CPSD 6 RFP for Cafeteria Furniture Crater 2024~1.pdf

Crater Cafeteria Furniture – RFP 2024

Rev 4/1/2024

REQUEST FOR PROPOSAL

Cafeteria Furniture

PROPOSALS DUE APRIL 30th, 11:00 AM LOCAL TIME

AT THE CENTRAL POINT SCHOOL DISTRICT #6

NUTRITION/MAINTENANCE BUILDING

c/o Anne Leavens

1003 MANZANITA ST

CENTRAL POINT, OR 97502

Anne.leavens@district6.org

ANNE LEAVENS

541-494-6911

SOLICITATION NO: 1

Nondiscrimination. The contractor agrees to comply with (a) Title IV of the Civil Rights Act of 1964, (b) Section V of the Rehabilitation Act of 1973, (c) The Americans with Disabilities Act of 1990 and ORS.659.425, (d) all regulations and administrative rules established pursuant to the foregoing laws and (e) all other applicable requirements of federal and state civil rights and rehabilitations statutes, rules, and regulations

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Table of Contents Section I 3 Instruction to Proposers

Section II 8 General Provision

Section III 11 Special Terms and Conditions

Section IV 14 Proposal Submittal Procedures

Section V 16 Proposal Submittal Form

Attachment A 24 Suspension and Debarment Certification

Attachment B 26 Disclosure Exemption Affidavit

Attachment C 29 Proposer Information and Certification Sheet

Attachment D 31 Reference Check Form

Attachment E 33 Certificate of Independent Price Determination

Attachment F 34 Small Minority, Women, and Labor Surplus Firms Outreach Plan

Attachment G 36 Clear Air and Water Certification

Attachment H 38 Responsibility Inquiry

Attachment I 42 Certification Regarding Federal Matters

Attachment J 43 Certification Regarding Lobbying Disclosure of Lobbying Activities

Signed Addenda Will be provided if needed and posted to the CPSD 6 ND homepage webpage, https://cpsd6food.com/

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Central Point School District – Nutrition Services Department

REQUEST FOR PROPOSAL

Cafeteria Furniture

GENERAL INFORMATION

Central Point School District #6 – Nutrition Department is submitting a Request for Proposal (RFP) for competitive proposals from qualified vendors to provide cafeteria furniture for the Nutrition Services Department. Vendors who demonstrate an ability to meet the enclosed requirements, specifications and timelines are invited to submit a proposal as specified herein.

Method of Award The Central Point School District #6 – Nutrition Department intends to award the most successful bidder.

Proposal Submission Each Proposer shall submit an electronic or mailed proposal to anne.leavens@district6.org. If the proposer prefers to mail the electronic submission that can be done via a flash drive. Submission must be received by April 30, 2024, at 11:00am pacific standard time by either email or mail. If sent by mail, please note that our meal is not regularly dropped off and you may want to send with a return receipt of delivery. Mailing address is:

Anne Leavens c/o CPSD 6 Nutrition Services Dept 1003 Manzanita Street Central Point, OR 97502

Proposals must be received by Anne Leavens, the Central Point School District #6 Food Service and Maintenance Building, located at 1003 Manzanita St, Central Point, OR 97502, no later than April 30, 2024, at 11:00 AM Local Time at which time and place acceptance of proposals will be closed, and all proposals then received will be opened but not read. Proposals delivered after the deadline. Proposals submitted will remain confidential until a notice of intent to award has been issued by the Central Point School District #6 – Nutrition Department.

Questions and comments regarding this Request for Proposal, its terms and conditions, should be directed to Anne Leavens,

(541) 494-6911 or by email anne.leavens@district6.org. Please review the enclosed document carefully.

Calendar of Events

Event Deadline/Date

Issue Request For Proposals April 1, 2024

Proposer’s written questions and requests received by April 16, 2024

Release of Addenda to RFP, if appropriate April 23, 2024

Proposals DUE April 30, 2024, 11:00 AM

Evaluation of Proposals May 1 - 2, 2024

Interviews, if necessary: May 3, 2024

Intent to Award by May 6, 2024

Protest Period May 7 -10, 2024

Contracts signed by May 13, 2024

We will make every effort to administer the proposal process in accordance with the Calendar of Events. However, we reserve the right to modify the proposal process and dates as deemed appropriate.

mailto:anne.leavens@district6.org

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Section I

INSTRUCTION TO PROPOSERS

1. INTRODUCTION: These instructions outline the offer submission procedures, evaluation of offers, and the award of a contract. The term “CPSD 6 ND” refers to the Central Point School District #6 – Nutrition Department. The term “Proposer” refers to any entity submitting an offer in response to this solicitation. The term “Vendor” refers to any Proposer(s) awarded a contract.

2. SOLICITATION REVIEW: Proposers must carefully review this document and are responsible for knowing and understanding the terms and conditions included in, or applicable to, this document. Unless defects, ambiguities, omissions or errors are brought to the CPSD 6 ND attention in advance of the date the proposal is due, protests or appeals based on such defects, ambiguities, omissions, or errors will not be favorably considered.

