Addendum 2 RFP 4.25.25.1 Child Care v4~1.pdf

School District 40 complies with provisions of the various civil rights laws, such as the Fair Employment Practices Act, Title IX Regulations, the Americans with Disabilities Act and section 504 of PL 93.112 in employment and educational programs and activities.

DAVID DOUGLAS SCHOOL DISTRICT NO. 40

11300 NE HALSEY ST.

PORTLAND, OR 97220

(503) 261-8212

REQUEST FOR PROPOSALS

RFP Number 4.25.25.1

REQUEST FOR PROPOSALS FOR

CHILDCARE SERVICES

Proposal Due Date and Time

May 27, 2025 By 2:00 p.m. PST

Late proposals will not be accepted or considered.

Submit Written Proposals Electronically to:

Patt Komar Oregon Buys: https://oregonbuys.gov/bso/view/login/login.xhtml.

Direct Questions to:

Patt Komar Director of Administrative Services Email: dd_purchasing@ddouglas.k12.or.us Phone: (503) 261-8212

See the sequence of selection process events for deadline for questions.

Pre-Qualification: ☐ Required ☒ Not Required

Pre-Proposal Meeting:

☐ Mandatory ☒ Not Required

See the sequence of selection process events for location and time of any Mandatory Meetings.

https://oregonbuys.gov/bso/view/login/login.xhtml

RFP 4.25.25.1 Page 2 of 29

RFP TABLE OF CONTENTS

I. OVERVIEW OF RFP AND PROJECT REQUIREMENTS

II. CONDITIONS GOVERNING THE PROCUREMENT

A. Sequence of Solicitation Events B. Explanation of Selection Process Events C. Standard Conditions Governing the Procurement D. Definitions and Terminology

III. PROPOSAL PREPARATION AND SUBMITTAL

A. Proposal Submission Requirements B. Proposal Content Requirements

IV. PROPOSAL EVALUATION

V. CONTRACT AND WORK PERFORMANCE

ATTACHMENTS:

Attachment A: Proposal Form Attachment B: Proposer Certification Form Attachment C: Proposed Contract

RFP 4.25.25.1 Page 3 of 29

I. OVERVIEW OF RFP AND PROJECT REQUIREMENTS

A. RFP OVERVIEW

1. PURPOSE OF RFP

Pursuant to Oregon public contracting requirements, David Douglas School District No. 40 ("DISTRICT") invites written proposals for a firm able to provide on-site school-aged childcare services at District locations. The purpose of this Request for Proposals (“RFP”) is to solicit proposals from various external organizations to select one or more firm(s) who is best able to provide on-site school-aged childcare services for the DISTRICT. Contract terms and conditions will be negotiated upon selection of the winning bidder for this RFP.

MANDATORY REQUIREMENTS

Proposers must meet the following minimum requirements to be considered as a qualified proposer:

• Proposer must be able to demonstrate in its proposal that it has adequate staffing, with the experience and knowledge to provide the services requested in this RFP.

All potential Proposers are to read, understand and accept the requirements of this RFP, especially the mandatory requirements.

This is a qualifications-based selection with cost as a consideration. The Proposer is required to provide, as part of the Proposal, the qualifications and other documents requested in this RFP.

The award of a contract for services shall take into consideration certain contractor qualification and performance factors that add value to a procurement contract. Factors such as contractor past performance, technical expertise and experience, and resources, will form the basis for the criteria to be considered, in addition to price to perform the scope of work. Award shall be made in accordance with the terms conditions, and requirements stated herein.

2. DISTRICT INFORMATION

The DISTRICT encompasses approximately 12 square miles in eastern Portland. The DISTRICT provides PreK-12 educational services to approximately 8,700 students. The DISTRICT maintains nine elementary schools, three middle schools, a high school, and an alternative high school. The DISTRICT also has several administrative buildings as well as multiple locations throughout the Portland Metro Area providing Prekindergarten services. Work may be performed in any of these locations.

RFP 4.25.25.1 Page 4 of 29

3. PROJECT FUNDING

The DISTRICT is seeking services for childcare that is provided in the DISTRICT’s facilities but paid for by parents. Parents would be paying the childcare provider.

The DISTRICT reserves the right to enter into one or more contracts from this solicitation and plans on renewing this contract for up to three (3) one-year extensions. Services will be requested as the need arises, therefore there is no guarantee of work to be assigned under any resulting contract, or that the total dollar limit of any contract will be reached.

4. PRE-PROPOSAL MEETINGS (NOT HELD)

Pre-proposal meetings will not be held.

5. BEHAVIORAL POLICIES APPLY TO CONTRACTOR’S PERSONNEL

All current behavioral policies of DISTRICT’s Board of Education including, but not limited to, “no smoking” and “no alcoholic beverages” on DISTRICT property, shall be deemed to be in force for the Contractor’s work forces when they are on DISTRICT property, including the project work sites.

RFP 4.25.25.1 Page 5 of 29

B. RFP PROJECT REQUIREMENTS

This section describes more about the work to be performed under the resulting contract.

PROJECT DESCRIPTION / STATEMENT OF WORK TO BE PERFORMED

David Douglas School District is seeking proposals for on-site school-aged childcare services at District locations. Services provided will include:

• Before and after school childcare

• Full-day on non-school days during the school year when the school is open (except national holidays).

