InterMountain ESD Mini Splits 2022 RFP 003.pdf

InterMountain ESD RFP #22-01 Page 1 of 29

InterMountain Education Service District

RFP #22-01

Mini-Split Ductless Heating and Cooling Units

Project 2022/2023

Proposals Due: October 27th, 2022 @ 2:00 PM (PT)

Late Proposals will not be accepted or considered.

Submit Proposals to: Darrick Cope, IMESD Director of Facilities and

Operations; Email: darrick.cope@imesd.k12.or.us

Mandatory Pre-Proposal

Walk:

September 28th, 2022 @ 10:00AM

2001 SW Nye Ave., Pendleton, OR 97801

Site Walk: Call for appointments

Proposals Questions and

Proposal Protests due by:

October 25th, 2022 @ 2:00 PM (PT)

Submit Proposals Questions and Proposals Protests to:

Darrick Cope, IMESD Director of Facilities and

Operations; Email: darrick.cope@imesd.k12.or.us mailto:darrick.cope@imesd.k12.or.us mailto:darrick.cope@imesd.k12.or.us

InterMountain ESD RFP #22-01 Page 2 of 29

TABLE OF CONTENTS

Page

1 RFP PROCESS 4

1.1 RFP Availability 4

1.2 RFP Exhibits 4

1.3 RFP Attachments 4

1.4 RFP Definitions 4

1.5 RFP Components 5

2 PROJECT INFORMATION 5

2.1 Project Description 5

2.2 Project Scope of Work 5

2.3 Project Timeline 5

3 RFP PROCESS 6

3.1 RFP General Terms 6

3.2 RFP Pre-Proposal Meeting 7

3.3 RFP Modifications 7

3.4 RFP Questions 7

3.5 RFP Protests 7

4 PROPOSAL REQUIREMENTS 8

4.1 Proposal Content 8

4.2 Proposal Submission 8

4.3 Proposal Amendment or Withdrawal 8

4.4 Proposal Period of Irrevocability 8

4.5 Proposal Ownership 8

4.6 Proposal Disclosure 8

4.7 Proposal Opening 9

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5 PROPOSAL EVALUATION PROCESS 9

5.1 Proposal Evaluation Method 9

5.2 Proposal Evaluation Criteria 9

5.3 Proposal References 10

5.4 Protests of Contract Award 10

6 CONTRACT TERMS AND CONDITIONS 11

6.1 Prevailing Wages 11

6.2 Performance Bond 11

6.3 Insurances 11

6.4 State OCCB Registration Requirements 11

6.5 Mechanics Liens or Stop Notices 12

6.6 Contract Execution 12

Exhibit #1 Section 23 81 26.13 13-14

Exhibit #2 Equipment List 15-16

Attachment A Bid Form 17

Attachment B Statement of Assurances 18-19

Attachment C Proposer References 20

Attachment D Debarment and Suspension and Other 21-22

Responsibility Matters Primary Covered

Transactions

Attachment E Clean Air & Water Certificate 23-24

Attachment F Certification Regarding Lobbying 25-28

Disclosure of Lobbying Activities

InterMountain ESD RFP #22-01 Page 4 of 29

1 RFP PROCESS

1.1 RFP Availability

This RFP is available electronically through the OregonBuys (formerly Oregon Procurement

Information Network, ORPIN), website at https://oregonbuys.gov/bso/. Interested parties must be registered with OregonBuys eProcurement program to obtain and download documents. Registration is at no cost. Future notices regarding this solicitation, including solicitation addenda, will be posted to OregonBuys.

1.2 RFP Exhibits

EXHIBIT 1 Section 23 81 26.13 Small-Capacity Split-System Heater/Air Conditioners

EXHIBIT 2 Equipment List

1.3 RFP Attachments

ATTACHMENT A Bid Form

ATTACHMENT B Statement of Assurances

ATTACHMENT C Proposer References

ATTACHMENT D Debarment and Suspension and Other Responsibility Matters…

ATTACHMENT E Clean Air and Water Certificate

ATTACHMENT F Certification Regarding Lobbying Disclosure of Lobbying Activities

1.4 RFP Definitions

Intent to Award Written notice which is publicly displayed on OregonBuys prior to signing of a contract that shows the selection of a vendor for a contract.