3. CHANGE, CLARIFICATION OR PROTEST: Proposers may request changes or clarification to, or protest the contract terms and conditions and/or the specifications of the RFP. Proposer’s comments must be made in writing and received by the CPSD 6 ND at least fourteen (14) days prior to the RFP due date to allow enough time for issuance of an addendum, if required. Such comments shall include:

a. A detailed statement of the legal and factual grounds for the change, clarification, or protest; and

b. A description of the resulting prejudice to the Proposer; and

c. A statement of the form of relief requested or any proposed changes to the contract terms and conditions or specifications.

d. All proposals are to remain valid for sixty (60) days from the due date. All envelopes containing requests or protests must be clearly marked to facilitate handling. The CPSD 6 ND shall not consider a Proposer’s request for change or protest after the RFP due date and time. The CPSD 6 ND shall provide notice to the applicable Proposer if it entirely rejects the request or protest. If the CPSD 6 ND agrees with the Proposer’s request or protest, in whole or in part, the CPSD 6 ND shall issue an addendum reflecting its determination.

4. ADDENDA: Changes or additions to RFP documents shall be accomplished by written addenda. Addenda shall be issued prior to the RFP due date to allow Proposers sufficient time to consider the changes or additions in preparing their offers. The Proposer shall acknowledge receipt of all addenda by printing, signing, and including with their proposal all addenda pertaining to this RFP issued on the CPSD 6 ND Contracting webpage. At its discretion, CPSD 6 ND may extend the RFP due date and time to allow Proposer’s time to analyze and adjust to any changes. The CPSD 6 ND shall notify Proposers of any such changes to the due date and time in the addenda.

5. MODIFICATION OR WITHDRAWAL: Proposers may modify or withdraw their submitted proposals only prior to the RFP due date and time. Any modification or withdrawal shall be made via email, prepared on the Proposer’s letterhead, signed by an authorized representative of the Proposer, and shall state the action requested (e.g., the modified offer supersedes the prior offer; the submitted offer is withdrawn). Modifications or withdrawals must be submitted in as an email with as a PDF attachment to person designated to receive offers.

6. SUBMITTING PROPOSALS: Proposers are solely responsible for delivering offers in the designated manner to the designated delivery point prior to the RFP due date and time.

a. Emailed offers should be sent to anne.leavens@district6.org.

i. Emailed offers should have the email subject line as: RFP Submission – Cafeteria Furniture. All email proposals with this subject line will be saved to be opened April 30, 2024, at 11:00am.

ii. Include all relevant attachments within your emails to the Proposal.

b. To ensure proper identification and handling, offers that are being mailed shall be submitted in a sealed, appropriately addressed envelope marked with the RFP name in large block letters and numbers on the

4/1/2024 4 lower left quadrant. In addition, the name and address of the Proposer must appear on the outside of the sealed envelope.

c. Offers being mailed or delivered should be addressed to Central Point School District #6, c/o Anne Leavens, 1003 Manzanita Street, Central Point, Oregon. Receiving hours are 7:30 a.m. to 3:00 p.m., Monday through Friday.

d. Properly marked envelopes will not be opened until the RFP due date and time.

e. CPSD 6 ND shall not be responsible for the premature opening or failure to open an offer that is not properly addressed and identified.

7. SUBMITTAL REQUIREMENTS: For complete submittal requirements, see Section IV Proposal Submittal Procedures.

8. RECEIVING OFFERS:

a. Each offer will be electronically or mechanically time-stamped or marked by hand the date and time it was received. Offers shall be held unopened and stored in a secure place until the RFP due date and time. CPSD 6 ND shall not be responsible for the premature opening or failure to open an offer that is not properly addressed and/or identified. If offers are opened inadvertently or are opened prior to the RFP due date and time due to improper marking and identification by the Proposer, the opened offer will be resealed and stored.

b. Failure to submit proposals in the specified format shall be considered just cause for rejection of the proposal at the sole discretion of CPSD 6 ND.

c. When the proposal due date and time has passed, CPSD 6 ND will open and record the received proposals.

The number of proposals received, the identity of Proposers, or the contents of a proposal will not be disclosed to the public until all proposals are evaluated and recommendation for award has been determined.

9. LATE PROPOSALS: Proposals received after the specified due date and time shall not be considered and shall be held unopened by the CPSD 6 ND until after the award of the contract. CPSD 6 ND shall make no concessions regarding postal service or any other form of conveyance of the offer document even when timely delivery of the offer fails through no fault of the Proposer. CPSD 6 ND reserves the right, at its discretion, to consider offers that have been delayed or mishandled by CPSD 6 ND.

10. OFFER ACCEPTANCE:

a. By signing and returning a Proposal, the Proposer acknowledges it has read and understands the terms and conditions contained in the Proposal Documents and accepts and agrees to be bound by the terms and conditions of the Proposal Documents.

b. A Proposer’s offer shall be firm, irrevocable, valid and binding on the Proposer for not less than 60 Days from the Proposal due date and time unless otherwise specified. CPSD 6 ND may request either orally or in writing that a Proposer extend the time for acceptance.