• Full-day care during winter, spring, and summer breaks.

Contractor shall comply with Early Learning Division (ELD) childcare requirements for on-site child care.

Contractor shall provide meals as required to provide child care for a full day.

Contractor shall provide enough full-day childcare coverage to cover a standard non-school working day (7:00 a.m. to 6:00 p.m.) or, in the alternative, provide a flexible schedule to accommodate the needs of parents. Breaks are included in coverage.

Contractor shall provide enough coverage to cover before and after school childcare for a standard school working day. Morning hours for school working days are 6:30 a.m. to 8:55 a.m. on Monday, Tuesday, Thursday and Friday. Morning hours for school working days on Wednesday are 6:30 a.m. to 9:55 a.m.

Evening hours for school working days are 3:30 p.m. to 6:00 p.m. Monday through Friday. Contractor shall also provide an alternative, flexible schedule to accommodate the needs of parents.

Proposers should indicate whether they are able to provide additional activities to supplement childcare programs during breaks such as, but not limited to, field trips, STEM, arts and crafts, literacy and physical activities.

Culturally responsive organizations are encouraged to apply.

RFP 4.25.25.1 Page 6 of 29

II. CONDITIONS GOVERNING THE PROCUREMENT

This section lists the major events of the Selection Process and specifies general requirements.

A. SEQUENCE OF SOLICITATION EVENTS

NOTICE: DDSD reserves the sole right, without incurring any liability, to change any aspect of the proposed procurement described above, including the right not to proceed with the procurement and/or the right to proceed in a different manner or on a different timeline than as described above.

Event Responsible Party Date Location

1. Advertisement DDSD Procurement 4/25/2025 Public Advertisement in DJC

2. RFP Made Available to Potential Proposers

DDSD

Procurement

4/25/2025 2:00 p.m.

Oregon Buys:

https://oregonbuys.gov/bso/view/log in/login.xhtml.

3. Pre-proposal Conference

DDSD

Procurement None N/A

4.

Submission of Written Questions Requests for Clarifications/ Protests of RFP contents

Potential Proposers

5/16/2025 4:00 p.m.

Patt Komar Director of Administrative Services, dd_purchasing@ddouglas.k12.or.

us

5. Release of Last Addendum Prior to Submission of Proposals

DDSD

Procurement 5/19/2025 Emailed to all requestors by DDSD procurement

6. Submission of Proposals:

Documents 1 & 2 Proposers 5/27/2025

2:00 p.m.

Oregon Buys:

https://oregonbuys.gov/bso/view/log in/login.xhtml.

7. Public Opening Proposers

DDSD

Procurement

Ten (10) minutes after the submission deadline

DDSD Business Office 11300 NE Halsey St.

Portland, OR 97220 Streamed on Google Meet:

https://meet.google.com/btb-imor-hdh?hs=122&authuser=0

8. Proposal Evaluation Evaluation Committee TBD DDSD Administrative Offices

9. Notice of Finalists DDSD Procurement

To be determined (only if needed)

10. Interviews of Finalists Evaluation Committee

To be determined (only if needed)

David Douglas District Office 11300 NE Halsey St.

Portland, OR 97220

11. Notice of Intent to Award DDSD Procurement

1 Day following final Evaluation Committee Meeting

12. Deadline for Filing Protest of Award Proposer(s) Seven (7) calendar days from Issue date of Notice of Intent to Award

Protest must be filed by 4:00 p.m.

13. Contract Negotiations Completed Successful Proposer TBD David Douglas Administrative

Offices

14. DDSD Board Approval DDSD June 12, 2025 (tentative) DDSD Board Meeting

15. Notice of Award DDSD TBD David Douglas Administrative Offices 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/bso/view/login/login.xhtml https://meet.google.com/btb-imor-hdh?hs=122&authuser=0

RFP 4.25.25.1 Page 7 of 29

B. EXPLANATION OF SELECTION PROCESS EVENTS

1. LEGAL PUBLICATION

DAVID DOUGLAS SCHOOL DISTRICT NO. 40

• 11300 NE Halsey St. • PORTLAND, OR 97220 • (503) 261-8212

RFP Number 4.25.25.1

REQUEST FOR PROPOSALS FOR

CHILDCARE SERVICES

David Douglas School District No. 40 is requesting written proposals for firms/organizations to provide on-site school-aged childcare services at District locations. Services provided will include before and after school childcare (during the regular school year and during summer school); full-day childcare on non-school days during the school year when the school is open; and full-day childcare during winter, spring and summer breaks.

The District Business Office is the sole point of contact in the District for this selection process. Proposals may be obtained after 2 p.m., Friday, April 25, 2025 through the Oregon Buys website:

https://oregonbuys.gov/bso/view/login/login.xhtml.

All correspondence pertaining to this RFP, should be directed to:

Patt Komar David Douglas School District, Business Department 11300 NE Halsey St.

Portland, OR 97220

(503) 261-8212, or by e-mailing dd_purchasing@ddouglas.k12.or.us with a request for the RFP.