Notice to Proceed A notification letter from the Owner addressed to a Contractor stating the date on which the Contractor can begin Project Work.

Project The total construction of which the Work performed under the Contract

Documents may be whole or a part and which may include construction by the Owner or by separate Contractors.

Proposal A competitive offer, which is binding on the offerer, in which price, delivery, and conformance to specification and the requirements of the

Request for Proposal, will be the predominant award criteria.

Proposer An individual, firm, or corporation, which submits a Proposal in response to a contracting agency's request.

Responsible Proposer A person who meets the standards described in ORS 279B.110.

Responsive Proposal A Proposal that substantially complies with the RFP and all prescribed procurement procedures and requirements.

RFP Request for Proposals https://oregonbuys.gov/bso/

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Specifications That portion of the Contract Documents consisting of the written requirements for materials, equipment systems, standards, and workmanship for the Work, and performance of related services.

1.5 RFP Components

This RFP process has several components, including but not limited to:

1) RFP Notice;

2) Question and Answer Period;

3) Receipt of RFP’s;

4) Proposal Evaluations;

5) Notice of Intent to Award;

6) Contract Negotiations;

7) Recommendation to the Board and Board Approval;

8) Notice to Proceed.

2 PROJECT INFORMATION

2.1 Project Description

The InterMountain ESD, 2001 SW Nye Ave., Pendleton, Oregon, is in the former Pendleton Community

Hospital, built in 1960. In 1989, the ESD bought and remodeled this building. For heating and cooling the facility, two large Carrier RTU units were installed. Nearly 25 years later, these units are being replaced with ductless “mini-splits” on the first floor of the building.

In the spring of 2022, eight mini-splits units were installed in the business department of the IMESD.

The plan is to continue to install these mini-splits throughout the building and abandon both RTUs. An additional part of the RFP is to determine the availability and cost to provide power to these units. Also, two mixing units will need to be installed to replace the air circulation provided by the present RTUs. A decommissioning and demolition/removal plan for the existing RTUs will need to be developed and included within the RFP.

The eight mini-splits installed in the spring of 2022, were a combination of Rudd and Daikin units, varying in size from 7K to 18K. In an effort to stay consistent, all future mini-splits will also be Rudd or

Daikin units.

We anticipate the project to be partially funded by Federal Grants. Therefore, the successful proposers will follow both federal and state regulations.

2.2 Project Scope of Work

Work includes providing equipment specified in Exhibit 1 in the sizes and quantities based on Exhibit 2.

2.3 Project Timeline

September 13th, 2022 RFP Release for Advertisement

September 28th, 2022 Mandatory Pre-proposal Meeting and Site Tour, 10:00 AM

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October 25th, 2022 RFP Questions Due by 2:00 PM

October 27th, 2022 Proposals Due RFP’s due by 2:00 PM

October 31st, 2022 Proposals Scored

November 2nd, 2022 Notification of Apparent Successful Proposer

November 8th, 2022 Post-Selection Review and Protest Period Ends

November 10th, 2022 Respond to Post-Selection Review Comments

November 16th, 2022 IMESD Board of Directors approve Selected Proposer

November 18th, 2022 Notice to Proceed given to RFP Successful Proposer

December 30th, 2022 Substantial Completion of mini-split project (phase 2)

January 31st, 2023 Substantial Completion of mini-split project (phase 3)

3 RFP PROCESS

3.1 RFP General Terms

1. News releases relating to this RFP will not be made without prior approval by, and in coordination with, IMESD.

2. The IMESD is issuing this RFP for the purpose of obtaining Proposals for the provision of MEP equipment.

3. All representations made by a Proposer in response to this RFP, whether verbal or written, will be incorporated into any agreement between the IMESD and the successful Proposer.

4. Proposals must conform to the requirements of this RFP and be signed by a person who is authorized to make such commitments on behalf of the Proposer. Proposer’s signature on the Bid Form constitutes a certification that the Proposer has read and fully understands all Proposal terms. No consideration will be given to any claim resulting from proposing without comprehending all requirements of the Proposal

Documents.

5. Proposals lacking required signatures will be deemed “nonresponsive.” The IMESD may disqualify nonresponsive Proposers from further evaluation.

6. All costs a Proposer incurs in preparing and submitting its Proposal or in negotiating and signing an agreement shall be the sole responsibility of the Proposer. Any due diligence conducted by a Proposer is at the Proposer’s expense.

