Addendum 4_25.11.07_DOJ approved.pdf
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- Solicitation number
- S-DASOBO-00013701
- Issued by
- Marion County, Oregon
About this file
This is Addendum #4 to Request for Proposals S-DASOBO-00013701, issued by the State of Oregon Department of Administrative Services State Procurement Services (DAS SPS) and Oregon Department of Education (ODE) for USDA Child Nutrition Program Food Distribution Agreements. The addendum modifies Section 5.4 regarding Price Agreement Negotiations to clarify the scope of negotiable contract terms. The modification specifies that following selection of the apparent successful proposer, DAS SPS may negotiate changes only to the Statement of Work, specifically the Sample Price Agreement Exhibit A covering Description of Goods and Prices. All other provisions of the Sample Price Agreement are considered non-negotiable standard terms. If the parties cannot reach mutually agreeable terms within 10 calendar days, DAS SPS reserves the right to terminate negotiations and commence discussions with the next highest-ranking proposer. Protests to this addendum must be submitted by Tuesday, November 11th at 5:00 PM PT using the procedures outlined in RFP Section 4.4, and the addendum was approved by Jack McDonald, Senior Assistant Attorney General, on November 7th, 2025.
This addendum reinforces that the State of Oregon views modifications to standard contract provisions as creating increased risk and increased costs, requiring all negotiated changes to receive prior approval from the Oregon Department of Justice. The limitation on negotiable terms protects the state's interests while maintaining transparency regarding which contract elements remain subject to discussion during post-award negotiations. The 10-calendar-day negotiation window establishes a clear timeline for reaching agreement before the state pursues alternative proposers, ensuring efficient contract execution and allowing for timely contract commencement targeted for February 2026.
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S-DASOBO-00013701 USDA CNP Food Distribution Agreements Page 1 of 2
Addendum #4
RFP S-DASOBO-00013701
USDA Child Nutrition Program Food Distribution Agreements
SECTION 1: PURPOSE
The purpose of this addendum is:
1.1 MODIFICATION OF LANGUAGE – 5.4 Price Agreement Negotiation
SECTION 2: MODIFICATIONS
All modifications are made as follows. Deleted language is indicated by strikethrough font and new language is indicated by bold underlined font.
1.1 Section 5.4 Price Agreement Negotiations is modified as follows
5.4.1 Negotiation
After selection of a successful Proposer(s), DAS SPS may enter into Price Agreement negotiations with the successful Proposer(s). By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.
Proposer shall review the attached Sample Price Agreement and note exceptions.
Proposer must submit those exceptions to DAS SPS during the Questions / Requests for Clarification period set forth in Section 1.2. If DAS SPS agrees to make any requested changes to the Sample Price Agreement, DAS SPS will issue an Amendment to notify Proposers of such changes. Unless DAS SPS issues an Amendment modifying any of the terms and conditions, DAS SPS intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).
Following the selection of the apparent successful Proposer, DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Price Agreement listed below. However, DAS SPS is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.
Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.
S-DASOBO-00013701 USDA CNP Food Distribution Agreements Page 2 of 2
Agency is willing to negotiate ONLY the Statement of Work (Sample Price Agreement, Exhibit A – Description of Goods and Prices).
In the event that the parties have not reached mutually agreeable terms within 10 calendar days, DAS SPS may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.
SECTION 3: PROTEST
Protests to this addendum must be submitted in the same manner required in RFP Section 4.4 – Solicitation Protests and are due by Tuesday, November 11th @ 5:00PM PT.
Approval by the Department of Justice pursuant to OAR 137-045-0035:
By: Jack McDonald, Senior AAG, via email 11/7/25
END OF ADDENDUM #4
| RFP S-DASOBO-00013701 |
| USDA Child Nutrition Program Food Distribution Agreements |
| SECTION 1: PURPOSE |
| 1.1 MODIFICATION OF LANGUAGE – 5.4 Price Agreement Negotiation |
| SECTION 2: MODIFICATIONS |
| SECTION 3: PROTEST |
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