Proposals will be electronically accepted through the Oregon Buys website:

https://oregonbuys.gov/bso/view/login/login.xhtml. until May 27, 2025, at 2:00 p.m. Pacific Time. Proposers who attend the closing will be informed only of the names of the proposers submitting proposals. No other information will be made available at this time.

The District reserves the right to reject any proposal not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all proposals upon a finding of the District it is in the public interest to do so. Proposals that do not meet the response requirements may not be considered by David Douglas School District.

No proposal will be received or considered by the District unless the bid contains a statement as to whether the Proposer is a resident bidder as defined in ORS 279A.120.

Patt Komar, Director of Administrative Services Published: April 25, 2025 Published in: Daily Journal of Commerce https://oregonbuys.gov/bso/view/login/login.xhtml mailto:dd_purchasing@ddouglas.k12.or.us

RFP 4.25.25.1 Page 8 of 29

2. ISSUE RFP AND AVAILABILITY

This RFP is issued by David Douglas School District No. 40. The Request for Proposals (RFP) document consists of all the items listed in the Table of Contents and all items incorporated in this RFP.

RFP documents and addenda can also be requested from the Contact on Page 1 of this Request for Proposal.

3. OPTIONAL PRE-PROPOSAL MEETING (NOT HELD)

Pre-proposal meetings will not be held.

4. SUBMISSION OF WRITTEN QUESTIONS / REQUEST FOR CLARIFICATIONS

Any Proposer requiring clarification of the information provided in this solicitation may submit specific questions or comments in writing to the Procurement Contact shown on Page 1 of this document.

Email is the preferred form of written communication. The deadline for the submission of written questions is identified in the Sequence of Solicitation Events schedule.

All questions shall be submitted in writing to the Purchasing Contact on Page 1 of this Request for Proposal.

REQUEST FOR CHANGE OR PROTEST OF SOLICITATION SPECIFICATIONS OR CONTRACT

PROVISIONS

1) Time for Submission of Request for Change or Protest. Requests for change or protests of solicitation specifications or contract provisions shall be presented to DISTRICT’s Procurement Contact, in writing, by the deadline in the Sequence of Solicitation Events.

Such request for change or protest shall include the reasons for the request or protest, and any proposed changes to specifications or provisions. No request for change or protest of the content of solicitation specifications or contractor provisions shall be considered after the deadline established for submitting such request or protest.

2) Filing Request or Protest. All requests for changes in specifications regarding this RFP must be submitted in writing no later than the date in the Sequence of Events. All written requests or protest must be delivered by the deadline to the Purchasing contact on the cover of this solicitation.

3) Extension of Closing Date. If any request for change or protest is received in accordance with section (1) above, the proposal closing date may be extended if DISTRICT determines an extension is necessary to allow consideration of the request or protest and issuance of any addenda to the solicitation documents.

4) Identification of Request for Change or Protest. Envelopes containing requests for change or protests of solicitation specifications or contract provisions shall be marked as follows:

a) Solicitation Specifications (or Contract Provisions)

b) Request for Change (or Protest)

c) Solicitation Document (or Other Identification)

Envelopes containing requests for protests of solicitation shall be marked as follows:

Protest of Contract Award RFP Title

RFP#

RFP 4.25.25.1 Page 9 of 29

5. LAST ADDENDUM PRIOR TO SUBMISSION OF PROPOSALS

If DISTRICT determines that a change or clarification to the solicitation documents is necessary, such change or clarification will be supplied in a written addendum. Such addendum will also be forwarded to all vendors that attended the pre-proposal conference. Addenda shall have the same binding effect as though contained in this RFP. Statements made by DISTRICT’s representatives are not binding on DISTRICT unless confirmed by a written addendum.

The Purchasing Contact shall issue all addenda by the deadline in the Sequence of Solicitation Events.

This is the deadline by which DISTRICT must issue all addenda for this procurement so that Proposers have time to finalize their proposals. Refer to the schedule of events section for identification when the last addendum will be sent to all RFP requestors. DISTRICT may issue an addenda no later than seventy-two (72) hours prior to the proposal due date to all recorded holders of the RFP who attended the mandatory meeting (if one was required) if a substantive clarification is required.

All addenda shall become part of the Request for Proposals and any information required shall be included in each Proposer’s proposal.

6. SUBMISSION OF PROPOSALS

Each proposal will consist of one original copy in the form of Attachment A – Proposal Form.

This document shall be submitted electronically through Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.xhtml. and submittal of proposals are due by the deadline in the Sequence of Solicitation Events.

It is the Proposer’s sole responsibility to ensure that its proposal is submitted electronically prior to the RFP closing date and time.

Proposals submitted electronically after the deadline will be deemed non-responsive and will be Rejected. It is solely the Proposer’s responsibility to ensure that Proposals are submitted electronically by the appointed date and time. Proposals may be submitted electronically early to avoid any possible delay of the submission.

Proposals must be submitted electronically through Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.xhtml. No other method of delivery will be allowed.

Hand carried/delivered or shipped/mailed by common carrier, courier of US Postal Service, telephone, telegraphic, facsimile or e-mailed package offers will NOT be accepted.

By submitting a proposal for the Contract, the Proposer expressly represents that the Proposer has read and understands the terms and conditions contained in this RFP, and that Proposer agrees to be bound by such terms and conditions. A Proposer further represents that it takes no exception to any terms, conditions, obligations, or requirements of the form of Contract.

