REQUEST FOR PROPOSALS

Solicitation No: RFP 21-0027

For the Provision of a Master Contract for:

Asbestos Abatement and Mold Remediation Services.

RFP Closing (Due Date & Time):

April 26, 2022 at 2:00 PM Pacific Time

Issued by:

Beaverton School District 48J

16550 SW Merlo Road Beaverton, Oregon 97003

March 21, 2022

Business Services Procurement and Contracting

16550 SW Merlo Road Beaverton, OR 97003

(503) 356-4324

REQUEST FOR PROPOSAL (RFP)

Solicitation No: RFP 21-0027

Summary

The purpose of this Request for Proposals (Solicitation) is to obtain competitive Proposals from qualified Proposers interested in the provision of Asbestos Abatement and Mold Remediation for the Beaverton School District through Master Contract(s) coming forward from this solicitation.

There will not be a pre-proposal conference for this solicitation.

Interested Proposers must submit a Proposal pursuant to the provisions of this Solicitation to Larry Pelatt, Purchasing Manager, or designee, at contracts@beaverton.k12.or.us NOT LATER THAN:

SOLICITATION DUE DATE AND TIME (CLOSING):

April 26, 2022 at 2:00 PM Pacific Time

No public opening will occur. Proposals will be opened and recorded but the contents will not be read aloud.

The number of Proposals received and the identity of Proposers will be made available as soon as reasonably possible following their receipt. The contents of any proposal will not be disclosed to the public until all proposals have been evaluated, negotiations completed if required, and a recommendation for Award has been published.

Proposers are solely responsible for ensuring that the Beaverton School District receives its Proposal.

LATE PROPOSALS WILL NOT BE ACCEPTED.

Prospective Proposers must register with Oregon Buys – http://oregonbuys.gov/ to obtain the solicitation documents.

All questions and comments regarding this solicitation must be directed ONLY IN WRITING by email to:

contracts@beaverton.k12.or.us referencing this solicitation number.

PROPOSALS MUST BE PURSUANT TO THE PROVISIONS OF THIS SOLICITATION.

THE DISTRICT MAY REJECT ANY PROPOSAL NOT IN COMPLIANCE WITH ALL PRESCRIBED

REQUIREMENTS.

http://oregonbuys.gov/ mailto:contracts@beaverton.k12.or.us

SECTION I – INTRODUCTION

1. INTRODUCTION:

This Solicitation is issued pursuant to ORS 279A, ORS 279B and the Oregon Attorney General Model Rules Divisions 46 and 47.

2. DEFINITIONS:

The term "District" or “Owner” throughout this document means the Beaverton School District (BSD). The term “Proposer” means the person or firm that submits a Proposal in response to this Solicitation. The term “Proposal” or “Offer” means a written response to provide Goods or Services in response to this Solicitation. “Closing” means the date and time specified in the Solicitation as the deadline for submitting Proposals. “Contractor” or “Supplier” means the firm awarded a Contract as a result of this Solicitation.

3. SOLICITATION REVIEW:

Proposers must carefully review the Solicitation documents and are responsible for knowing and understanding all terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to the District's attention by protest pursuant to QUESTIONS/CLARIFICATIONS/CHANGES AND SOLICITATION PROTEST in Section III, protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award (NOI) may not be favorably considered.

4. BACKGROUND:

a. The Beaverton School District encompasses approximately 57 square miles in northwestern Oregon in

Washington County. The District, located in the Portland, Oregon metro area, is the third largest School District in Oregon.

b. The Beaverton School District has approximately 4,100 employees. The District is responsible for educating approximately 39,500 students in kindergarten through grade 12 at thirty-four (34) Elementary Schools, eight (9) Middle Schools, six (6) High Schools, five (5) Alternative Schools, and nineteen (19) Option Programs.

c. Potential work is to be performed on an as needed basis, or as otherwise directed, at these sites and any future properties or interests of the District.

5. SCOPE OF WORK:

The District is seeking to establish Master Contract(s) with one or more qualified Contractors for the provision of Asbestos Abatement and Mold Remediation Services on an as needed basis throughout all District facilities.

6. CONTRACT:

The successful Proposer(s), selected by the District, will receive a Master Trade Services Contract. Individual Project Work Authorizations (PWAs) will be issued by the District as needed. A sample of each is enclosed herein (See Attachments).

a. Proposers are advised to thoroughly review and familiarize themselves with the standard contract.

Certain contract terms reflect state statute and may not be altered.

b. The Contractor will be expected to promptly sign a contract including all standard terms and conditions contained in the sample contract. The District will execute the Contract only after it has obtained all applicable required documents and approvals.

c. Personnel substitution – if the contractor must substitute personnel included in the original bid they must obtain written District approval of substituted personnel, prior to substitution.

SECTION I – INTRODUCTION

7. AMENDMENTS:

The District may amend/extend the Contract(s) resulting from this solicitation without additional competition pursuant to OAR 137-047-0800.

