RFP 25-0015 On-Call HVAC Services.pdf

REQUEST FOR PROPOSALS

Solicitation No: 25-0015

For the Provision of

On-Call HVAC Services

RFP Closing (Due Date & Time):

April 14, 2026 at 2:00 PM Pacific Time

Issued by:

Beaverton School District 48J 1260 NW Waterhouse Ave Beaverton, Oregon 97006

March 13, 2026

Business Services Procurement and Contracting

1260 NW Waterhouse Ave Beaverton, OR 97006

REQUEST FOR PROPOSAL (RFP)

Solicitation No: RFP 25-0015

Summary

The purpose of this Request for Proposals (Solicitation) is to obtain competitive Proposals from qualified Proposers interested in the provision of On-Call HVAC Services.

A Mandatory Pre-Proposal: A pre-proposal meeting for this solicitation will be held at 11:00 AM (PST) on Thursday, March 30, 2026. The meeting will be conducted virtually via Microsoft Teams, and attendance is optional.

Proposers wishing to attend must RSVP by emailing Contracts@beaverton.k12.or.us no later than 24 hours prior to the meeting. A Microsoft Teams link, along with instructions for remote participation, will be sent to all proposers who RSVP.

The purpose of this meeting is to clarify information in the Request for Proposal, and provide an opportunity for proposers to ask questions regarding BSD’s solicitation requirements and process.

Interested Proposers must submit a Proposal pursuant to the provisions of this Solicitation through the OregonBuys system NOT LATER THAN:

SOLICITATION DUE DATE AND TIME (CLOSING):

April 14, 2026 at 2:00 PM Pacific Time

No public opening will occur. Proposals will be opened and recorded. 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 and to submit proposals.

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.

This Solicitation is issued pursuant to ORS 279A, ORS 279C and the Oregon Attorney General Model Rules

Division 48.

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

SECTION I – INTRODUCTION

RFP 25-0015

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”, “Provider”, 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 4,000 employees. The District is responsible for educating approximately 36,000 students in kindergarten through grade 12 at thirty-four (34) Elementary Schools, eight (8) Middle Schools, six (6) High Schools, and five (5) Options Schools.

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:

This Solicitation is for 24/7 HVAC/R Mechanical Systems service. See Section II and applicable attachments for additional details.

6. CONTRACT:

The successful Proposer(s), selected by the District, will receive a Master Trade Services Contract. A sample is enclosed herein (see SECTION H - 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.

Individual Task Orders (TO) 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 I – INTRODUCTION

On-Call HVAC Services

RFP 25-0015

8. CONTRACT PERIOD/EXTENSION:

a. Selected Proposer will be issued a Contract effective July 1, 2026, through June 30, 2028.

b. Should the District elect to extend the Contract for an additional one (1) year term, the District will endeavor to 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 three (3) one (1) year terms. In no event will the contract be extended beyond June 30, 2031.

d. The Supplier's Pricing and Rates must remain firm through June 30, 2028 and through June 30 of each contract period, 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 Earl Harper, 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 Issue Solicitation Pre-Proposal Conference Date and Time Deadline for Questions Closing Date and Time Interviews (if required) Anticipated Notice of Intent to Award** Anticipated Contract Award**

Date/Time* March 13, 2026 March 30, 2026, 11:00 AM PST April 6, 2026 April 14, 2026, 2:00 PM PST The week of May 4, 2026 May 11, 2026 on or about July 1, 2026

* All times provided are Pacific Standard Time ** May be later depending on interviews, reference checks, or other unknown factors in evaluation process

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 II – STATEMENT OF WORK

On-Call HVAC Services

1. PURPOSE AND INTRODUCTION:

Beaverton School District is seeking a multi-year contract with multiple Mechanical Contractors to assist district staff with design, installation, replacement, scheduled maintenance, and repair of the district’s HVAC/R Mechanical Systems. In cooperation with the Beaverton School District Maintenance Services, selected contractors will be asked to develop a scheduled maintenance plan for select equipment.

2. MINIMUM REQUIREMENTS:

1. Contractor will be required to have a minimum of 15 Journey level staff with skillsets in mechanical systems, including but not limited to, pumping systems, boilers, water- and air-cooled chillers, heating and chilled water distribution systems, refrigeration systems, walk-in coolers/freezers, air handlers, natural gas heating, steam systems, dual fuel boilers, controls operations.

2. Contractor has either internal mechanical engineering or design services or be able to sub-contract these services upon request of the Beaverton School District.

3. 24/7 Emergency Service is offered as a part of the contractors normal operations.

3. DESCRIPTION OF SERVICES

a. The Mechanical services requested include but are not limited to the following.

1. 24/7 HVAC/R & mechanical repair and support services

2. Air-cooled and water-cooled chiller and cooling tower service and preventative maintenance

3. Variable Refrigerant Volume (VRV)/Variable Refrigerant Flow (VRF) system service and preventative maintenance

4. Data room AC service and preventative maintenance

5. Boiler service and preventative maintenance

6. Sheet metal (HVAC)

7. Electrical work associated with HVAC/R systems

8. Tenant Improvements (HVAC)

9. Insulation (HVAC, plumbing systems)

10. Air/water Balancing and building re-commissioning

11. Refrigerant Management/ Equipment phase out

12. Equipment Life Cycle Analysis

13. Any additional service which may assist Beaverton School District Maintenance Services

14. All repairs to systems will be done on a time and material basis upon approval of Beaverton School

District Maintenance Services.

15. Work performed by contractor shall be monitored, reviewed and subject to acceptance by a

Maintenance Services representative.

16. If work to be performed requires special equipment by the contractor, with prior approval of the

Maintenance Services representative or designee, may bill for rental equipment or use of their own special equipment.

17. Contractor must schedule all non-emergency work at least twenty-four (24) hours in advance.

18. The contractor shall clean the work site each day and upon completion of the project, remove all debris from the premises. The work site shall be left in a condition comparable or better with that at the beginning of the project. Contractor must adhere to safety and security protocols in all Beaverton School District sites.

19. Contractor shall furnish all labor, materials, permits, equipment, tools and all other items necessary for and incidental to provide pneumatic air and related HVAC equipment repair and maintenance services on an as needed basis at various Beaverton School District facilities and campuses where HVAC equipment is maintained.

SECTION II – STATEMENT OF WORK

Solicitation No: RFP 20-0015

20. Contractor shall furnish all labor, materials, permits, equipment, tools and all other items necessary for and incidental to executing and completing quarterly, annual and call back service and maintenance on District Boilers, Chillers, Cooling Towers, Air Handlers, VRV/VRF, and Data Room AC systems in accordance with the manufacture's requirements and recommendations.

21. Beaverton School District has significant numbers of aging equipment from many different manufacturers. Selected contractors will be asked to provide service on any given piece of equipment.

22. Preventative Maintenance Boilers, Chillers, Towers, VRV/VRF, and Computer Room AC systems

b. Desired Response Times:

1. Call-Back: Within 30 minutes

2. Emergency Service: Two (2) hours or less

3. Priority Service: Four (4) hours or less

4. Non-Critical Service: Same or next day

5. Low-Priority Service: No more than 5 business days

4. CONTRACTOR RESPONSIBILITIES:

It is understood that the specifications and other contract documents do not purport to control the means or method of performing the work, but only the requirements as to the nature of the completed work. The contractor assumes the entire responsibility for the means or method of performing the work. Suggestions as to the means or method included in the contract documents shall be deemed advisory only and the feasibility of such methods, or the lack thereof, shall not affect the contractor’s liability, or status as independent contractor, and contractor will remain responsible for the cost of all permits unless otherwise specified.

5. 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. 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.

6. INTRODUCTION:

This section prescribes the mandatory format for the presentation of a Proposal in response to this Solicitation. The purpose of this format is to ensure uniformity of the information from each Proposer and to aid in clear understanding and evaluation of each Proposal. Failure to provide any information requested in this Solicitation may result in rejection of the Proposal.

7. PROPOSAL CONTENT REQUIREMENTS:

a. Proposers must present a Proposal containing the specific information requested and submit all attachments as required on the Proposal Submission Checklist.

b. Proposers are cautioned to provide in their Proposals, in a brief and concise manner, as much detail as possible pertaining to their capabilities and experience in providing the services requested in this Solicitation. Do not assume the District has any prior knowledge of the Proposer.

SECTION III – INSTRUCTIONS TO PROPOSERS

On-Call HVAC Services

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 submitted through the OregonBuys system. The District may, at it’s sole discretion, accept Proposals by email at contracts@beaverton.k12.or.us. For example, the District may find email submission acceptable in the event of technical problems with the OregonBuys system. 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. 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.

7. 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.

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 1260 NW Waterhouse Avenue, Beaverton, OR 97007.

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.

8. 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.

9. 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.

10. 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.

11. 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.

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.

12. 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.

13. 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.

14. 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.

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.

15. 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.

16. PROPOSAL COSTS:

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

17. 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.

18. 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 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.

19. 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 – RESPONSE AND EVALUATION

1. INTRODUCTION:

This section prescribes the mandatory format for the presentation of a Proposal in response to this Solicitation. The purpose of this format is to ensure uniformity of the information from each Proposer and to aid in clear understanding and evaluation of each Proposal. Failure to provide any information requested in this Solicitation may result in rejection of the Proposal.

2. PAGE LIMIT AND PROPOSAL FORMAT:

A Proposer’s submitted Proposal:

a. Should be submitted in searchable MS Word/pdf format throught the OregonBuys system.. Elaborate artwork and visuals are not necessary. Any MS Excel attachments may be submitted in MS Excel format. Brochures or other promotional presentations beyond that sufficient to present a complete and effective Proposal are not desired.

b. The Proposer’s response is limited is 25 digital pages. This page limit is limited to the Proposer’s response to the detailed proposal content requirements found in Section A below, unless items required thereunder are excepted from the page limit (e.g., insurance forms). The page limit does does not include Attachments A through F. If a Proposal exceeds the forgoing page limit, District purchasing staff will remove pages from the proposal (starting from the back of the Proposal) until the 25-page limit has been reached and distribute the resulting Proposal to the committee for evaluation. Exceeding the page limit may cause a Proposal to be found non-responsive to the Solicitation.

c. Proposal should be organized in the order items appear in the below item number 3. PROPOSAL

CONTENT REQUIREMENTS.

3. PROPOSAL CONTENT REQUIREMENTS:

d. Proposers must present a Proposal containing the specific information requested and submit all attachments as required on the Proposal Submission Checklist.

e. Proposers are cautioned to provide in their Proposals, in a brief and concise manner, as much detail as possible pertaining to their capabilities and experience in providing the services requested in this Solicitation. Do not assume the District has any prior knowledge of the Proposer.

f. REQUIRED AFFIDAVIT, CERTIFICATIONS AND FORMS: See SECTION V – ATTACHMENTS, PROPOSAL

SUBMISSION CHECKLIST.

g. DETAILED PROPOSAL CONTENT REQUIREMENTS:

i. MINIMUM REQUIREMENTS.

A. Provide a written affirmation that the Proposal meets the minimum requirements for this RFP outlined below. Prior to Contract award, the District may request clarification or additional documentation to validate that all minimum requirements are met.

(i) Contractor will be required to have a minimum of 15 Journey level staff with skillsets in mechanical systems, including but not limited to, pumping systems, boilers, water- and air-cooled chillers, heating and chilled water distribution systems, refrigeration systems, walk-in coolers/freezers, air handlers, natural gas heating, steam systems, dual fuel boilers, controls operations.

(ii) Contractor has either internal mechanical engineering or design services or be able to sub-contract these services upon request of the Beaverton School District.

(iii) 24/7 Emergency Service.

ii. EXPERIENCE AND QUALIFICATIONS.

A. Provide a brief narrative of the Proposer’s history and capabilities.

B. Provide a description of the Proposer’s experience in HVAC Services for a large, multi-location client.

C. State the number of years Proposer has provided HVAC Services.

iii. STAFFING AND KEY PERSONNEL.

A. Provide a company organization chart showing the proposed staffing approach for this account.

B. Provide a description of staffing levels.

C. Provide details of the Proposer’s standards for staff training.

iv. APPROACH AND OPERATIONS.

A. Describe in detail how the services will be provided. Address each item in SECTION II –

STATEMENT OF WORK. Focus on the Proposer’s ability to perform all of the required tasks.

Include policy and procedural manuals if available.

B. Describe in detail your Firm’s methodology for evaluating and prioritizing the District’s requests, outlining the criteria used, the workflow followed, how resources are assigned, and how status updates and timelines are communicated.

v. REFERENCES.

A. Provide five (5) professional references from projects similar to the scope of this Solicitation, and from accounts of similar size and complexity. K-12 school district references shall be preferred. Use of the provided Proposer Reference Form (see SECTION V – ATTACHMENTS) is required.

1. Provide the name, telephone number, and email address of the client for each of these five

(5) references. These contacts will be used by the District for reference checks.

vi. PRICE SCHEDULE.

A. Use of the provided Price Schedule (see SECTION V – ATTACHMENTS), is required. Additional notes may be made at the bottom of the schedule by the Proposer if necessary. Up to two additional pages may be attached to the price schedule for notes, if necessary. These additional pages will not be considered in the page limit for this RFP.

B. The evaluation committee will score price proposals using evaluator judgement to determine which price proposal is most advantageous to the District.

2. EVALUATION CRITERIA:

The District will score each Proposal by reviewing and evaluating the Proposal content requirements outlined above. The following table indicates how the total points in the scoring will be assigned by required Proposal item. Failure to meet minimum requirements for any individual item may disqualify the Proposal regardless of the total points scored for the other items. Each item will be evaluated as follows:

EVALUATION CRITERIA MATRIX Maximum Points Possible

i. Minimum Requirements Pass / Fail

ii. Experience and Qualifications 10

iii. Staffing and Key Personnel 15

iv. Approach and Operations 30

v. References 20

vi. Price Schedule 25

PROPOSAL CONTENT SUB-TOTAL 100

INTERVIEW – (If Required)

5. Interview 20

INTERVIEW SUB-TOTAL 20

COMBINED TOTAL 120

3. INTERVIEWS: (if conducted)

a. The evaluation committee may elect to interview Proposers if the evaluation committee considers it necessary or desirable. The top ranked Proposers may be invited to interview. If the evaluation committee conducts interviews, the interview process will be used to supplement and clarify the information contained in the proposal.

b. Based upon proposal scoring, as modified by the interview, and the results of reference checks, the Proposers will be given final ranking by the evaluation committee. The final ranking will be provided to the District for a final decision to award a contract.

c. Particular details about the interviews will be issued to those firms invited to interview.

d. The District may request Proposer to provide a live demonstration of Proposer’s work order system.

e. Such interviews and any presentation materials will be at the Proposer’s expense.]