RFP 4.25.25.1 Page 10 of 29

7. PUBLIC OPENING

Proposals will be opened publicly at ten minutes after the deadline on the date and at the location listed in the Sequence of Solicitation Events. The opening will only announce proposers who have submitted proposals for the RFP. Proposals shall not be open to public inspection until after a Proposer has been selected for award of the contract.

The bid opening shall be streamed on Google Meet at https://meet.google.com/btb-imor-hdh?hs=122&authuser=0

8. PROPOSAL EVALUATION

The Evaluation Committee will meet to review all proposals.

The Evaluation Committee, after review of the proposals and/or Interviews may request clarifications on information submitted by any and all Proposers in a written format, with a specified deadline for response.

The Evaluation Committee will hold interviews with the highest-ranked Proposers. The Committee shall determine the rankings without the possibility of a tie.

9. NOTICE OF FINALISTS

The Evaluation Committee will hold interviews for this procurement, and DISTRICT Procurement shall notify all Proposers in writing stating which Proposers will be invited to interview. Note: The Evaluation Committee may hold interviews with only the highest-ranked proposals, where there is a natural break in the scoring.

The Evaluation Committee, after review of the proposals and/or Interviews may request clarifications on information submitted by any and all Proposers in a written format, with a specified deadline for response.

The number of interviews held will be at the discretion of the Evaluation Committee.

10. INTERVIEWS OF FINALISTS

If interview(s) are to be held, the date, time, and location of the Interview Meeting will be included with the notice to those Proposers selected for interview. A list of questions shall be distributed to the Finalist Proposers that includes the points to be allocated to each question.

NOTE: A “Pre-Interview” meeting may be held by DISTRICT Procurement, if it is determined it is in the best interest of the short-listed Proposers and the Project, to answer questions regarding the interview process, and to distribute the list of prepared questions to be addressed.

11. NOTICE OF INTENT TO AWARD

DISTRICT Procurement shall prepare the Notice of Intent to Award and send it to all proposers including the selected proposer(s).

RFP 4.25.25.1 Page 11 of 29

DISTRICT intends to award this procurement to the highest ranked Proposer(s) in accordance with the Request for Proposals requirements. Further, based on the district’s needs, DISTRICT reserves the right to issue multiple awards. DISTRICT reserves the right to reject any and all proposals, to waive technical irregularities, and to award the contract to the Proposer whose proposal it deems to be in the best interest of DISTRICT.

Contract term will be one year effective July 1, 2025 with options to renew for up to three (3) additional one-year terms.

*NOTE: Please read all of the RFP documents carefully for mandatory requirements.

12. PROTEST OF AWARD

DISTRICT’s written notice of intent to award shall constitute a final decision of DISTRICT to award the contract or proceed with the purchase if no written protest of the contractor award is filed with the DISTRICT’s Business Department within seven (7) calendar days following issuance of the Notice of Intent to Award.

Following the Notice of Intent to Award, the public may view proposal documents. However, any proprietary information so designated by the Proposer as a trade secret or confidential information and meeting the requirements of ORS 192.501, 192,502 and/or ORS 646.461 will not be disclosed. At this time, any Proposers not awarded the contract may seek additional clarification or debriefing, request time to review the selection procedures or discuss the scoring methods utilized by the evaluation committee.

If a protest of contract award is timely filed by an adversely aggrieved proposer, the award documents shall constitute a final decision of DISTRICT only upon issuance to the protesting proposer of a written decision denying the protest and affirming the selection or the award.

All protests must be received by the deadline as specified in the Sequence of Solicitation Events.

A. Right to Protest.

In order to be an adversely affected Proposer with a right to submit a written protest, a Proposer must itself claim to be eligible for Award of the Contract in the event the Protest were successful and must be next in line for the Award. In addition, the adversely affected Proposer must demonstrate that the reason for the Protest is that:

(i) all higher-ranked Proposers are ineligible for Award of the Contract because their Proposals were non-responsive;

(ii) DISTRICT has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in this RFP;

(iii) DISTRICT has abused its discretion in rejecting the Protesting Proposer's proposal as nonresponsive; or

(iv) the District's evaluation of the proposals or its subsequent determination of award is otherwise in violation of ORS Chapter 279A or 279B.

The written protest shall specify the grounds upon which the protest is based and suggested changes that may remedy the defects. An issue that could have been addressed by filing a request for change or protest of the solicitation specifications or contract provisions pursuant to Section 4 -

REQUEST FOR CHANGE OR PROTEST OF SOLICITATION SPECIFICATIONS OR CONTRACT

PROVISIONS above shall not be grounds for protest of award.

RFP 4.25.25.1 Page 12 of 29

B. Contents of Solicitation Protest.

Protests must be timely, must include all legal and factual information regarding the protest, and include a statement of the form of relief requested.

The protest must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based.

The protest must specifically state the reason for the protest and show how its proposal or the winning proposal was mis-scored or show how the selection process deviated from that described in the solicitation document.

The exercise of judgment used by the evaluators in scoring the written proposals and interviews, including the use of outside expertise, is not grounds for appeal.

