RFP 6.13.25.1 Garbage Food Waste and Recycling Hauling Services.pdf

School District 40 complies with provisions of the various civil rights laws, such as the Fair Employment Practices Act, Title IX Regulations, the Americans with Disabilities Act and section 504 of PL 92.112 in employment and educational programs and activities.

DAVID DOUGLAS SCHOOL DISTRICT

11300 NE HALSEY ST.

PORTLAND, OR 97220

(503) 261-8212

REQUEST FOR PROPOSALS

RFP Number 6.13.25.1

REQUEST FOR PROPOSAL FOR

GARBAGE, FOOD WASTE AND RECYCLING HAULING SERVICES

Proposal Due Date and Time

July 14, 2025 By 2:00 PM PST

Late proposals will not be accepted or considered.

In the event of District closures due to inclement weather, emergency, or any published event, solicitation closings will automatically be moved to the next business day.

Submit Written Proposals Electronically to:

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

Direct Questions to:

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

See the sequence of selection process events for deadline for questions

Pre-Qualification: ☐Required ☒Not Required

Pre-Proposal Meeting:

☐Mandatory ☒Not Required

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

This RFP is issued under the provisions of the Oregon Revised Statutes Chapters 279A, 279B, and public contracting rules. All proposers are charged with presumptive knowledge of the cited authorities. Submission of a valid proposal by any proposer shall constitute admission of such knowledge on the part of such proposer.

PROPOSERS ARE STRONGLY ENCOURAGED TO CAREFULLY

READ THE ENTIRE SOLICITATION.

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

6.13.25.1 Page 2 of 33

RFP TABLE OF CONTENTS

I. OVERVIEW OF RFP AND PROJECT REQUIREMENTS

II. CONDITIONS GOVERNING THE PROCUREMENT

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

III. PROPOSAL PREPARATION AND SUBMITTAL

A. Proposal Submission Requirements B. Proposal Content Requirements

IV. PROPOSAL EVALUATION

V. CONTRACT AND WORK PERFORMANCE

ATTACHMENTS:

Attachment A: Proposer Certification Form Attachment B: Site Information

Attachment C: Sample Contract Attachment D: Pricing Proposal Template

6.13.25.1 Page 3 of 33

OVERVIEW OF RFP AND PROJECT REQUIREMENTS

A. RFP OVERVIEW

A. PURPOSE OF RFP David Douglas School District (DDSD) is requesting competitive sealed proposals with the intent of entering into a contract with one firm able to provide Refuse, Garbage and Recycling Collection. All potential Proposers are to read, understand and accept the requirements of this Request for Proposals (RFP), especially the mandatory requirements.

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

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

B. DISTRICT

INFORMATION

David Douglas School District encompasses approximately 12 square miles in eastern Portland. The District provides PreK-12 educational services to approximately 8,700 students. The District maintains nine elementary schools, three middle schools, a high school, and an alternative high school. The District also has several administrative buildings as well as multiple locations throughout the Portland Metro Area providing Pre-kindergarten services. Work may be performed in any of these locations.

C. PROJECT FUNDING David Douglas School District has funds to administer the services requested under this RFP and will be referred to throughout the contract documents as the “Owner”.

D. MANDATORY

MEETING

Not Required.

E. BEHAVIORAL

POLICIES APPLY

TO

CONTRACTOR’S

PERSONNEL

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

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B. RFP PROJECT REQUIREMENTS

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

1. PROJECT

DESCRIPTION/

STATEMENT OF

WORK TO BE

PERFORMED

REFUSE AND GARBAGE COLLECTION

Contractor shall provide refuse removal, co-mingled recycling, glass recycling, composting, and hauling services (collectively the “Service(s)”) for District operated facilities. The sites to which the Contractor shall provide recurring Services are listed on Attachment B – Site Information (the “Sites”). The District may add and subtract sites and modify container size, quantity and pickup requirements at any time over the term of the contract. The District may request temporary Services at Construction sites, special clean-up projects, or residential sites where hauling service areas are unfranchised. The Contractor shall provide recycling solutions for “non-standard” items like Styrofoam, rigid plastics, plastic wrap and packaging materials, etc.

1. The Contractor shall and provide all labor, equipment apparatus, appliances, tools, transportation and permits as required to perform the Services. Contractor will procure all licenses, pay all charges and fees, and give all notices necessary and incidental to the lawful fulfillment of the Services to be provided.