4. PROPOSAL EVALUATION:

a. RESPONSIVENESS AND RESPONSIBILITY: The District will utilize the following objective factors to determine if Proposals are Responsive and Proposers are Responsible:

i. RESPONSIBILITY OF PROPOSER (OAR 137-047-0500). Before awarding a Contract, the District shall determine that the Proposer submitting the most Advantageous Proposal is Responsible. The District shall use the standards set forth in ORS 279B.110 and OAR 137-047-0640(1)(c)(F) to determine if a Proposer is Responsible. In the event the District determines a Proposer is not Responsible, it shall prepare a written determination of non-Responsibility as required by ORS 279B.110 and shall reject the Proposal.

b. CONTINGENT PROPOSALS. 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.

c. NON RESIDENT PROPOSERS. In determining the most Advantageous Responsible Proposal, the District shall apply the reciprocal preference set forth in ORS 279A.120(2)(b) and OAR 137-046-0310.

d. IDENTICAL PROPOSALS. When one or more Proposals are identical under OAR 137-046-0300, the District shall award a Contract in accordance with the procedures set forth in OAR 137-046-0300.

e. RECYCLED MATERIALS. The District may give preference for Recycled Materials as set forth in ORS 279A.125 and OAR 137-046-0320.

f. CLARIFICATION OF PROPOSALS. After Opening, the District may conduct Discussions with apparent Responsive Proposer(s) for the purpose of clarification and to assure full understanding of the Proposal.

g. NEGOTIATION. The District may only conduct Discussions or Negotiate with Proposers. After Award of the Contract, the District may only modify an awarded Contract in accordance with OAR 137-047-0800.

h. OBJECTIVE CRITERIA. The District may allow, at its discretion, certain other objective evaluation criteria.

Examples of such criteria include but are not limited to conversion costs, transportation cost, volume weighing, trade-in allowances, cash discounts, depreciation allowances, cartage penalties, ownership or lifecycle cost formulas.

i. BEST AND FINAL OFFERS. The evaluation committee may, at its sole discretion, request a best and final offer (“BAFO”) from all Proposers in the competitive range at the time of the BAFO request.

5. EVALUATION COMMITTEE: The Proposals will be evaluated by the Evaluation Committee consisting of not less than three (3) knowledgeable individuals (Evaluators) to review and score Proposals according to the evaluation criteria set forth in this Solicitation. The District may assign certain Evaluators to evaluate specific Proposal categories in keeping with the Evaluators’ area of expertise. Working as a Committee or independently (at the discretion of the District) with copies of the written Proposals, the Evaluators will independently assign scores to each Proposal received in accordance with the evaluation criteria defined herein. Evaluators will utilize the criterion (as objectively as possible) to measure the merit of each Proposal received in accordance with the subjective evaluation criteria to determine which Proposals(s) will provide the District with the most advantageous and best overall value. The recommendations of this committee will be a consensus and will be final.

SECTION V – ATTACHMENTS

PROPOSAL SUBMISSION CHECKLIST

ALL CERTIFICATIONS, FORMS, AFFIDAVITS AND DETAILED PROPOSAL CONTENT REQUIREMENTS

AS SPECIFIED IN SECTION IV MUST BE INCLUDED IN PROPOSALS.

____ REQUIRED AFFIDAVIT, CERTIFICATIONS AND FORMS

The following certifications and forms must be completed and signed by the person authorized to represent the Proposer regarding all matters related to the Proposal and authorized to bind the Proposer to the agreement.

Failure to submit any of the required, completed and signed certifications/forms shall result in disqualification of the proposing firm.

___ PROPOSER CERTIFICATION. (Attachment A) This serves as the cover sheet for your Proposal.

___ INDEPENDENT CONTRACTOR CERTIFICATION. (Attachment B)

___ AFFADAVIT OF NON-COLLUSION / COMPLIANCE WITH TAX LAWS. (Attachment C)

___ NON-CONFLICT OF INTEREST CERTIFICATION. (Attachment D)

___ PROPOSER RESPONSIBILITY FORM – All Pages. (Attachment E)

___ PROPOSER REFERENCE FORMS – (Attachment F)

___ PRICE SCHEDULE – Both Pages. (Attachment G)

____ DETAILED PROPOSAL CONTENT REQUIREMENTS

Detailed Proposal Content Requirements are specified in SECTION IV – RESPONSE AND EVALUATION.