The prospective Proposer’s written solicitation protest must include all of the following:

1. Sufficient information to identify the solicitation that is the subject of the protest.

2. The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed, or improperly specifies a Brand Name;

3. Evident or supporting documentation that supports the grounds on which the protest is based, and

4. 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.

Envelopes containing requests for protests of solicitation shall be marked and addressed as follows:

Protest of Contract Award RFP Title:

RFP #:

David Douglas School District No. 40 Attn: Patt Komar 11300 NE Halsey St.

Portland, OR 97220

C. Authority to Resolve Protests

The superintendent or the superintendent's designee shall have the authority to settle or resolve a written protest. The Director of Administrative Services may waive any procedural irregularities that had no material effect on the selection of the proposed contractor, invalidate the proposed award, amend the award decision, request the evaluation committee re-evaluate any proposal or cancel the solicitation and begin a new solicitation.

D. Resolution – Once the protest has been reviewed, a revised notice of intent to award may be issued. Confirmation of the protest resolution will be sent to the initial Proposer(s) identified in the Intent to Award and the Proposer that submitted the protest.

RFP 4.25.25.1 Page 13 of 29

Protests not filed within the time specified or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based shall be dismissed. An issue that could have been raised by request for clarification or protest of the solicitation is not a ground for protest of an award.

13. DISTRICT BOARD APPROVAL

The Procurement Department shall present the selected Proposer’s proposal to the Board of Education for approval at their next regularly scheduled meeting.

14. CONTRACT NEGOTIATIONS

Proposers are advised to thoroughly review the sample standard contract incorporated as Attachment C.

The RFP shall be based on the requirements of the RFP documents. The Proposer shall not submit a proposal anticipating that any portion of the contract documents will be changed, modified, or not enforced. However, if the Proposer believes that any portion of the Contract Documents conflicts with, or is at variance with, any law, it shall immediately notify DISTRICT in writing so that DISTRICT can analyze the situation before Proposals are submitted.

Any Proposer desiring revisions or clarifications to DISTRICT’s form of contract must file such request during the protest of solicitation/question period set forth in the Sequence of Solicitation Events of this RFP, in order for those suggested changes to the contract form to be considered by DISTRICT. By submitting a proposal in response to this RFP the vendor agrees, if selected to contract, to accept the standard contract terms and conditions shown in Attachment C, and modified by any addenda to this solicitation.

DISTRICT reserves the right to negotiate final contract terms with the awarded Proposer to the fullest extent allowed by law and as in the best interests of DISTRICT.

DISTRICT reserves the right to enter into negotiations with the apparent successful Proposer and will begin contract negotiations as soon as possible after the Notice of Intent to Award. If contract negotiations are not finalized within a reasonable period of time, DISTRICT may conclude negotiations with the selected firm and begin negotiations with the next ranked firm(s) based on final ranking.

RFP 4.25.25.1 Page 14 of 29

C. STANDARD CONDITIONS GOVERNING THE PROCUREMENT

This section contains guidelines under which this RFP is issued, and conditions concerning how the project will be completed.

1. GENERAL REQUIREMENTS

All Proposers are required to comply with the provisions of Oregon Attorney General’s Model Public Contract Rules, DISTRICT Board Policy, and any applicable Local Contract Review board policies/rules. The contents of the proposal of the successful Proposer(s) will become part of the contractual obligation, if a contract ensues. Failure of the successful Proposer(s) to accept these obligations may result in cancellation of the award. The selected vendor(s) will be required to assume responsibility for all services offered in the proposal whether or not produced by them.

Further the Proposer will notify DISTRICT of the designated person who will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

2. RESERVATIONS

DISTRICT may cancel the Procurement or reject any or all Bids in accordance with ORS 279B.100.

DISTRICT expressly reserves the following rights:

a. To reject all proposals if DISTRICT finds that it is in the public interest do so.

b. To reject any proposal or proposals not in compliance with all prescribed public contracting procedures and requirements.

c. To reject any proposal or proposals not meeting the specifications set forth herein.

d. To waive any or all irregularities in proposals submitted.

e. To consider the competency and responsibility of proposers in making any award as provided in ORS 279C.375(3)(b).

f. To award all projects to a single Proposer, award single projects to a Proposer, or a subset of the projects to a single Proposer(s) as DISTRICT deems appropriate.

g. In the event any proposer or proposers to whom a contract is awarded shall default in executing said formal contract or in furnishing a satisfactory performance bond within the time and in the manner hereinbefore specified, to re-award the contract to another proposer or proposers.

h. To make the award based on their best judgment as to which merchandise or services comply with the specifications.

i. To not award contracts for any of the individual projects if deemed in the best public interest.

j. To request references and other information to determine responsiveness.

k. To award any or all parts of any proposal.

RFP 4.25.25.1 Page 15 of 29

3. AMENDMENTS OR MODIFICATIONS TO A PROPOSAL BY PROPOSER

Once submitted, proposals may be modified in writing prior to the time and date set forth in the proposal closing. Any modifications shall be prepared on the proposer’s letterhead, signed by an authorized representative of the proposer, state that the new document supersedes or modifies the prior proposal and must be submitted electronically through the Oregon Buys website:

https://oregonbuys.gov/bso/view/login/login.xhtml.

