On-Call Facilities Maintenance Services No. RFP 202110-10035.docx

City of Hillsboro, Oregon Request for Proposals

On-Call Facilities Maintenance Services RFP No. 202110-10035

Contact:

Direct Questions to: Michael Lucas, Sr. Buyer Email: michael.lucas@hillsboro-oregon.gov Phone: (503) 681-5220

Submit Proposals Electronically to:

Submit proposals electronically on the City’s eBidding site located at: https://www.hillsboro-oregon.gov/Bid-RFP.

Hard copy proposals will not be considered. Late proposals will not be considered.

Issue Date

Tuesday, November 9, 2021

Pre-Proposal Conference

“There will be no pre-proposal conference”

Deadline for Questions and Protest of Specifications:

5:00:00 PM PST on Friday, November 26, 2021

Proposal Due Date and Time:

Not Later than 2:00:00 PM PST on Tuesday, December 7, 2021

PROPOSERS ARE STRONGLY ADVISED TO BEGIN UPLOADING PROPOSALS AT LEAST 30 MINUTES PRIOR TO THE PROPOSAL DUE DATE AND TIME. PROPOSALS THAT HAVE NOT UPLOADED COMPLETELY BY THE TIME PROPOSALS ARE DUE WILL BE AUTOMATICALLY DISALLOWED BY THE CITY’S EBIDDING SYSTEM.

Request for Proposals (“RFP”) Availability: This RFP is available electronically at the following: https://www.hillsboro-oregon.gov/bid-rfp . Registration is at no charge and vendors need not subscribe to access Hillsboro RFPs and other bidding opportunities.

Table of Contents

Attachment A: City’s On-Call Services Master Contract Form Attachment B: Proposer Certifications and Representations Form (returnable) Attachment C: Evaluation Criteria and Response Form (returnable) Attachment D: Cost Proposal Form (returnable) Attachment E: Task Order Form For Master Contracts (Without BOLI) Attachment F: Task Order Form For Master Contracts (With BOLI) Attachment G-1: Large Building Window Washing Services & Requirements Attachment G-2: Medium Building Window Washing Services & Requirements Attachment G-3: Small Building Window Washing Services & Requirements Attachment H: Carpet/Upholstery Cleaning Services & Requirements Attachment I: Hard Floor Cleaning Services & Requirements Attachment J: Ice Machine & Walk-in Cooler/Freezer Maintenance Services Introduction The City of Hillsboro seeks written proposals from qualified vendors able to provide maintenance and related general services to support existing City facilities and sites, specifically: Pest Control, Window Washing, Hard Floor, Carpet & Upholstery Care, Ice Machine & Walk-in Cooler/Freezer Maintenance Services, Fire Sprinkler Fitter/Pipe Fitter Services, and Biohazard Clean-up.

Contract Term The City intends to award one or more contracts for each category of work. The contract term will be up to five years. The City expects to reopen the pool for new contractors/categories of work approximately every two years or less.

Service Categories The City realizes that vendors may not provide all the items requested in this RFP. We have established the following general service categories. Suppliers may choose to respond to one or more categories of work. Suppliers may respond to each category of work in the same proposal. Separate proposals are not required. The general service categories are:

Category 1. Pest Control (Professional Service) Category 2. Window Washing (Professional Service) Category 3. Carpet & Upholstery Care (Professional Service) Category 4. Hard Floor Care (Professional Service) Category 5. Ice Machine & Walk-in Cooler/Freezer Maintenance (Trade Service) Category 6. Fire Sprinkler Fitter/Pipe Fitter Services (Trade Service) Category 7. Biohazard Clean-up (Trade Service)

Services to be provided on an As-needed Basis The City guarantees no specific level or dollar amount of purchases under a contract resulting from this RFP.

Estimated Value of Services The City estimates spending approximately $500,000 annually across all categories combined. The City will not spend more than $100,000 on any single request for services or Work/Task Order under any contract(s) resulting from this RFP.

Qualified Contractors The City will evaluate responses to this RFP and will establish Contractor Pools for each Category of Work. There may be one or more contractors selected for each Category. In this RFP selected contractors are referred to as “Qualified Contractor” or “Qualified Contractors”.

Form of Contract and Timing City and Qualified Contractor will enter a City professional services contract prior to work assignment or performance. Our professional services contract terms and conditions are provided as Attachment A.