The following attachment(s) are NOT to be returned with the Proposal. The content of these attachment(s) must be reviewed by the Proposer. The terms and conditions are incorporated in this Solicitation and will apply to the Contract to be executed for the work.

ATTACHMENT H [Sample Contract] The Proposer is encouraged to use the following attachment to identify their Proposal, it is provided for the Proposer’s convenience, and is not required.

This checklist is provided for the Proposer’s convenience in assembling your Proposal and is NOT required to be returned with the Proposal.

ATTACHMENT A

PROPOSER CERTIFICATION

Legal Name of Proposer (Firm): ___

Physical Address: _____

Mailing Address: ___

The Proposer certifies and agrees:

1. The prices in this Proposal have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Proposer relating to: the intention to submit a Proposal, or the methods or factors used to calculate the prices Proposed.

2. The Proposer has read and understands all terms and conditions of this Solicitation.

3. The Proposer agrees to provide insurance as required in the sample Contract Terms and Conditions (see Attachments).

4. The Proposer has, or has available, the equipment, personnel, materials, equipment, facilities, and equipment as well as the technical and financial ability necessary to complete and execute all Work in a sound and suitable manner for the use specified and intended.

5. The Proposer agrees to execute the formal Contract within ten (10) days from date of Notice of Intent to Award.

6. The Proposer acknowledges that the person that signs this Certification is fully authorized to sign on behalf of the Proposer listed and to fully bind the Proposer to all conditions and provisions thereof.

7. The Proposer certifies that Proposer has complied or will comply with all requirements of local, state, and national laws, and that no legal requirement has been or will be violated in making or accepting this Proposal.

8. The Proposer, pursuant to ORS 279A.120 (1), (check one) is ____ / is not ____ a resident Proposer.

If not, indicate State of residency________________________.

9. The Proposer certifies that it has not discriminated and will not discriminate, in violation of ORS 279A.110, against any disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055 in obtaining any required subcontract.

10. The Proposer agrees to comply with Oregon tax laws in accordance with ORS 305.385.

11. The Proposer acknowledges receipt of the following addenda: (list by number and date appearing on addenda.)

Addendum Number Date Addendum Number Date

12. The Proposer (check one) ____ will / ____ will not extend the terms, conditions and prices to any Participating Agency that intends on establishing a Contract awarded to the Proposer resulting from this Solicitation.

Respectfully submitted this __________day of ________________________, 20_____.

Signature: __________________________________________

Printed Name: ______________________________________ Phone: __________________________________

Title: ______________________________________________ Fax: _____________________________________

Email Address: __________________________________________________________________

ATTACHMENT B

INDEPENDENT CONTRACTOR CERTIFICATION

Proposer: ___________________________________________________

Employer Identification Number: ________________________________

If Proposer signs Part A, the remainder of this Certification Statement does not need to be completed.

Part A. Proposer is a Corporation:

The Proposer/Firm is a corporation authorized to do business in the State of Oregon.

Proposer Signature: _________________________________________________Date: _____________________

Part B. Proposer is an Independent Contractor:

I, under penalties of perjury, certify that I am an independent contractor as defined in ORS 670.600 and that the following statements are true and correct:

1. I have filed Federal and State income tax returns in the name of my business or a business Schedule C as part of the personal income tax return, for the previous year, or expect to file federal and state income tax returns, for labor or services performed as an independent contractor in the previous year.

2. I will furnish the tools or equipment necessary for the contracted labor or services.

3. I have the authority to hire and fire employees who perform the labor or services.

4. I represent to the public that the labor or services are to be provided by my independently established business as four (4) or more of the following circumstances exist.

(Please check all that apply):

_____ A. The labor or services are primarily carried out at a location that is separate from my residence or is primarily carried out in a specific portion of my residence, which is set aside as the location of the business.

_____ B. Commercial advertising or business cards are purchased for the business, or I have a trade association membership with…