11. CANCELLATION/REJECTION OF OFFERS: CPSD 6 ND may cancel the solicitation if such cancellation is in the best interest of CPSD 6 ND. CPSD 6 ND may reject for good cause any offer:

a. That is not in compliance with prescribed RFP procedures and requirements; or

b. Upon CPSD 6 ND’s written determination, it is in the public interest to do so; or

c. If the Proposer is not responsible “(“e.g., the Proposer has failed to perform under some other contract of a similar nature with CPSD 6 ND”)”; or

d. If the offer is not signed; or

e. When the Proposer fails to include acknowledgement of all addenda issued; or

f. When the offer contains an alteration or erasure, which is not initialed by the signer.

12. MISTAKES BY PROPOSER: CPSD 6 ND has the authority to waive any and all minor deviations, informalities or inadvertent nonjudgmental mistakes on any offer. Such mistakes must be a matter of form, rather than substance, 4/1/2024 5 which is clearly evident regarding the offer or an insignificant mistake that can be waived or corrected promptly without prejudice to other Proposers or CPSD 6 ND. Errors in judgment made in an offer by a Proposer shall not be waived.

13. RESPONSIVE/RESPONSIBLE PROPOSER: A responsive proposal is one that conforms in all material respects to the RFP. CPSD 6 ND reserves the right to waive technicalities or minor informalities in determining a Proposer’s responsiveness. A responsible Proposer is a person or firm that has the capability in all respects to perform fully the contract requirements, as well as the tenacity, perseverance, expertise, integrity, reliability, capacity, facilities, equipment, staff, and credit that will assure good faith performance.

14. CLARIFICATION OF RESPONSES: CPSD 6 ND reserves the right to request clarification of any item in a proposal or to request additional information necessary to properly evaluate a particular proposal. All requests for clarification and responses shall be in writing. Except for requests and responses related to a clarification necessary to evaluate whether a proposal has met minimum requirements, all requests for clarification and responses shall be provided to each evaluation committee member.

15. REFERENCES: References are required as part of the response to this solicitation. Please refer to Section IV for required references to be provided with proposal submissions. Failure to provide references as specified shall be grounds for rejection of proposal.

a. CPSD 6 ND reserves the right to investigate references including customers other than those listed in Proposer’s submission. Investigation may include past performance of any Proposer with contractual obligations, its completion or delivery of product on schedule, and its lawful payment of employees and workers.

16. PUBLICITY: News releases pertaining to this proposal will not be made without prior approval by, and in coordination with, CPSD 6 ND.

17. COLLUSION: A Proposer submitting a Proposal hereby certifies that no officer, agent or employee of CPSD 6 ND has a pecuniary interest in this Proposal; that the Proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer and that the Proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

18. RECYCLED MATERIALS AND SUSTAINABLE PRODUCTS AND PROCESSES:

a. USE OF RECYCLED MATERIALS, Vendor shall use recycled and recyclable products to the maximum extent economically feasible during the performance of the Contract.

b. PREFERENCE FOR RECYCLED MATERIALS, As required by Law, CPSD 6 ND shall prefer materials or supplies manufactured from recycled materials if the recycled product is available, and it meets the requirements set forth in the Specifications.

c. SUSTAINABLE PRACTICES AND PRODUCTS, The CPSD 6 ND supports and encourages the use of sustainable products by the Vendor. To contribute to a clean environment for present and future generations, Vendor shall utilize sustainable products to the maximum extent feasible during the performance of this Contract.

Products and practices utilized by the Vendor shall be based upon long-term environmental impact, social costs, and operational costs.

19. CONFIDENTIALITY: CPSD 6 ND is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires disclosure of records generated or received in the transaction of CPSD 6 ND business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer programs (ORS 192.501(15)). CPSD 6 ND will not disclose records submitted by a Proposer that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations.

a. All pages containing the records exempt from disclosure shall be marked “confidential” and segregated in the following manner:

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i. It shall be clearly marked in bulk and on each page of the confidential document.

ii. It shall be kept separate from the other RFP documents in a separate envelope, package, or separate email attachment.

iii. Where this specification conflicts with other formatting and response instruction specifications, this specification shall prevail.

iv. Where such conflict (in c above) occurs, the Proposer is instructed to respond with the following:

“Refer to confidential information enclosed.”

v. This statement (in d. above) shall be inserted in the place where the requested information was to have been placed.

b. Proposers who desire that additional information be treated as confidential must mark those pages as

“confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. The entire RFP cannot be marked confidential, nor shall any pricing. Should an RFP be submitted in this manner, no portion of it can be held as confidential unless that portion is segregated in the above manner and meets the above criteria.

c. Notwithstanding the above procedures, CPSD 6 ND reserves the right to disclose information that CPSD 6 ND determines, in its sole discretion, is not exempt from disclosure or that CPSD 6 ND is directed to disclose by the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, CPSD 6 ND will notify the Proposer. If the Proposer disagrees with CPSD 6 ND’s decision, CPSD 6 ND may, but is not required to enter into an agreement not to disclose the information so long as the Proposer bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals necessary to defend or support a no-disclosure decision.