The City will not negotiate contract terms. Any changes to contract terms must be requested prior to the deadline for questions provided on page 1 of this RFP. Accepted changes to these terms will be provided in an addendum to this RFP.

Assignment of Work When the City requires work performed, City will contact one or more Qualified Contractors for that category of work. Work will be assigned based on availability and capacity of the contractor, price, specific skills, expertise, geographic location, familiarity with site, or other criteria. Quotes for a specific project may or may not be requested.

Work Requests and Task Orders City needs will generally be communicated by email or phone. Any phone requests will be followed up with a written work/task order or other written confirmation. Work requests will generally include scope, schedule, and budget. Some requests may require a quote from Contractor(s) before work is assigned.

A percentage of the requests made by the City will be for routine maintenance that entail the Contractor providing the same basic services on an ongoing basis over several visits. In these instances, the City may issue a task order that includes regular routine services over a period of time.

There are two type of Task Order examples included as attachments to this RFP.

· Attachment E will be used for requests for services that are not subject to BOLI Prevailing Wage Rates.

· Attachment F will be used for requests for services that are subject to BOLI Prevailing Wage Rates.

The City may utilize one of these Task Order forms for any request for services. The City will utilize the appropriate Task Order form for any larger, non-urgent service request or project involving a complex scope of work and/or entails work costing over $10,000.

· The City and Contractor will agree on the work to be performed and the work schedule. All work must be preapproved by the City, prior to the work starting.

· The work may be scheduled during normal business hours, after hours, or on weekends.

· When a Task Order is utilized, Contractors must reference the Task Order number on all invoices submitted for payment against that Task Order. The City may deny or delay payment until the Contractor submits the invoice(s) notating the appropriate Task Order number or the other information requested in Section 2.1.9 Invoicing of this RFP.

About the City of Hillsboro Proposers are encouraged to visit the City’s website (www.hillsboro-oregon.gov) and learn about the City’s history, our strategic plan, projects and initiatives.

Environmental Sustainability Hillsboro is a community in transition. The City has experienced rapid growth and diversification of its population and economic base over the past 20 years. This growth has created new economic opportunities as well as pressures on economic, social, and environmental resources.

The City’s Sustainability Plan details the structure and process of the City’s sustainability efforts, including long range goals, principals, ongoing efforts, and new opportunities. The City welcomes the support of our contractors and business community in these efforts.

Participation of Minority-owned, Women-owned and Emerging Small Businesses Minority-owned businesses, women-owned businesses, veteran-owned businesses, emerging businesses (COBID Businesses) and local businesses are encouraged to propose. All proposers are encouraged to contact COBID businesses and consider these businesses when subcontracting or partnering. Businesses or individuals will not be discriminated against on the grounds of race, color, or national origin, in the awarding of a contract or contracts resulting from this RFP.

RFP Questions, Clarifications and Changes Any Proposer requiring clarification of the information provided in this solicitation must submit specific questions or comments in writing (preferably in email) to the Contact shown on page 1 of this document. The deadline for submitting such questions is also shown on page 1 of this document.

Changes to the RFP and Addenda If the City determines that additional information or clarification to the RFP is necessary, or if changes are made to the RFP, such information will be supplied in addenda, posted as specified on page 1 of this RFP.

Addenda shall have the same binding effect as though contained in this RFP. The City shall issue all addenda not less than five (5) days prior to Proposals Due.

Verbal statements made by the City’s representatives are not binding on the City unless confirmed by written addendum.

Statement of Work Contractor shall provide the services specified for each Category of work contracted. Work shall be provided on an on-call/as-needed basis as requested by the City. Contractor shall comply with and be responsible for the duties and requirements specified within the Scope of Work for each Category of work contracted. Contractor shall also meet all requirements and specifications listed in 2.1: General Requirements: Applies to All Categories.

General Requirements: Applies to All Categories

High Quality Work Guarantee The City requires Contractors meet the reasonable standard of care prevalent in the industry/category of work being performed. The awarded Contractor(s) shall fully guarantee all workmanship and parts furnished and installed under this contract against defect for one (1) year after completion. Defects will be repaired or replaced at no charge to the City. Contractor(s) must supply the City with all warranty information whether it be expressed or implied.

