RFP 10.7.26.1 Design and Installation of Playgrounds v2~1.pdf

School District 40 complies with provisions of the various civil rights laws, such as the Fair Employment Practices Act, Title IX Regulations, the Americans with Disabilities Act and section 504 of PL 93.112 in employment and educational programs and activities.

DAVID DOUGLAS SCHOOL DISTRICT

11300 NE HALSEY ST.

PORTLAND, OR 97220

(503) 261-8212

REQUEST FOR PROPOSALS

RFP Number 10.7.26.1

REQUEST FOR PROPOSAL FOR

PLAYGROUND DESIGN AND INSTALLATION

Proposal Due Date and Time

November 9, 2026 By 2:00 p.m. PST

Late proposals will not be accepted or considered.

Submit Written Proposals Electronically to:

Patt Komar Oregon Buys: https://oregonbuys.gov/bso/view/login/login.xhtml.

Direct Questions to:

Patt Komar Director of Administrative Services Email: dd_purchasing@ddouglas.k12.or.us Phone: (503) 261-8212

See the sequence of selection process events for deadline for questions.

Pre-Qualification: ☐ Required ☒ Not Required

Pre-Proposal Meeting:

☐ Mandatory ☒ Not Required

See the sequence of selection process events for location and time of any Mandatory Meetings.

https://oregonbuys.gov/bso/view/login/login.xhtml

RFP Number 10.7.26.1 Page 2 of 36

RFP TABLE OF CONTENTS

I. OVERVIEW OF RFP AND PROJECT REQUIREMENTS

II. CONDITIONS GOVERNING THE PROCUREMENT

A. Sequence of Solicitation Events B. Explanation of Selection Process Events C. Standard Conditions Governing the Procurement D. Definitions and Terminology

III. PROPOSAL PREPARATION AND SUBMITTAL

A. Proposal Submission Requirements B. Proposal Content Requirements

IV. PROPOSAL EVALUATION

V. CONTRACT AND WORK PERFORMANCE

ATTACHMENTS:

Attachment A: Proposer Certification Form Attachment B: Proposer Reference Sheet Attachment C: Sample Standard Contract Attachment D: Rate Sheet Template Attachment E: EDGAR and Debarment Certifications

RFP Number 10.7.26.1 Page 3 of 36

I. OVERVIEW OF RFP AND PROJECT REQUIREMENTS

A. RFP OVERVIEW

1. PURPOSE OF RFP

David Douglas School District No. 40 (“DISTRICT”) is requesting competitive sealed proposals with the intent of entering into a contract with two qualified contractors for the purpose of designing and installing ADA accessible and inclusive playgrounds. The successful proposer(s) will design and install one preschool playground, but may complete additional preschool or K-5 playground installations, some work at existing playgrounds, and other projects on an as needed basis. The Proposer with the lowest cost will be awarded the initial installation of the one ADA Accessible and inclusive preschool playground.

All potential Proposers are to read, understand and accept the requirements of this Request for Proposals (RFP), especially the mandatory requirements.

This is a qualifications-based selection with cost as a consideration. The Proposer is required to provide, as part of the Technical Proposal, the qualifications and other documents requested in this RFP.

The Price Proposal will be evaluated separately from the Technical Proposal.

The award of a contract for services shall take into consideration certain contractor qualification and performance factors that add value to a procurement contract. Factors such as contractor past performance, technical expertise and experience, and resources, will form the basis for the criteria to be considered, in addition to price to perform the scope of work. Award shall be made in accordance with the terms conditions, and requirements stated herein.

2. DISTRICT INFORMATION

David Douglas School District encompasses approximately 12 square miles in eastern Portland. The District provides PreK-12 educational services to approximately 8,300 students. The District maintains nine elementary schools, three middle schools, a high school, and an alternative high school. The District also has several administrative buildings as well as multiple locations throughout the Portland Metro Area providing Prekindergarten services. Work may be performed in any of these locations.

3. PROJECT FUNDING

David Douglas School District has funds to administer various projects and will be referred to throughout the contract documents as the “DISTRICT”.

The District reserves the right to enter into one or more contracts from this solicitation.

Services will be requested as the need arises, therefore there is no guarantee of work to be assigned under any resulting contract, or that the total dollar limit of any contract will be reached.

Procurement standards of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards, 2 CFR 200, referred to as the “Uniform Guidance” or new “EDGAR”.

All respondents must complete this EDGAR certification form regarding the Respondent’s willingness and ability to comply.

4. MANDATORY MEETING

Not Required.

RFP Number 10.7.26.1 Page 4 of 36

5. PREVAILING WAGE RATES

Any contractor that is the successful bidder shall pay workers on the project(s) not less than the applicable prevailing rate of wage as provided in ORS 279C.800 to 279C.870.

Additional future projects may be funded through federal grants and the successful bidder(s) must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148).

Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.by any subcontractor or lower tier subcontractor with all the contract clauses.