4. PROPOSER’S RIGHTS TO WITHDRAW PROPOSAL

Proposals may be withdrawn by written notification on the proposer’s letterhead, signed by an authorized representative of the proposer, and received prior to the time and date set for proposal closing. The withdrawal must be submitted electronically through the Oregon Buys website:

5. INCURRING COST

Any cost incurred by the Proposer in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Proposer. DISTRICT is not liable to any Proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a proposal.

6. THIRD-PARTY OR SUBCONTRACTING CONTRACTOR CONTRACT RESPONSIBILITIES

Direction of all work that may result from this procurement must be performed by the Proposer and payments will only be made to the Proposer.

Use of consultants identified in the proposal is permitted, but since the award is made on a quality-based evaluation process, reassignment of Contractor duties and responsibilities to a third party is not acceptable and any replacement of subcontractors identified in the proposal after the award and prior to contract execution may cause the Proposer to be disqualified.

7. DISCLOSURE OF PROPOSAL CONTENTS

Pursuant to ORS 279B.060(6), proposal contents will be kept confidential until conclusion of the selection and notice of intent to award. At that time, all proposals will be open to the public, except for the material which has clearly been noted and determined by DISTRICT Procurement to be proprietary or confidential as noted by the Proposer.

RFP 4.25.25.1 Page 16 of 29

8. CONFIDENTIAL DATA

DISTRICT is subject to the Oregon Public Records Law (ORS 192.410 to 192.505) which requires DISTRICT to disclose all records generated or received in the transaction of DISTRICT business, except as expressly exempted in ORS 192,501, 192,502, or other applicable law. Examples of such exemptions are trade secrets (ORS 192.501(2)) and computer programs (ORS 192.501(15)).

Pursuant to ORS 192.501(2); 646.461 to 646.475, all information contained in the response designated as confidential must be clearly marked and separated from other non-confidential information at the time the response is submitted. Any pages of a proposal on which the Proposer has stamped or imprinted “proprietary” or “confidential” must be readily separable from the proposal in order to facilitate public inspection for the non-confidential portion of the qualifications-based proposal.

Proposer must cite the specific statutory exemption in Oregon Records Law exempting such pages from disclosure.

Proposers may not mark an entire proposal confidential. Should a proposal be submitted in this manner, DISTRICT will hold no portion of the proposal as confidential, unless such a portion is segregated and is determined exempt from Oregon Public Records Law.

Notwithstanding the above procedures, DISTRICT reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that DISTRICT is directed to disclose by the Multnomah County District Attorney or by a court of competent jurisdiction. Prior to disclosing such information, DISTRICT will make reasonable attempts to notify the Proposer of the pending disclosure.

9. TERMINATION OF RFP

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when DISTRICT determines such action to be in the best interest of DISTRICT. The RFP process may be terminated at any time if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Proposer.

10. SUFFICIENT APPROPRIATION

Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. DISTRICT’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final. If the determination is made that there is insufficient funding to continue or finalize a project the successful Proposer will be compensated to the level of effort performed, as authorized by the DISTRICT prior to that determination.

11. PROPOSER QUALIFICATIONS

The Evaluation Committee may consider any relevant information or data, from any reliable source (references) relating to the RFP evaluation factors and the Proposer’s ability to successfully perform.

Such information may be obtained from the Proposer’s prior customers, commercial and public databases or other reliable sources.

The Proposer shall furnish to DISTRICT all such information and data for this purpose as DISTRICT may request including but not limited to proof of financial resources, production or service facilities, personnel and experience adequate to complete the project. DISTRICT reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Proposer fails to satisfy

RFP 4.25.25.1 Page 17 of 29

DISTRICT that such Proposer is qualified to carry out the obligations of the Contract and to complete the work described therein.

The Evaluation Committee may reject the proposal of any Proposer who is not a responsible Proposer or fails to submit a responsive offer.

12. RIGHT TO WAIVE TECHNICAL IRREGULARITIES

The Evaluation Committee reserves the right to waive technical irregularities, (see “Technical Irregularities” in Definitions and Terminology section below). The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

13. RELEASE OF INFORMATION

Only DISTRICT is authorized to release information covered by this RFP. Proposers must refer to DISTRICT any requests to release any information that pertains to the work or activities covered by any action or award related to this RFP.

14. DISQUALIFICATION

Any attempt by a Proposer to improperly influence a member of the evaluation committee during the proposal review and evaluation process shall result in proposal rejection.

The omission of any material fact concerning requested information, or the submission of any material false or misleading statement, or misrepresentation of a material fact concerning any requested or submitted information, may lead to the disqualification of a proposal as ‘non-responsive’.

15. NON-CONFORMING PROPOSALS

Proposals will be reviewed, for completeness, format and compliance with the requirements of the RFP. Incomplete proposals will be considered non-responsive and subject to rejection.

Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by DISTRICT, at its option.

If any proposal is deemed non-responsive by the Evaluation Committee, the Proposer will be notified in writing of such determination.

16. ACCEPTANCE OF CONDITIONS

Each proposer by the submission of a proposal assents to each and every term and condition set forth anywhere in these specifications and agrees to be bound thereby.