7. All Proposals become the property of the IMESD upon delivery to the IMESD. The IMESD reserves the right to share the RFP and any Proposals the IMESD receives with any third party of their choosing in order to secure expert opinion.

8. The IMESD reserves the right to reject any or all Proposals.

9. The IMESD reserves the right to postpone or cancel the RFP without liability to the IMESD any time prior to executing an agreement if the IMESD determines, in its sole discretion, it’s in the IMESD’s best interest to do so.

10. Successful Proposer may commence Work only after the IMESD delivers a Notice to Proceed.

11. Proposers shall meet the highest industry standards.

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3.2 Pre-Proposal Meeting

A mandatory pre-proposal Meeting will be held Wednesday, September 28th, 2022 @ 10:00AM

2001 SW Nye Ave., Pendleton, OR 97801

3.3 RFP Modifications

The IMESD reserves the right to make changes to the RFP. Changes will be made only by written addendum, which will be posted on OregonBuys. Statements made by the IMESD’s representatives are not binding unless issued by written addendum.

3.4 RFP Questions

Prospective Proposers may request additional information or suggest changes to the RFP by submitting a written request. The request shall specify the provision of the RFP in question and contain an explanation for the requested change. The IMESD will evaluate all requests submitted but will not be obligated to accept requested changes.

Questions and suggestions pertaining to this RFP shall be presented via email to the Single Point of

Contact listed on the Cover Page.

Questions and suggestions must be received by date and time stated on the Cover Page. No oral questions or post marks will be accepted.

Reponses to questions and suggestions will be compiled and collectively addressed in addendum format on OregonBuys.

3.5 RFP Protests

Prospective Proposers may protest the procurement process or the solicitation document by filing a written RFP Protest. To be considered, an RFP Protest must contain a detailed statement of the legal and factual grounds for the protest, a description of the resulting prejudice to the prospective Proposer, the relief sought by the Proposer, and the other matters required under OAR 137-049-0260.

An RFP Protest must be submitted in writing no later than the date and time shown on the Cover Page.

RFP Protests must be submitted as shown on the Cover Page.

The IMESD will evaluate all RFP Protests submitted. RFP Protests will be resolved in writing. The

IMESD will make any changes to the process or to the solicitation documents by written addendum via

OregonBuys.

An issue that could have been, but was not, raised pursuant to a request for clarification or RFP Protest is not a ground for a Protest of Award.

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4 PROPOSAL REQUIREMENTS

4.1 Proposal Content

1. Attachment A: Bid Form. Completed and signed.

2. Attachment B: Statement of Assurances. Completed, signed and notarized.

3. Attachment C: Proposer References Completed.

4. Attachment D: Debarment and Suspension and Other Responsibility Matters Completed

5. Attachment E: Clean Air and Water Certificate Completed

6. Attachment F: Certification Regarding Lobbying Disclosure Completed

4.2 Proposal Submission

Each submission in response to this RFP must be:

1) Submitted via email with a subject line:

a. “IMESD RFP #22-01 Ductless Mini-Splits Project”;

2) Delivered by the date and time stated on the Cover Page;

3) Delivered to the individual listed on the Cover Page;

4) The file format must be in PDF format and may not exceed 10 MB.

4.3 Proposal Amendment or Withdrawal

A Proposer may amend or withdraw its Proposal any time prior to the time and date established for submission of Proposals. Proposals may be withdrawn in writing on company letterhead signed by an authorized representative if received by IMESD before the Proposal closing. Proposals may also be withdrawn in person before the Proposal closing upon presentation of appropriate identification.

4.4 Proposal Period of Irrevocability

Proposals shall be offers that are irrevocable for a period of sixty (60) calendar days after the date

Proposals are due.

4.5 Proposal Ownership

All documents, reports, submittals, working papers or other material submitted to the IMESD from

Proposers shall become the sole and exclusive property of the IMESD, the public domain (expect for materials deemed to be excluded as trade secrets), and not the property of the Proposers. Proposers shall not copyright, or cause to be copyrighted, any portion of any said documents submitted to the IMESD as a result of this solicitation.

4.6 Proposal Disclosure

Any information provided to the IMESD pursuant to this RFP is subject to public disclosure pursuant to

Oregon Revised Statute (ORS) 192.410 to 192.505.