6. BEHAVIORAL POLICIES APPLY TO CONTRACTOR’S PERSONNEL

All current behavioral policies of the DDSD Board of Education such as, but not limited to, “no smoking” and “no alcoholic beverages” on DDSD property, shall be deemed to be in force for the Contractor’s work forces when they are on DDSD property, including the project work sites.

7. BACKGROUND CHECK/CRIMINAL HISTORY CHECK

No Unsupervised Contact with Students. "Unsupervised contact with students" means contact with students that provide the person opportunity and probability for personal communication or touch when not under direct supervision. Contractor will ensure that Contractor, any subcontractors, and their officers, agents, and employees will have no direct unsupervised contact with students while on District property. Contractor will work with the District to ensure compliance with this requirement. If Contractor is unable to ensure through a security plan that none of its officers, agents, or employees will have direct, unsupervised contact with students in a particular circumstance or circumstances, Contractor shall so notify the District prior to beginning any work that could result is such contact. Contractor authorizes the District to obtain information about Contractor and Contractor's history and to conduct a criminal background check, including fingerprinting, of any officer, agent, or employee of Contractor that will have unsupervised contact with students. Contractor also agrees to cause Contractor's employees and/or subcontractors, if any, to authorize the District to conduct such background checks. Contractor shall pay all fees assessed by Oregon Department of Education for processing the background check. The District may deduct the cost of such fees from a progress or final payment to the Contractor under this Contract, unless the Contractor elects to pay such fees directly.

RFP Number 10.7.26.1 Page 5 of 36

B. RFP PROJECT REQUIREMENTS

This section describes more about the work to be performed under the resulting contract.

1. PROJECT DESCRIPTION / STATEMENT OF WORK TO BE PERFORMED

David Douglas School District No. 40 (“DISTRICT”) is seeking proposals from firms hereafter called “proposer(s)” who can design and install preschool playgrounds at one of its elementary schools. The District is seeking to complete the project no later than May 30, 2027.

Bidders must be an authorized manufacturer, sales representative or service dealer having a local sales, service and install presence in the State of Oregon.

This RFP will cover primarily installation of a preschool playground at one elementary school, but may include additional preschool or K-5 playground installations, some work at existing playgrounds, and other projects on an as needed basis.

For its preschool playground, the District is seeking the successful proposer to:

1. Design a “standardized” playground for its preschool programs that is ADA accessible and inclusive.

2. Procure and install the equipment, surfacing, and potential tricycle track.

The District would like equipment that is equal to/comparable to the following items (quantities in parenthesis; note these items can be referenced in Buell catalogs):

(1) 580-1313 seated table

(2) 560-2573 little seat spinners

(2) nature play small stumps

(1) 580-0173 buddy bench

(1) nature play log tunnel

(1) tot swings

(1) 550-0171 bucket swing seat (ADA)

(1) 560-2607 15 x 15 play canopy (12 x 12 if space doesn't allow 15 x 15)

(1) 580-1290. Double water play table (single water play table ok if space doesn't allow double)

PLUS

At least ONE of the following options (depending on space whether selections may include A, B or C below):

OPTION A

(1) Rock n Roll slide

(1) IN-3051. Play equipment

OPTION B

(1) SY-3049. play equipment

RFP Number 10.7.26.1 Page 6 of 36

(1) musical instrument tube - small

(1) musical instrument tube - medium

(1) xylophone musical instrument

OPTION C

(1) SY-2988 playground equipment

(1) musical instrument tube - small

(1) musical instrument tube - medium

(1) xylophone musical instrument

All playground designs should include a sidewalk, bark chips, shed, fence with door, installation

• Playground equipment components – Replacement parts, system components, accessories, etc.

• Surfacing – Engineered wood fiber, tiles, matting, turf, poured-in-place, etc.

• Canopy structures - Sturdy with a weatherproof covering and optional walls. Surface mounted, etc.

• Shelter/shade structures - Constructed with wood, metal, stone, fabric, etc.

• Sitework, installation, design, engineering, etc.

• NOTE: Bleachers are no included in this RFP.

All products provided must comply with current Americans with Disabilities Act (ADA) laws, Consumer Product Safety Commission (CPSC) guidelines, and current ASTM standards as certified by the International Play Equipment Manufacturers Association (IPEMA). Include any certifications to this respect with your bid.

EQUIPMENT & RELATED PRODUCTS

1. New Products

All Playground Equipment, Surfacing, & Site Amenities provided under this contract must be new, not previously used, and are being actively marketed by the manufacturers’ authorized dealers.

All branded playground equipment components, spare parts, application software, and ancillary equipment supplied under this contract must conform to manufacturer specifications and shall be of new manufacture and in current standard production. The awarded vendor is responsible for ensuring that these items are operable and installed in accordance with manufacturer’s specifications.