17. REPRESENTATIONS AND WARRANTY

Contractor represents and warrants to DISTRICT that any and all work under the resulting contract shall be performed in a good workmanlike manner and in accordance with the highest professional standards. In addition, Contractor warrants employees assigned to perform services(s) under this contract will have the required qualifications and licenses to perform their normal professional duties.

Upon request, Contractor will provide DISTRICT with additional information concerning Contractor’s employees’ qualifications and expertise to assist District in confirming with internal DISTRICT rules and policies.

RFP 4.25.25.1 Page 18 of 29

18. TAX EXEMPTION

Prices quoted should not include Federal Excise or Transportation taxes, nor State or Sales tax as DISTRICT is exempt from such taxes. Federal Excise Tax exemption certificate will be furnished, if required.

19. SITE VISITS/INFORMATIONAL ACTIVITIES

As per ORS 279B.060(7), at any point before or after the opening of proposals, DISTRICT may conduct site visits, demonstrations, informational and group activities with Proposers for the purpose of clarification to ensure full understanding of, and responsiveness to, the solicitation documents or to consider and respond to requests for modifications to the proposed requirements. DISTRICT will use procedures designed to accord Proposers fair and equal treatment with respect to any opportunity for discussion and revisions of proposals.

20. SUBMITTED MATERIALS

All material submitted for any portion of a proposal in response to this RFP, or during any tier of this solicitation, shall become the property of DISTRICT and will not be returned to the Proposer.

21. INVESTIGATION

The Proposer shall make all investigations necessary to be informed regarding the service(s) to be performed under this request for proposal.

22. CANCELLATION/MODIFICATION

DISTRICT reserves the right to modify, revise or cancel this RFP. Receipt and evaluation of proposals or the completion of interviews do not obligate DISTRICT to award a contract.

RFP 4.25.25.1 Page 19 of 29

D. DEFINITIONS AND TERMINOLOGY

This section contains definitions that are used throughout this Request for Proposals (RFP), including appropriate abbreviations.

TERM DEFINITION

Award of Contract

A formal written notice by the District that a firm has been selected to enter into negotiations for a contract for construction services.

Contract An agreement between David Douglas School District and an Oregon licensed contractor for the work covered by this RFP.

Contract Documents

Any one, or combination, of the following documents: Request for Proposal, Addenda, Agreement Between the Owner and the Contractor for General Conditions of the Contract, and the drawings and specifications.

Contractor Any person, corporation, or partnership that has entered into a contract with a state agency or a local public body.

Determination The written documentation of a decision made by the Evaluation Committee including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

Evaluation Committee

A body to evaluate proposals and make selection recommendation and or selection.

Firm The company or other business entity for the purpose of identifying, individually or collectively.

General Provisions

The terms “can”, “may”, “should”, “preferably”, or “prefers” identifies a desirable or discretionary item of the RFP. Failure to comply with such an item will not result in the rejection of the Proposers proposal.

Mandatory Requirements

The terms “must,” “shall,” “will,” “is required,” or “are required” identify a mandatory requirement of this RFP. Failure to comply with such a mandatory factor may result in the rejection of the Proposer’s proposal. Rejection of the proposal will be subject to review by the Evaluation Committee.

“Owner” or

“DISTRICT”

As defined in the Agreement Between the Owner and Contractor, shall be David Douglas School District No. 40

Proposal The Proposer’s response to this RFP Proposer Any person, corporation, or partnership who chooses to submit a proposal in response to this RFP, with the intent of providing construction services for this project.

Request for Proposals or

RFP

This document, any attachments incorporated by reference, and any amendments issued for use in soliciting proposals for construction of this project.

“Resident Business” or “Resident Contractor”

An entity that has a valid resident in the State of Oregon.

RFP 4.25.25.1 Page 20 of 29

Responsive Offer or Responsive Proposal

An offer or proposal which conforms in all material respects to the requirements set forth in the RFP as determined by the Evaluation Committee/DDSD Procurement.

Material respects of an RFP include, but are not limited to quality, quantity or delivery requirements.

Responsible Proposer

A Proposer who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services described in the proposal.

Selection A formal written notice by the construction buyer, DDSD Procurement, that a firm has been selected to enter into a contract to provide this service.

Technical Irregularities

Are matters of form rather than substance evident from the proposal document, or insignificant mistakes that can be waived or corrected without prejudice to other Proposers; that is, when there is no effect on price, quality or quantity. The Evaluation Committee / DDSD Procurement may waive such irregularities, or allow a Proposer to correct them, if either is in the best interest of David Douglas Public Schools. Examples include the failure of a Proposer to:

a) Submit the number of signed proposals required by the RFP;

b) Sign the proposal, but only if the unsigned proposal is accompanied by other material indicating the Proposer’s intent to be bound; or

c) Acknowledge receipt of an amendment to the RFP, but only if: a) it is clear from the proposal that the Proposer received the amendment and intended to be bound by its terms; or b) the amendment involved had no effect on price, quality or quantity.

User The school district staff occupying the facility or facilities, for which a project is being designed.

User Contact The person designated by the District to speak on behalf of the staff concerning the scope of work and programming requirements for the project.

