SECTION IV – INSTRUCTION TO BIDDERS:

Solicitation No. ITB 25-0021

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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. Bidders’ are responsible for monitoring OregonBuys for issued Addenda prior to 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.

mailto:contracts@beaverton.k12.or.us

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i. Content of Request for Written Change:

A. 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.

B. A Bidder must mark its request for change as follows:

i. Contract Provision Request for Change; and

ii. Solicitation number (ITB 25-0021 Food Bars, Worktables and Point of Sales Carts).

b. Substitution Requests:

i. During Solicitation: No later than the deadline for submitting a written request for clarification, change, substitution, or solicitation protest, a Bidder may request in writing a substitution to any specified products (e.g., requests for approved equal decision, etc.). Such requests must be submitted prior to the stated deadline in writing by email to contracts@beaverton.k12.or.us. (Bidder is responsible for ensuring receipt by the District.)

ii. Products identified by manufacturer and model number (e.g., Cambro VBRR5110 Salad Bar 5ft or equal) are specified to establish the minimum standard of quality and performance.

“Or equal” products will be considered only if the Bidder submits a written substitution request using the form provided in Section III – Attachment M (Substitution/Equivalent Product Request Form) and includes complete product specifications, manufacturer information, model number, and documentation demonstrating equivalency.

iii. Substitution requests rejected by the District by written addendum (“Non-Equivalent Products”) will not be eligible for consideration. Any Bids containing Non-Equivalent Products will be rejected as non-responsive to the Solicitation.

iv. Bids submitted with products that have neither been approved nor rejected by written addendum (“Substitute Products”), will be subject to the following process after Bid Opening:

A. The District will evaluate whether or not the Substitute Products are acceptable using the manner and criteria described above and/or in the rules and laws applicable to this Solicitation.

B. The District will make a determination to either accept the Substitute Products or to consider them Non-Equivalent Products.

C. Any Bids containing Non-Equivalent Products will be rejected.

c. Protest:

i. Delivery: A Bidder must deliver a protest in writing by email to contracts@beaverton.k12.or.us no less than ten (10) days prior to closing.

ii. Content of Protest:

A. A Bidder’s Written protest must include:

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

(ii) A description of the resulting prejudice to the Bidder; and

(iii) A statement of the desired changes to the Contract terms and conditions, including any Specifications.

B. A Bidder must mark its protest as follows:

(i) “Contract Provision Protest”; and

(ii) Solicitation number (ITB 25-0021 Food Bars, Worktables and Point of Sales Carts).

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.

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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

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 PREPARATION

a. Bidders must complete and submit with their Bid, the required Affidavit, Certifications and Forms,(Section III, Attachments).

b. Failure to complete, sign, and submit the required documents as required in accordance with this Solicitation may be grounds to declare the Bid nonresponsive.

c. All required forms must be submitted using the forms provided in this Solicitation. Altered, incomplete, or substituted forms may result in the bid being deemed nonresponsive.

7. 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.

i. Responsive Bid. The District may award a Contract only to a Responsible Bidder with a

Responsive Bid.

b. 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.

c. 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.

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

e. Forms.

i. The attached forms identified in this Solicitation and listed on the Bid Submission Checklist are required to be submitted with the Bid.

ii. Copies of the included forms (See Attached Bid Submission Checklist) are to be completed and submitted by the Bidder along with other required documents as required by the instructions to Bidders.

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

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

h. 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.

i. Identification of Bids.

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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, 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.

j. 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.

k. Failure to submit Bids in accordance with the provisions of this Section will be grounds to declare the Bid as nonresponsive.

l. 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.

8. 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 (23-0008 Charter Bus Transportation Services).

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:

A. Bid Withdrawal; and B. Solicitation Number (23-0008 Charter Bus Transportation Services).

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

9. 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). For invitations to Bid, to the extent practicable, the District will read aloud the name of each Bidder, the total Bid price(s), and such other information, as the District considers appropriate.

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Bids will be opened and publicly read via the conference call 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, model 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.

10. 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 RECORDS: 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.

11. 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.

12. 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:

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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:

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

B. Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and C. 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:

A. The nature of the error;

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

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

D. 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;

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

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

G. That the District's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the District or the public it represents;

and

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

iv. The criteria in subsection 12.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.

13. BID EVALUATION CRITERIA

a. Bids will be evaluated in accordance with the evaluation criteria stated in the solicitation.

14. 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 Contractor may only modify the Contract in accordance with OAR 137-047-0800.

d. 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.

e. 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.

f. 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:

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

B. Examination of such elements as appearance or finish; or C. 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.

g. 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.

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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.

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

h. 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.

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i. 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.

15. 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:

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 action as soon as reasonably practical.

16. DOCUMENTATION OF AWARD; AVAILABILITY OF AWARD DECISIONS

a. Basis of Award: After Award, the District will make a record showing the basis for determining the successful Bidder part of the District's Solicitation file.

b. Contract Document: The District will deliver a fully executed copy of the final Contract to the successful Bidder.

c. Bid Tabulations and Award Summaries: Upon request of any Person the District will provide tabulations of Awarded Bids.

d. Availability of Solicitation Files: The District will make completed Solicitation files available for public review at the District.