2. Installation/Removal

a. The installation and/or removal of contract Playground Equipment, Surfacing, & Site Amenities shall be performed in a professional manner. The District’s premises and equipment shall be left in a clean condition. The awarded vendor may be required to repair all damage and/or provide full compensation for damage to the District’s premises and equipment that occurred during installation/removal.

b. Personnel in charge of the installation must be available to coordinate installation with District’s internal staff. Qualified service support and technical personnel will be required to provide all necessary maintenance and repair. Installation dates and installation

RFP Number 10.7.26.1 Page 7 of 36 schedule must be approved by the District.

c. Installation crews may be working around students, teachers and general staff. Installation may require off hour and weekend work in order to accommodate and complete the project in the timeline required by the District. The District will try to accommodate access for installation during school/business hours; however, any plan that displaces staff, students or personnel will most likely create disruption to the ordinary daily schedule. After hours and weekend installations are preferred and will be so identified in the proposal to the District.

d. Project Manager for the awarded vendor shall verify proper installation at multiple and various times throughout the duration of the installation.

e. Upon successful completion of installation, test system functionality for all possible scenarios and document all outcomes.

f. Installment requirements (electrical certifications, plumbing certifications, licenses, permits etc.) to be completed by Contractor.

3. Newly Installed Equipment or Related Product Problems

District will evaluate the performance of newly installed Playground Equipment, Surfacing, & Site Amenities for a 30-day period after installation. If the performance is unsatisfactory, the District will immediately contact the awarded vendor to pursue corrective action and resolution of the problem. Resolution of performance problems may result in:

• Repair or other action to correct the problem including training or modifications made to District’s satisfaction.

• The replacement of the Playground Equipment, Surfacing, & Site Amenities with another of the same brand and model, at no additional cost (including delivery and installation) to the District.

• Return of the Playground Equipment, Surfacing, & Site Amenities with cancellation of the order at no charge to the District.

4. Inspection/Testing/Acceptance

Inspections, tests, measurements, or other acts or functions performed by the District shall in no manner be construed as relieving the awarded vendor from full compliance with contract requirements. At a minimum, an installed piece must demonstrate the capability of providing the functions and services specified in the manufacturer’s published literature.

5. Maintenance, Repair and Service

Maintenance, repair and service related to the operation of Playground Equipment, Surfacing, & Site Amenities must be provided to the District.

Excessive Service and Downtime: Playground Equipment, Surfacing, & Site Amenities including all components, spare parts, application software, and ancillary equipment supplied through this contract shall be capable of continuous operation. Therefore, awarded vendor shall guarantee that all Playground Equipment, Surfacing, & Site Amenities will be operational at least 98% of normal business hours. Playground Equipment, Surfacing, & Site Amenities that develop a trend of requiring an excessive number of service calls shall be reported by the District to the awarded vendor or by the awarded vendor to the District as the situation warrants and a corrective action and resolution will be made in a manner that is best for the District.

RFP Number 10.7.26.1 Page 8 of 36

In the event that the performance of maintenance services under the contract results in a need to replace defective parts, such items may only be replaced by new parts. In no instance shall the awarded vendor be permitted to replace defective items with refurbished, remanufactured, or surplus items without prior written authorization of the District.

Awarded vendor must guarantee the availability of repair parts for a minimum of five (5) years subsequent to District.

6. Relocation/Transfer

The District may elect to have the awarded vendor relocate/transfer the Playground Equipment, Surfacing, & Site Amenities. The awarded vendor is responsible for repairs required following such relocation/transfer. Relocation/transfer of Playground Equipment, Surfacing, & Site Amenities must be coordinated with District contact personnel responsible for the contract.

7. Adding New Products and/or Services

Playground Equipment, Surfacing, & Site Amenities must meet the scope of work to be added to the contract. Pricing shall be equivalent to the percentage discount for other products. Awarded vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, if it is within the same awarded manufacturer and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements.

8. Discontinued Products

If a product or model is discontinued by the manufacturer, awarded vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model, it is within the awarded manufacturer and if the discount is the same or greater than the discontinued model.

NOTE: Listing the above specifications shall in no way relieve the awarded vendor from the responsibility to follow proper code and regulations.

B. TRAINING & SUPPORT

If applicable, please state specifically the amount of training which will be provided at no charge. Then list the charge per hour of additional training if applicable (see Attachment E).

a. If specified by the District, staff in-service shall be offered following the installation.

Awarded vendors shall provide appropriate pricing (if applicable). It is understood that some training may be provided free of charge, and some may incur charges. Please outline your training philosophy and related pricing structure.

b. If desired, follow up training may also be scheduled to further support usage and to identify any individual training needs. Please include follow up training pricing as well.

PERMITS, PLAN CHECKING FEES, OTHER CHARGES

Proposers shall include as part of the Price Proposal all costs incurred for permits, including any Plan Checking Fees as charged by the City of Portland (or any other applicable entity or agency with jurisdiction over the projects) for checking Contract Documents prior to obtaining a permit.