20. METHOD OF AWARD:

a. The contents of the proposal of the successful Proposer will become contractual obligations if an award is made. The failure of the successful Proposer to accept any contractual obligations may result in cancellation of the award.

b. A contract shall be awarded only to the responsible Proposer that submits the highest scoring and most responsive proposal which meets and complies with all solicitation requirements as determined by the evaluation factors, provided that the proposal is reasonable, and it is in the best interest of CPSD 6 ND to accept it.

c. A Notice of Intent to Award (NIA) will be published after the evaluation process is complete. Public notice of award will be made by posting the NIA on CPSD 6 ND website.

21. EVALUATION AND AWARD:

a. Evaluation

i. CPSD 6 ND shall review offers to determine whether an offer is responsive and/or a Proposer is responsible. CPSD 6 ND will award a contract only to a responsible Proposer with a responsive offer.

ii. CPSD 6 ND may set forth special evaluation criteria (other than price) in Section III – Special Terms and Conditions that will be used to determine the successful Proposer. No offer shall be evaluated for any criteria not disclosed herein.

iii. Unless expressly authorized, Proposers shall not make their offer contingent upon CPSD 6 ND’s acceptance of any specifications of contract terms that conflict with or are in addition to those in this proposal.

b. Award.

i. CPSD 6 ND shall award the contract only to the responsible Proposer that submits the successful offer and that meets any special evaluation criteria.

ii. After the evaluation process is complete CPSD 6 ND shall provide written notice to all Proposers of

CPSD 6 ND’s intent to award the Contract (Notice of Intent to Award – NIA). Public notice of award will be made by posting the NIA on the CPSD 6 ND’s website. CPSD 6 ND’s award shall not be final until the latter of the following:

iii. Five (5) days after the date of the NIA, unless otherwise provided; or

iv. Until CPSD 6 ND provides a written response to all timely-filed protests (if any) denying the protest and affirming the award. See the Aggrieved Proposer clause for more on protests.

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22. AGGRIEVED PROPOSERS: Any adversely affected Proposer may submit a written protest of CPSD 6 ND’s Notice of

Intent to Award (NIA). Protest(s) must be received no later than 12:00 noon on the fourth (4th) calendar day after the NIA is published.

a. A Proposer is only adversely affected if the Proposer is eligible for award of the contract. The protesting Proposer must claim that the selected Proposer is ineligible for award:

i. Because their offer was non-responsive; or

ii. CPSD 6 ND committed a substantial violation of a provision in the RFP document or of an applicable administrative rule and the protesting Proposer was unfairly evaluated and would have, but for such substantial violation, been the selected Proposer.

b. The written protest must include the name of the person submitting the protest, the name of the Proposer represented by that person, the specific RFP including the solicitation number that is being appealed, and a detailed explanation of the reasons (facts of evidence) for the appeal.

c. CPSD 6 ND shall not consider a protest that is submitted after the established time period.

d. The aggrieved Proposer must serve all other Proposers with notice of its appeal to allow for rebuttal.

e. Failure to give written notice of appeal to CPSD 6 ND as provided herein constitutes a waiver by the aggrieved Proposer of any objections to the NIA.

f. Disagreement with the bidding process is not justification for appeal.

g. Protest Decision: Upon receipt of any appeal, the Procurement and Contract Manager or designee shall review the protest and submit a written decision to the protester within fourteen (14) calendar days of the date of receipt of the protest. Judicial review will be in accordance with ORS 279B.415. The aggrieved Proposer must notify the CPSD 6 ND Manager in writing before such action is taken.

23. PRICES: Prices quoted must be exclusive of federal, state, and local taxes. If the Proposer believes that certain taxes are payable by CPSD 6 ND, the Proposer may list such taxes separately, directly below the unit prices for the affected item.

24. ACCEPTANCE PERIOD: All offers submitted shall remain in force for a period of sixty (60) days in order to provide time for evaluation and approval of proposed awards. CPSD 6 ND shall request in writing any extension of this sixty

(60) day acceptance period.

25. PROPOSAL PREPARATION COSTS: CPSD 6 ND is not liable for any costs incurred by the Proposer in preparation of the Proposal.

26. CONTRACT FUNDING: Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and allocated by the member district within CPSD 6 ND, CPSD 6 ND reserves the right to cancel fixed quantity, multi-year term or requirements contracts at no penalty.

27. CONFLICTING TERMS: In the event that the Special Terms and Conditions (Section III) conflict with the General Provisions (Section II) or the Instructions to Proposers (Section I), the Special Terms and Conditions shall take precedence.

28. SAFETY: The vendor shall comply with all application provisions of the Occupational Safety and Health Act throughout the duration of the specified work

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SECTION II

GENERAL PROVISIONS

1. ACCEPTANCE: Signature on an Agreement shall constitute Acceptance of the offer including all the terms and conditions specified in the solicitation. Receipt of a fully executed Agreement shall cause initiation of performance by the Vendor. Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Vendor are rejected unless expressly agreed to in writing by an authorized representative of CPSD 6 ND.

2. APPLICABLE LAW AND DISPUTES: Any dispute with respect to this Proposal shall be governed by ORS 279B.

3. ASSIGNMENT: This Agreement or any interest hereunder shall not be assigned or transferred by the Vendor without the prior written consent of CPSD 6 ND. CPSD 6 ND shall not consent to any proposed assignment unless and until the Vendor furnishes CPSD 6 ND with two (2) executed copies of the assignment.

