. The prospective proposers shall indicate the reasons for the disagreement through a written protest and shall include a statement of the desired changes to the procurement process or the solicitation document that the prospective proposer believes will remedy the conditions upon which the prospective proposer based its protest.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.5 Execution of the Proposal

The proposal shall be executed in the name of the proposer followed by the signature of the officer authorized to sign for the printed or typewritten designation of the office held.

If the proposal is made by a partnership, it shall be executed in the name of the partnership followed by the signature of an authorized partner.

If the proposal is made by a Limited Liability Company (LLC), it shall be executed in the name of the LLC followed by the signature of the authorized member(s) or manager(s) authorized to sign for the LLC and the printed or typewritten designation of the office held in the LLC.

If the proposal is made by a corporation, it shall be executed in the name of the corporation followed by the signature of the officer authorized to sign for the corporation and the printed or typewritten designation of the office they hold in the corporation.

If the proposal is made by a joint venture, it shall be executed by each participant of the joint venture.

5.6 Submission of Proposal

Proposals will be received until, but not after 4:00 PM (local time), April 19, 2024.

Completed proposals must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept proposals submitted in any other manner.

NO LATE PROPOSALS WILL BE ACCEPTED.

Your proposal must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The

City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each https://bidlocker.us/a/salem_or/BidLocker

Page 16 Request for Proposal

Proposal is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

Supported web browsers: Chrome, Firefox, Safari, and Vivaldi.

Need Help?

Please contact Equity Hub at help@equityhub.us or 267-225-1407 for technical questions related to your submission.

The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

5.7 Response Date

Delivery in the manner stated herein and completeness of submittals as required by this

RFP shall be solely the responsibility of the proposer(s). Submission of proposals or additional information offered after the closing date and time shall not be accepted or considered.

5.8 Withdrawal of Proposal

Proposer(s) may withdraw their proposal, by written notice submitted on the proposer's letterhead, signed by the proposer's authorized representative, delivered to the Contracts and Procurement Office by email at contracts@cityofsalem.net. To be effective, the withdrawal must be received prior to closing date and time. The proposer shall mark a written request to withdraw its proposal as follows: “Proposal Withdrawal - RFP #245014.”

5.9 Notice to Proceed

The successful proposer(s) may be given ten (10) calendar days to execute the Agreement and return it to the City. Contractual work may not begin until the notice to proceed has been issued. The notice to proceed will be issued after execution of the Agreements by the

City. The notice to proceed will authorize commencement of the work based on the

Agreement.

5.10 Rights of City to Award or Reject Proposals

This RFP does not commit the City to award or enter into an Agreement. Under no circumstances will the City pay the costs incurred in the preparation of a response to this

RFP. The City reserves the right to:

• Accept or reject any or all proposals or any portion thereof received as a result of this

RFP.

• Negotiate with any proposer(s).

• Accept a proposal and subsequent offers for Agreement from other than the lowest cost proposed.

• Waive any immaterial defects and irregularities in proposals and to waive or modify any irregularities in proposals received, after prior notification to the proposer(s).

mailto:help@equityhub.us https://bidlocker.us/files/Vendor%20Guide%20-%20Bid%20Locker%20Base.pdf

Page 17 Request for Proposal

• In determining the most responsive proposer, take into consideration any or all information supplied by the proposer in the proposal and the City’s investigation into the experience of the proposer. In addition, the City may accept or reject proposals based on minor variations from the stated scope of services and when such action is deemed to be in the City’s best interest.

• Negotiate a final scope and price with the selected proposer that may differ in some respects from this RFP.

• To seek clarifications of each proposal.

• If proposer chooses to participate in negotiations, they may be asked to submit additional information, or other revisions to their proposal as may be required.

• Consider proposal modifications received at any time before the award is made, if such action is in the best interest of the City.

• To negotiate a final Agreement that is in the best interest of the City.

5.11 Contract Administrator

The Contract Administrator is Jim Schmidt. All questions relating to the RFP process should be directed in writing to Shawna Self, CPPB, Contracts and Procurement Manager, by email to: sself@cityofsalem.net.

5.12 Economy of Proposal Preparation

Proposals should be prepared simply and economically, by providing a straightforward, concise description of the proposer’s capabilities related to specified elements units or services. Proposals should not include any information not specifically identified or specified as a required response.

5.13 Addenda

In the event that it becomes necessary to revise any part of this RFP, an addendum will be posted on OregonBuys. Prospective proposers are solely responsible for checking

OregonBuys to determine whether or not any addenda have been issued. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by addenda. Addenda, if necessary, will be issued not later than five (5)

City business days prior to the RFP closing date. Addenda shall be signed by the same individual that signs the proposal and SHALL BE SUBMITTED with the proposal.

Proposals received without properly signed addenda may be considered non-responsive.

5.14 Protests of Addenda

A prospective proposer may submit a written protest to an addendum within forty-eight

(48) hours by the close of the City’s next business day after issuance of the addendum. The written protest shall (1) Sufficiently identify the addendum being protested; (2) Identify the specific grounds that demonstrate how the addenda is contrary to law, unnecessarily restrictive, legally flawed or improperly specifies a brand name; (3) Include evidence or supporting documentation that supports the grounds on which the protest is based; (4)

Identify the relief sought; and (5) Include a statement of the desired changes to the mailto:sself@cityofsalem.net

Page 18 Request for Proposal addendum that the prospective proposer believes will remedy the conditions upon which the prospective proposer based its protest. The City will not consider a protest to matters not added or modified by the protested addendum. Delivered to the Contracts and

Procurement Division, via email to contracts@cityofsalem.net.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.15 Acceptance of Proposal Content

The contents of the proposal of the successful proposer will become contractual obligations if acceptance action ensues. Failure of the successful proposer to accept these obligations in an Agreement may result in cancellation of the award.