RFP Number 10.7.26.1 Page 9 of 36

Additionally, DISTRICT will not pay for business licenses, professional affiliations and similar costs of doing business which are the Proposer's obligation to secure and maintain. The cost of all bonding will be paid by the Proposer and will not be paid by DISTRICT. These costs are to be included in Proposer’s Price Proposal.

1. STANDARDS

All work and materials shall comply with the recommendations and standards as set forth in the latest edition(s) of pertinent City, State, County and National Codes and Ordinances.

The DISTRICT may also have specifications which may apply to any given project. If materials, equipment, or systems are installed in a manner which is not in conformance with the requirements of these specifications and for which the electrical contractor has not received written approval, removal of all the unauthorized materials plus installation of those indicated or specified shall be provided at no extra cost to the DISTRICT.

When applicable, DISTRICT specifications will be provided by the DISTRICT project manager.

General Specifications are binding. However, in instances where there is a deviation between the

General Specifications and the Job Specifications, the Job Specifications or the more stringent shall rule.

On any job where there is doubt as to the process of installation to be used, the final decision will be made by the DISTRICT Project Manager, or designee.

2. PROTECTION OF ADJACENT SURFACES

The contractor shall take all measures necessary during the course of work to protect existing property including adjacent surfaces, equipment, and landscaping from damage during the course of the work and shall repair promptly any such damage at its own expense and to the satisfaction of DISTRICT.

3. PROTECTION OF THE WORK

The contractor is responsible for the protection and security of all materials, tools, equipment, and installed work until the final acceptance of the work by the DISTRICT designee.

4. CLEAN UP

The contractor shall keep the site reasonably clean and neat during the execution of the work, shall remove accumulations of debris at the end of each day, and shall leave all surfaces and areas completely clean at final completion.

5. INVOICES/BILLING

Proposer must be prepared to submit detailed invoices. Proposer must submit certified payrolls for work requiring prevailing wages. Invoices should designate cost plus markup separately.

End of Section I

RFP Number 10.7.26.1 Page 10 of 36

II. CONDITIONS GOVERNING THE PROCUREMENT

This section lists the major events of the Selection Process and specifies general requirements.

A. SEQUENCE OF SOLICITATION EVENTS

NOTICE: DDSD reserves the sole right, without incurring any liability, to change any aspect of the proposed procurement described above, including the right not to proceed with the procurement and/or the right to proceed in a different manner or on a different timeline than as described above.

Event Responsible Party Date Location

1. Advertisement DDSD Procurement 10/7/2026 Public Advertisement in DJC

2. RFP Made Available to Potential Proposers

DDSD

Procurement

10/7/2026 2:00 P.M.

Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.xhtml.

3.

Mandatory Pre-proposal Conference (Only those who are in attendance will be eligible to submit a proposal)

DDSD

Procurement N/A

David Douglas School District Administrative Offices 11300 NE Halsey St.

Portland, OR 97220

4.

Submission of Written Questions Requests for Clarifications/ Protests of RFP contents

Potential Proposers

10/28/2026 4:00 p.m.

Patt Komar Director of Administrative Services, DDSD, dd_purchasing@ddouglas.k12.or.us

5. Release of Last Addendum Prior to Submission of Proposals

DDSD

Procurement 11/3/2026

Emailed to all requestors by DDSD procurement.

Also published in Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.xhtml.

6. Submission of Price & Technical Proposals: Documents 1 & 2 Proposers 11/9/2026

2:00 p.m.

Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.xhtml.

7. Public Opening Proposers

DDSD

Procurement

Ten(10) minutes after the submission deadline

DDSD Business Office 11300 NE Halsey St.

Portland, OR 97220 Streamed on Google Meet:

https://meet.google.com/dvf-whdu-kjw?authuser=0&hs=122

8. Proposal Evaluation Evaluation Committee TBD DDSD Administrative Offices

9. Notice of Finalists (if interviews are held)

DDSD

Procurement

To be determined (only if needed)

10. Interviews of Finalists (if interviews are held)

Evaluation Committee

To be determined (only if needed)

David Douglas Administrative Offices 11300 NE Halsey St.

Portland, OR 97220

11. Notice of Intent to Award DDSD Procurement

1 Day following final Evaluation Committee Meeting

12. Deadline for Filing Protest of Award Proposer(s)

Seven (7) calendar days from Issue date of Notice of Intent to Award

Protest must be filed by 4 p.m.

13. Contract Negotiations Completed Successful Proposer TBD David Douglas Administrative Offices

14. DDSD Board Approval DDSD TBD DDSD Board Meeting

15. Notice of Award DDSD TBD David Douglas Administrative Offices https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://meet.google.com/dvf-whdu-kjw?authuser=0&hs=122

RFP Number 10.7.26.1 Page 11 of 36

B. EXPLANATION OF SELECTION PROCESS EVENTS

1. LEGAL PUBLICATION

DAVID DOUGLAS SCHOOL DISTRICT

• 11300 NE Halsey St. • PORTLAND, OR 97220 • (503) 261-8212

RFP Number 10.7.26.1

REQUEST FOR PROPOSAL FOR

PLAYGROUND DESIGN AND INSTALLATION

The David Douglas School District is seeking proposals from experienced firms to design and install ADA accessible and inclusive playgrounds.