4. BANKRUPTCY: CPSD 6 ND may terminate this Agreement in whole or in part by written notice:

a. If the Vendor shall become insolvent or makes a general assignment for the benefit of creditors: or

b. If a petition under any bankruptcy act or similar statue is filed by or against the Vendor and is not vacated within ten (10) days after it is filed. Termination under this clause shall be in accordance with the “Termination for Default” clause.

5. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The Vendor shall comply with all applicable Federal, State and Local laws and ordinances and all lawful orders, rules and regulations hereunder, including the applicable provisions of the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Federal Civil Rights Act of 1964, the Equal Employment Opportunity Act, and all regulations and standards and any amendments issued pursuant thereto. CPSD 6 ND shall have the right to immediately terminate this agreement if the Vendor fails to comply with such acts and regulations.

6. VENDOR’S TAX ID NUMBER: If goods or services procured through the RFP must be included on a Miscellaneous Tax Statement, as described in the Internal Revenue Code, a valid tax identification number must be provided to CPSD 6 ND before payment will be made. Awarded Vendor must complete a W9 form and provide a copy to all member districts.

7. INSURANCE: Before commencing work, Vendor shall procure and maintain insurance with an insurance carrier satisfactory to CPSD 6 ND. Certificates of such insurance issued by the Vendor’s insurance carrier shall be filed with CPSD 6 ND before commencement of work. Vendor shall be additionally insured on auto and liability policies:

a. WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY: As required by statute.

b. COMPREHENSIVE AUTOMOBILE LIABILITY including owned, non-owned and hired vehicles:

c. $2,000,000.00 Combined Single Limit Bodily Injury and Property Damage any one occurrence and in the aggregate.

d. COMMERCIAL GENERAL LIABILITY to include premises operations, independent Vendors, products/completed operations, and blanket contractual: $2,000,000.00 Combined Single Limit Bodily Injury, Property Damage, and personal injury-any one occurrence and with an annual aggregate limit of $4,000,000.00.

e. PROFESSIONAL LIABILITY INSURANCE covering errors and omissions of Vendor and employees with a limit of $2,000,000.00 per occurrence and with an annual aggregate limit of $4,000,000.00.

f. Certificates of Insurance shall be issued to Central Point School District #6 c/o CPSD 6 ND Anne Leavens, 1003 Manzanita Street, Central Point, OR 97502.

g. The Vendor agrees to pay for the insurance specified and agrees to provide CPSD 6 ND with a thirty (30) day notice of cancellation if non-renewal occurs during the agreement period.

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8. DELAYS: The Vendor shall not be liable for any delays in delivery caused by circumstances beyond its control including acts of God or of the public enemy, acts of the United States Government, fire, floods, epidemics, quarantine restrictions, strikes, or embargoes. When any delays in delivery are anticipated the Vendor should immediately give notice thereof to CPSD 6 ND.

9. INDEMNIFICATION: Except for claims arising out of acts caused by the sole negligence of CPSD 6 ND , its agents, servants or employees, the Vendor, and employees of such, agrees to indemnify and hold harmless CPSD 6 ND, its agents, servants, and employees, from acts or omissions of any nature whatsoever of the Vendor, its agents, servants, and employees, causing injury to, or death of person(s) or damage to property arising out of services provided and from any expense incident to the defense of CPSD 6 ND there from. The Vendor agrees to hold CPSD 6 ND harmless from and to defend it against any and all claims arising out of this Agreement.

10. NON-DISCRIMINATION: The Vendor shall comply with the applicable provisions of the Federal Civil Rights Act of

1964 and all Amendments thereto and the Equal Employment Opportunity Act and all amendments thereto, and all regulations issued hereunder by the Federal and State governments. If the Vendor fails to comply with such acts and regulations, CPSD 6 ND shall have the right to immediately terminate this Agreement.

11. NO WAIVER OF CONDITIONS: CPSD 6 ND’s failure to insist upon strict compliance shall not be deemed to be a waiver of any right and waiver of a right under this contract shall not constitute a waiver of any other right or waiver of any other default under this contract.

12. CHANGES: CPSD 6 ND may, at any time, and from time to time by written order

13. NO MODIFICATION OF PROPOSAL: The terms and conditions contained in this Proposal may not be added to, modified, superseded, or otherwise altered except by a written modification signed by an authorized representative of CPSD 6 ND.

14. TERMINATION FOR CONVENIENCE: CPSD 6 ND may terminate a contract, in whole or in part without showing cause upon giving written notice to the Vendor. CPSD 6 ND shall pay all reasonable costs incurred by the Vendor up to the date of termination. The Vendor will not be reimbursed for any anticipatory profits, which have not been earned up to the date of termination.