2. All Services performed shall be to the highest industry standards for services of this type, done by those normally engaged in this type of business.

3. Contractor shall comply with all ordinances, codes, and laws of authorities having jurisdiction while performing the prescribed work, including but not limited to: safety, fire, storm water and containers in the right of way. Where requirements, codes or documents conflict, Contractor shall comply with those that are most stringent.

Compliance shall include, but not be limited to, the latest rules, regulations, amendments and supplements of following:

i Williams-Steiger Occupational Safety & Health Act of 1970, Public Law 92-596.

ii Rehabilitation Act of 1973.

iii Americans with Disabilities Act (ADA) of 1990.

4. Contractor shall maintain responsibility for all Service delivery means and methods.

5. Contractor shall be liable for damage resulting from negligence.

6. The Contractor will designate one representative to be the primary point of contact for all contract-related items and service delivery. A backup should be available at all times.

Materials serviced in the RFP include but are not limited to:

• Co-mingled recycling (paper, metal, and plastic).

• Glass recycling

• Yard debris composting

• Wood recycling

• Scrap metal recycling

6.13.25.1 Page 5 of 33

PROJECT

DESCRIPTION/

STATEMENT OF

WORK TO BE

PERFORMED

(CONTINUED)

• Garbage (Landfilling)

Additional materials may be added as such disposal and recycling options.

The District currently has 25 locations it expects the Contractor to provide services to; this number may fluctuate during the term of the contract.

Containers are the property of the Contractor and are to be supplied to the District.

COLLECTION REQUIREMENTS

1. Collection includes emptying recycling, composting and garbage containers.

2. The District expects exceptional service delivery. Every collection schedule must be met. When containers are full before a scheduled pickup date, the District may request an extra service at any Site for the next morning. Special requests must be responded to promptly.

Garbage and recycling are not allowed to accumulate in buildings. If garbage and recycling start to accumulate, the District expects the Contractor to dispose of it immediately.

3. Contractor shall clean up from the grounds any recyclables, compostables or garbage spilled during the transfer process while on Site. This shall be included in the cost of work.

4. Contractor shall provide special requests or extra pick-up service for any materials requested by the District within twenty-four (24) hours.

5. Contractor shall pickup, empty and return for service all Containers within two (2) hours. This requirement also applies to compactors and drop boxes.

6. Contractor shall perform in a manner that eliminates undue noise.

7. Drivers must operate vehicles with extreme caution.

8. The Contractor shall pick up refuse, garbage, debris, etc., from containers as specified in Attachment B. Container sizes, number of pickups per week and site information is also specified on Attachment B. Quantities and numbers of pickups per week are estimated and are subject to change by varying conditions.

9. Containers, as furnished, will be for use with front-end loader-type refuse vehicles only. (Bidder may verify details of containers prior to bidding.)

10. Contractors shall be required to have necessary equipment to empty containers without removing containers from the premises.

11. Contractor is to protect from damage all containers and any part of ground or buildings with which they come in contact.

12. Containers will be equipped with locking lids and padlocks. The Contractor will be responsible for securing lids after emptying. They

6.13.25.1 Page 6 of 33

DESCRIPTION/

STATEMENT OF

WORK TO BE

PERFORMED

(CONTINUED)

will also be responsible for relocking any barrier chains or gates that were necessary for him/her to unlock to empty containers.

13. Contractor to leave the premises clean of any spilled debris caused by emptying containers or hydraulic fluids.

14. A fully loaded container (6” from top) will have its weighted content determined by mutual agreement between Contactor and District after the award of the bid. This will be the basis for future billings.

15. It will be the responsibility of the Contractor who is awarded this bid to assist the District in standardizing the yard containers.

16. It will be necessary for the Contractor to alter the schedule with additional pickups for the month of June and decrease the pickups during school breaks (spring, winter and summer). The additional debris and refuse in June will be due to the closing of the school term and the decrease during the school breaks will be due to the lack of use of the buildings during those times.

17. Removal of building construction debris, general refuse, which might consist of, but not limited to bricks, cement, plaster, lumber, glass, grass clippings, leaves, etc., place in containers (ranging in sizes from 5-20 cubic yards) will be required of the contractor upon special request of the District, from any given location within the boundaries of David Douglas School District No. 40 or District locations outside the District.