The successful proposers will also assist in preparing District standards for playgrounds. The District plans on installing one ADA accessible and inclusive preschool playground, but may include additional preschool or K-5 playground installations, some work at existing playgrounds, and other projects on an as needed basis. Bidders must submit pricing, terms, and conditions based solely on the requirements, specifications, and scope of work outlined in this Request for Proposals (RFP). Proposals that reference, incorporate, or rely upon outside cooperative agreements (including, but not limited to, NASPO ValuePoint, OMNIA Partners, Sourcewell, King County Directors' Association aka KCDA, or State of Oregon cooperative contracts) for pricing, discounts, or terms and conditions will be deemed non-responsive and will be disqualified from further evaluation. All pricing submitted must be independent, firm-fixed, and specific to this solicitation.

It is the intent of the David Douglas School District to enter into a contract with two firms for the entire scope of the work. The firm with the lowest cost will be awarded the initial installation of the one ADA Accessible and inclusive preschool playground.

The District Business Office is the sole point of contact in the District for this selection process. Proposals may be obtained after 2 p.m., Wednesday, October 7, 2026 through the Oregon Buys website: https://oregonbuys.gov/bso/view/login/login.xhtml.

All correspondence pertaining to this RFP, should be directed to:

Patt Komar David Douglas School District, Business Department 11300 NE Halsey St.

Portland, OR 97220

(503) 261-8212 or by e-mailing dd_purchasing@ddouglas.k12.or.us.

Proposals will be electronically accepted through the Oregon Buys website: https://oregonbuys.gov/bso/view/login/login.xhtml. until November 9, 2026, at 2:00 p.m. Pacific Time. Proposers who attend the closing will be informed only of the names of the proposers submitting proposals. No other information will be made available at this time. Late submissions or submissions from firms/teams not represented at the mandatory pre-proposal meeting will not be accepted.

The contract is for a public works subject to payment of prevailing rate of wage as provided in ORS 279C.800 to 279C.870 and additional future projects may be funded by federal funds requiring the Davis-Bacon Act (40 U.S.C. 3141 et seq.)

No qualifications will be received or considered by the District unless the bid contains a statement as to whether the Proposer is a resident bidder. Any prequalified contractor that is the successful bidder on one or more projects shall pay workers on the project not less than the applicable prevailing rate of wage as provided in ORS 279C.800 to 279C.870.

Patt Komar, Director of Administrative Services Published: October 7, 2026 Published in: Daily Journal of Commerce

RFP Number 10.7.26.1 Page 12 of 36

2. ISSUE RFP AND AVAILABILITY

This RFP is issued by the David Douglas School District. The Request for Proposals (RFP) documents consist of all the documents listed in the Table of Contents and all documents incorporated in this RFP.

RFP documents and addenda can also be requested from the Contact on page 1 of this Request for Proposal.

3. MANDATORY PRE-PROPOSAL MEETING

Mandatory meeting is not required.

4. SUBMISSION OF WRITTEN QUESTIONS / REQUEST FOR CLARIFICATIONS

Any Proposer requiring clarification of the information provided in this solicitation may submit specific questions or comments in writing to the Procurement Contact shown on page 1 of this document. Email is the preferred form of written communication. The deadline for the submission of written questions is identified in the Sequence of Solicitation Events schedule.

All questions, both those regarding the selection process and those regarding technical construction issues, shall be submitted in writing to the Purchasing Contact on page 1 of this Request for Proposal.

REQUEST FOR CHANGE OR PROTEST OF SOLICITATION SPECIFICATIONS OR CONTRACT

PROVISIONS

1) Time for Submission of Request for Change or Protest. Requests for change or protests of solicitation specifications or contract provisions shall be presented to the District’s Procurement Contact, in writing, by the deadline in the Sequence of Solicitation Events.

Such request for change or protest shall include the reasons for the request or protest, and any proposed changes to specifications or provisions. No request for change or protest of the content of solicitation specifications or contractor provisions shall be considered after the deadline established for submitting such request or protest.

2) Filing Request or Protest. All requests for changes in specifications regarding this RFP must be submitted in writing no later than the date in the Sequence of Events. All written requests or protest must be delivered by the deadline to the Purchasing contact on the cover of this solicitation.

3) Extension of Closing Date. If any request for change or protest is received in accordance with section (1) above, the proposal closing date may be extended if the District determines an extension is necessary to allow consideration of the request or protest and issuance of any addenda to the solicitation documents.