8. CONTRACT PERIOD/EXTENSION:

a. Selected Proposer(s) will be issued a Contract effective upon full execution, through June 30, 2023.

b. Should the District elect to extend the Contract for an additional one (1) year term, the District will send correspondence to the Contractor on or about two (2) months prior to Contract End Date for each consecutive contract period.

c. The District may elect to extend the Contract for a total of five (5) additional one-year terms. In no event will the contract be extended beyond June 30, 2028.

d. The Supplier's Pricing and Rates must remain firm through June 30, 2023 and through June 30 of each contract period, if/when extended.

9. CONTRACT ADMINISTRATOR:

The Contract Administrator for this Master Contract will be the Purchasing Manager, or designee.

10. DISTRICT REPRESENTATIVE:

The District Representative for the project is the Project Coordinator Supervisor for Maintenance, or designee.

11. SOLICITATION SCHEDULE:

The milestones for the selection process are set forth below. The dates are specific and will be followed to the extent reasonably possible. The purpose of this schedule is for Proposer information only. The District reserves the right to deviate from this schedule.

Solicitation Milestone Completion Date Deadline for Questions April 15, 2022 Issue Last Addenda, if Required April 21, 2022 Submit Proposals April 26, 2022

12. CONTACT DURING SOLICITATION:

Questions must be submitted in writing via email to contracts@beaverton.k12.or.us as indicated on the Summary page of this Solicitation. No other contact regarding this solicitation during the solicitation process is permitted. Unauthorized contact regarding this solicitation may subject the offender’s Proposal to rejection.

SECTION III – INSTRUCTIONS TO PROPOSERS

Asbestos Abatement and Mold Remediation Services

1. PURPOSE AND INTRODUCTION:

The District requires asbestos abatement and mold remediation work to be performed on an as needed basis throughout the District’s facilities. It is the District’s intent to award one or more Master Contracts for this work.

2. GENERAL REQUIREMENTS.

The District is seeking the services of Contractors(s) (preferably with BSD or other school district experience), resulting in a roster of qualified Mold Remediation and Asbestos Abatement Contractors to perform individual work projects on an as needed basis. Projects to include all phases of possible work repairing and/or removing both friable and non-friable asbestos containing building materials, and/or removing mold impacted materials, at all District facilities.

a. These services include, but are not limited to:

i. Encapsulation of asbestos-containing materials

ii. Removal of asbestos floor tile and mastic

iii. Repair and/or removal of asbestos thermal system insulation

iv. Replacement of non-asbestos insulation on thermal system equipment

v. Repair and/or removal of asbestos ceiling tiles and mastic

vi. Removal of mold and/or water impacted materials

vii. Waste removal and proper disposal must be conducted in accordance with applicable federal, state and local regulatory guidelines

viii. Apply for and maintain an Annual Removal Notice for Non-Friable Asbestos Abatement Projects with the Oregon Department of Environmental Quality on behalf of the District

ix. Provide quarterly status reports to the District on all activities performed under the Annual Permit

b. The Contractor must perform and complete assigned work including all demolition and construction services, supervision, administration services, coordination of all Subcontractors, tests, inspections, and other items that are necessary and appropriate for the finishing, equipping and functioning of the facilities and structures, together with all additional, collateral and incidental work and services required for completion of the provision of the Work.

c. As part of the Work, the Contractor must furnish and assume full responsibility for everything required for the orderly progress and proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated into the Work including, but not limited to, materials, equipment, labor and subcontractors, transportation, construction equipment and machinery, tools, and other facilities and incidentals.

d. Contactor must not have any public or private interest and must not acquire directly or indirectly any such interest which conflicts in any manner with the performance of its services under this Contract.

e. Contractor must employ only persons duly licensed by the State of Oregon to perform the Work required under this Contract for which applicable Oregon Law requires a license.

f. The District provides no guarantee of work. Award of a contract does not prevent the District from obtaining the services of another Contractor for any other project if the District so desires and/or is in the public interest to do so.

3. CONTRACTOR QUALIFICATIONS.

Contractor must meet the following minimum qualifications:

a. Must be capable of obtaining performance and payment bonds, if requested by the District.

b. Must have a minimum of 5 years continuous business experience, at least three of which must be with school district(s).

c. Must be able to respond to emergencies within 2 hours of notification, 7 days a week.

d. Must have all appropriate Oregon State certifications for both field supervisors and field workers.

Asbestos Abatement and Mold Remediation Services

4. PROJECT PROCEDURES.

a. Work: Contractor must furnish all labor (including subcontractors), transportation, plant, tools, equipment, materials, daily complete removal of waste, proper disposal, and overhead necessary to execute and complete all assigned work

b. Quote: A price quote will be requested from at least one of the Qualified Roster of Contractors for each individual project as projects occur. Project quotes for specific work will be based on a specific scope of work. The District’s process to select a Contractor from the Roster is as follows:

A. The District Representative or District Abatement Consultant will provide a project scope of work to the Contractor(s). Sample quote sheet enclosed (See Attachments).

B. The Contractor must provide a price quote using the Request for Quote form provided by the District and the Contractor’s current Price Schedule and/or current BOLI/PWR when applicable.

C. The project scope of work will not include sampling, testing or air monitoring other than OR/OSHA personal air monitoring and monitoring as part of small glove bag abatement.

Samples for this type of monitoring must be read by a third party.

c. Timing/Rates A. The Contractor must be available to work on an on-call basis at any time including nights, weekends and holidays if needed, to mitigate potential inconvenience to building occupants or users.

B. No premium will be paid for work performed after regular business hours (8:00 AM – 5:00 PM PST). Except for work pursuant to ‘hours of labor – ORS 279C.520’. The Contractor must adjust workers’ schedules to accomplish the work around a particular site’s schedule so that no premium time will be paid.

(i) For example, the Contractor must schedule workers to begin work on a project at a school when no students are present - starting at 3:30 PM PST and stopping work for the day at

11:00 PM PST.

d. Site Visit. Prior to start of any project, contractor must visit the jobsite to verify all conditions.

e. Project Closeout. The Contractor must submit a project close-out report containing, but not limited to, a project summary, project logs, a listing of project workers with copies of certifications, copies of waste manifests and other pertinent documentation to the District Representative.

f. Emergency Projects. Where emergency response is required:

A. The maximum response time must not exceed two (2) hours from time of initial notification.

B. The Contractor must receive an authorization to proceed from the District.

C. The Contractor must submit a cost estimate within two (2) business days of the initial notification and must be based on the unit pricing contained in the contract.

g. Performance Bond. The District reserves the right to require the Contractor to furnish a performance bond and a payment bond in a sum equal to 100% of the Project contract price prior to the start of the designated project.

A. This requirement will be discussed on an individual project basis B. The cost of the bonds will be allowed to be included in the project quote.

h. Notice to Proceed. The District Representative or designee will provide the selected Contractor a notice to proceed.

A. The notice will be: email, fax, phone, etc., depending on the project situation.

B. The Contractor will be issued a Project Work Authorization (see Attachments)

5. TRAVEL TIME & MILEAGE.

a. All labor must be billed from the time Contractor’s employee arrives at the job site to the time Contractor’s employee departs from the job site.

Asbestos Abatement and Mold Remediation Services

b. The District will not accept nor authorize payment for travel time or mileage expenses of service personnel to any of the District’s sites, unless specifically stated and allowed in an individual PWA.

Generally, the only billable time will be for service work performed.

6. RELEASE REPORTING.

Contractor must report all reportable quantity releases to applicable federal, state, and local regulatory and emergency response agencies.

a. Reportable quantities are found in 40 CFR, Part 302, Table 302.4 for hazardous substances.

b. Upon discovery, regardless of quantity, Contractor must report all releases to the District by telephone.

c. A written follow-up report must be submitted within forty-eight (48) hours of the telephoned report.

Such written report must contain, as a minimum:

i. Description of items released (identity, quantity, manifest no., and all other documentation required by law).

ii. Whether amount of releases is EPA/DEQ reportable, and, if so, when it was reported.

iii. Exact time and location of release, including a description of the area involved.

iv. Containment procedures initiated.

v. Summary of communications about the release Contractor has had with members of the press or State officials other than the District.

vi. Description of cleanup procedures employed or to be employed at the site.

vii. Personnel injuries, if any, resulting from, or aggravated by, the release.

7. ASBESTOS RELEASE RESPONSIBILITY.

Contractor will be held responsible for any and all releases of asbestos during performance of the Contract that occur as a result of, or are contributed to, actions of its agent, personnel, or subcontractors.

a. Contractor agrees to promptly, thoroughly clean to satisfaction of the District and proper regulatory agencies in the manner that complies with applicable federal, state, and local laws and regulations.

Cleanup must be at no cost to the District.

b. Contractor will be liable for any and all costs, expenses, damages, claims, and causes of action, related to or arising out of an asbestos release, to the extent such release, was caused or contributed to by Contractor's (i) negligence or (ii) failure to perform in accordance with the Contract Documents.

8. COST REDUCTION.

a. Contractor must aid the District, with its expertise, to minimize costs and maximize the benefits of proposed services.

b. The decision to follow the suggestion(s) will be at the sole discretion of the District.

9. ADDITIONAL REQUIREMENTS.

a. Background Checks. All personnel on-site will be required to be badged and must be subjected to a background check per District Standards. See sample Contract attached to this Solicitation.

b. BUSINESS EQUITY. The Proposer understands that the District maintains a goal of engaging minority, women, emerging, service-disabled veteran and socially or economically disadvantaged businesses (DMWESBSDVBE) as service providers in delivering services necessary to implement our bond program.

The District aspires to a goal of ten (10) percent DMWESBSDVBE content, by contract value, in completing our capital bond work, and the Contractor must expend reasonable efforts to reach this content in the total value of their contracts with the District.

Asbestos Abatement and Mold Remediation Services

1. FORMAL SELECTION PROCEDURE:

The District may procure Goods or Services by competitive sealed Proposals as set forth in ORS 279B.060.

2. PRE-PROPOSAL CONFERENCE:

a. Purpose. The District may hold pre-Proposal conferences with prospective Proposers prior to Closing, to explain the procurement requirements, obtain information, and/or to conduct site inspections.

b. Required Attendance. The District may require attendance at the pre-Proposal conference as a condition for submission of a Proposal. A mandatory attendance requirement is considered to have been met if, at any time during the mandatory meeting, a representative of an offering firm is present.

c. Notice. The Summary page of this solicitation indicates the pre-Proposal conference scheduled date and time (if any), and whether the pre- Proposal conference is mandatory or non-mandatory.

d. Statements Not Binding. Statements made by the District's representatives at the pre- Proposal conference do not change the Solicitation unless the District confirms such statements by Written Addendum.

3. PROPOSALS ARE OFFERS: A Proposal submitted in response to this Solicitation is the Proposer’s offer to enter into a Contract.

a. By signing and submitting a Proposal, the Proposer acknowledges it has read, understands and agrees to be bound by the terms and conditions contained in this Solicitation.

b. The Proposal is a "firm offer," and must be held open by the Proposer for the District's acceptance for a minimum of sixty (60) days.

c. The District's Award of a Contract constitutes acceptance of the Proposal and binds the Proposer to the

Contract.

d. The Proposer must not make its Proposal contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

4. ADDENDA:

a. Issuance; Receipt. The District may change this Solicitation only by Written Addenda. A Proposer must provide written acknowledgement of receipt of all issued Addenda in the space provided on the Proposer Certification.

b. Notice and Distribution. The District will publish notice of any and all Addenda on the Oregon Buys website. Addenda may be downloaded from the Oregon Buys website. It is the Proposers’ responsibility to inquire about Addenda. Proposers should frequently check the Oregon Buys website until the Solicitation Closing (due date and time) about any Addenda issued, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

c. Timelines; Extensions. The District will issue Addenda within a reasonable time to allow prospective Proposers to consider the Addenda in preparing their Proposal. The District may extend the Closing if the District determines prospective Proposers need additional time to review and respond to Addenda.

Except to the extent required by public interest, the District will not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

d. Request for Change or Protest. Unless a different deadline is set forth in the Addendum, a Proposer may submit a Written request for change or protest to the Addendum, as provided in OAR 137- 049- 0260, by the close of the District's next business day after issuance of the Addendum, or up to the last

Asbestos Abatement and Mold Remediation Services day allowed to submit a request for change or protest under OAR 137-049-0260, whichever date is later.

The District shall consider only a Proposer's request for change or protest to the Addendum; the District shall not consider a request for change or protest to matters not added or modified by the Addendum, unless the Proposer submits the request for change or protest before the deadline for the District’s receipt of request for change or protests noted in the Solicitation Schedule and as set forth in OAR 137- 049- 0260(2) and (3).

5. REQUEST FOR CLARIFICATION OR CHANGE; SOLICITATION PROTEST:

a. Clarification. Prior to the deadline for submitting a written request for change or protest, a Proposer may request that the District clarify any provision of the Solicitation. The District's clarification to a Proposer, whether orally or in Writing, does not change the Solicitation and is not binding on the District unless the District amends the Solicitation by Addendum.

b. Request for Change.

i. Delivery. No later than the date and time specified in the Solicitation Schedule, Proposers may request in writing a change to the Specifications or Contract terms and conditions. A Proposer must deliver the Written request for change by email to contracts@beaverton.k12.or.us. (Proposer is responsible for ensuring receipt by the District.)

ii. Content of Request for Written Change:

1. A Proposer’s written request for change shall include a statement of the requested change(s) to the contract terms and conditions, including any Specifications, together with the reason for the requested change.

2. A Proposer shall mark the subject line of its request for change email as follows, or in a substantially similar fashion:

a. “Contract Provision Request for Change”; and

b. Solicitation number.

c. Protest.

i. Delivery. No later than the date and time specified in the Solicitation Schedule, a

Proposer may protest Specifications or Contract terms and conditions. A Proposer must deliver a written protest by email to contracts@beaverton.k12.or.us. Referencing the solicitation number and indicating that the submission contains a Protest.

ii. Content of Protest.

1. A Proposer’s Written protest shall include:

a. A detailed statement of the legal and factual grounds for the protest;

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

c. A statement of the desired changes to the contract terms and conditions, including any Specifications.

2. A Proposer shall mark the subject line of its protest as follows:

a. “Contract Provision Protest”; and

b. Solicitation number.

iii. District Response. The District is not required to consider a Proposer’s request for change or protest after the deadline established for submitting such request or protest. The District shall provide notice to the applicable Person if it entirely rejects a protest. If the District agrees with the Person's request or protest, in whole or in part, the District shall either issue an Addendum reflecting its determination under OAR 137-49-0260 or cancel the Solicitation under OAR 137-49- 0270.

d. Extension of Closing. If the District receives a written request for change or protest from a

Asbestos Abatement and Mold Remediation Services Proposer in accordance with this Rule, the District may extend Closing if the District determines an extension is necessary to consider the request or protest and issue an Addendum, if any, to the Solicitation.

6. CANCELLATION OF SOLICITATION.

Cancellation in the Public Interest. The District may cancel a Solicitation for good cause if the District finds that cancellation is in the public interest. The District's reasons for cancellation shall be made part of the Solicitation file.

7. PROPOSAL SUBMISSIONS.

a. Offer and Acceptance. The submitted Proposal is the Proposer's offer to enter into a Contract.

i. The Offer is always a "Firm Offer," i.e., the Proposal shall be held open by the Proposer for the District's acceptance for sixty (60) days. The District may elect to accept the Proposal at any time during the specified period, and the District's Award of the Contract to a Proposer constitutes acceptance of the Offer and binds the Proposer to the Contract.

ii. Notwithstanding the fact that a competitive Proposal is a “Firm Offer” for the period specified above, the District may elect to discuss or negotiate certain contractual provisions, as identified in this solicitation document, with the Proposer. Where negotiation is permitted by the rules or this Solicitation Document, Proposers are bound to an obligation to negotiate in good faith and only on those terms that the rules or the Solicitation Document has reserved for negotiation.

b. Responsive Proposal/Responsible Proposer. The District may award a Contract only to a Responsible Proposer with a Responsive Proposal.

c. Contingent Proposals. A Proposer shall not make a Proposal contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

d. Proposer’s Acknowledgement. By signing and submitting a Proposal, the Proposer acknowledges they have read and understand the terms and conditions contained in the Solicitation and that they accept and agree to be bound by the terms and conditions of the Solicitation.

e. Proposal Limitations. A Proposal shall not exceed 15 pages and must be signed where indicated. The Proposer Certification Form and personnel or subcontractor resumes will not be included in the page limitation.

f. Forms. Proposers shall submit the form(s) required under Section V of this document.

g. Documents. Proposers shall provide the District with all documents and descriptive literature requested.

h. Facsimile or Paper Submissions. The District will not accept facsimile or Paper Proposals. Proposals shall only be submitted by email, in electronic (e.g., standard PDF format). Proposers are responsible for ensuring that the District is able to open electronic Proposals.

i. Identification of Proposals.

i. To ensure proper identification and handling, Proposals shall be submitted by email with the Proposer’s name, solicitation number, and other clearly identifying information in the email subject line/text.

ii. The District is not responsible for Proposals submitted in any manner, format or to any

Asbestos Abatement and Mold Remediation Services delivery point other than as required in the Solicitation.

j. Receipt of Proposals.

i. Proposers are responsible for ensuring that the District receives their Proposal.

k. Failure to submit Proposals in accordance with the provisions of this Section shall be grounds to declare the Proposal as nonresponsive.

l. Certification. Proposers shall (on the Proposer Certification enclosed):

i. Identify whether the Proposer is or is not a "resident Proposer," as defined in ORS 279A.120(1);

ii. Indicate that the Proposer will comply with Prevailing Wage Laws ORS 279C.800 through ORS 279C.870 or 40 U.S.C. 3141 et seq;

iii. Provide certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

iv. Provide written acknowledgment of receipt of all Addenda.

8. PRE-CLOSING MODIFICATION OR WITHDRAWAL OF PROPOSALS:

a. Modifications. Prior to the Closing date and time in the Solicitation Schedule, a Proposer may modify their Proposal in writing prior to the Closing. A Proposer shall prepare and submit any modification to its Proposal to the District in accordance with OAR 137-49- 0280. Any modification must include the Proposer’s statement that the modification amends and supersedes the prior Proposal. The Proposer shall email its modification to contracts@beaverton.k12.or.us and include the following, or substantially similar information in the email subject line:

i. “Proposal Modification”; and

ii. Solicitation Number.

b. Withdrawals.

i. Prior to the Closing date and time in the Solicitation Schedule, a Proposer may withdraw its Proposal by emailing to contracts@beaverton.k12.or.us a written notice submitted on the Proposer’s letterhead, signed by an authorized representative of the Proposer.

The Proposer or authorized representative of the Proposer may also withdraw its Proposal in Person prior to the Closing, upon presentation of appropriate identification and satisfactory evidence of authority;

ii. The District may release an unopened withdrawn Proposal to the Proposer or its authorized representative, after voiding any date and time stamp mark;

iii. The Proposer shall mark the emailed, written request to withdraw a Proposal as follows, or with substantially similar information:

A. Proposal Withdrawal; and B. Solicitation Number.

c. Documentation. The District shall include all documents relating to the modification or withdrawal of Proposals in the Solicitation file.

9. RECEIPT, OPENING, AND RECORDING OF PROPOSALS; CONFIDENTIALITY OF PROPOSALS.

a. Receipt. The Proposer is responsible for ensuring that the District receives its Proposal at contracts@beaverton.k12.or.us prior to the Closing. The District’s email system shall electronically time-stamp each Proposal and any modification upon receipt. Proposers should note that multiple proposals being submitted by email may cause delays in the District’s email server’s processing and receipt of the emails.

b. Opening and Recording. Timely received Proposals will be opened, recorded and prepared for evaluation pursuant to SECTION V. The District will not read Proposals aloud.