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The general requirement for public disclosure is subject to several exemptions. Each page containing information deemed by the Proposers as necessary to remain exempt from public disclosure after

Proposals have been evaluated (e.g., pages containing trade secret, economic development information, etc.) and should be plainly marked. Marked pages should be placed in a group separate from the remainder of the Proposal.

The fact that a Proposer marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. The IMESD will make an independent determination regarding exemptions applicable to information that has been properly marked and segregated.

Information that has not been properly marked and segregated may be disclosed in response to a public records request. When exempt information is mixed with nonexempt information, the non-exempt information must be disclosed. The IMESD will redact pages that include both exempt and nonexempt information to allow disclosure of the nonexempt information.

Unless expressly provided otherwise in this RFP or in a separate communication, the IMESD does not agree to withhold from public disclosure any information submitted in confidence by a Proposer unless the information is otherwise exempt under Oregon law. The IMESD considers Proposals submitted in response to this RFP to be submitted in confidence only until the IMESD’s evaluation is complete and the IMESD has acted on the Notice of Intent to Award.

4.7 Proposal Opening

A public Proposal opening will not be held.

5 PROPOSAL EVALUATION PROCESS

5.1 Proposal Evaluation Method

The IMESD may employ methods of Vendor selection that include, but are not limited to:

A) Discussions leading to best and final offers, in which the contracting agency may not disclose private discussions leading to best and final offers;

B) Discussions leading to best and final offers, in which the contracting agency may not disclose information derived from proposals submitted by competing proposers;

C) Serial negotiations, beginning with the highest ranked proposer;

D) Competitive simultaneous negotiations;

E) A combination of methods as authorized or prescribed by rules adopted under ORS 279A.065

(Model rules generally).

5.2 Proposal Evaluation Criteria

Proposals will be evaluated based on the following criteria:

1. Cost;

2. References and Past Projects;

3. Proposal;

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4. Serviceability.

5.3 Proposal References

The IMESD reserves the right to investigate references, including customers other than those listed in a

Proposers submission. This inquiry may include without limitation, investigation of past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and its lawful payment of employees and Subcontractors.

1) Completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of this subparagraph, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the

Proposer’s control, the Proposer stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. The IMESD shall document the

Proposer’s record of performance if the IMESD finds under this subparagraph that the Proposer is not responsible.

2) The Proposer must have a satisfactory record of integrity. The IMESD in evaluating the

Proposer’s record of integrity may consider, among other things, whether the Proposer has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Proposer’s performance of a contract or subcontract.

The IMESD shall document the Proposer’s record of integrity if the IMESD finds under this subparagraph that the Proposer is not responsible.

5.4 Protests of Contract Award

An affected Proposer may only protest if the Proposer is responsible and submitted a responsive

Proposal.

Proposers wishing to protest their Proposal rejection as non-responsive and/or the Intent to Award, may do so providing:

1) Proposer is adversely affected because Proposer would be eligible to be awarded the Contract if the protest were successful: and

2) The reason for the protest is:

a) The IMESD demonstrated bias toward a Proposal or Proposer;

b) The IMESD abused its direction in rejecting the protester’s Proposal as nonresponsive;

c) The evaluation of the Proposals is otherwise in violation of any provisions of ORS 279A or

ORS 279B of 279C.; and/or

d) All higher ranked Proposals are nonresponsive.

An affected Proposer may only protest if the Proposer is responsible and submitted a responsive

All Contract Award Protests must be in writing and received via email no later than 2:00 PM Pacific

Time within seven days after the posted Notice of Intent to Award to the individual listed on Cover

Page.

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

Contract Award Protests not filed within the time specified above, 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 specifications is not grounds for Contract

Award Protests.

6 CONTRACT TERMS AND CONDITIONS

The Contract term will be through completion and final acceptance of the mini-split projects and expiration of the warranty period. Any agreement resulting from this RFP shall be based on the RFP documents.

6.1 Prevailing Wages

Public Improvement contracts with costs in excess of $50,000 are subject to BOLI prevailing wage.

6.2 Performance Bond

A performance bond and a payment bond, each in the amount of 100 percent (100%) of the total proposed price with a corporate surety approved by the Agency, shall be required for the faithful performance of the contract.