4) Identification of Request for Change or Protest. Envelopes containing requests for change or protests of solicitation specifications or contract provisions shall be marked as follows:

a) Solicitation Specifications (or Contract Provisions)

b) Request for Change (or Protest)

c) Solicitation Document (or Other Identification)

Envelopes containing requests for protests of solicitation shall be marked as follows:

Protest of Contract Award RFP Title

RFP#

RFP Number 10.7.26.1 Page 13 of 36

5. LAST ADDENDUM PRIOR TO SUBMISSION OF PROPOSALS

If the District determines that a change or clarification to the solicitation documents is necessary, such information, clarification, or interpretation will be supplied in a written addendum. Such addendum will also be forwarded to all vendors that attended the mandatory pre-proposal conference (if one was required). Addenda shall have the same binding effect as though contained in this RFP. Statements made by the District’s representatives are not binding on the District unless confirmed by a written addendum.

The Purchasing Contact shall issue all addenda by the deadline in the Sequence of Solicitation Events. This is the deadline by which DDSD must issue all addenda for this procurement so that Proposers have time to finalize their proposals. Refer to the schedule of events section for identification when the last addendum will be sent to all RFP requestors. The District may issue an addenda no later than seventy-two hours prior to the proposal due date to all recorded holders of the RFP who attended the mandatory meeting (if one was required) if a substantive clarification is required.

All addenda shall become part of the Request for Proposals and any information required shall be included in each Proposer’s proposal.

6. SUBMISSION OF PRICE PROPOSALS, AND SUBMISSION OF TECHNICAL PROPOSALS

Each proposal will consist of two documents:

• Price Proposal (one original) and

• Technical Proposal (one original)

These two documents shall be submitted electronically through Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.xhtml. and submittal of proposals are due by the deadline in the Sequence of Solicitation Events.

It is the Proposer’s sole responsibility to ensure that its proposal is submitted electronically prior to the RFP closing date and time.

Proposals submitted electronically after the deadline will be deemed non-responsive and will be Rejected. It is solely the Proposer’s responsibility to ensure that Proposals are submitted electronically by the appointed date and time. Proposals may be submitted electronically early to avoid any possible delay of the submission.

Proposals must be submitted electronically through Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.xhtml. No other method of delivery will be allowed. Hand carried/delivered or shipped/mailed by common carrier, courier of US Postal Service, telephone, telegraphic, facsimile or e-mailed package offers will NOT be accepted.

By submitting a proposal for the Contract, the Proposer expressly represents that the Proposer has read and understands the terms and conditions contained in this RFP, and that Proposer agrees to be bound by such terms and conditions. A Proposer further represents that it takes no exception to any terms, conditions, obligations, or requirements of the form of Contract.

https://oregonbuys.gov/bso/view/login/login.xhtml.

RFP Number 10.7.26.1 Page 14 of 36

7. PUBLIC OPENING

Proposals will be opened publicly at ten minutes after the deadline on the date and at the location listed in the Sequence of Solicitation Events. The opening will only announce proposers who have submitted proposals for the RFP. Proposals shall not be open to public inspection until after a Proposer(s) has been selected for award of the contract.

The bid opening shall be streamed on Google Meet at https://meet.google.com/dvf-whdu-kjw?authuser=0&hs=122

8. PROPOSAL EVALUATION

The Evaluation Committee will meet to review all proposals. The technical proposal evaluation will be scored first and independently of the price proposal evaluation, as described in detail in a later section of this RFP.

The Evaluation Committee, after review of the proposals and/or Interviews may request clarifications on information submitted by any and all Proposers in a written format, with a specified deadline for response.

The Evaluation Committee may decide to hold interviews with the highest-ranked Proposers. The Evaluation Committee reserves the right to award the contract without interviews. If fewer than three proposals are received, the Evaluation Committee may recommend award or may reissue the RFP. The Committee shall determine the rankings without the possibility of a tie.

9. NOTICE OF FINALISTS (IF INTERVIEWS ARE TO BE HELD)

If the Evaluation Committee decides to hold interviews, DDSD Procurement shall notify all Proposers in writing stating which Proposers will be invited to interview. Note: The Evaluation Committee may hold interviews with the highest-ranked proposals, where there is a natural break in the scoring.

The Evaluation Committee, after review of the proposals and/or Interviews may request clarifications on information submitted by any and all Proposers in a written format, with a specified deadline for response.

The number of interviews, if held, will be at the discretion of the Evaluation Committee.

The Evaluation Committee reserves the right to award the contract without interviews. If interviews are not held, the decision shall be documented for the procurement file.

10. INTERVIEWS OF FINALISTS (IF INTERVIEWS ARE HELD)

If interview(s) are to be held, the date, time, and location of the Interview Meeting will be included with the notice to those Proposers selected for interview. A list of questions shall be distributed to the Finalist Proposers that includes the points to be allocated to each question.

NOTE: A “Pre-Interview” meeting may be held by DDSD Procurement, if it is determined it is in the best interest of the short-listed Proposers and the Project, to answer questions regarding the interview process, and to distribute the list of prepared questions to be addressed.

11. NOTICE OF INTENT TO AWARD

DDSD Procurement shall prepare the Notice of Intent to Award and send it to all proposers including the selected proposer.