All services, which include services performed, material furnished or utilized in the performance of service, and workmanship in the performance of services provided by a Contractor shall be subject to the inspection and acceptance by the City before payment will be made by the City to the Contractor for such services. Any goods or services provided by the Contractor without the consent of the City cannot be guaranteed payment.

Timely Response to City Request Unless otherwise specified in the category scope:

Contractor must respond to Standard Work requests for quotes within seventy-two (72) hours with either a quote or letting the City know if Contractor is unavailable.

For Emergency Work, Contractor must respond as above within twenty-four (24) hours or less of a request, including mobilization and beginning work.

Applicable Regulations/Published Standards for Work/Certifications or Licensure Contractor shall maintain, as current, all state, federal and industry required certifications and licenses for each Category of work contracted. Where certifications are per individual: Contractor shall only assign City work to those employees with all state, federal and industry required certifications and licenses required for the work performed. Contractor must provide proof of all valid and current certifications and licensures prior to execution of a contract resulting from this solicitation. Contractor must inform City if any required licenses or certifications lapse or are no longer maintained.

Minimum Required Qualifications In addition to Contractor holding all current required state, federal and industry certifications, and licenses for each Category of work contracted, the Contractor must meet the following qualifications to be awarded a contract for any of these Categories.

Contractor’s business must have a minimum of five (5) years’ operating experience within the category of service.

Any worker performing work on behalf of the Contractor for the City must be certified within the field, licensed, bonded, and possess at least three (3) years of experience working within the category of service.

The Contractor must be able to provide all necessary labor, supplies, materials, equipment, tools, vehicles, uniforms, chemicals, and supervision necessary to satisfactorily perform the services the Contractor has contracted with the City to provide.

Safety All personal protective equipment (PPE) and work performance and practices must comply with current American National Standards Institute (ANSI) Safety Standards, state/Oregon Health Authority (OHA), and Occupational Safety and Health Administration (OSHA) requirements. This includes but is not limited to measures to prevent the spread of COVID-19.

When performing the Work, Contractor’s employees and subcontractors using equipment shall be trained, and licensed as necessary, to use such equipment.

Contractor shall supply and post signage to establish a work zone. When working in a public area, Contractor will keep the public out of the established work zone.

Contractor must follow all OSHA, state, and federal regulations regarding safety during the performance of the Work.

Prior to the commencement of any services for the City that involve the use of chemical materials, the Contractor shall submit to the City’s representative or designee a list giving the name of the manufacturer, safety data sheets (SDS), the brand name, specifications, and intended use of any chemical materials the Contractor intends to use in the performance of the requested services. The Contractor shall not use any chemical materials which the City’s representative, or designee determines would be unsuitable for the purpose or harmful to the environment. Contractor shall keep this list up to date and provide the City with any updated list.

· Contractor must report to the City any City owned fixtures or equipment encountered in the course of their work that could potentially present a health and/or safety risk.

· Any work near overhead or underground utility-owned facilities shall be performed in compliance with the requirements and regulations established by the utility owner.

Access to City Premises The Contractor and its employees shall be entitled to enter upon and remain on the City’s premises only as necessary to perform the Services required herein. Access by the Contractor’s employees shall be limited to the areas on the City’s premises designated within the awarded contract or available for common use. Contractor shall abide by the following security guidelines, as well as any additional security measures as directed by the City:

The Contractor and its employees will only utilize the designated point of entry and abide by all City security procedures.

The Contractor and its employees must have in the possession will on the premises a valid government issued identification card.

The Contractor and its employees must always wear company uniforms and clearly display all required building identification devices.

The Contractor and its employees must exercise proper control and care for City property, to include the securing of doors and use of any materials.

The carrying or use of personal items, i.e., backpacks while performing your duties is strictly prohibited.

When working on the City’s premises the Contractor’s personnel must report to the designated City representative prior to the start and at the end of every visit. The designated City representative shall sign-off on every report and/or work order after the visit is completed.

Mobilization Mobilization means the initial assessment of work required and deployment of all necessary labor, materials, and machinery to the designated work site. Unless otherwise specified in the quote, confirmation, work order or task order mobilization will be as follows:

Standard Mobilization – Assessment of the designated work site and work shall commence within two (2) hours and work shall commence within forty-eight (48) hours of City’s initial notification unless City requests a later mobilization time/date.