6.3 Insurances

In addition, the successful proposer will provide the Agency with a Certificate of Insurance with the following coverage:

A. If Contractor has one or more workers, as defined by ORS 656.027, Contractor shall provide workers compensation insurance in compliance with ORS 656.017, which requires subject employers to provide

Oregon workers compensation coverage for all their subject workers.

B. Professional liability insurance with a combined single limit, or the equivalent, of not less than

$1,000,000.00 for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to any professional services to be provided under this Contract.

C. General liability insurance with combined single limits, or the equivalent, of not less than

$2,000,000.00, for each occurrence for bodily injury and property damage. The policy shall include contractual liability coverage for the indemnity provided under this Contract. It shall provide that the District and their officers, employees, and agents are additional insureds but only with respect to the Contractor's services to be provided under this Contract.

D. Automobile liability insurance with a combined single limit, or the equivalent, of not less than

$2,000,000.00 for each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles, as applicable.

6.4 State OCCB Registration Requirements

N/A

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6.5 Mechanics Liens or Stop Notices

The resultant Contract shall at all times indemnify and hold the IMESD harmless from all claims, losses, demands, damages, cost, expenses or liability costs for labor or materials in connection with construction, repair, alteration or installation of structures, improvements, equipment or facilities, and from the cost of defending against such claims, including attorney’s fees and costs.

6.6 Contract Execution

After receipt and acceptance of the properly executed agreement, the IMESD will issue a Notice to

Proceed. No Work shall be performed until the Notice to Proceed is issued.

End of RFP – Attachments follow

InterMountain ESD RFP #22-01 Page 13 of 29

EXHIBIT #1

SECTION 23 81 26.13

SMALL-CAPACITY SPLIT-SYSTEM HEATER/AIR CONDITIONERS

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Indoor air handling (fan and coil) units for ductless systems.

1.2 SUBMITTALS

A. Product Data: Provide rated capacities, weights, accessories, electrical nameplate data, and wiring diagrams.

B. Shop Drawings: Indicate assembly, required clearances, and location and size of field connections.

C. Warranty: Submit manufacturer’s warranty and ensure forms have been filled out in

Owner's name and registered with manufacturer.

1.3 QUALITY ASSURANCE

A. Manufacturer Qualifications: Company specializing in manufacturing the type of products specified in this section, with minimum three years of documented experience.

1.4 WARRANTY

A. Warranty period for entire system shall be one (1) year from date of substantial completion including both parts and labor.

B. Warranty period for compressors shall be manufacturer's standard but not less than five

(5) years from date of equipment startup.

C. Warranty period for control boards (if applicable), shall be manufacturer's standard but not less than three (3) years from date of equipment startup.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Basis of Design:

1. Split-System Heating and Cooling Units (Mini-Splits) - Rudd and Daikin units

2. Mixing Units - TBD

2.2 SYSTEM DESIGN

A. Split-System Heating and Cooling Units: Self-contained, packaged, matched factory engineered and assembled, pre-wired indoor and outdoor units; UL listed.

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1. Heating and Cooling: Air-source electric heat pump located in outdoor unit with evaporator.

2. Provide refrigerant lines internal to units and between indoor and outdoor units, factory cleaned, dried, pressurized and sealed, with insulated suction line.

B. Mixing Units

1. Units will be installed to replace the existing RTU units that will provide air circulation to all of the rooms currently heated and cooled by these units. The mixing units will supply a minimal level of heated and cooled air to rooms to decrease the likelihood of a cold or hot draft coming from the ducts.

2.3 INDOOR AIR HANDLING UNITS FOR DUCTLESS SYSTEMS

A. Indoor Units: Self-contained, packaged, factory assembled, pre-wired unit consisting of cabinet, supply fan, evaporator coil, and controls; wired for single power connection with control transformer.

1. Location: Wall Units.

2. Fan: Line-flow fan direct driven by a single motor.

3. Filter return air with washable, antioxidant pre-filter and a pleated anti-allergy enzyme filter.

B. Evaporator Coils: Copper tube aluminum fin assembly, galvanized or polymer drain pan sloped in all directions to drain, drain connection, refrigerant piping connections, restricted distributor or thermostatic expansion valve.

