ORCA RFP 2024-2 Curriculum and Technology Services.pdf

OREGON CHARTER ACADEMY

(“ORCA”)

REQUEST FOR PROPOSALS (“RFP 2024-2”)

(ORS 279B.060)

FOR

COMPREHENSIVE VIRTUAL CHARTER SCHOOL

CURRICULUM AND TECHNOLOGY MANAGEMENT

SERVICES (“VIRTUAL CHARTER SCHOOL

SERVICES”)

Date of Issue: September 16, 2024

Closing Date and Time: October 14, 2024 at 2:00 PM Pacific Time

Single Point of Contact (SPC): Allison Galvin, ORCA Executive Director

Address: 30485 SW Boones Ferry Rd, Suite 202

City, State, Zip Wilsonville, Oregon, 97070

Phone 1-503-897-2272

E-mail (SPC): agalvin@oregoncharter.org

Oregon Charter Academy promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 OVERVIEW AND PURPOSE

2.3 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROPOSAL REQUIREMENTS

3.1 GENERAL PROPOSAL CONTENT GUIDELINES

3.2 PROPOSAL SUBMISSION REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE AND ADDENDA

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 FINAL DETERMINATION

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

6.3 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.4 COST OF SUBMITTING A PROPOSAL

6.5 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A PRICE PROPOSAL FORM

ATTACHMENT B PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT C RESPONSIBILITY INQUIRY

ATTACHMENT D DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT E SAMPLE SERVICES AGREEMENT

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

Oregon Charter Academy (“ORCA”) is a public K-12 virtual charter school and non-profit corporation governed by ORS Chapter 338. ORCA provides an online, virtual education to approximately 2,500 public school students statewide from its base of operations in Mill City, OR. Pursuant to Oregon law, ORCA currently operates pursuant to a written charter agreement with the Santiam Canyon School District 129J.

Notice is hereby given that ORCA requests proposals from qualified, responsible proposers authorized to do business in the State of Oregon to provide ORCA with comprehensive virtual charter school curriculum and technology management services. ORCA seeks a five (5) year contract proposed to begin on July 1, 2025 and expire on June 30, 2030. ORCA expects that any proposer share ORCA’s values of highly ethical conduct, fiscal responsibility, respect for ORCA’s mission and purposes, and responsiveness to the needs of ORCA, its students, parents, and other stakeholders.

Additional details on the scope of the goods or services sought are included in the Scope of Work section of the RFP.

The Request for Proposals and related documents (“RFP 2024-2”) can be obtained through OregonBuys, the State of Oregon’s web-based eProcurement system at https://oregonbuys.gov/bso/, or from ORCA’s website at www.oregoncharter.org/procurement.

Hard copies of solicitation documents will not be mailed to proposers. It is imperative that proposers check OregonBuys regularly for addenda, clarifications, and other notifications that may be pertinent. In addition, all proposers known by ORCA to have received a complete set of RFP 2024-2 documents will receive notification when additional items are posted.

The successful proposer will be asked to negotiate and sign a contract with ORCA based on that proposer’s proposal for services, for the pricing terms set out and proposed therein. ORCA will require that any proposer demonstrate, among other things, specific levels of insurance, state and local licensure required for the services in question, and a tax identification number.

Proposals shall be delivered to Oregon Charter Academy via email to the SPC. The subject line of the email shall state RFP 2024-2 and Proposer’s name.

Proposals will be received until 2:00PM on October 14, 2024. Proposals received after the 2:00PM deadline will not be considered and will be returned unopened to the proposer(s).

ORCA may reject any proposal not in compliance with all prescribed solicitation procedures and requirements and other applicable law and may reject any or all proposals in whole or in part when the cancellation or rejection is in the best interest of ORCA, and at no cost to ORCA.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change through issued Addenda.

Event Date Time

Issuance of RFP September 16, 2024

Questions / Requests for Clarification Due

October 7, 2024 5:00 PM

RFP Protest Period Ends October 7, 2024 5:00 PM

Addenda Deadline October 11, 2024 2:00 PM

Closing (Proposal Due) October 14, 2024 2:00 PM

Opening of Proposal October 14, 2024 2:30 PM

Evaluation (approx.) October 15-21, 2024

Issuance of Notice of Intent to Award (approx.)