5.16 Public Records and Confidentiality of Proposal

This RFP and one copy of each original response received, together with copies of all documents pertaining to the selection of the successful proposer and execution of a copy of the executed agreement, shall be kept for the City by the Contracts and Procurement

Office for a period of five (5) years and made a part of a file or record which shall be open to public inspection.

Public Records. By submitting a proposal, the proposer acknowledges that information submitted in response to this RFP is open to public inspection under the Oregon Public

Records Law, ORS 192.311 through 192.513. The proposer is responsible for becoming familiar with and understanding the provisions of the Public Records Law.

Note: Under no circumstances will any proposal information be disclosed by the

Contracts and Procurement Office prior to receiving a written recommendation to award from the Department Director.

5.17 Human Rights

It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by the Salem Revised Code

Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination laws. The City’s complete Title VI Plan may be viewed at www.cityofsalem.net.

Successful proposer agrees to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules and regulations if awarded an

Agreement by the City.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment:

In all solicitations either by competitive bidding or negotiation made by the successful proposer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified mailto:contracts@cityofsalem.net http://www.cityofsalem.net/

Page 19 Request for Proposal by the successful proposer of the successful proposer's obligations under this Agreement and the Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination laws. (See Appendix B.)

5.18 Discrimination in Subcontracting Prohibited

Proposer agrees not to discriminate against disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110.

5.19 Notice of Intent to Award

All responsive and evaluated proposers to this RFP will be notified of the City’s intent to award an Agreement not less than seven (7) days prior to award. The City will issue a notice of intent to award based on the results of its evaluation process. The notice of intent to award will be posted on OregonBuys only.

5.20 Protest of Intent to Award

A proposer may protest the award of the Agreement or the intent to award such Agreement, whichever occurs first, if the proposer claims to have been adversely affected or aggrieved by the selection of a proposer. A proposer submitting a protest must claim that the protesting proposer is the highest ranked proposer because the proposals of all higher ranked proposers failed to meet the requirements of this RFP or because the highest ranked proposers otherwise are not qualified to perform the services described in this RFP. The proposer must deliver the written protest to the Contracts and Procurement Division to contracts@cityofsalem.net, within seven (7) days after issuance of the notice of intent to award the Agreement or if no notice of intent to award is issued, within forty-eight (48) hours after award. A proposer’s written protest shall specify the grounds for protest to be considered by the City pursuant to ORS 279B.410(2). The City Manager shall not consider a proposer’s award protest submitted after the above timeline. The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.21 Incurred Costs

Neither the City, nor its officers, agents, or employees are liable for any cost incurred by proposer(s) prior to issuance of an agreement, or purchase order. All prospective proposer(s) who respond to this RFP do so solely at the proposer's cost and expense.

5.22 No Warranty

All facts and opinion stated within this RFP and all supporting documents and data are based upon information available from a variety of sources. No representation or warranty is made with respect thereto.

5.23 Statement of Time

A period of time, unless stated as a number of City business days, shall include Saturdays, Sundays, and holidays.

Page 20 Request for Proposal

The word “day” as used in this RFP document, and any resulting Agreement awarded as a result of this process, shall constitute a calendar day of twenty-four (24) hours measured from midnight to the next midnight.

When a time period is identified by days, it is computed by excluding the first day and including the last day. When the last day falls on a Saturday, Sunday, or City’s holiday, that time period shall extend to the next City business day.

5.24 Right to Audit

The successful proposer shall maintain financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations. The successful proposer(s) shall retain these records for a period of five (5) years after final payment, or until they are audited by the City, whichever event occurs first. These records shall be made available during the term of the Agreement and the subsequent five-year period for examination, transcription, and audit by the City, its designees, or other authorized bodies.

5.25 Accept or Reject Proposals

The City reserves the right to accept or reject any or all proposals in response to this RFP without cause or to delay or cancel this RFP process without liability to the City if the City determines it is in the public interest to do so.

5.26 Additional Information

The City reserves the right to request additional information following their initial review of the proposal documents that the City deems reasonably necessary to evaluate, rank, and select the most qualified proposer(s). The City staff may conduct a review and verification of confidential information with staff and consultants.

5.27 Right to Modify Process

The City reserves the right to modify the selection process or other aspects of this RFP process at its sole discretion. The Contracts and Procurement Office will take reasonable steps to ensure that any modification or clarification to this RFP are posted on OregonBuys.

5.28 Debarment of Proposer

The Contracts and Procurement Manager may debar prospective proposers from consideration for Agreements for a period of not more than three (3) years if:

1. The prospective proposer has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract subcontract or in the performance of such contract or subcontract;

2. The prospective proposer has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business

Page 21 Request for Proposal honesty that currently, seriously, and directly affects the prospective proposer’s responsibility as a contractor;

3. The prospective proposer has been convicted under state or federal antitrust statutes;

4. The prospective proposer has committed a violation of a contract provision that is regarded by the Contracts & Procurement Manager or the Construction Contractors

Board to be so serious as to justify debarment. A violation may include but is not limited to a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract.