REQUEST FOR PROPOSALS

Solicitation No: 23-0031

For the Provision of

Electro-Static Painting and Refinishing

RFP Closing (Due Date & Time):

May 9, 2024 at 2:00 PM Pacific Time

Issued by:

Beaverton School District 48J

1260 NW Waterhouse Avenue Beaverton, Oregon 97006

April 9, 2024

Business Services Procurement and Contracting 1260 NW Waterhouse Avenue

Beaverton, OR 97006

REQUEST FOR PROPOSAL

Solicitation No: RFP 23-0031

Summary

The purpose of this Request for Proposals (Solicitation) is to obtain competitive Proposals from qualified Proposers interested in the provision of Electro-Static Painting and Refinishing for the Beaverton School District.

The District will not be holding a Pre-Proposal Conference.

Interested Proposers must submit a Proposal pursuant to the provisions of this Solicitation by email only to:

contracts@beaverton.k12.or.us NOT LATER THAN:

SOLICITATION DUE DATE AND TIME (CLOSING):

May 9, 2024 at 2:00 PM Pacific Time

No public opening will occur. Proposals will be opened and recorded. The number of Proposals received, the identity of Proposers, or 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 BY EMAIL to:

contracts@beaverton.k12.or.us

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

Electro-Static Painting and Refinishing

1. INTRODUCTION:

This Solicitation is issued pursuant to ORS 279A, ORS 279B, and ORS 279C and the Oregon Attorney General Model Rules Divisions 46, 47 and 49.

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 4,700 employees. The District is responsible for educating approximately 40,870 students in kindergarten through grade 12 at thirty-four (34) Elementary Schools, eight (8) Middle Schools, six (6) High Schools, five (5) Options Schools, and nineteen (19) Options 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:

For the provision of District-wide electro-static painting and refinishing on an as-needed basis, as requested by the District.

6. CONTRACT:

The successful Proposer, selected by the District, will receive a Master Trade Services Contract. A sample 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.

Individual Project Work Authorizations (PWAs) will be issued by the District as needed.

7. AMENDMENTS:

The District may amend a Contract without additional competition pursuant to OAR 137-047-0800.

SECTION II – STATEMENT OF WORK

Electro-Static Painting and Refinishing

8. CONTRACT PERIOD/EXTENSION:

a. Selected Proposer will be issued a Contract effective upon full execution, through June 30, 2025.

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 four (4) additional one (1) year terms. In no event will the contract be extended beyond June 30, 2030.

d. The Supplier's Pricing and Rates must remain firm through June 30, 2025 and through June 30 of each contract period, when extended.

e. Any annual price increases hereunder shall not exceed the prior year’s percentage increase in the applicable sub-category of the Consumer Price Index – Western Region. The District may at its sole discretion, consider price increases in excess of the foregoing limit if the provider can demonstrate that such increases are due to actual cost increases/industry-specific market conditions.

Individual Project Work Authorizations (PWAs), Purchase Orders, or other District-approved means of ordering services will be issued by the District as needed.

9. DISTRICT REPRESENTATIVE:

The District Representative for the project is Maintenance Services Project Coordinator, or designee. A District Representative will be designated for each individual PWA.

10. 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. Required dates for contract milestones are provided elsewhere in this Solicitation. The District reserves the right to deviate from this schedule.

Solicitation Milestone Completion Date Deadline for Questions April 30, 2024 Submit Proposals May 9, 2024 at 2:00 PM

11. 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 Bid to rejection.

1. PURPOSE AND INTRODUCTION:

The District is seeking the services of qualified Contractors, for on-site electrostatic painting and refinishing services for metal surfaces, District-wide, on an as-needed basis. Projects include but not limited to, Interior and Exterior Lockers, Standard Restroom Stall panels, ADA Restroom Stall Panels, Urinal Screens, Privacy Panels, Wall heaters, Stair and Path Railings, Doors, Door Frames, and other metal panels as chosen by the District. Additional surfaces may require electrostatic painting on an as needed basis. This solicitation will establish a Master Contract(s) with one or more Contractors to perform this work.

a. 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 determines it is in the District’s best interest.

2. CONTRACTOR REPRESENTATIVE:

Contractor must provide the District a representative who must function as the single point of contact to act as liaison as necessary to meet contractual requirements, and to assure end user satisfaction. The representative must be able to respond to phone call or e-mail communication within 2-3 business days during normal District Maintenance Department working hours, 7:00 AM through 3:30 PM Pacific Time throughout the term of the Contract.

3. PROPOSER QUALIFICATIONS:

Proposer must meet or exceed the following qualifications:

a. A minimum of four (4) years of continuous related work and business experience.

b. Proposer 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.

4. CONTRACTOR SERVICES:

GENERAL REQUIREMENTS

a. As part of the Work, the Contractor shall furnish and assume full responsibility for everything required for the orderly progress and proper execution and completion of the Work, including, but not limited to, materials, equipment, labor including subcontractors, transportation, machinery, tools, and other facilities and incidentals. This is the Contractor's responsibility regardless of whether the work is temporary or permanent.

b. 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.

c. 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.

d. 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.

5. DESCRIPTION OF SERVICES

a. Work to include supplying, storing, and handling of all required materials.

b. Work includes protection of neighboring areas and replacement/repair of any damaged surfaces.

c. Contractor shall provide all labor, materials, equipment, transportation, permitting and other facilities and services as necessary and/or required to execute work.

Electro-Static Painting and Refinishing

d. All work areas, staging areas and storage areas shall be secured and clearly marked for the duration of the work.

e. All work areas shall be cleared of any construction debris daily. General Contractor is responsible for material removal and disposal of materials offsite. Upon completion of the project, the general Contractor is to provide final cleaning of all work installed, replaced, or repaired.

f. Work anticipated to begin following execution of a Project Work Authorization (PWA) and scheduling with the Beaverton School District Project Representative.

g. Work will be scheduled during non-student times.

h. All work to local codes and regulations

i. Workmanship and Materials:

i. The electrostatic contractor shall provide all labor, materials and mobile electrostatic paint spraying equipment necessary to refinish metal substrates at the designated indoor locations.

ii. The electrostatic paint spraying system shall be a commercially available integrated system. The final finish will be smooth, free of any orange peel. Flaking, solids, runs, sags, bubbles, pits, wrinkles, or any other defects. The final finish will have a semi-gloss appearance that registers a reading of 40% to 60% on a Gardner 660-degree gloss meter.

j. Material Specification:

i. The paint will be a high-performance electrostatic coating specified to meet the unique needs of the project.

ii. Use all materials as recommended by paint manufacture.

iii. Paint should be Accessa paint or equal. Final approval will be by the District Project Representative.

iv. Colors will be determined by the District.

k. Surface preparation:

i. All surfaces to be refinished will be prepared in accordance with the following guidelines:

i. Accumulated polish or wax, tape, stickers, and other materials must be removed.

ii. All surfaces will be prepared by etching the surface prior to painting by the standard of Hand Tool Cleaning method of preparing metal surfaces by the use of non-powered tools.

iii. Remove all loose or chipping paint and rust.

iv. The edges of the remaining paint should be feathered to give the refinished surfaces a reasonably smooth appearance.

v. If powered sanding tools are used, any upholstered areas, laminated work surfaces, etc., must be masked off to prevent overspray accumulation.

vi. All exterior surface mount handles, locks, locker numbers, knobs or any surface not to be finished will be masked utilizing masking tape, ensuring that no paint will be applied to those surfaces.

l. Surface refinishing

i. Adequate drop cloths or protective paper must be placed in the preparation and spraying areas to prevent overspray on the floor and adjacent areas.

Electro-Static Painting and Refinishing

ii. The painted areas must be dry to touch before masking is removed.

iii. All surfaces should be coated to yield a dry film thickness of 1.5 to 2 mils.

iv. All items refinished or removed should be back in the same location and condition as received.

v. Clean up shall be thorough including any overspray.

vi. All debris to be disposed of offsite.

6. PROJECT PROCEDURES

During the contract period there will be an annual Electrostatic Painting Work Project across the District.

All other work will be on an as needed basis. The District Representative, or Designee, will follow these procedures to release Work Projects.

a. Quote. Contractor shall be required to prepare and submit a written quotation for each project (see Attachments for the Project Pricing Schedule and Sample Quote Form)

i. The District Representative will provide a project scope to the Contractor.

ii. The Contractor shall apply the Pricing proposed herein to complete the quote price schedule (see sample provided in Attachments) and/or current BOLI/PWR, if the project is a Public Work, see 3.b. below.

iii. Specific project quotes must remain firm for thirty (30) days from acceptance by the District.

b. Project Total Value that exceeds:

i. $50,000 - BOLI/PWR REQUIREMENTS. All contractors and subcontractors will abide by the current determination of the BOLI/PWR minimum wage rates as scheduled and published for this region by the U.S. Department of Labor and the Oregon Department of Labor and will abide by all amendments, decisions, and related regulations of these agencies. Specifically:

ii. The Contractor is required to pay workers prevailing wage rates for the Region #2.

iii. The Contractor is NO LONGER required to pay BOLI fees based on each project under this contract. The District is responsible for paying the fees directly to BOLI; the Contractor will take these fees out of their calculations when providing a quote.

A. If the Contractor fails to pay for labor and services the District can pay and shall withhold these amounts from payments to the Contractor. OAR 839-016-0020(1) (a).

B. The Contractor is required to pay weekly, holidays (including weekends) and daily overtime as required. OAR 839-016-0020(1) (b).

iv. $100,000 - FIRST TIER DISCLOSURE. The Contractor must submit a First-Tier Subcontractor Disclosure Form for each project that exceeds $100,000. A blank form will be provided by the District.

c. Notice to proceed. The District will provide the selected Contractor a notice to proceed in the following form:

i. The Contractor will be issued a Project Work Authorization (PWA) (See Attachments for sample)

ii. The PWA will be e-mailed.

d. Scheduling of Work. Contractor shall cooperate with School Representative in performing work so that interference with normal programs will be held to a minimum.

i. Summer work will be scheduled during the summer break, typically starting the third week in June through the third week of August. Winter work will be scheduled during

Electro-Static Painting and Refinishing the Winter Break the last two weeks of December. Spring work will be scheduled during the spring break the last week of March.

ii. Normal non-student day work will be scheduled Monday to Friday, 7:00 AM to 3:30 PM.

Any work done outside of that time will need to be prearranged one week in advance.

iii. Normal work schedule when students are in session is between 3:30 PM and 11:00 PM.

All work done during student hours will have to be prearranged in advance.

7. TIMING/RATES

No premium shall be paid for work performed after regular business hours (7:00 AM – 3:30 PM), specifically evenings and Saturdays; Except for work pursuant to ‘hours of labor – ORS 279C.520’. The Contractor is expected to adjust its worker schedules to accomplish the work around a particular site’s schedule so that no premium time will be paid. For example, the Contractor may be required to schedule workers to begin work on a project at a school when no students are present - starting at 3:30 PM and stopping work for the day at 11:00 PM; the workers on this project will be paid regular rates for this time, as if it were their regular work-day.

8. CONTRACTOR RESPONSIBILITIES:

a. Meet or exceed District Technical Standards.

b. Contractor must furnish and assume full responsibility for everything required for the orderly progress, proper execution, and completion of the Work, including, but not limited to, materials, equipment, labor and subcontractors, transportation, construction equipment and machinery, tools, and other facilities and incidentals.

c. Contractor is responsible for the disposal of all garbage, and rubbish offsite.

i. The disposal of hazardous waste must conform to applicable Federal, State, and jurisdictions having authority regulations.

ii. All empty paint containers must be allowed to air dry prior to disposal to prevent flash fires.

d. 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.

9. DISTRICT TECHNICAL STANDARDS:

The District has established, and the Contract must adhere to the following District standards for electro-static painting and refinishing which can be found at the following link:

https://www.beaverton.k12.or.us/departments/facilities-development/technical-standards

10. PERFORMANCE/PAYMENT/RETENTION 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.

During the contract period, there will be annual electro-static painting and refinishing projects every summer, with other work on an as needed basis. No Work may begin until a fully executed Project Work Authorization (PWA) is issued by Procurement and Contracting.

11. COST REDUCTION:

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

https://www.beaverton.k12.or.us/departments/facilities-development/technical-standards

Electro-Static Painting and Refinishing

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

12. TRAVEL TIME & MILEAGE:

All labor shall be billed from the time Contractor’s employee arrives at the Work Project job site; to the time he departs the job site. The District shall not accept nor authorize payment for travel time or mileage expenses of service personnel to any of the District’s sites. The only billable time shall be for service work performed.

13. ADDITIONAL REQUIREMENTS:

a. Background Checks. All personnel on-site will be required to be badged and must be subject 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 (MWSDVE) as service providers in delivering services necessary to implement our bond program. The District aspires to a goal of fifteen (15) percent MWSDVE 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.

SECTION III – INSTRUCTIONS TO PROPOSERS

1. FORMAL SELECTION PROCEDURE: Pursuant to OAR 137-047-0260 The District may procure Goods or Services by competitive sealed Proposals as set forth in ORS 279B.060.

2. PRE-PROPOSAL CONFERENCE: Pursuant to OAR 137-047-0420

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. If the District’s Pre-Proposal conference is mandatory (as indicated on the

Summary Page) a Proposal submitted by a Proposer who did not attend the mandatory pre-Proposal conference will be rejected.

c. Statements Not Binding. Statements made by the District's representative at the Pre-Proposal conference do not change the Solicitation Document unless the District confirms such statements with a Written Addendum.

3. PROPOSALS ARE OFFERS: Pursuant to OAR 137-047-0310 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 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. PROPOSAL PREPARATION: Pursuant to OAR 137-047-0400 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.

5. PROPOSAL SUBMISSION: Pursuant to OAR 137-047-0410

a. To ensure proper identification and handling, Proposals must be submitted appropriately marked with the Proposer’s name and the Solicitation number clearly legible in large block numbers. Proposals must emailed to contracts@beaverton.k12.or.us. Facsimile and hard copy Proposals will not be accepted.

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.

6. COOPERATIVE PROCUREMENT: Pursuant to OAR 137-046-0430 This Solicitation is a Permissive Cooperative Procurement.

Electro-Static Painting and Refinishing

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.

7. ADDENDA: Pursuant to OAR 137-047-0430

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 137-047-0730, by the close of the District's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-047-0730, whichever date is later. If the date established in the previous sentence falls after the deadline for receiving protests to the Solicitation Document in accordance with OAR 137-047-0730, then the District may consider a Proposer’s request for change or protest to the Addendum only, and the District will not consider a request for change or protest to matters not added or modified by the Addendum.

8. QUESTIONS/CLARIFICATIONS/CHANGES AND SOLICITATION PROTEST:

Proposers may request changes or clarifications to, or protest, any provision, specification or Contract term contained in this Solicitation:

a. Questions, Clarifications, Changes. All questions regarding this Solicitation must reference the

Solicitation number and must be submitted in writing via e-mail to the attention of the person indicated on the Summary page of this Solicitation. No oral questions will be accepted other than at the pre- Proposal conference (if any). Questions received by the District prior to deadline will be answered in written addenda.

b. Protest. Pursuant to OAR 137-047-0730, a prospective Proposer may protest the Procurement Process or the Solicitation Document for a Contract solicited under ORS 279B.060 as set forth in ORS 279B.405.

Written protests must include:

i. A detailed statement of the legal and factual grounds for the change, clarification, or protest;

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

iii. A statement of the form of relief requested or any proposed changes to the Solicitation provisions, specifications, or contract terms and conditions.

Electro-Static Painting and Refinishing

Written protests must be clearly marked with the Solicitation number and submitted in writing to the Purchasing Manager by email to contracts@beaverton.k12.or.us, hand delivered or mailed to the attention of Purchasing at 16550 SW Merlo Rd, Beaverton, OR 97003.

c. Deadline. Questions, changes, clarifications, or protests must be received by the District by noon Pacific Time not later than ten (10) calendar days prior to the date Proposals are due, or as stated in Section I SOLICITATION SCHEDULE. The District will not consider any protest or request for change that is submitted after the submission deadline.

d. Response. Responses to questions/clarifications and notice of the District’s protest determination will be provided in written addenda pursuant to ADDENDA above. The District’s response 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 written Addendum.

e. Protesters must exhaust all administrative remedies before seeking judicial review.

9. PRE-CLOSING MODIFICATION OR WITHDRAWAL OF PROPOSALS: Pursuant to OAR 137-47-0440 A Proposer may modify or withdraw its Proposal in Writing only prior to Closing. Modification or withdrawal must:

a. Be clearly marked “Proposal Modification” or “Proposal Withdrawal” and marked and delivered as described in PROPOSAL SUBMISSION above;

b. Include the Proposer's statement that the modification amends and supersedes the prior Proposal;

Proposers are responsible for ensuring that the District receives its modification or withdrawal.

Modifications and/or withdrawals must be prepared and submitted on the Proposer's letterhead, signed by an authorized representative of the Proposer.

10. RECEIPT, OPENING, AND RECORDING OF PROPOSALS: Pursuant to OAR 137-47-0450

a. The District will electronically time-stamp each Proposal and any modification upon receipt.

b. The District will not be responsible for the premature opening or failure to open a Proposal that is not properly addressed and/or identified.

c. Proposals will be opened and recorded. The number of Proposals received, the identity of Proposers, or 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.

11. LATE PROPOSALS, LATE WITHDRAWALS, AND LATE MODIFICATIONS: Pursuant to OAR 137-47-0460 Any Proposal received after Closing is late. A Proposer’s request for withdrawal or modification of a Proposal received after Closing is late. The District will not consider late Proposals, withdrawals or modifications except as permitted in MISTAKES below. The District reserves the right to consider Proposals that have been delayed or mishandled by the District.

12. MISTAKES: Pursuant to OAR 137-47-0470 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. The District will not allow a Proposer to correct or withdraw a Proposal for an error in judgment. If mistakes in a Proposal are discovered after Opening, but before Award of the Contract, the District may take the following action:

a. The District may waive, or permit a Proposer to correct, a minor informality. A minor informality is a matter of form rather than of 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.

b. 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.

Electro-Static Painting and Refinishing

c. The District may permit a Proposer to withdraw a Proposal based on one or more clerical errors in the Proposal only in accordance with OAR 137-47-0470(2)(c) and (d).

d. The District will 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 accompanying the Proposal.

13. AWARD: Pursuant to OAR 137-47-0600

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

b. If awarded, the District will award a Master Trade Services Contract to the 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 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 Pursuant to OAR 137-046-0300.

14. NOTICE OF INTENT TO AWARD: Pursuant to OAR 137-047-0610 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, or

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

15. PROPOSAL REJECTION. Pursuant to OAR 137-047-0640 and OAR 137-047-0650

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.

Electro-Static Painting and Refinishing

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.

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.

16. SOLICITATION CANCELLATION: Pursuant to OAR 137-047-0660 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.

17. PROPOSAL COSTS:

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

18. CONTRACT AWARD PROTEST: Pursuant to OAR 137-047-0740

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, or hand delivered or mailed to 16550 SW Merlo Rd, Beaverton, OR 97003. 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. 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).

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

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

g. 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.

19. ADDITIONAL REQUIREMENTS:

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

Electro-Static Painting and Refinishing

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 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.

20. 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.

a. The District will not disclose records submitted by a Proposer that are exempt from disclosure under the

Public Records Law, subject to the following procedures and limitations.

i. All pages containing the records exempt from disclosure must be marked “confidential” and segregated in the following manner:

A. It must be clearly marked in bold and on each page of the confidential document.

B. It must be kept separate from the other Proposal documents in a separate envelope or package and electronic folder.

C. Where this specification conflicts with other formatting and response instruction specifications, this specification will prevail.

D. Where such conflict (in C. above) occurs, the Proposer is instructed to respond with the following: “Refer to confidential information enclosed.” This statement “Refer to confidential information enclosed.” must be inserted in the place where the requested information was to have been placed.

b. Proposers who desire that additional information be treated as confidential must mark those pages as “confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. The entire Proposal must not be marked confidential. Should a Proposal be submitted in this manner, no portion of it will be held as confidential unless that portion is segregated in the above manner and meets the above criteria.

c. Notwithstanding the above procedures, the District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the District will notify the Proposer. If the Proposer disagrees with the District decision, the District may, but is not required to, enter into an agreement not to disclose the information so long as the Proposer bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals, necessary to defend or support a no-disclosure decision.

SECTION IV – PUBLIC WORKS REQUIREMENTS

Electro-Static Painting and Refinishing

1. PUBLIC WORKS REQUIREMENTS:

This solicitation will result in a Contract 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). No Proposal will be received or considered by the District unless the Proposal contains a statement by the Proposer, as a part of its Proposal, 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 Proposer Certification).

2. REGISTRATION REQUIREMENTS:

Proposers shall be currently registered with the Construction Contractors Board as required by ORS 701.021, or licensed by the State 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 Proposal submittal. All Subcontractors participating in the project shall 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. Pursuant to ORS 279C.800 to 279C.870:

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 Department of Labor and will abide by all amendments, decisions, and related regulations of these agencies. Specifically:

a. The Contractor is required to pay workers prevailing wage rates for Region #2.

b. If the Contractor fails to pay for labor and services, the District can pay and shall 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. For this contract, the ‘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 effective as of the date that each Contract awarded hereunder becomes a Public Works Contract (e.g., with execution of an early work or Design-Build Amendment, etc.). The rates may be found at the following web site:

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.

a. Performance, Payment and Retention Bonds.

i. Pursuant to ORS 279C.380, the Contractor shall furnish performance, payment and retention bonds upon execution of an amendment establishing the guaranteed maximum price. The Contractor shall also provide bonds equal to the value of construction services authorized by any early work amendment in advance of the guaranteed maximum price amendment. Such bonds must be provided before construction starts.

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

iii. Bonds must be furnished by a surety company authorized to do business in Oregon and in an amount equal to the full Contract Price. The bonding company shall be listed on the most current US Government Treasury list, Department Circular 570 or as approved by the District. The cost of the Bonds shall be included in the Contract Sum. The form of the Performance and Payment Bonds shall be the AIA A312 or as approved by the District.

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

Electro-Static Painting and Refinishing

b. Public Works Bond.

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 provided to the District prior to Contract signing, after the award of this solicitation.

ii. General Contractors are required to verify that subcontractors have filed a public works bond before permitting a subcontractor to start work on a project.

iii. ORS 279C.836 provides exemptions from the bond requirements for certified disadvantaged, minority, women, service-disabled veteran owned or emerging small business enterprises. It is the Contractor’s responsibility to notify the District if an exemption applies to the Contractor.

iv. The Public Works Bond must be furnished by a surety company authorized to do business in Oregon.

c. Bid Bond. No bid bond is required for this solicitation.

d. Time for Submission. The apparent successful Proposer must promptly furnish the required performance security upon the District's request. If the Proposer fails to furnish the security as requested, the District may reject the Proposal and award the Contract to the Responsible Proposer with the next highest-scoring Responsive Proposal.

5. SUBSTITUTE CONTRACTOR. If the Contractor provided a performance bond, the District may afford the Contractor's surety the opportunity to provide a substitute Contractor to complete performance of the Contract. A substitute Contractor must perform all remaining contract Work and comply with all terms and conditions of the Contract, including the provisions of the performance bond and the payment bond. Such substitute performance does not involve the Award of a new Contract and shall not be subject to the competitive procurement provisions of ORS Chapter 279C.

6. FOREIGN CONTRACTOR. If the Contract Price exceeds $10,000 and the Contractor is a Foreign Contractor, the Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue, the Contract Price, terms of payment, contract duration and such other information as the Department of Revenue may require before final payment can be made on the Contract. A copy of the report must be forwarded to the District. The District shall satisfy itself that the above requirements have been complied with before it issues final payment on the Contract.

7. CERTIFIED PAYROLL WITHHOLDING:

a. If a prime contractor does not file certified payroll as required (at least once per month), the District shall withhold 25% of amounts due to the prime contractor, in addition to any other required Retainage.

b. If a first-tier subcontractor does not file certified payroll reports as required, the prime contractor must withhold 25% of amounts due the first-tier subcontractor.

c. Once certified payroll reports are submitted, the District or prime contractor are to pay amounts withheld within 14 days.

d. Neither the District nor the prime contractor is required to verify the accuracy of the contents of the certified payroll reports.

Electro-Static Painting and Refinishing

8. DRUG TESTING REQUIREMENTS:

ORS 279C.505(2) requires that all public improvement contracts contain a provision requiring contractors to demonstrate that an employee drug-testing program is in place. Proposers are therefore required to certify that they have an employee drug-testing program in place that applies to all employees, and will maintain a drug-testing program at all times during the performance of the awarded Contract. Failure to maintain a program shall constitute a material breach of contract. The use of drugs, alcohol, or any tobacco products is prohibited on all District property.

9. OTHER TERMS AND CONDITIONS:

The Contractor must understand and agree to comply with the following:

a. Provide prompt payment to all Persons supplying labor or material for the performance of the work; Pay all contributions or amounts due the Industrial Accident Fund; Not permit any lien or claim to be filed or prosecuted against the District; and Pay to the Department of Revenue all sums withheld from employees

(ORS 279C.505(1));

b. Demonstrate that an employee drug testing program is in place and maintained (ORS 279C.505(2));

c. If the Contract calls for demolition Work described in ORS 279C.510(1), the Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective;

d. If the Contract calls for lawn or landscape maintenance, the Contractor is required to compost or mulch yard waste material at an approved site, if feasible and cost effective (ORS 279C.510(2);

e. If the Contractor fails, neglects or refuses to pay promptly a person’s claim for labor or services provided to the Contractor or a subcontractor,…