October 22, 2024

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

Contract Negotiation Period 30 calendar days commencing upon expiration of Award Protest Period

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for RFP 2024-2 is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of RFP 2024-2 only to the SPC via email, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

ORCA is required to conduct procurements of goods and services in compliance with relevant terms of the Oregon Public Contracting Code (ORS Chapters 279A and 279B), pursuant to ORS 338.115(1)(e). ORCA issues RFP 2024-2 pursuant to its authority as a “local contracting agency,” as defined by ORS 279A.010(1)(p).

ORCA is using the Competitive Sealed Proposal method for this procurement, pursuant to ORS 279B.060 and OAR 137-047-0260.

2.2 OVERVIEW AND PURPOSE

2.2.1 ORCA Overview and Background

ORCA was first chartered in 2005 and is currently in the fifth year of its second five-year Charter term with the Santiam Canyon School District 129J. The ORCA Board of Directors is excited about the future of virtual public education in Oregon and desires to maximize opportunities for Oregon families who choose ORCA as the provider of their children’s education. To that end, ORCA consistently explores all possible options to achieve its goal of offering the highest quality public virtual education.

ORCA served approximately 2,500 students in K-12 during the current 2023-24 school year.

ORCA serves a diverse student population with 16.9% of students identified as Hispanic/Latino, 2.3% identified as Asian, 2.5% identified as Black/African American, 0.1% identified as Native Hawaiian/Other Pacific Islander, and 2.2% identified as American Indian/Alaskan Native. In addition, special populations constitute 17.5% of students and 46% of students qualify for the Free and Reduced Lunch program.

In recognition of its effective and innovative educational approach, ORCA is accredited by Cognia®, also being recognized by Cognia as a School of Distinction. ORCA continually strives to improve its academic performance and focus resources and interventions on struggling students while also supporting and challenging accelerated students.

ORCA currently contracts for virtual charter school curriculum and technology management services with SYS Education, LLC (“SYS”). ORCA’s current agreement with SYS expires on June 30, 2025.

ORCA represents an outstanding and innovative educational choice for Oregon families. One of the most significant benefits ORCA brings is the ability to serve students that are underserved or not being served within the district and larger community. Many athletes, medically homebound, bullied, homeschooled, or special needs students seek out ORCA. Some students choose to enroll simply because they need a flexible schedule and can benefit from instruction that is individualized, personalized, and flexible. The ORCA Board of Directors is dedicated to serving these students throughout the state, and seeks partnerships with service providers who share a similar desire to serve Oregon’s underserved student populations.

2.3 SCOPE OF WORK/SPECIFICATIONS

ORCA is seeking proposals from qualified and responsible proposers able to provide a comprehensive suite of virtual charter school services. As further described in Section 3, responsive proposals will include, at a minimum, each of the specific services outlined below (the “Scope of Work”), and Proposers must be able to demonstrate and describe in detail how all such services within the Scope of Work would be provided.

Responsive Proposals will be based on the following Scope of Work:

July 1, 2025 – June 30, 2030:

2.3.1.1 Instructional and Leadership Support

2.3.1.1.1 Annual SPED budget and program review when requested by an ORCA-appointed staff member;

2.3.1.1.2 Special Education consulting when requested by

ORCA-appointed staff member;

2.3.1.1.3 Audit curriculum created by ORCA teachers, ensuring that the curriculum (1) aligns with Oregon state standards; (2) is accessible for all students; (3) is appropriate to grade and age levels; and (4) Supports ORCA’s Mission and Vision;

2.3.1.1.4 Consultation of school-based curriculum purchases;

and

2.3.1.1.5 Support with (1) operations; (2) administrative

supervision; (3) collaborate on the evaluation of the executive director; and (4) be the point of contact for the school with the Contractor.

2.3.2 Curriculum Services

2.3.2.1 Student curriculum services

2.3.2.1.1 Ordering and building curriculum kits;

2.3.2.1.2 Warehousing and inventorying; and

2.3.2.1.3 Shipping and tracking.

2.3.3 Technical Services

2.3.3.1 Platform licensing integration and management of:

2.3.3.1.1 Instructure/Canvas;

2.3.3.1.2 Securly and Jamf;

2.3.3.1.3 Zendesk and Zoom; and

2.3.3.1.4 PowerSchool and Cloud Hosting for custom

services.