15. TERMINATION FOR DEFAULT:

a. CPSD 6 ND may, at its option, terminate or cancel an agreement for any material violation of the provisions of the Agreement. Such provisions generally include, but are not limited to:

i. Standard terms and conditions included in all Contracts

ii. Product or service specifications;

iii. Delivery or completion requirements; or

iv. Pricing and price escalation/de-escalation clauses

b. CPSD 6 ND’s termination of an agreement or of a Vendor’s performance shall not restrict or abrogate any other remedy available to CPSD 6 ND that is provided either by law or under the Agreement, unless other remedies are expressly limited by the terms of the Agreement.

c. Unless otherwise agreed upon in the Agreement, CPSD 6 ND will provide the Vendor written notice of its intent to terminate the Agreement or the Vendor’s performance. If the Vendor provided a performance and payment bond, the surety shall also be provided with a copy of the notice of termination. Unless otherwise provided in the Agreement, the notice shall include:

i. The effective date of termination (which may be the date of notice receipt);

ii. The grounds for termination,

iii. Notice of the time (if any) in which the CPSD 6 ND will permit the Vendor to correct the failure to perform.

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16. NEGOTIATION WITH AWARDED VENDOR: CPSD 6 ND reserves the right to negotiate final contract terms with the awarded Vendor to the fullest extent allowed by law and as in the best interest of CPSD 6 ND.

17. SMALL, MINORITY, AND WOMEN BUSINESS: Pursuant to 2 CFR 200.321 and Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, CPSD 6 ND encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. CPSD 6 ND also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information, please visit Business Oregon : Certification Office for Business Inclusion and Diversity (COBID) : Certification Office for

Business Inclusion and Diversity (COBID) : State of Oregon If the Contract results in subcontracting opportunities, the successful Proposer may be required to submit a completed COBID Outreach Plan (Attachment F) prior to execution.

18. AUDIT: CPSD 6 ND, the Oregon Department of Education, USDA, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any book, documents, papers, and records of the vendor, which are directly pertinent to this specific contract, for the purpose of making audits, examinations, excerpts, and transcriptions. The vendors must maintain all required records for three years plus the current year after CPSD 6 ND make final payment and all other pending matters are closed. (2 CFR 200).

19. ETHICS IN PUBLIC CONTRACTING: By submitting a proposal, Proposers certify that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Proposer, supplier, manufacturer or sub-vendor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, or services.

20. EQUAL OPPORTUNITY: In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at

(800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. mail:

U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; or

2. fax:

(833) 256-1665 or (202) 690-7442; or

3. email:

Program.Intake@usda.gov

This institution is an equal opportunity provider.

https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx https://www.usda.gov/sites/default/files/documents/ad-3027.pdf mailto:program.intake@usda.gov

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SECTION III

SPECIAL TERMS AND CONDITIONS

A. SCOPE: CPSD 6 ND is seeking proposals for cafeteria furniture for Crater High School. The objective is to select one proposer to supply, and deliver all furniture specified. Features that CPSD 6 ND would like in this agreement include but are not limited to: a variety of styles of cafeteria furniture, furniture designed for school use, colors theme to follow school colors, and to provide a modern look to the cafeteria.

B. BACKGROUND: CPSD 6 ND, specifically Crater High School, has 1400 students in attendance. Cafeteria needs seating for 420. SY 24/25 is planned to have 2 lunch periods, campus and current kitchen layout allows for outdoor service. During SY 24/25 we will transition to a freshman lunch period and a 10 – 12 grade lunch period. Students in the 10 – 12 grade lunch period can participate in an open campus and leave for lunch. Proposals should include a

C. OBJECTIVE: A proposal for CPSD 6 ND that includes:

a. Gives a modern look with furniture.

b. Meets delivery requirements.

c. Product quality that is meant for use in a school cafeteria.

d. Ease of use, all furniture is meant to be portable and have ease of movement.

e. Furniture that is sturdy and meant for use in a high-volume cafeteria and can sustain daily use.

f. School colors are orange and black. Furniture to be designed with these colors in mind.

g. Seating for 420, to include 21 ADA accessible seats, ada seats are to be listed on response and show in the design.

h. Include pricing for:

Item Amount Notes

Trash Receptacles 4

4 Top Table 12 Stool style seating to be attached, table should have wheels

8 Top Table 3 Narrow table on wheels, with 24 chairs to match

10 Top Table 6 Rectangle table with bench seating, on wheels, easy to put up and down

12 Top Table 24 Table with attached stool seating, on wheels, easy to put up and down

D. CONTRACT PERIOD: The contract period shall be the date of award to delivery and installation of furniture. An ideal contract period will have furniture delivery no later than August 26th, 2024.

E. SERVICES REQUESTED: The Vendor must:

a. Be a school furniture design and manufacturer with ten years’ experience.

b. Be able to deliver order.

F. TERMS:

a. All proposals shall be for merchandise delivered F.O.B. destination (CPSD 6 ND).

b. All shipping/handling charges are to be included in the bid amount.

c. There shall be no extra, or miscellaneous charges, i.e. fuel surcharge, to CPSD 6 ND, unless otherwise stated in vendor proposal and accepted by CPSD 6 ND.

d. Terms are net 30 from day of furniture delivery.

e. All costs and/or charges must be clearly identified in the bid document submittals.

f. Any rebate or savings that the vendor receives must be passed on to the CPSD 6 ND.