1. Construction and Ratings: In accordance with AHRI 210/240 and UL 207.

2. Manufacturer: System manufacturer.

2.4 OPERATING CONTROLS

1. Mini-Splits - Battery powered remote control devices mounted on wall bracket.

2. Mixer Units – TBD

END OF SECTION

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EXHIBIT #2

Equipment List

Phase 2

Room # Dimensions Square

Footage Size of Unit Needed (TBD)

100/106 49' 6" x 26' 3" 1,300

400 19’ 6” x 11’ 6” 224

402 19’ 6” x 11’ 6” 224

404 19’ 6” x 11’ 6” 224

406 19’ 6” x 21’ 6” 420

500 15' 6" x 11' 172

501 11' x 6' 6" 72

502 11' 6" x 20' 6" 236

504 15' x 22' 3" 334

507A 16' x 11' 176

507B 8' x 8' 64

507C 16' 6" x 16' 264

507D 16' 6" x 16' 6" 272

507E 14' 6" x 11' 6" 167

507F 19' x 15' 285

510 20' x 15" 300

512 15' 9" x 6' 6" 102

600 10’ x 10’ 6” 105

601A 14' x 14' 196

601B 16' 6" x 14' 6" 239

Phase 3

Room # Dimensions Square

Footage Size of Unit Needed (TBD)

103 15' 6" x 34' 527

105A 15' 6" x 20' 310

105B 15' 6" x 8' 124

107 10' 6" x 15' 6" 163

109 15' 6" x 8' 6" 132

110 16' x 21' 6" 344

110A 6' 6" x 8' 6" 55

110B 16' x 11' 6" 184

110C 8' 6" x 8' 6" 72

110D (Reception) 16' x 10' 6" 168

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Lobby 19’ x 25’ 475

112 15' 6" x 11' 6" 178

Room # Dimensions Square

Footage Size of Unit Needed (TBD)

113 15' 6" x 11' 170

114 21' 6" x 19' 6" 419

115 15' 6" x 9' 140

120* 21' 6" x 11' 6" 247*

201 16' 6" x 21' 6" 355

204 16' 6" x 11' 6" 190

205 13' x 11' 6" 150

206/208 16' 6" x 23'6" 388

209 16' 6" x 11' 6" 190

210 16' 6" x 11' 6" 190

211 16' 6" x 21' 347

212 11' x 14' 6" 160

300 16' 6" x 6' 6" 107

301 15' 6" x 30' 465

302 13' x 13' 169

303 17' 6" x 11' 6" 201

305 17' 6" x 11' 6" 201

306 17' 6" x 11' 6" 201

307 17' 6" x 11' 6" 201

308 17' 6" x 11' 6" 201

309 17' 6" x 11' 6" 201

310 17' 6" x 11' 6" 201

312 17' 6" x 11' 6" 201

Phase 2 - Mixing Unit (TBD)

Brand/Model Specs

Phase 3 - Mixing Unit (TBD)

Brand/Model Specs

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ATTACHMENT “A” - BID FORM

RFP #22-01: Mini-Split Ductless Heating and Cooling Units

Submitted by: _______________________________________ (company)

A. Indicate time required to deliver submittals after contracts have been signed with up to four (4)

HVAC Subcontractors: _____________________ weeks.

B. Indicate time required from receipt of approved submittals to delivery of equipment to four (4)

Project sites: _____________________ weeks.

C. Provide product-specific catalog data to allow proposal evaluation. Proposer may provide links to specific products and/or email PDFs of catalog data as attachments to Proposal.

D. Provide product support data, including name of service organization with product-specific expertise that is closest to project location.

E. State how Proposer’s products differ from basis-of-design product. Proposer may attach one additional page per equipment type to Proposal.

F. Include a list of all exceptions taken to the Specifications. Identify the Specification reference.

Describe what requirements cannot provided by the Proposer and any items that are included that

Proposer believes results in the system meeting the intent of the Specifications. Proposer may attach one additional page per equipment type to Proposal.

G. Include any additional data that may be of value in the evaluation process. Proposer may attach one additional page per equipment type to Proposal.

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H. Proposers wishing to be considered for this project should provide price escalation for equipment that may have to be purchased in 2023, and any special considerations. Proposer may attach additional page to Proposal.

ATTACHMENT “B”

STATEMENT OF ASSURANCES

1) The undersigned attests that they have the authority and/or responsibility to represent the organization submitting this Proposal in all phases of the RFP process and in this Statement of

Assurances.