The Owner intends to award this procurement to the highest ranked Proposer(s) in accordance with the Request for Proposals requirements. Further, based on the district’s needs, DDSD reserves the right to issue https://meet.google.com/dvf-whdu-kjw?authuser=0&hs=122

RFP Number 10.7.26.1 Page 15 of 36 a multiple award. The Owner reserves the right to reject any and all proposals, to waive technical irregularities, and to award the contract to the Proposer whose proposal it deems to be in the best interest of the Owner.

While the District expects the Contract to start on December 1, 2026, the official commencement date will be dependent on final contract negotiations. Contract term will be one year, with options to renew for up to four additional one-year terms.

*NOTE: Please read all of the RFP documents carefully for mandatory requirements.

12. PROTEST OF AWARD

The District’s written notice of intent to award shall constitute a final decision of the District to award the contract or proceed with the purchase if no written protest of the contractor award is filed with the District’s Business Department within seven (7) calendar days following issuance of the Notice of Intent to Award.

Following the Notice of Intent to Award, the public may view proposal documents. However, any proprietary information so designated by the Proposer as a trade secret or confidential information and meeting the requirements of ORS 192.501, 192,502 and/or ORS 646.461 will not be disclosed. At this time, any Proposers not awarded the contract may seek additional clarification or debriefing, request time to review the selection procedures or discuss the scoring methods utilized by the evaluation committee.

If a protest of contract award is timely filed by an adversely aggrieved proposer, the award documents shall constitute a final decision of the District only upon issuance to the protesting proposer of a written decision denying the protest and affirming the selection or the award.

All protests must be received by the deadline as specified in the Sequence of Solicitation Events.

A. Right to Protest.

In order to be an adversely affected Proposer with a right to submit a written protest, a Proposer must itself claim to be eligible for Award of the Contract in the event the Protest were successful and must be next in line for the Award. In addition, the adversely affected Proposer must demonstrate that the reason for the Protest is that:

(i) all higher-ranked Proposers are ineligible for Award of the Contract because their Proposals were non-responsive;

(ii) the District has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in this RFP;

(iii) the District has abused its discretion in rejecting the Protesting Proposer's proposal as nonresponsive; or

(iv) the District's evaluation of the proposals or its subsequent determination of award is otherwise in violation of ORS Chapter 279A or 279B.

The written protest shall specify the grounds upon which the protest is based and suggested changes that may remedy the defects. An issue that could have been addressed by filing a request for change or protest of the solicitation specifications or contract provisions pursuant to Section 4 - REQUEST FOR CHANGE OR PROTEST OF SOLICITATION SPECIFICATIONS OR CONTRACT PROVISIONS above shall not be grounds for protest of award.

B. Contents of Solicitation Protest.

Protests must be timely, must include all legal and factual information regarding the protest, and include a statement of the form of relief requested.

RFP Number 10.7.26.1 Page 16 of 36

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

The protest must specifically state the reason for the protest and show how its proposal or the winning proposal was mis-scored or show how the selection process deviated from that described in the solicitation document.

The exercise of judgment used by the evaluators in scoring the written proposals and interviews, including the use of outside expertise, is not grounds for appeal.

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

1. Sufficient information to identify the solicitation that is the subject of the protest.

2. 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;

3. Evident or supporting documentation that supports the grounds on which the protest is based, and

4. 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.

Envelopes containing requests for protests of solicitation shall be marked and addressed as follows:

Protest of Contract Award RFP Title:

RFP #:

David Douglas School District Business Department Attn: Patt Komar 11300 NE Halsey St.

Portland, OR 97220

C. Authority to Resolve Protests

The superintendent or the superintendent's designee shall have the authority to settle or resolve a written protest. The Director of Administrative Services may waive any procedural irregularities that had no material effect on the selection of the proposed contractor, invalidate the proposed award, amend the award decision, request the evaluation committee re-evaluate any proposal or cancel the solicitation and begin a new solicitation.

D. Resolution – Once the protest has been reviewed, a revised notice of intent to award may be issued.

Confirmation of the protest resolution will be sent to the initial Proposer(s) identified in the Intent to Award and the Proposer that submitted the protest.

Protests not filed within the time specified 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 the solicitation is not a ground for protest of an award.

RFP Number 10.7.26.1 Page 17 of 36

13. DAVID DOUGLAS SCHOOL BOARD APPROVAL

The Procurement Department shall present the selected Proposer’s proposal to the Board of Education for approval at their next regularly scheduled meeting.

14. CONTRACT NEGOTIATIONS

Proposers are advised to thoroughly review the sample standard contract incorporated as Attachment C.

The RFP shall be based on the requirements of the RFP documents. The Proposer shall not submit a proposal anticipating that any portion of the contract documents will be changed, modified, or not enforced. However, if the Proposer believes that any portion of the Contract Documents conflicts with, or is at variance with, any law, it shall immediately notify the District in writing so that the District can analyze the situation before Proposals are submitted.