G. PROPOSAL REQUIREMENTS: It is the intent of CPSD 6 ND to review and accept proposals from qualified vendors that can provide the products, specified services and who meets all other conditions addressed throughout this document. CPSD 6 ND intends to enter into a contract with the successful Proposer based on the terms and conditions contained herein.

a. Proposals are due to Anne, preferred submission is via email:

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i. Email: anne.leavens@district6.org, subject line: RFP Submission – Cafeteria Furniture, by 11:00 am on April 30, 2024.

ii. Mail: Central Point School District #6 c/o CPSD 6 ND Anne Leavens, 1003 Manzanita Street, Central Point, OR 97504, by 11:00 am on April 30, 2024.

H. FURNITURE is to be furnished and delivered in accordance with the following:

a. Product Quality: All products sold to CPSD 6 ND shall be warranted and guaranteed to be merchantable by the Vendor and fit for the purpose for which it is intended.

I. VENDOR DELIVERABLES AND RESPONSIBILITIES

a. General Delivery Requirements

i. Provide packing slips with each shipment identifying items ordered by the item number(s), quantity ordered, purchase order, master PO number and associated invoice numbers.

ii. All deliveries shall be organized for easy off loading and receipting. Vendor shall provide delivery, unload and place the product in the school or building as directed.

b. Product Recall

i. If a product recall is instituted on an item that has been delivered, Vendor will immediately notify the CPSD 6 ND within 24 hours. Vendor will be responsible for all costs associated with replacement product, shipping charges, and/or product credit.

ii. If at any time it is determined that the health and/or safety of the customers of CPSD 6 ND are affected by the usage of this product, Vendor and/or Vendor’s processor must and will assume full liability.

J. DISTRICT RECEIVING RESPONSIBILITIES

a. Inspection, Delivery of items that do not meet all requirements will be rejected. Rejected items shall be removed and replaced promptly by the Vendor at no cost to the CPSD 6 ND.

K. PRICING

a. Pricing, Proposal should include price her piece of furniture. Pricing should include any price increases that could happen based on a future date.

b. Discount Payment Terms, Proposer may indicate any discounts proposed for early payment in their proposal.

c. Volume Discount, Proposer may indicate any discounts for volume purchases in their proposal.

d. Returns, Vendor shall allow returns upon delivery when:

i. any piece of furniture is received as damaged upon delivery.

L. EVALUATION CRITERIA, An evaluation committee to review any and all requests for proposals shall be established by CPSD 6 ND and shall evaluate all proposals with specific regard to the referenced categories. They shall consider whether all conditions of the request for proposal have been met by any individual proposal and shall also consider whether each vendor submitting a proposal is responsible and qualified to perform the work called for in this request for proposal and the resulting proposal, having sufficient expertise, experience, and financial backing to properly complete the project throughout the life of the contract. Scoring will be based on the following:

CRITERIA POINTS

1. Cost of the items in calculating the lowest total cost. Points will be awarded based on best pricing for the estimated value of 100% of the contract.

2. Furniture Design. Points will be awarded on design, color, engineering of furniture for ease of use to the customer, and modern design.

3. Service, Deliveries and Value added: Previous experience and local reference checks.

Ability to delivery on time.

Total Points 100

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M. UPON AWARD VENDOR PROVIDES: It is the responsibility of the vendor to provide CPSD 6 ND with the following information.

a. Contact person, phone, and fax number for facilitating the order.

b. Delivery day and delivery restrictions if any.

a. How a furniture recall is managed.

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SECTION IV

PROPOSAL SUBMITTAL PROCEDURES

A. PROPOSAL DEADLINE, Sealed proposals will be accepted until 11:00 A.M., local time, April 30, 2024, at Central Point School District, Food Service and Maintenance Building, 1003 Manzanita St, Central Point, OR 97504. All proposals are to be titled in the email " RFP 1: Cafeteria Furniture". Each Proposer shall submit an electronic or mailed proposal to anne.leavens@district6.org. Email is the preferred method of submission. Proposer may elect to mail a flash drive see Proposal Submission notes referenced on page 1. Delivery is the sole responsibility of the Proposer. The Proposer accepts all risks of late delivery of mailed proposals or of miss-delivery regardless of fault.

All proposals received after the date and time indicated above will be returned unopened. No more than one proposal may be submitted by each proposing firm.

B. RIGHT TO REJECT PROPOSALS, CPSD 6 ND reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP unless clearly and specifically noted in the proposal submitted and confirmed in the contract between CPSD 6 ND and the firm selected. We reserve the right without prejudice to reject any and all proposals.

C. COST OF PREPARING PROPOSAL, The RFP does not commit CPSD 6 ND to paying any costs incurred by any

Proposer in the submission or presentation of a proposal, or in making the necessary studies for the preparation thereof.

D. PROPOSAL CONTENT AND FORMAT, To simplify and expedite the review process, CPSD 6 ND requests that candidates prepare proposals in the standard format specified below:

a. Title Page, Proposer should identify the RFP subject, name of the firm, local address, telephone number, fax number, name and title of contact person, date of submission, and period for which the proposal is effective (non-rescindable).

b. Table of Contents, the table of contents should include a clear and complete identification by section and page number of the materials submitted.

c. Transmittal Letter The transmittal letter should be not more than two pages long and should include as a minimum the following:

1. A brief statement of the Proposer's understanding of the objective of the services to be performed.

2. A positive commitment to perform the services within the time period specified;

3. The names of persons authorized to represent the Proposer, their title, address, and telephone number (if different from the individual who signs the transmittal letter).