2) Proposing company understands that this RFP is considered an integral part of the RFP process and RFP terms shall be binding on the Proposing company. Failure of the successful company to accept these obligations may result in cancellation of an award.

3) Proposing company accepts all terms and conditions contained in this RFP. The RFP and

Proposal response, and any modifications to them, will be part of the Contract Documents.

4) The undersigned understands that any false or substantially incorrect statement in the RFP or

Statement of Assurances may disqualify this Proposer from further consideration or any further contract.

5) Proposing company understands that in responding to the RFP, it agrees to comply with all applicable federal, state, and local laws, regulations and requirements related to the RFP and performance of any resulting contract, including but not limited to those referenced in this RFP.

6) The undersigned acknowledges receipt of and agrees to be bound by addenda numbered ____ through ____ inclusive, and any additional addenda issued until the Notice to Proceed has been issued.

7) Non-Collusion. The undersigned certifies that: a) This Proposal has been arrived at independently and is being submitted without collusion with any other vendor of materials, supplies, equipment or services to limit independent bidding or competition, and b) The contents of this Proposal have not been communicated by the undersigned or its employees or agents to any person not an employee or agent of the undersigned or its surety on any bond furnished with the bid, and will not be communicated to such person prior to the official opening of the

8) By signing this Statement, Proposing company hereby certifies that it has not discriminated against minority, women or emerging small business enterprises in obtaining any required

Subcontracts.

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9) By signing this Statement, Proposing company hereby certifies that to the best of undersigned’s knowledge, Proposing company is in compliance with all Oregon tax laws described in ORS

305.380(4).

I, the undersigned, have read and understand the requirements, special provisions, bid instructions and all other conditions issued by Central Point School District for

RFP #22-01: Mini-Split Ductless Heating and Cooling Units

I have read and understand the provisions included in the RFP and agree to abide by and fulfill the requirements thereof if selected as a result of this RFP. Company Name:

___________________________________________________________ Company Address:

_________________________________________________________ Company Phone:

___________________________________________________________ Authorized

Representative’s Signature__________________________________________ Printed Name and Title: _____________________________________________________ Date:

________________________ Federal Business ID No.: ________________________

NOTARY: Subscribed and sworn before me this _____ day of ____________, 20____.

_____________________ Notary Public for the State of _________________________. My

Commission expires _________________________________.

InterMountain ESD RFP #22-01 Page 20 of 29

ATTACHMENT “C”

PROPOSER REFERENCES

List three (3) projects, commenced or completed within five (5) years of the date of this Proposal, for which the Proposer supplied similar equipment. Proposer may supply the required information in a different format if all required information is provided.

Project #1 Name, Address, Contact Name, Phone of

Owner Contract Value

(initial contract price)

Month/Year

Commenced

Month/Year

Completed

Additional Owner Contact info (if applicable) Description of Project Project Location

Project #2 Name, Address, Contact Name, Phone of

Contract Value

(initial contract price) Month/Year

Commenced

Project #3 Name, Address, Contact Name, Phone of

Contract Value

(initial contract price) Month/Year

Commenced

InterMountain ESD RFP #22-01 Page 21 of 29

Attachment D

Debarment and Suspension and Other Responsibility Matters Primary Covered Transactions

2 CFR 200.213- Non-federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

(Before completing certification, read instructions on next page.)

(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:

(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transactions

(Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal.

InterMountain ESD RFP #22-01 Page 22 of 29

Business Name:

Date: By:

Name and Title of Authorized Representative

Signature of Authorized Representative

InterMountain ESD RFP #22-01 Page 23 of 29

Instructions for Certification

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and

"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and

Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

- Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

InterMountain ESD RFP #22-01 Page 24 of 29

Attachment E

Clean Air and Water Certificate

NOTE: This certificate must be completed for all new and renewal contract years when the contract exceeds $100,000.

Applicable if the contract exceeds $100,000 or the Contracting Officer has determined that the orders under an indefinite quantity contract in any one year will exceed $100,000 or a facility to be used has been the subject of a conviction under the Clean Air Act (41 U.S.C. 1857c-8(c)(1) or the Federal Water

Pollution Control Act 33 1319(d) and is listed by EPA or the contract is not otherwise exempt. Both the

Local Educational Agency and Contractor (offeror) shall execute this Certificate.