2.3.3.2 Student and staff help ticket service, including

2.3.3.2.1 Chat and voice help ticket services; and

2.3.3.2.2 Help article creation

2.3.4 Social Media/Marketing Services

2.3.4.1 Management of Charter Connect Marketing Service;

2.3.4.2 Manage of local public relations contract;

2.3.4.3 Graphic and digital design; and

2.3.4.4 Google analytics, including:

2.3.4.4.1 Search engine, display, and social media marketing optimizations.

2.3.5 Staff Hardware Services

2.3.5.1 Staff Macbook device purchasing, or other device as directed by the school;

2.3.5.2 Staff perifial purchasing and tracking, including:

2.3.5.2.1 Monitors;

2.3.5.2.2 Document cameras; and

2.3.5.2.3 Keyboards and mice.

2.3.5.3 Staff device tracking;

2.3.5.4 Jamf admin device setup and maintenance;

2.3.5.5 Shipping, repairing, and replacing all staff device

and hardware; and

2.3.5.6 Warehousing, storing, and updating staff devices

and hardware.

2.3.6 Student Hardware Services

2.3.6.1 Student 1 to 1 Chromebook device purchasing

2.3.6.2 BluSky, UPS and PowerSchool tracking/updating,

2.3.6.3 Shipping – deploying and receiving;

2.3.6.4 Repairing, replacing, storing, and updating devices;

2.3.6.5 Supplemental asset purchasing and management; and

2.3.6.6 Kajeet HotSpot management.

2.3.7 Website Management

2.3.7.1 Website functionality consulting and updating;

2.3.7.2 Utilizing search engine optimization; and

2.3.7.3 Producing and managing social media marketing.

2.3.8 Onboarding Management

2.3.8.1 Creating and updating of student onboarding courses for both elementary and secondary students; and

2.3.8.2 Creating and updating of staff onboarding course.

SECTION 3: PROPOSAL REQUIREMENTS

3.1 GENERAL PROPOSAL CONTENT GUIDELINES

A Responsive Proposal must address each of the elements listed in this section and all other requirements set forth in RFP 2024-2, in light of each specified service listed in the Scope of Work of Section 2.3. As appropriate, a Responsive Proposal shall describe the goods to be provided, the services to be performed, or both. A Proposal that merely offers to provide the goods or services described in RFP 2024-2 will be considered non-Responsive to RFP 2024-2, and will not be considered further.

A Proposal should not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. A Proposal should be straightforward and address directly the terms of RFP 2024-2. A Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific requested information is difficult to locate.

3.2 PROPOSAL SUBMISSION REQUIREMENTS

3.2.1 Proposal Elements

To be considered for evaluation, a Proposal must contain each of the following elements:

• Executive Summary (Mandatory)

• Virtual Charter Services Proposal (Mandatory) o Describe your company’s philosophy and approach to educational service delivery, focusing specifically on virtual education and innovation;

o Describe your company’s approach to providing each of the desired services outlined in the Scope of Work with an eye toward cost-efficiency and measurable outcomes;

o Describe your company’s unique attributes and experience in providing such services;

o Provide, if possible, a description of three similar prior or current client service relationships within the last five years, highlighting successful outcomes or unique issues overcome. If not possible, explain why such information cannot be provided.

• Price Proposal Form (Attachment A; Mandatory) o The Price Proposal Form should be submitted in a separate PDF from the rest of the Proposal.

o For each service listed in the Scope of Work, state the unit and total per contract year price for each deliverable, as well as any additional fees and expenses proposed to be charged, including any prospective increases over the life of the Contract.

o Provide total Contract price and a proposed monthly payment schedule for the life of the Contract.

• Proposer Information and Certification Sheet (Attachment B; Mandatory)

• Responsibility Inquiry (Attachment C; Mandatory)

• Disclosure Exemption Affidavit (Attachment D; Optional; attach only if claiming exemptions)

• Information Regarding Key Persons and Resumes (Mandatory) o Provide an organizational chart showing current staff that would be directly responsible for the provision of services to ORCA outlined in the Scope of Work, and provide resumes for all such current personnel (not to exceed two pages each), including relevant work experience, and demonstrating familiarity and experience with relevant state and federal education laws.

3.2.2 Proposal Page Limits

A Proposal shall be limited to twenty-five (25) pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the 25 page limit:

• Proposer Information and Certification Sheet (Attachment B)

• Responsibility Inquiry (Attachment C)

• Disclosure Exemption Affidavit (Attachment D)

• Key Persons and Resumes

3.2.3 Proposal Format and Quantity

A Proposal should follow the format, and reference the sections listed in the Proposal Elements and Scope of Work sections. Responses to each element and service should be clearly labeled to indicate the item being addressed.

Proposer shall submit one copy of its Proposal, including all attachments in PDF format. Proposer shall submit its Price Proposal as a separate PDF.

If Proposer believes any portion of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment D). Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version, in addition to the above-required copies.

The Proposer Information and Certification Sheet (Attachment B) must be completed, and bear the Proposer’s authorized representative’s Signature. Failure of the authorized representative to sign a delivered Proposal may subject the Proposal to rejection by ORCA.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE AND ADDENDA

RFP 2024-2 and all related attachments have been published for access through OregonBuys https://www.oregon.gov/das/procurement/pages/oregonbuys.aspx.

The RFP 2024-2 and all related attachments can also be obtained by accessing ORCA’s website at www.oregoncharter.org/procurement. Hard copies of RFP 2024-2 or related attachments will not be mailed to prospective Proposers.

Modifications, if any, to RFP 2024-2 or related attachments will be made by written Addenda published through OregonBuys. Prospective Proposers are responsible for checking OregonBuys to determine whether or not any Addenda have been issued. In addition, Prospective Proposers known by ORCA to have received a complete set of the RFP documents will receive notification when Addenda are posted.

All Addenda, if any, are hereby incorporated into RFP 2024-2 by this reference.

4.2 PRE-PROPOSAL CONFERENCE

There is no pre-proposal conference for this solicitation.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

Questions and request for clarification regarding this Request for Proposal must be submitted in writing, via email, to the SPC no later than as specified in the Solicitation Schedule. All questions that require modifications to the terms and conditions of the RFP will be answered by https://www.oregon.gov/das/procurement/pages/oregonbuys.aspx addenda to RFP 2024-2. Anonymity of the source of the specific questions will be maintained in the written response.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Any prospective Proposer may submit a written protest of anything contained in RFP 2024-2, including but not limited to, the RFP process and the Scope of Work. This is a prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda to the RFP as provided below.

4.4.2 Protests to Addenda

Any prospective Proposer may submit a written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by 5 p.m. Pacific Time of the second business day after issuance, or the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

4.4.3 All Protests must:

• Be delivered to the SPC via email with the subject line of “RFP 2024-2 Solicitation Protest”;

• Identify the prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based;

• State the proposed changes to the RFP or other relief sought.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements. ORCA is not responsible for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery option is permitted for RFP 2024-2:

Delivery through Email

A Proposal must be delivered through email and must be received prior to Closing. The subject line of the email must clearly identify the Proposer’s name and the RFP number. It must be sent to the SPC at the email address listed on the cover page of RFP 2024-2.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, it must submit its modification in accordance with authorized method listed in the Proposal Delivery Options section. To be effective the notice must include the RFP name and be submitted to the SPC prior to Closing.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a written notice, on Proposer’s letterhead and signed by an authorized representative of Proposer, of its intent to withdraw to the SPC via email prior to Closing. To be effective the notice must include the RFP name.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Closing. All Proposal modifications or withdrawals must be received prior to Closing.

A Proposal, modification, or withdrawal received after Closing is considered LATE and will NOT be accepted for evaluation, except as permitted in OAR 137-047-0470 or 137-047-0261. A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule and at the location stated on the cover page of RFP 2024-2. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued.

4.9 PROPOSAL REJECTION

ORCA may reject a Proposal for any of the following reasons:

• The Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• The Proposer fails to meet the responsibility requirements of ORS 279B.110.

• The Proposer makes any contact regarding RFP 2024-2 with ORCA representatives, officers, employees, or board members other than the SPC or those the SPC authorizes, or has inappropriate contact with the SPC.

• The Proposer attempts to influence a member of the Evaluation Committee.

4.10 EVALUATION PROCESS

4.10.1 FIRST LEVEL - Responsiveness and Responsibility determination

4.10.1.1 Responsiveness determination

T

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements stated herein. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal will be rejected.

4.10.1.2 Responsibility determination

ORCA will determine if an apparent successful Proposer is “responsible,” as that term is used in the Oregon Public Contracting Code, prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment C) with a Proposal. At any time prior to award, ORCA may reject a Proposer found not to be responsible.

4.10.2 SECOND LEVEL – Written Proposal Evaluation

Each Proposal meeting all responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee number and members will be determined and assigned in the sole discretion of ORCA, and may be subject to change.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Evaluators will evaluate and assign in their discretion a score for the Evaluation Criteria of each responsive Proposal, up to the maximum listed below for each element:

Price Proposals shall be opened after the technical proposal is scored. Price Proposals are scored on the following basis, for a total maximum Proposal score of 100:

• Proposer with the lowest total Price Proposal will receive 20 points.

• Proposer with the second lowest total Price Proposal will receive 10 points.

• Proposer with the third lowest total Price Proposal will receive 5 points.

• All other Proposers will receive 0 points.

ORCA prefers Oregon goods and services, and for evaluation purposes, ORCA reserves the right

TOTAL POINTS POSSIBLE: 100

EVALUATION CRITERIA Maximum Score

Executive Summary 5 Virtual Charter Services Proposal

Part 1: Educational philosophy and innovation 20 Part 2: Service delivery approach and cost-efficiency

Part 3: Proposer uniqueness and experience 20

Key Personnel and Resumes 15

Price Proposal 20 per ORS 279A.128 to subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

Based on the above scoring rubric, the Evaluation Committee shall score each of the responsive Proposals and present the SPC with their scoring worksheets. The SPC will then rank the Proposals in order of high score, and notify all Proposers of their rank. The three (3) highest-scored Proposers may be invited to attend interviews and give presentations for additional evaluation, and the remaining Proposals shall be rejected. ORCA may award the Contract to the highest-ranked Proposer at the end of this level without interviews.

4.10.3 THIRD LEVEL – Proposer interviews and presentations

Proposers progressing to this level will be invited to participate in Proposer interviews and presentations. These may occur in person at a location determined by ORCA; however, ORCA may elect to conduct virtual interviews via Zoom. Further details will be included when Proposers are notified of their rank, and invited to further evaluation. Scheduling of interview and presentation sessions shall occur within the evaluation period stated in the Schedule, subject to modification in ORCA’s discretion.

The make-up and number of the Interview Panel will be determined within the discretion of ORCA, and may include some or all members of the written Evaluation Committee. Following the interviews, each member of the Interview Panel will evaluate and assign in their discretion a second score for the Virtual Charter Services Proposal, and Key Personnel elements of the Proposal, up to the maximum listed below for each element:

All members of the Interview Panel will then provide their interview scoring worksheets to the SPC for final ranking and award determination.

4.11 FINAL DETERMINATION

At the conclusion of Proposal evaluation, the SPC will determine the cumulative score for those Proposers advancing through all levels of competition by adding the scores from each completed round. The Proposer with the highest cumulative score through all levels will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

TOTAL POINTS POSSIBLE: 100

INTERVIEW SCORING Maximum Score Virtual Charter Services Proposal

Part 1: Educational philosophy and innovation 30 Part 2: Service delivery approach and cost-efficiency

Part 3: Proposer uniqueness and experience 30

Key Personnel and Resumes 10

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

ORCA, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer whose Proposal ORCA determines is the most advantageous to ORCA based on the evaluation process and criteria described in Section 4. In ORCA’s sole discretion, ORCA may award less than the full Scope of Work defined in this RFP, or may determine not to award the Contract to any Proposer, if ORCA determines no award to be in its best interests.

5.1.2 Intent to Award Notice

ORCA will notify all Proposers in writing that ORCA intends to award a Contract to the selected Proposer subject to successful Contract negotiations.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have seven (7) calendar days from the date of the Intent to Award Notice to file a written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for a Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive;

• ORCA failed to conduct an evaluation of Proposals in accordance with the criteria or process described in RFP 2024-2;

• ORCA abused its discretion in rejecting the protestor’s Proposal as non- Responsive; or

• ORCA’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If ORCA receives only one Proposal, ORCA may elect to dispense with the evaluation process and Intent to Award protest period and proceed directly with contract negotiations and award with the sole Proposer.

5.2.1.1 Protests must:

• Be delivered to the SPC via email with subject line of “RFP 2024-2 Award Protest”

• Identify Proposer’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

5.2.2 Response to Protest

ORCA will address all timely submitted protests within a reasonable time and will issue a written decision to the respective Proposer. Protests that do not include the required information may not be considered by ORCA.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer selected for a Contract award under RFP 2024-2 will be required to submit additional information and comply with the following:

5.3.1 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by ORCA or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.2 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.3 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to ORCA a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.4 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under RFP 2024-2, Proposer must certify by their Signature on Attachment B - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

After selection of a successful Proposer, ORCA may enter into contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees (1) to comply with the requirements of RFP 2024-2, and (2) that all proposed terms of service provision of a Proposal, and the prices listed on a submitted Price Proposal Form, shall constitute a final and binding offer of Proposer throughout the duration of contract negotiations.

In the event that the parties have not reached mutually agreeable terms within thirty (30) calendar days of commencement of negotiations, ORCA, at its discretion, may terminate negotiations and commence contract negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

RFP 2024-2 is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to RFP 2024-2, evaluation and award is the Circuit Court of Linn County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by ORCA of any form of defense or immunity, or as consent to the jurisdiction of any court.

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after ORCA issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to RFP 2024-2 become the property of ORCA. By submitting a Proposal in response to RFP 2024-2, Proposer grants to ORCA a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

6.3 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, ORCA may reject any or all Proposals in-whole or in-part, or may cancel RFP 2024-2 at any time when the rejection or cancellation is in the best interest of ORCA, as determined by ORCA. ORCA shall not be liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

6.4 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

6.5 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025).

ATTACHMENT A – PRICE PROPOSAL FORM INSTRUCTIONS 52802-77231 4890-1358-6909.4

ATTACHMENT A

PRICE PROPOSAL FORM INSTRUCTIONS

Create and include with the Proposal a Price Proposal document itemizing the cost for each service listed in the Scope of Work.

Show the unit and/or per-student pricing for each service, and total per contract year price for each proposed deliverable, including any additional fees and expenses proposed to be charged.

Please note and account for any pricing variations based on proposed service add-ons or service alternatives, and account for and explain any prospective price increases over the life of the Contract.

Finally, provide also a total Contract price, and a proposed monthly payment schedule over the life of the Contract.

ATTACHMENT B

PROPOSER INFORMATION AND CERTIFICATION

SHEET

Legal Name of Proposer:

Address: City, State, Zip:

State of Incorporation: Entity Type:

Contact Name: Telephone: Email:

Oregon Business Registry Number (if required):

Any individual signing below hereby certifies they are an authorized representative of Proposer and that:

1. Proposer understands and accepts the requirements of RFP 2024-2 for Virtual Charter School Curriculum and Technology Management Services.. By submitting a Proposal, Proposer agrees to be bound by the Contract terms and conditions in Attachment A and as modified by any Addenda, except for those terms and conditions that Agency has reserved for negotiation, as identified in the RFP.

2. Proposer acknowledges receipt of any and all Addenda to RFP 2024-2.

3. Proposal is a Firm Offer for 180 days following the Closing.

4. If awarded a Contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract.

5. I have knowledge regarding Proposer’s payment of taxes and by signing below I hereby certify that, to the best of my knowledge, Proposer is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

6. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Proposer does not discriminate against any business certified under ORS

200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. If applicable, Proposer has, or will have prior to contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112 (formerly HB 3060), of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class. ORCA may not enter into a contract with an anticipated contract price of $150,000 or more with a Proposer that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information and sample policy template.

7. Proposer complies with ORS 652.220 and does not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class.

“Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

Contractor’s continuing compliance constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

8. Proposer is not engaged in the provision of broadband Internet access service, or if at any time Proposer is engaged in or may engage in the provision of broadband Internet access service Proposer is in compliance with Oregon Laws 2018, Chapter 88 (HB 4155) and applicable Public Utility Commission rules, and will remain in compliance throughout the term of the Contract.

9. Proposer and Proposer’s employees, agents, and subcontractors are not included on:

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf., or

B. the government wide exclusions lists in the System for Award Management found at:

https://www.sam.gov/portal/

10. Proposer certifies that, to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of ORCA, on the other hand, arising out of, or relating in any way to, the subject matter of the RFP. If any changes occur with respect to Proposer’s status regarding conflict of interest, Proposer shall promptly notify ORCA in writing.

11. Proposer certifies that all contents of the Proposal (including any other forms or documentation, if required under RFP 2024-2) and this Proposal Certification Sheet are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.