Asbestos Abatement and Mold Remediation Services

10. LATE PROPOSALS, WITHDRAWALS AND MODIFICATIONS.

Any Proposal received after the Closing date and time is late. A Proposer’s request for withdrawal or modification of a Proposal received after Closing is late. The District shall not consider late Proposals, withdrawals or modifications except as permitted in OAR 137-049-0350 or OAR 137-049-0390.

11. MISTAKES:

a. Generally. To protect the integrity of the competitive Procurement process and to assure fair treatment of Proposers, the District will carefully consider whether to permit waiver, correction or withdrawal of Proposals for certain mistakes.

b. District Treatment of Mistakes. The District shall not allow a Proposer to correct or withdraw a Proposal for an error in judgment. If the District discovers certain mistakes in a Proposal after Opening, but before Award of the Contract, the District may take the following action:

i. The District may waive, or permit a Proposer to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Proposal, or an insignificant mistake that can be waived or corrected without prejudice to other Proposers.

Examples of minor informalities include a Proposer's failure to:

A. Return the correct number of signed Proposals or the correct number of other documents required by the Solicitation Document;

B. Sign the Proposal in the designated block, provided a Signature appears elsewhere in the Proposal, evidencing an intent to be bound; and

C. Acknowledge receipt of an Addendum to the Solicitation Document, provided that it is clear on the face of the Proposal that the Proposer received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

ii. The District may correct a clerical error if the error is evident on the face of the Proposal or other documents submitted with the Proposal, and the Proposer confirms the District's correction in Writing. A clerical error is a Proposer's error in transcribing a portion of its Proposal. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Proposal). In the event of a discrepancy, unit prices shall prevail over extended prices.

iii. The District may permit a Proposer to withdraw a Proposal based on one or more clerical errors in the Proposal only if the Proposer shows with objective proof and by clear and convincing evidence:

A. The nature of the error;

B. That the error is not a minor informality or an error in judgment;

C. That the error cannot be corrected or waived under Item 11.b.ii above;

D. That the Proposer acted in good faith in submitting a Proposal that contained the claimed error and in claiming that the alleged error in the Proposal exists;

E. That the Proposer acted without gross negligence in submitting a Proposal that contained a claimed error;

F. That the Proposer will suffer substantial detriment if the District does not grant the Proposer permission to withdraw the Proposal;

G. That the District's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the District or the public it represents; and H. That the Proposer promptly gave notice of the claimed error to the District.

Asbestos Abatement and Mold Remediation Services

iv. The criteria in Item 11.b.iii above shall determine whether the District will permit a Proposer to withdraw its Proposal after Closing. These criteria also shall apply to the question of whether the District will permit a Proposer to withdraw its Proposal without forfeiture of its Proposal Security (or other Bid or Proposal bond/security) if any, or without liability to the District based on the difference between the amount of the Proposer's Proposal and the amount of the Contract actually awarded by the District, whether by Award to the next best Responsive and Responsible Proposer, or by resort to a new solicitation.

c. Rejection for Mistakes. The District shall reject any Proposal in which a mistake is evident on the face of the Proposal and the intended correct Proposal is not evident or cannot be substantiated from documents submitted with the Proposal.

d. Identification of Mistakes after Award. The procedures and criteria set forth above are the Proposer's only opportunity to correct mistakes or withdraw Proposals because of a mistake. Following Award, a Proposer is bound by its Proposal, and may withdraw its Proposal or rescind a Contract entered into pursuant to OAR 137 Division 49 only to the extent permitted by applicable law

12. PROPOSAL PREPARATION:

A Proposer must sign and submit its Proposal in accordance with the instructions set forth in this Solicitation. Failure to submit Proposals in accordance with the provisions of this Solicitation will be grounds to declare the Proposal as non-Responsive. Proposers must:

a. Submit a complete Proposal (a Proposal that meets all requirements of this Solicitation);

b. Provide the District with all required and requested documents and descriptive literature;

c. Initial any corrections or erasures to their Proposal prior to Closing;

d. Identify (on the Proposer Certification) whether the Proposer is/is not a "resident Proposer”, as defined in ORS 279A.120(1);

e. Provide (on the Proposer Certification) certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

f. Provide (on the Proposer Certification) Written acknowledgment of receipt of all Addenda.

13. PROPOSAL SUBMISSION:

a. To ensure proper identification and handling, Proposals must be submitted electronically only to contracts@beaverton.k12.or.us with the Proposer’s name and address and the Solicitation number clearly legible in large block numbers.

b. The District is not responsible for Proposals submitted in any manner, format or to any delivery point other than as required in this Solicitation.

c. Proposers are solely responsible for ensuring that the District receives their Proposal at the required delivery point prior to Closing.

14. COOPERATIVE PROCUREMENT:

This Solicitation is intended to become a Permissive Cooperative Procurement.

a. Authorized Agencies may utilize a Permissive Cooperative Contract pursuant to ORS 279A.215.