17. REJECTION OF BIDS

a. Rejection of a Bid:

The District may reject any Bid as set forth in ORS 279B.110

i. The District may reject any Bid upon finding that to accept the Bid may impair the integrity of the Procurement process or that rejecting the Bid is in the public interest.

ii. The District will reject a Bid upon the District's finding that the Bid:

1. Is contingent on the District's acceptance of terms and conditions (including Specifications) that differ from the Solicitation;

2. Takes exception to terms and conditions (including Specifications);

3. Attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation or in contravention of applicable law;

4. Offers Work that fails to meet the Specifications of the Solicitation;

5. That is submitted late;

6. Is not in substantial compliance with the Solicitation;

7. Is not in substantial compliance with all prescribed public Procurement procedures.

a. Has not been prequalified under ORS 279B.120.

b. Has been Debarred as set forth in ORS 279B.130 or has been disqualified under OAR

137-046-0210(3)(Disqualification)

c. Has not met the requirements of ORS 279A.105

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d. Has failed to provide the certification of non-discrimination required under ORS 279A.110(4)

8. When the Bidder is not Responsible pursuant to ORS 279B.110.

a. Rejection of All Offers:

iii. The District reserves the right to reject any or all Bids as set forth in ORS 279B.110 In the event all Bids are rejected, the District will provide written notice to all Bidders, including the reasons for the rejection.

Bids may be for any of the following reasons, including but not limited to:

1. Errors or deficiencies in the Solicitation or the procurement process that unreasonably restricted competition for the Contract.

2. Prices, quality or performance proposed by the Bidders are excessive or insufficient to justify acceptance of any Bid.

3. Misconduct, error, or ambiguous or misleading or defective provisions in the Solicitation that compromise the fairness and integrity of the competitive process.

4. Factors other than legitimate market forces threaten the integrity of the competitive process, including, but not limited to, collusion, corruption, unlawful anti-competitive conduct, or inadvertent or intentional errors in the Solicitation.

5. Cancellation of the Solicitation in accordance with OAR 137-047-0660.

6. Any other circumstance indicating that awarding the Contract would not be in the best interest of the District or the public interest.

b. Form of Business. The District may investigate any Person submitting a Bid. The investigation may include that Person's officers, Directors, Owners, affiliates, or any other Person acquiring ownership of the Person to determine application of this rule or to apply the Disqualification provisions of ORS 279C.440 to 279C.450 and OAR 137-049-0370.

c. Certification of Non-Discrimination. The Bidder must certify and deliver to the District as part of their Bid, written certification (see attached Bidder Certification) that the Bidder has not discriminated and will not discriminate against any disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or business that a service-disabled veteran owns, in obtaining any required subcontracts. Failure to do so will be grounds for disqualification.

18. PROTEST OF CONTRACT AWARD

e. Purpose. An adversely affected or aggrieved Bidder must exhaust all avenues of administrative review and relief before seeking judicial review of the District's Contractor selection or Contract Award decision.

f. Notice of Intent to Award. Unless otherwise provided in the Solicitation, the District will provide written notice to all Bidders of the District's intent to award the Contract. The District's Award will not be final until the later of the following:

i. Seven (7) days after the date of the notice, 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 and affirms the Award.

g. Right to Protest Award.

i. An adversely affected or aggrieved Bidder may submit to the District a Written protest of the District's intent to award within seven (7) days after issuance of the notice of intent to award the Contract, unless a different protest period is provided under the Solicitation.

ii. The Bidders protest must be in Writing and must specify the grounds upon which the protest is based.

Food Bars, Worktables and Point of Sale Carts

SECTION IV Instruction to Bidders Page 11 of 11

iii. A Bidder is adversely affected or aggrieved only if the Bidder is eligible for Award of the Contract as the Responsible Bidder submitting the lowest Responsive Bid and is next in line for Award, i.e., the protesting Bidder must claim and state specific reasons why all lower Bidders are ineligible for Award:

1. Because their Bids were non-responsive; or

2. The District committed a substantial violation of a provision in the Solicitation or of an applicable Procurement statute or administrative rule, and the protesting Bidder was unfairly evaluated and would have, but for such substantial violation, been the Responsible Bidder offering the lowest Responsive Bid.

iv. The District will not consider a protest submitted after the time period established in this Rule or such different period as may be provided in the Solicitation.

h. Authority to Resolve Protests. The District’s Purchasing Manager will settle or resolve a written protest submitted in accordance with the requirements of this Rule.

i. Decision. If a protest is not settled, the Superintendent, or designee, will promptly issue a written decision on the protest. Judicial review of this decision will be available if provided by statute.

j. Award. The successful Bidder must promptly execute the Contract after the Award is final. The District will execute the Contract only after it has obtained all applicable required documents and approvals.

19. BID COSTS: The District is not liable for any costs incurred by the Bidder in its Bid preparation.

INTENTIONALLY BLANK