Emergency Mobilization – Assessment of the designated work site and work shall be completed within two (2) hours and work shall commence within twenty-four (24) hours of the City’s initial notification. Contractor shall have the capacity to respond and mobilize sufficient resources for emergency requests outside of normal business hours, weekends, and Holidays if needed.

Equipment, transportation, and other mobilization are considered incidental costs. Such costs shall be included in the rates proposed.

Employees The Contractor shall require all employees while performing services under this agreement to wear distinctive uniform clothing for easy identification and assure that every employee is in uniform while providing services for the City. Employees shall wear uniforms consisting of shirts and trousers, coveralls, or smocks, as appropriate, for women.

· The uniform shall have the Contractors' and employees’ names, easily identifiable, affixed thereon in a permanent or semi-permanent manner such as a badge or monogram.

· A photo ID card easily visible is also required to be worn by each employee.

· Employees shall be required to dress neatly with clean clothing, commensurate with the tasks being performed.

· All employees assigned to assist, work, or perform any duties on premises owned by the City shall have been employed by the Contractor for a period not less than thirty (30) days, during which time all pre-employment, background, security screening requirements, and training as required by these requirements shall have been completed.

Invoicing Invoices must include: invoice date, date(s) and description of work performed, rates charged and by what unit of measure, contract number, name of department and department personnel who requested or is overseeing the work, and a Task Order number (if applicable).

Invoices must be accurate and timely.

Contractor must provide a contact for questions regarding invoicing and must be responsive to City calls regarding invoice questions.

Invoicing assistance must be available during standard business hours.

Contractor must resolve any invoicing issues within 10 business days and before the next invoice is submitted.

Customer Service Contractor must provide a supervisor and/or primary representative to work with City staff on overall issues and questions regarding the services the Contractor is providing the City. The name and telephone number of the supervisor and/or primary representative shall be provided to the representative assigned by the City to oversee the requested work.

Contractor must strive to return all calls/emails within the same day; calls and emails must be returned within forty-eight (48) hours at the latest.

Contractor must work collaboratively with City staff to resolve any issues or problems that arise in the performance of the contract.

Subcontracting Subcontracting shall not exceed 50% of the Work unless preapproved by the City. Subcontracting shall be charged at cost; administrative markups for subcontracting will not be allowed.

City Responsibilities The City will provide the following:

A manager, supervisor, or City representative responsible for coordination and acceptance of work.

A clear and understandable scope of work, expectation of work performance, and service delivery schedule for each Task Order assigned to Contractor.

Scope of Work: By Category

Category 1: Pest Control

Scope of Work Description

· Contractor will be responsible for providing on-call and potentially routinely scheduled pest control services to the City. Pest include, but not limited to; spiders, cockroaches, beetles, crickets, grasshoppers, ants (all species), earwigs, sow bugs, silverfish, fleas and other biting insects, wasps, hornets and other stinging insects, mice, rats, and other rodents. The pest control services shall be for both interior and exterior locations and areas on City property.

· All pest control services rendered to the City shall be in accordance with Federal, State and Local rules and regulations. Any and all chemicals used during the service must be approved for its intended use and applied in a manner consistent with the regulations established by the State of Oregon Department of Agriculture and consistent with EPA and OSHA standards.

· On rare occasion, the City may require emergency pest control services, so we are seeking to contract with a Contractor who is set up to provide such services twenty-four hours a day, seven days a week.

· The Contractor shall submit a copy of the company’s Integrated Pest Management (IPM) policy along with the proposal. Should the Contractor not have a current IPM policy, the Contractor must establish an IPM policy and submit along with the proposal. The Contractor selected to provide pest control services to the City, shall implement the IPM policy by the start date of services provided under a contract awarded as a result of this solicitation.

· The Contractor must perform a thorough inspection during service calls and provide the City with a copy of a written summary of each visit including arrival/departure times, findings, description of services provided, results, and plan for ongoing mitigation as needed.

· If the City requests ongoing routinely scheduled maintenance, the Contractor shall provide an activity report accompanying any billing/invoice for that activity.

Category 2: Window Washing

Scope of Work Description

· See Attachments G-1, G-2, and G-3 scopes of work, specifications, and requirements (Note – Repelling will be a requirement of any Contractor to provide window washing services for the City’s Large Buildings detailed in Attachment G-1).