Generally:

i. Authorized Agencies may establish a Contract with the Supplier to purchase the Goods and Services awarded by this Solicitation;

ii. Authorized Agencies may not Materially Change or alter the terms, conditions, or prices from the

Original Contract between the Supplier and the District.

b. Proposers must state (on the Proposer Certification) that it will/will not extend the terms, conditions and prices to any Participating Agency that desires to establish a Contract awarded to the Supplier resulting from this Solicitation. Volumes of other agencies are not included in this Solicitation.

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15. AWARD:

a. Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and/or allocated by the School Board, the District reserves the right to cancel any Solicitation or resulting contract at no penalty.

b. If awarded, the District will award a Master Contract to the Responsive/Responsible Proposer(s) that submitted the most advantageous responsive Proposal(s), and that meets the minimum requirements of this Solicitation.

c. The District may award by item, groups of items, or the entire Proposal.

d. The District may Award multiple Contracts if beneficial to the District for adequate availability, delivery, service, competition, pricing, product capabilities, or other factors deemed significant by the District.

This notice of potential Multiple Awards does not preclude the District from awarding a single Contract.

e. The District may award a Contract for parts of the Solicitation for which acceptable Proposals have been received.

f. The District may award All or None Offers if the evaluation shows an All or None Award to be the most Advantageous or in the best interest of the District.

g. The District may reject all or part of Proposals and may issue a new Solicitation on the same or revised terms, conditions and Specifications.

h. When Proposals are identical the District must Award the contract(s) Pursuant to OAR 137-046-0300.

16. NOTICE OF INTENT TO AWARD:

The District will provide a written Notice of Intent to Award (NOI) to all Proposers at least seven (7) calendar days before the Award of a Contract, unless the District determines that circumstances require prompt execution of the Contract. The District's Award will not be final until the later of the following:

a. SEVEN (7) calendar days after the date of the NOI,

b. The District determines that a shorter timeframe is required and justified, or

c. Until the District provides written response(s) to all timely filed protest(s) denying the protest(s) and affirming the Award.

17. PROPOSAL REJECTION.

a. The District may reject any Proposal as set forth in ORS 279B.100:

i. When the rejection is in the best interest of the District.

ii. When the Proposal is contingent upon the District's acceptance of terms and conditions (including

Specifications) that differ from the Solicitation.

iii. When the Proposal takes exception to terms and conditions (including Specifications) set forth in the Solicitation.

iv. That attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation or applicable law.

v. That fails to meet the Specifications of the Solicitation.

vi. That is submitted late.

vii. Not in substantial compliance with the Solicitation or with all prescribed public procurement procedures.

viii. Not in compliance with ORS 279B.120, 279B.130, OAR 137-046-0210(3), 279A.105, ORS 279A.110(4).

ix. When the Proposer is not Responsible pursuant to ORS 279B.110.

b. The District may reject all Proposals as set forth in ORS 279B.100. The District will notify all Proposers of the rejection, along with the reasons for rejection. Proposals may be rejected based upon the following criteria:

i. The content of or an error in the Solicitation or the Procurement Process unnecessarily restricted competition for the Contract.

Asbestos Abatement and Mold Remediation Services

ii. The price, quality or performance presented by the Proposers are too costly or of insufficient quality to justify acceptance of any Proposal.

iii. Misconduct, error, or ambiguous or misleading provisions in the Solicitation threaten the fairness and integrity of the competitive process.

iv. Causes other than legitimate market forces threaten the integrity of the competitive process, such as collusion, corruption, unlawful anti-competitive conduct, and/or inadvertent or intentional errors in the Solicitation.

v. The District cancels the Solicitation in accordance with OAR 137-047-0660.

vi. Any other circumstance indicating that awarding the Contract would not be in the public interest.

18. SOLICITATION CANCELLATION:

The District may cancel, delay or suspend a solicitation, or reject all Proposals, in accordance with ORS 279B.100 when it is in the best interest of the District as determined by the District. In the event of any such cancellation, delay, suspension or rejection, the District is not liable to any Proposer for any loss or expense caused by or resulting from any such cancellation, delay, suspension or rejection.

19. PROPOSAL COSTS:

Proposers responding to solicitations are responsible for all costs they may incur in connection with submitting Proposals.

20. CONTRACT AWARD PROTEST:

a. Proposers may Protest the Award of a Contract, or the intent to Award a Contract if the conditions set forth in ORS 279B.410(1) are satisfied. Proposers must deliver a written Protest to the District within seven (7) Days after the issuance of the NOI.

b. The Proposer’s Protest must be in writing and must specify the grounds for the protest to be considered by the District pursuant to ORS 279B.410(2). A protest must be submitted to the Purchasing Manager and may be e-mailed to contracts@beaverton.k12.or.us The Proposer is responsible for ensuring the District receives the Protest.

c. The District will not consider any Protest that is submitted after the submission deadline.

d. Proposers may not Protest a score or point total rendered in good faith in the best judgement of the

Evaluator.

e. Resolution of Protests. The District’s Purchasing Manager will settle or resolve a written Protest submitted in accordance with the requirements of this Rule and will issue a written decision on the Protest in a timely manner as set forth in ORS 279B.410(4).

f. Decision. If a Protest is not settled, the Superintendent, or designee, has the authority to resolve the Protest.

g. Proposers must exhaust all administrative remedies before seeking judicial review. Judicial review of this decision will be in accordance with ORS 279B.415.

h. If the District upholds the Protest, in whole or in part, the District may in its sole discretion either Award the Contract to the successful Protestor or cancel the Procurement or Solicitation.