12. Proposer understands that any statement or representation it makes, in response to RFP https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://www.sam.gov/portal/

2024-2, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

13. Proposer acknowledges these certifications are in addition to any certifications required in the Contract and Statement of Work in Attachment A at the time of Contract execution.

Authorized Signature Date

(Printed Name and Title)

ATTACHMENT C

RESPONSIBILITY INQUIRY

ORCA will determine responsibility of a Proposer prior to award and execution of a Contract. In addition to this form, Agency may notify Proposer of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

1. Does Proposer have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Proposer to meet all contractual responsibilities? YES / NO .

2. Within the last five years, how many contracts of a similar nature has Proposer completed that, to the extent that the costs associated with and time available to perform the contract remained within Proposer′s control, Proposer stayed within the time and budget allotted, and there were no contract claims by any party? Number:

How many contracts did not meet those standards? Number: If any, please explain.

3. Within the last three years has Proposer (incl. a partner or shareholder owning 10% or more of Proposer’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:

• obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract,

• violation of federal or state antitrust statutes relating to the submission of bids or Proposals, or

• embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES / NO .

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

4. Within the last three years, has Proposer had:

Response:

• any contracts terminated for default by any government agency, or any lawsuits filed against it by creditors or involving contract disputes? YES /NO .

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

5. Does Proposer have any outstanding or pending judgments against it? YES / NO .

Is Proposer experiencing financial distress or having difficulty securing financing?

YES / NO .

Does Proposer have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES / NO

If "YES” on the first question or second question, or “NO” on the third question, please provide additional details.

6. Within the last three years, has Proposer filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES / NO .

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

7. Does Proposer have all required licenses, insurance and/or registrations, if any, and is Proposer legally authorized to do business in the State of Oregon? YES /NO .

If "NO," please explain.

8. Pay Equity Certificate. This certificate is required if Proposer employs 50 or more full-time workers and the prospective contract price is estimated to exceed $500,000. Does a current authorized representative of Proposer possess an unexpired Pay Equity Certificate issued by the Oregon Department of Administrative Services? YES / NO / N/A .

[If the certificate was provided with the Bid or Proposal submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” or “see Proposal” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

Response:

Response:

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Proposer certifies to the best of their knowledge and belief that the responses provided on this form are complete, accurate, and not misleading.

Proposer Name: RFP: 2024-2

Project Name: Virtual Charters School Curriculum and Technology Management Services

Authorized Signature Date

Print Name Title

ATTACHMENT D

DISCLOSURE EXEMPTION AFFIDAVIT

(Affiant), being first duly sworn under oath, and representing [insert Proposer Name]

(hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the “Proposal”), to Oregon Charter Academy in response to Request for Proposals 2024-2, for virtual charter school curriculum and technology management services, and I am familiar with the contents of RFP 2024-2 and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS

646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information is exempt from disclosure under Oregon’s Public Records Law under the specifically designated sections as set forth in Exhibit A or constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

i. is not patented,

ii. is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts,

iii. has actual or potential commercial value, and

iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

or

B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Affiant’s Signature

STATE OF ___________)

) ss:

County of ___________)

Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of _________________

My Commission Expires: _________

EXHIBIT A TO ATTACHMENT D

Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s):

Agreement for Virtual Charter School Services Page 1 of 29

ATTACHMENT E

SAMPLE SERVICES AGREEMENT

OREGON CHARTER ACADEMY (“ORCA”)

AGREEMENT FOR VIRTUAL CHARTER SCHOOL CURRICULUM AND

TECHNOLOGY MANAGEMENT SERVICES

This Virtual Charter School Curriculum and Technology Management Services Agreement (this “Agreement”) is entered into by and between Oregon Charter Academy (“ORCA”), an Oregon nonprofit corporation and public charter school operating pursuant to ORS Chapter 338, and ___________________, a/an _______________________(“Contractor”) and is effective as of the Effective Date (defined below).

RECITALS

A. ORCA has been authorized to operate a public virtual charter school by the Santiam Canyon School District 129J (the “Authorizer”) pursuant to ORCA’s current charter agreement with Authorizer, expiring on June 30, 2020 (the “Charter”), as well as ORS Chapter 338 and other applicable laws.

B. ORCA’s existing Agreement for virtual charter school curriculum and…