Any Proposer desiring revisions or clarifications to the District’s form of contract must file such request during the protest of solicitation/question period set forth in the Sequence of Solicitation Events of this RFP, in order for those suggested changes to the contract form to be considered by the District. By submitting a proposal in response to this RFP the vendor agrees, if selected to contract, to accept the standard contract terms and conditions shown in Attachment C, and modified by any addenda to this solicitation.

The District reserves the right to negotiate final contract terms with the awarded Proposer to the fullest extent allowed by law and as in the best interests of the District.

The Owner reserves the right to enter into negotiations with the apparent successful Proposer and will begin contract negotiations as soon as possible after the Notice of Intent to Award. If contract negotiations are not finalized within a reasonable period of time, the Owner may conclude negotiations with the selected firm and begin negotiations with the next ranked firm(s) based on final ranking.

Section II Continued on Next Page

RFP Number 10.7.26.1 Page 18 of 36

C. STANDARD CONDITIONS GOVERNING THE PROCUREMENT

This section contains guidelines under which this Request for Proposal (“RFP”) is issued, and conditions concerning how the project will be completed.

1. GENERAL REQUIREMENTS

All Proposers are required to comply with the provisions of Oregon Attorney General’s Model Public Contract Rules, David Douglas School District Board Policy, and any applicable Local Contract Review board policies/rules. The contents of the proposal of the successful Proposer(s) will become part of the contractual obligation, if a contract ensues. Failure of the successful Proposer(s) to accept these obligations may result in cancellation of the award. The selected vendor(s) will be required to assume responsibility for all services offered in the proposal whether or not produced by them. Further the Proposer will notify the District of the designated person who will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

2. RESERVATIONS

The District may cancel the Procurement or reject any or all Bids in accordance with ORS 279B.100.

The David Douglas Public Schools expressly reserves the following rights:

a. To reject all proposals if the District finds that it is in the public interest do so.

b. To reject any proposal or proposals not in compliance with all prescribed public contracting procedures and requirements.

c. To reject any proposal or proposals not meeting the specifications set forth herein.

d. To waive any or all irregularities in proposals submitted.

e. To consider the competency and responsibility of proposers in making any award as provided in ORS

279C.375(3)(b).

f. To award all projects to a single Proposer, award single projects to a Proposer, or a subset of the projects to a single Proposer(s) as the District deems appropriate.

g. In the event any proposer or proposers to whom a contract is awarded shall default in executing said formal contract or in furnishing a satisfactory performance bond within the time and in the manner hereinbefore specified, to re-award the contract to another proposer or proposers.

h. To make the award based on their best judgment as to which merchandise or services comply with the specifications.

i. To not award contracts for any of the individual projects if deemed in the best public interest.

j. To request references and other information to determine responsiveness.

k. To award any or all parts of any proposal.

3. AMENDMENTS OR MODIFICATIONS TO A PROPOSAL BY PROPOSER

Once submitted, proposals may be modified in writing prior to the time and date set forth in the proposal closing. Any modifications shall be prepared on the proposer’s letterhead, signed by an authorized representative of the proposer, state that the new document supersedes or modifies the prior proposal and and must be submitted electronically through the Oregon Buys website:

RFP Number 10.7.26.1 Page 19 of 36

4. PROPOSER’S RIGHTS TO WITHDRAW PROPOSAL

Proposals may be withdrawn by written notification on the proposer’s letterhead, signed by an authorized representative of the proposer, and received prior to the time and date set for proposal closing. The withdrawal must be submitted electronically through the Oregon Buys website:

5. INCURRING COST

Any cost incurred by the Proposer in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Proposer. The District 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.

6. THIRD-PARTY OR SUBCONTRACTING CONTRACTOR CONTRACT

RESPONSIBILITIES

Direction of all work that may result from this procurement must be performed by the Proposer and payments will only be made to the Proposer.

Use of consultants identified in the proposal is permitted, but since the award is made on a quality-based evaluation process, reassignment of Contractor duties and responsibilities to a third party is not acceptable and any replacement of subcontractors identified in the proposal after the award and prior to contract execution may cause the Proposer to be disqualified.

7. DISCLOSURE OF PROPOSAL CONTENTS

Pursuant to ORS 279B.060(6), proposal contents will be kept confidential until conclusion of the selection and notice of intent to award. At that time, all proposals will be open to the public, except for the material which has clearly been noted and determined by DDSD Procurement to be proprietary or confidential as noted by the Proposer.

8. CONFIDENTIAL DATA

The Districts are subject to the Oregon Public Records Law (ORS 192.311 to 192.478), which requires the Districts to disclose all records generated or received in the transaction of District business, except as expressly exempted in ORS 192.345, 192.355, or other applicable law.

Examples of such exemptions are: trade secrets (ORS 192.345(2)) and computer programs (ORS 192.345(15)).

Pursuant to ORS 192.345(2); 646.461 to 646.475, all information contained in the response designated as confidential must be clearly marked and separated from other non-confidential information at the time the response is submitted.