21. ADDITIONAL REQUIREMENTS:

a. The District reserves the right to seek clarifications of submitted Proposals, which may or may not affect the evaluation scoring.

b. The District reserves the right to negotiate a final Contract that is in the best interest of the District.

c. Failure of the District to insist on strict performance of requirement or condition of the Solicitation or

Contract will not constitute a waiver of any of the provisions of this Solicitation or resulting Contract or waiver of any other default of the Proposer.

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22. CONFIDENTIALITY OF PROPOSALS:

The District is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. The District may withhold from disclosure confidential information pursuant to ORS 192.501 or 192.502.

If a Proposer has specific information they deem Confidential or Proprietary they must submit a separate copy of their proposal with all such information clearly delineated and marked as “containing Proprietary or Confidential Information”. The information must be redacted in such a manner as to keep the formatting intact but the content should be not legible. The District will use the non-redacted copy for evaluation purposes but may release the reacted copy pursuant to a Public Records Request. If a Public Records Request claims that the redacted material is not subject to retention, the District will submit the redacted copy and the non-redacted copy to the Washington County District Attorney for review and their opinion will be final. If a Proposer does not submit a redacted copy in their Proposal submission the District may, at its option, release the non-redacted copy without notice to the Proposer. If a Proposer marks their entire Proposal as Confidential or Proprietary the District may ignore such marking and release the proposal or declare the Proposal non-responsive and return it to the Proposer.

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1. PUBLIC WORKS REQUIREMENTS.

This solicitation may result in the award of Master Services Contract. Individual Project Work Authorizations (PWA) will be utilized to award specific projects for a Public Work subject to ORS 279C.800 to 279C.870 or the Davis-Bacon Act (40 U.S.C. 3141 et seq., if applicable). Master Service Contract holders may be required to submit Bids for specific projects. No Bid will be received or considered by the District unless the Bid contains a statement by the Bidder that the provisions of ORS 279C.800 to 279C.870 (prevailing wage rates paid to employees) or the Davis Bacon Act (40 U.S.C. 3141 et seq, if applicable) are to be complied with (see Bidder Certification).

2. REGISTRATION REQUIREMENTS.

Bidders must be currently registered with the Construction Contractors Board as required by ORS 701.021, licensed by the Sate Landscape Contractors Board, as required by ORS 671.530, or licensed by the Department of Environmental Quality, as required by ORS 468A.710 (Air Quality), if required, holding the proper registration for the work contemplated herein, at the time of Bid submittal. All Subcontractors participating in the project must be similarly registered with the Construction Contractors Board, State Landscape Contractors Board or Department of Environmental Quality, as required, at the time they propose to engage in subcontract work. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

3. BOLI/PWR REQUIREMENTS.

All contractors and subcontractors will abide by the latest determination of the minimum wage rates as scheduled and published for this region by the U.S. Department of Labor and the Oregon Bureau of Labor and Industries and will abide by all amendments, decisions, and related regulations of these agencies.

Specifically:

a. The Contractor is required to pay workers not less than prevailing wage rates for the Region #2 through the contract period.

b. If the Contractor fails to pay for labor and services the District can pay and will withhold these amounts from payments to the Contractor. OAR 839-025-0020(2)(a).

c. The Contractor is required to pay weekly, holiday (including weekends) and daily overtime as required.

OAR 839-025-0020(2)(b).

d. The existing 'prevailing rate of wage' as published by the Oregon Bureau of Labor and Industries are the

Prevailing Wage Rates for Public Works Contracts in Oregon, the Correction to Prevailing Wage Rates Effective January 1, 2022. They may be found at the following website:

http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx, and are incorporated herein by this reference.

4. BONDS: PERFORMANCE, PAYMENT AND PUBLIC WORKS. Pursuant to OAR 137-49-0460 and ORS 279C:

a. Performance and Payment Bonds.

i. Pursuant to ORS 279C.380, the Contractor must furnish bonds covering the faithful performance of the Contact and payment of obligations arising there under. Bonds are to be obtained through a company that is authorized and licensed by the Oregon Insurance Commissioner. The bonding company must be listed on the most current US Government Treasury list, Department Circular 570 or approved PRIOR TO BID SUBMISSION by the District. The cost of the Bonds must be included in the Contract Sum. The amount of each Bond must be equal to 100 percent of the Contract Sum.

Performance and Payment Bonds must be the AIA A312 or as approved by the District.

ii. Bonds must be effective from the Contract date through the Final Completion of the Contract.

iii. Failure to adhere to these requirements may be grounds for rejection of the Bid.

b. Public Works Bond.

http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

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i. Contractors who work on public works projects, subject to the PWR law, are required to file a

$30,000 Public Works Bond to be used exclusively for unpaid wages determined to be due by BOLI.

Proof of this bond in effect must be…