_______________________________________ InterMountain ESD

NAME OF CONTRACTOR NAME OF LOCAL EDUCATIONAL AGENCY

THE CONTRACTOR AGREES AS FOLLOWS:

A. To comply with all the requirements of Section 114 of the Clean Air Act, as amended (41 U.S.C.

1857, et seq., as amended by Public Law 91-604) and Section 308 of the Federal Water Pollution

Control Act (33 U.S.C. 1251, et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports and information as well as other requirements specified in

Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract.

B. That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing.

C. To use his/her best efforts to comply with Clean air standards and Clean water standards at the facilities in which the contract is being performed.

D. To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph.

THE TERMS IN THIS CLAUSE HAVE THE FOLLOWING MEANINGS:

A. The term "Air Act" means the Clean Air Act, as amended (41 U.S.C. 1957 et seq., as amended by

Public Law 91-604).

B. The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Public Law 92-500).

C. The term "Clean Air Standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. 1957c-5(d)), an approved implementation procedure or plan under Section 111(c) or Section 111(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or approved implementation procedure under Section

112(d) of the Air Act (42 U.S.C. 1857c-7(d)).

InterMountain ESD RFP #22-01 Page 25 of 29

D. The term "Clean Air Standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by Section 402 of the Water Act (33 U.S.C. 1342) or by local government to ensure compliance with pretreatment regulations as required by Section 307 of the

Water Act (33 U.S.C. 1317).

E. The term "Compliance" means compliance with Clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an Air or Water Pollution Control Agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.

F. The term "facility" means any building, plant, installation, structure, mine, vessel, or other floating craft, location or sites of operations, owned or supervised by the Contractor.

SIGNATURE/TITLE OF AUTHORIZED REPRESENTATIVE DATE

SIGNATURE/TITLE OF AGENCY REPRESENTATIVE DATE

InterMountain ESD RFP #22-01 Page 26 of 29

Attachment F

Certification Regarding Lobbying Disclosure of Lobbying Activities

(Complete the form that is applicable.)

NOTE: This certificate must be completed for all new and renewal contract years when the contract exceeds $100,000.

Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds.

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard

Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

Name/Address of Organization

Name/Title of Submitting Official

Signature Date

InterMountain ESD RFP #22-01 Page 27 of 29

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

1. Type of Federal Action: _____

a. contract

b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. Status of Federal Action: _____

a. bid/offer/application

b. initial award

c. post-award

3. Report Type: _____

a. initial filing

b. material change

For Material Change Only:

Year _____ Quarter _____

Date of Last Report _________

4. Name and Address of Reporting Entity:

_____Prime _____Subawardee Tier ____, if known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of

Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: ________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10a. Name and Address of Lobbying Entity:

(if individual, last name, first name, middle)

10b. Individuals Performing Services (include address if different from 10a.)

(last name, first name, middle)

11. Amount of Payment (check all that apply):

___ Actual ___ Planned

12. Type of payment (check all that apply):

___ a. retainer

___ b. one-time fee

___ c. commission ___ d. contingent fee

___ e. deferred

___ f. other; specify: ____________________________________

13. Form of Payment (check all that apply):

___ a. cash

___ b. in-kind; specify:

Nature __________________________

Actual __________________________

14. Continuation Sheet(s) SF-LLL-A Attached:

Yes_____ (Number ________)

No _____

15. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or member(s) contracted for

Payment indicated in Item 11:

Attach Continuation Sheet(s) SF-LLL-A (if necessary)

16. Information requested through this form is authorized by Title 31

U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.

This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: _____________________________________________________

Print Name: ___________________________________________________

Title: _________________________________________________________

Telephone: ____________________________________________________

Date: _________________________________________________________

Federal Use Only: Authorized for Local Reproduction

Standard Form -- LLL

InterMountain ESD RFP #22-01 Page 28 of 29

DISCLOSURE OF LOBBYING ACTIVITIES

CONTINUATION SHEET SF-LLL-A

Reporting

Entity:______________________________________________Page_________of__________

InterMountain ESD RFP #22-01 Page 29 of 29

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. If the space on the form is inadequate, use of SF-LLL-A Continuation Sheet for additional information. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of

Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered

Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal

Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal

(RFP) Number, Invitation for Bid (IFB) Number; grant announcement number; the contract, grant or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by…