Category 3: Carpet/Upholstery Cleaning Services

Scope of Work Description

· See Attachment H for scope of work, responsibilities, and requirements.

Category 4: Hard Floor Cleaning Services

Scope of Work Description

· See Attachment I for scope of work, responsibilities, and requirements.

Category 5: Ice Machine & Walk-in Cooler/Freezer Maintenance

Scope of Work Description

· See Attachment J for scope of work, responsibilities, and requirements.

Category 6: Fire Sprinkler Fitter/Pipe Fitter Services

Scope of Work Description

· Contractor must have a minimum of five (5) years’ experience with installations, repairs, and alterations of fire suppression systems.

· All technicians working on behalf of the Contractor for the City must be able to repair any type of system, wet, dry, anti-freeze, pre-action, and fire pumps.

· Contractor must be able to inspect and maintain all fire suppression systems the City utilizes.

· Contractor must be able to repair fire hydrants, PIVs, and FDCs.

· Contractor must have and be able to provide the City emergency support twenty-four (24) hours a day, seven (7) days a week.

· Contractor must be NICET Fire Protection Certified by a qualified firm to provide the following; Inspection & Testing of Water-Based Systems, Special Hazard Systems, and Water-Based Systems Layout.

Category 7: Biohazard Clean-up

Scope of Work Description

· Contractor shall provide a rate sheet and a cost estimate for each request for service made by the City, except in an emergency when time is of the essence. The cost estimate must be agreed upon by the designated City representative prior to the Contractor providing any services.

· Contractor shall provide clean-up documentation in the form of an email with pictures (before and after).

· Contractor to dispose of all items collected during clean-up properly at their own site.

· Clear debris from sites where there has been overnight camping and any materials that may qualify as property must be stored by the Contractor for thirty (30) days. If unclaimed after that time the property can be discarded.

· Sanitize all high touchpoint surfaces including, but not limited to; knobs, handles, toilet seats, floors, cabinets, counters, faucets/sinks, mirrors, elevator buttons, drinking fountains, and alarm keypads.

· Clean and sanitize the following areas including, but not limited to; restrooms, stair wells, landscape beds, sidewalks/walkways/breezeways, porta potties, buildings, park sites, and parking lots.

· Patrol sites for and remove trash, homeless debris, shopping carts, and graffiti.

· Contractor must report any instances of graffiti containing hate speech or racial slurs to Hillsboro’s Police Department using the following non-emergency phone number (503) 629-0111 before taking any action to remove and/or clean the area.

· All workers providing hazardous clean-up services on behalf of the Contractor to the City must possess the appropriate OSHA training and be certified by the American Bio Recovery Association?

· Contractor must be equipped with the necessary equipment and cleaning solutions to clean-up and dispose of hazardous materials such as, blood/bodily fluids, human waste, acids and petroleum products, construction debris and unwanted vehicles/RVs.

· Contractor must have the ability to clean areas with pressure washing/vacuuming equipment that can wash and suction water at the same time so at least 95% of the expended water used to wash the contaminated surface is captured, disposed of appropriately, and kept out of storm drains and wetlands.

Proposal Format, Content, and Submission City Proposal Format

· Proposal will be submitted electronically. See Proposal Submission for details.

· Proposal must include Attachment B. Certifications and Representations, signed.

· Proposal addresses all evaluation criteria in the order presented in this RFP.

· Proposal is 15 pages or less in length, not including attachments, reports or resumes.

· Please do not include sales or promotional materials as part of proposal.

These standards are recommended. Proposals not conforming to these standards may receive lower scores if, for example, proposals are overly lengthy or responses to evaluation questions are not easily located within the proposal.

Proposal Content Checklist This is a summary of the items which should be included in your proposal:

Attachment B. Proposer Certifications and Representations Form The purpose of this form includes but is not limited to: assuring the City is gathering the information required by Oregon State Statute 279B and other statutes, and to assure the City has the necessary identification information regarding the Proposer to properly evaluate the proposal.

Attachment C. Cost Proposal Form/Rate Sheet The purpose of this attachment is for Proposers to provide specific dollar amounts covering compensation for specified services and the fees for equipment and materials essential to providing the services but not computed in the rate of compensation.

If a Proposer has a current standard Rate Sheet, that is professional in quality, easily understandable, and includes all of the requested information, that can be submitted in lieu of filling out the Cost Proposal Form. If a Proposer is responding to multiple service categories a separate Cost Proposal Form or Rate Sheet must be submitted for each service category being proposed.

Attachment D. Evaluation Criteria and Response Form The purpose of this form is to provide Proposers the criteria upon which written proposals will be evaluated and the points available for each criterion. In addition, Proposers may use this form to respond to the criteria questions. Proposers may need to supplement this form with additional attachments or documentation to provide a complete proposal.

Proposal Submission Once you have completed your proposal, submit your proposal by uploading it electronically through the City’s eBidding site specified on page 1 of this RFP. Do not submit proposals in hardcopy. Hardcopy proposals shall not be accepted for this RFP process.

If you have questions about submitting, contact BiddingoUSA at (323) 206-4114 or email Purchasing at purchasing@hillsboro-oregon.gov.

It is the Proposer’s sole responsibility to ensure that its proposal is delivered prior to the RFP closing date and time. Proposals not submitted to the City’s eBidding site by the due date and time shall be considered late. Late proposals shall be ineligible for award consideration. The eBidding site clock will be used to determine timeliness.

Proposal Evaluation Clarification of Responses If the City deems one or more proposals need clarification, it will request such clarification in writing. The City will afford the Proposer(s) contacted an opportunity to respond with the necessary clarification.

Written Proposal Evaluation An Evaluation Committee, consisting of not less than three individuals, will evaluate the written proposals. Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria. The City may assign certain evaluators specific Evaluation Criteria, in alignment with the evaluator’s expertise. The City may appoint different evaluation committee members to each tier of the evaluation process. The City reserves the right to conclude evaluations after any evaluation tier and all evaluation tiers, beyond the written evaluation tier, will be conducted at the City’s discretion.

Each evaluator shall independently score each proposal in accordance with the Evaluation Criteria and will then sum his or her scores for each proposal. The scores of all evaluators will then be totaled. If there are no other evaluation steps, the City will rank proposals based on scoring and will award to the Proposer whose proposal is most advantageous to the City.

Interviews and Interview Evaluation At the City’s sole option, interviews may also be conducted. The City will determine those Proposers which are highest scoring after written proposal evaluations and will invite these Proposers to an interview. These Proposers are also known as the Proposers “within the Competitive Range”. Each interview evaluator will independently score each proposal in accordance with the Interview Evaluation Criteria and will then sum his or her scores for each proposal. The interview scores of all evaluators will then be totaled. If there are no other evaluation steps, the City will rank proposals based on a combination of written and interview evaluation as follows: Some criteria are considered only in written evaluation and not in interviews (for example, this generally includes pricing). The scores for those written criteria only will be carried forward to the final scoring and will be added to the interview evaluation scores for the final scores. Upon evaluation of the final scores, the City will award the Proposer whose proposal is most advantageous to the City.

References The City reserves the right to investigate references, including customers other than those listed in a Proposer’s 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.

Notification of Intent to Award and Negotiation

Notification of Intent to Award The City shall notify Proposers of its Intent to Award by posting such notification on the website specified on page 1 of this RFP, or the City shall notify Proposers of its Intent to Award by emailing such notification to the individual and business named on Attachment A, at the email address provided.

Negotiation The City will conduct a Serial Negotiation process. The City will commence negotiations with the highest-ranked eligible Proposer. At any time during negotiations, the City may terminate negotiations with the highest-ranked eligible Proposer. In this event, the City may commence negotiations with the next highest-scoring eligible Proposer and continue the sequential process until the City has either determined to Award the Contract to the eligible Proposer with whom it is currently negotiating; or decided to cancel the Procurement under ORS 279B.100.

Negotiable Items The City reserves the right to negotiate final contract terms with the selected Proposer(s) to the fullest extent allowed by law and as in the best interest of the City.

Solicitation Terms and Conditions Proposer Cost of Response Preparation Proposers will bear sole responsibility for all costs incurred in preparing and providing their proposals in response to this RFP.

Submitted Materials are City Property All materials submitted for any proportion of a Proposal in response to this RFP, or during any tier of this solicitation, will become the property of the City and will not be returned to Proposers.

Proposal Validity Proposals will remain valid for a period of 90 Days following the Proposal submission deadline.

Solicitation Cancellation, Rejection of a Proposal or All Proposals The City may cancel the Procurement or reject any or all Proposals in accordance with ORS 279B.100.

The City is not liable to any Proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a Proposal.

Disputes In case of any doubt or difference of opinion as to: The items or service to be furnished under this RFP, or the interpretation of the provisions of the RFP, the decision of the City will be final and binding upon all parties.

Publicity News releases relating to this RFP will not be made without prior approval by, and in coordination with, the City’s Communication department.

Preference for Recycled Materials The City will give preference for Recycled Materials as set forth in ORS 279A.125 if:

· The Recycled Product is available;

· The Recycled Product meets applicable standards

· The Recycled Product can be substituted for a comparable non-recycled product; and

· The Recycled Product’s costs do not exceed the costs of non-recycled products by more than 5%, or a higher percentage if the City makes such a written determination.

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

The Proposer shall mark all proposal pages containing the records it has determined as confidential under Oregon Public Records Law and shall segregate those pages in the following manner:

· Such pages will be clearly marked “Confidential” on each page of the confidential document.

· Proposer will separate confidential pages from its other Proposal pages by providing the confidential pages to the City in a separate envelope, package, email, or electronic file.

· In its Proposal, Proposer will cite the specific statutory exemption in Oregon Records Law exempting such pages from disclosure.

· This section 5.8 will prevail in the event these provisions conflict with formatting or response instructions elsewhere in this document.

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

Notwithstanding the above procedures, the City reserves the right to disclose information that the City determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by a court or entity of competent jurisdiction.

Prior to disclosing such information, the City will make reasonable attempts to notify the Proposer of the pending disclosure.

Protest of Solicitation or Award Protest of Solicitation or Contract Documents Any prospective Proposer wishing to protest this RFP or any provision, specification, or contract term herein, must submit such a protest to the Contact on page 1 of this RFP.

The deadline for submitting such protests is the same date as the deadline for questions listed on page 1 of this RFP.

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

· Sufficient information to identify the solicitation that is the subject of the protest;

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

· Evidence or supporting documentation that supports the grounds on which the protest is based; and

· A statement of the desired changes to the Procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the prospective Proposer based its protest.

Protest of Contract Award Adversely affected Proposers who wish to protest the Competitive Range, proposal rejection as non-responsive, the Intent to Award a contract, may do so providing:

· The Proposer is adversely affected because the Proposer would be eligible to be awarded the contract if the protest was successful: and

· The reason for the protest is that all higher-ranked proposals are non-responsive;

· The City has failed to conduct the evaluation of Proposals in accordance with the criteria or processes described in the solicitation materials;

· The City has abused its discretion in rejecting the protestor’s Proposal as non-responsive or;

· The City’s evaluation of Proposals or the City’s subsequent determination of Award is otherwise in violation of its Public Contracting Rules or the Public Contracting Code.

An affected Proposer may only protest its exclusion from a tier of competition if the Proposer is responsible, submitted a responsive proposal and, but for the City’s mistake in evaluating the Proposer’s offer, or other Proposer Offers, the protesting Proposer would have been eligible to participate in the next tier of competition.

All protests must be emailed to: the Purchasing Manager or designee at Purchasing@hillsboro-oregon.gov no later than 2:00 PM Pacific Time on the seventh (7th) calendar day after the posted Notice of Intent to Award or rejection.

Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used in scoring by individual evaluators is not grounds for protest.

Protests not filed within the time specified time herein, 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 solicitation or contract documents is not grounds for protest.

Contract Terms and Conditions City Contract Proposers are advised to thoroughly review and familiarize themselves with the City sample standard contract incorporated as Attachment A. The successful Proposer will be invited to enter a contract in substantially the form attached hereto as Attachment A. Any contract resulting from this RFP shall be based on the RFP documents and in compliance with the City’s Public Contracting Rules and the Public Contracting Code.

Insurance Proposers are advised to carefully review the insurance requirements contained in the sample standard contract.

Intergovernmental Permissive Cooperative Agreement At the discretion of the Contractor and pursuant to ORS 279A and City procurement rules, other public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s), under terms and conditions of the resultant contract.

Any such purchases shall be between the Contractor and the participating public agency and shall not impact the Contractor’s obligations to the City. Any estimated purchase volumes listed herein do not include other public agencies and the City makes no guarantee as to their participation.

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