RFP 4.25.25.1 Page 21 of 29

III. PROPOSAL PREPARATION AND SUBMITTAL

A. SUBMISSION REQUIREMENTS

The following describes the required format for providing a response to this RFP. DISTRICT reserves the right to consider non-responsive any submission that does not adhere to this format. The purpose of this section is to ensure uniformity in the submission of information essential to the understanding and evaluation of each firm’s qualifications. There is no intent to limit the contents of responses.

Proposers shall refrain from including marketing materials.

1. GENERAL PROPOSAL REQUIREMENTS

Submit responses as follows:

• PDF Electronic version.

• Use 8.5% x 11” formatting.

• Basic text information should not be smaller than 10-point type.

• Responses must be typed.

• All erasures, or other changes must be initialed by the person signing the response.

• All sections shall be separated by numbered tabs that correspond to the Proposal Content

Requirements, 1 through 4. Pages within each Tab shall be numbered consecutively.

• If there are any questions regarding format requirements, please contact the purchasing contact on Page 1 of this document, prior to submission of Documents.

All proposals will be evaluated on the completeness and quality of the content.

2. FORM OF SUBMISSION

Responses must be submitted electronically through Oregon Buys:

Responses may not be submitted by hand carried/delivered or shipped/mailed by common carrier, courier of US Postal Service, telephone, telegraphic, facsimile or e-mailed package.

Responses must be received by the closing date and time stated on the face of this document.

Submit responses electronically through Oregon Buys:

RFP 4.25.25.1 Page 22 of 29

3. CONFIDENTIAL INFORMATION IN THE PROPOSAL

Pursuant to ORS 192.501(2); 646.461 to 646.475, all information contained in the response designated as confidential must be clearly marked and separated from other non-confidential information at the time the response is submitted. See Section 8 under Standard Conditions Governing the Procurement.

4. NUMBER OF PROPOSALS

An original proposal is deemed to consist of one original in the form of Attachment A – Proposal Form.

Only one (1) complete original proposal may be submitted by each Proposer and must be marked as ORIGINAL on the COVER.

RFP 4.25.25.1 Page 23 of 29

B. PROPOSAL CONTENT REQUIREMENTS

This section describes the content for the different sections of the proposal. Any proposer who does not include the content may have their proposal deemed incomplete and not be evaluated.

Section 1: Proposal Form Proposals should be submitted using the Proposal Form (Attachment A) and should include the following information:

1. Proposer information: Name of Contractor, RFP Number and Title

2. Please describe the program you will develop and provide in response to the District’s Statement of Work on Page 5 of the Request for Proposals: Maximum Points Available: 30 points

3. Please describe your ability to provide additional activities during breaks, such as, but not limited to, field trips, STEM, arts and crafts, literacy and physical activities. Maximum Points Available: 10 points

4. Please describe your staffing capabilities, experience and knowledge providing childcare services for K-12 organizations. Maximum Points Available: 20 points

5. Please indicate your availability to provide childcare services by checking the boxes for the District’s sites listed on the Proposal Form. The sites requiring childcare services are dependent on availability due to yearly District construction and childcare program determinations. Please also indicate the total number of children the program can serve. Maximum Points Available: 20 points

6. Fee Schedule - Maximum Points Available: 15 points The proposal shall include your firm’s fee structures, with hourly rates for each category of staff and anticipated billable hours throughout the course of developing and implementing childcare.

7. Please provide contact information for three references. Maximum Points Available: 5 points

8. Contractor’s Costs and Fees:

a. The bid should specify the manner of payment if it is to be other than specified in this RFP.

b. Proposal should have the original signature of person authorized to sign documents on behalf of the proposing firm.

c. Prices proposed should cover all proposed work in the Proposal.

d. In submitting this proposal, each Proposer must satisfy all terms and conditions of the

Proposal Documents. All work covered by this Request for Proposals shall be in accordance with applicable state laws.

e. If contractor expects District to assist with criminal background checks, contractor should include costs of $89.75 per person in their proposal.

General Terms for Proposals:

1. Proposal price shall not include state gross receipts or local options taxes.

2. All costs for labor and materials shall be included in the proposal.

3. In submitting this proposal, each Proposer must satisfy all terms and conditions of the Proposal Documents. All work covered by this Request for Proposals shall be in accordance with applicable state laws.

RFP 4.25.25.1 Page 24 of 29

Before submitting a proposal, each Proposer shall carefully examine the RFP; and shall include in the proposal the cost of all items required by the RFP. If the contractor observes that portions of the Contract Documents are at variance with applicable laws, building codes, rules, regulations or contain obvious erroneous or uncoordinated information, the contractor shall promptly notify the specified DDSD Representative and the necessary changes shall be accomplished by addendum.

4. Additionally, DISTRICT will not pay for business licenses, professional affiliations and similar costs of doing business which are the Proposer's obligation to secure and maintain.

Section 2: W-9 Please include a copy of your firm’s W-9

Section 3: Proposer Certifications Form Each proposal shall include a completed Proposer Certifications and Representations form signed in ink. An electronic signature shall be accepted in lieu of an original handwritten signature. See Attachment B - Proposer Certification Form

Section 4: Acknowledgement of Addenda Include in this section a signed copy of each addenda to the RFP.

RFP 4.25.25.1 Page 25 of 29

IV.