18. Oversize container hauling will not be limited to the winning bidder.

If winning bidder is unable to provide additional large drop boxes, owner may call additional vendors.

CONTAINER REQUIREMENTS

1. Contractor shall furnish the recycling, composting and garbage roll carts, dumpsters, drop boxes and all other appropriate containers, to provide the Services, (the “containers”) in size and quantity listed in Attachment B – Site Information.

2. Contractor shall maintain the containers in a clean, sanitary and serviceable condition at all times. Contractor shall steam clean and sanitize as needed and upon request. Contractor shall monitor container condition and appearance, and provide immediate replacement of odorous, vandalized or damaged containers.

Replacement of defective, damaged, or unpleasant smelling containers may be requested once per year per site.

3. Contractor shall furnish all signage for provided containers. Signs should be clearly labeled, and include pictures on every Container.

4. The District will provide a master key for access to containers in gated areas.

6.13.25.1 Page 7 of 33

DESCRIPTION/

STATEMENT OF

WORK TO BE

PERFORMED

(CONTINUED)

RECYCLING AND COMPOSTING SERVICE

The District requires recycling and composting service for recycled materials (paper, plastic, and metal) and composted materials (food scraps and yard debris).

Contractor shall provide appropriately sized Containers, include fixed hinged covered dumpsters, cardboard cages, roll carts, “slim-lines”, and barrels as required.

1. Contractor shall review recycling opportunities and provide appropriate direction and Containers to facilitate recycling operations.

2. Contractor shall collect recyclable materials and carry out the appropriate separation and packaging services

3. Contractor shall collect recyclable materials and carry out the appropriate direction and Containers to facilitate recycling operations.

4. Contractor will track materials quantities and amounts collected by vendors purchasing the recycled materials.

Pick-up service will be regularly scheduled to keep Containers either from overflowing or being serviced less than ¾ full.

HOURS OF WORK

1. Contractor shall work with the District to determine mutually agreeable collection times for all recycling, composting, and garbage containers.

2. The Contractor may schedule collection Monday through Friday as is most efficient for the routes. However, a truck and driver must be available on the weekends and holidays for special pickups and emergencies.

MEETINGS

1. The Contract Administrator may request progress report meetings at any time, and meetings may be regularly scheduled. There should be an appropriate forum for discussing performance, cost, efficiency and progress toward goals.

2. Contractor shall schedule an annual review prior to the anniversary date of this contract to review successes and failures of resource management for refuse and recycling.

BILLING

It is required that the Contractor provide monthly invoices to the District in Microsoft Excel. The invoice for each month will indicate the actual volume of refuse removed from the containers for each pick up. For example, if a four (4) yard container is three (3) yards full at collection, the actual volume is recorded on the invoice. The monthly invoices may then serve as a monthly performance report as well.

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II. CONDITIONS GOVERNING THE PROCUREMENT

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

A. SEQUENCE OF SOLICITATION EVENTS

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

Event Responsible Party Date Location

1. Advertisement DDSD Procurement

June 13, 2025 Public Advertisement in DJC

2. RFP Made Available to Potential Proposers

DDSD

Procurement

June 13, 2025

2:00 PM

Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.x html.

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

DDSD

Procurement

Not Required David Douglas School District Administrative Offices 11300 NE Halsey St.

Portland, OR 97220

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

Potential Proposers

July 3, 2025

2:00 PM, PST

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

5. Release of Last Addendum Prior to Submission of Proposals

DDSD

Procurement

July 7, 2025

2:00 PM, PST

Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.x html.

6.

Submission of Price & Specifications

Proposers July 14, 2025

2:00 PM

Oregon Buys:

https://oregonbuys.gov/bso/view/login/login.x html.

7. Public Opening Proposers

DDSD

Procurement

Ten(10) minutes after the submission deadline

DDSD Business Office 11300 NE Halsey St.

Portland, OR 97220 Streamed on Google Meet:

https://meet.google.com/yaw-jrqn-xsx?hs=122&authuser=0

8. Proposal Evaluation Evaluation Committee

TBD DDSD Administrative Offices

9. Notice of Finalists (if interviews are held)

DDSD

Procurement

To be determined (only if needed)

10. Interviews of Finalists (if interviews are held)

Evaluation Committee

To be determined (only if needed)

David Douglas Administrative Offices 11300 NE Halsey St.