E. SUBMITTALS REQUIRED: Each submittal shall contain the following:

a. Section V Proposal Submittal Form, signed and dated, (page 16)

b. Section V Recall and Return Policy (page 17)

c. Section IV Vendor History Sheet (page 18)

d. Section IV References (page 19)

e. Section IV, Certification of Non-Discrimination and Residence (page 20)

f. Section IV, Signed Signature Page (page 21)

g. Attachment A, Suspension and Debarment Certificate (page 24)

h. Attachment B, Disclosure Exemption Affidavit (page 26)

i. Attachment C, Proposer Information and Certification Sheet (page 29)

j. Attachment D, Reference Check Form (page 31)

k. Attachment E, Certificate of Independent Price Determination (page 33)

l. Attachment F, Small, Minority, Women, and Labor Surplus Firms Outreach Plan (page34)

m. Attachment G, Clean Air and Water Certification (page 36)

n. Attachment H, Responsibility Inquiry (page 38)

o. Attachment I, Certification Regarding Federal Matters (page 41)

p. Attachment J Certification Regarding Lobbying Disclosure of Lobbying Activities (page 43)

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q. Signed Addenda (print from the Central Point School District Food Service website, https://cpsd6food.com/)

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SECTION V

PROPOSAL SUBMITTAL FORM

RFP 1

ADDITIONAL REPRESENTATIONS

In addition to the foregoing general information, the Proposer certifies that:

1. Consultants and firm specialists mentioned in response to this request for proposal can only be changed with the express prior written permission of CPSD 6 ND, which retains the right to approve or reject replacements.

2. The Proposer, if an individual, is of lawful age; is the only one interested in this proposal; and that no person, firm, or corporation, other than that named, has any interest in the proposal, or in the contract proposed to be entered into.

3. The Proposer, and each person signing on behalf of any Proposer, certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that to the best of their knowledge and belief:

A. The fees and rates in the proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restraining competition as to any matter relating to such prices with any other Proposer or with any competitor;

B. Unless otherwise required by law, the fees and rates that have been quoted in the proposal have not been knowingly disclosed by the Proposer prior to the proposal deadline, either directly or indirectly, to any other Proposer or competitor;

C. No attempt has been made nor will be made by the Proposer to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restraining trade;

D. No School Board member or other officer, employee, or person, whose salary is payable in whole or in part from any member of CPSD 6 ND, has a direct or indirect financial interest in the proposal;

E. Said Proposer is not in arrears to CPSD 6 ND upon any debt or contract, and is not a defaulter, as surety or otherwise, upon any obligation to CPSD 6 ND and has not been declared irresponsible, or unqualified, by any department from the members of CPSD 6 ND or the State of Oregon, nor is there any proceeding pending relating to the responsibility or qualification of the Proposer to receive public contracts(if none, Proposer will insert "none");

4. The Proposer has examined all parts of this Request for Proposal, including all requirements and contract terms and conditions thereof, and, if its proposal is accepted, the Proposer shall execute a contract which incorporates the stated requirements, proposal response and terms and conditions.

5. The Proposer fully understands and submits its proposal with the specific knowledge that:

A. The selected proposal must be approved by CPSD 6 ND.

B. In the event that the proposal is accepted and receives all necessary approvals, the proposal will be incorporated into a contract containing general terms and conditions as provided in the Request for Proposal, and CPSD 6 ND must approve the resultant contract.

The undersigned hereby certifies to the truth and accuracy of all statements, answers, and data contained in this proposal and application, and hereby authorizes CPSD 6 ND to make any necessary examinations or inquiries in order to make a determination as to the qualifications and responsibility of the Proposer. The undersigned has examined all parts of this RFP and understands that it is completely discretionary with the Selection Committee whether to accept, reject, or negotiate its proposal submitted pursuant thereto.

Signature of Proposer: ________________________________________

Title:__________________________________ Date: _____________

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POLICIES AND PROCEDURES FOR HANDLING RETURNS AND/OR RECALLS

Please submit your policies and procedures for handling a recall on furniture.

You may submit your policies and procedures on this form or submit your own form per the instructions on the

Request for Proposal. Your form must include the following information.

Vendor Name: ____________________________________________________________

Contact Name: ____________________________________________________________

Address: _________________________________________________________________

Phone: __________________________________________________________________

Email: ___________________________________________________________________

Policy/procedure: __________________________________________________________

Signature: _________________________________ Date: __________________________

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VENDOR HISTORY SHEET

Proposer can use this form and submit your own.

VENDOR: (dba) _____________________________________________________________________________

(aka) ______________________________________________________________________________

Corporation: _______ Partnership: _______

Phone: ______________________________ Fax: __________________________________________

Date Started in Business:_________________________________________________________________

Date Started Business in Oregon: _________________________________________________

Describe your capabilities to provide delivery service to CPSD 6 ND:

PERFORMANCE HISTORY:

Please provide…