Portland, OR 97220

11. Notice of Intent to Award DDSD Procurement

1 Day following final Evaluation Committee Meeting

12. Deadline for Filing Protest of Award Proposer(s) Seven (7) calendar days from Issue date of Notice of Intent to Award

Protest must be filed by 4 p.m.

13. Contract Negotiations Completed Successful Proposer

TBD David Douglas Administrative Offices

14. DDSD Board Approval DDSD TBD DDSD Board Meeting

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

6.13.25.1 Page 9 of 33

B. EXPLANATION OF SELECTION PROCESS EVENTS

1. LEGAL PUBLICATION

DAVID DOUGLAS SCHOOL DISTRICT • 11300 NE HALSEY ST. • PORTLAND, OR 97220 • (503) 261-8212

RFP Number 6.13.25.1

REQUEST FOR PROPOSALS

David Douglas School District No. 40 Garbage, Food Waste and Recycling Hauling Services

Proposals due: 2:00 PM, July 14, 2025

PUBLISHED NOTICE

The David Douglas School District (the “District”) requests proposals from firms to provide Garbage, Food Waste and Recycling Hauling Services. The District is looking to hire one firm for a multiyear contract.

The District Business Office is the sole point of contact in the District for this selection process. All potential proposers are to read, understand, and accept the requirements of this Request for Proposal. Proposals may be obtained after 2 p.m., Friday, June 13, 2025 through the Oregon Buys website: https://oregonbuys.gov/bso/view/login/login.xhtml.

Requests for solicitation documents and all correspondence pertaining to this RFP, should be directed to:

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

Portland, OR 97220

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

Proposals will be electronically accepted through the Oregon Buys website:

https://oregonbuys.gov/bso/view/login/login.xhtml. until July 14, 2025, at 2:00 p.m. Pacific Time. Proposers who attend the closing will be informed only of the names of the proposers submitting proposals. No other information will be made available at this time. Late submissions will not be accepted.

The District reserves the right to reject any proposal not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all proposals upon a finding of the District it is in the public interest to do so. Proposals that do not meet the response requirements may not be considered by David Douglas School District.

No proposal will be received or considered by the District unless the bid contains a statement as to whether the Proposer is a resident bidder as defined in ORS 279A.120.

Patt Komar, Director of Administrative Services Published: Friday, June 13, 2025 Published in: Daily Journal of Commerce

6.13.25.1 Page 10 of 33

2. ISSUE RFP AND

AVAILABILITY

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

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

3. MANDATORY

PRE-PROPOSAL

MEETING

Mandatory meeting is not required. See sequence of solicitation events.

4. SUBMISSION OF

WRITTEN

QUESTIONS/

REQUEST FOR

CLARIFICATIONS

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

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

REQUEST FOR CHANGE OR PROTEST OF SOLICITATION SPECIFICATIONS

OR CONTRACT PROVISIONS

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

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

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

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

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

a) Solicitation Specifications (or Contract Provisions)

b) Request for Change (or Protest)

c) Solicitation Document (or Other Identification)

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

Protest of Contract Award RFP Title

RFP#

6.13.25.1 Page 11 of 33

5. LAST

ADDENDUM

PRIOR TO

SUBMISSION OF

PROPOSALS

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

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

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

6. SUBMISSION OF

PROPOSALS

Each proposal will consist of one original proposal document.

This document shall be submitted electronically through Oregon Buys:

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

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

Proposals submitted electronically after the deadline will be deemed non-responsive and will be Rejected. It is solely the Proposer’s responsibility to ensure that Proposals are submitted electronically by the appointed date and time.

Proposals may be submitted electronically early to avoid any possible delay of the submission.

Proposals must be submitted electronically through Oregon Buys:

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

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

6.13.25.1 Page 12 of 33

7. PUBLIC

OPENING

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

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

8. PROPOSAL

EVALUATION

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

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

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

9. NOTICE OF

FINALISTS (IF

INTERVIEWS

ARE TO BE

HELD)

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

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

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

The Evaluation Committee reserves the right to award the contract without interviews.

If interviews are not held, the decision shall be documented for the procurement file.

10. INTERVIEWS

OF

FINALISTS (IF

INTERVIEWS

ARE HELD)

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

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

11. NOTICE OF

INTENT TO

AWARD

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

The Owner intends to award this procurement to the highest ranked Proposer(s) in accordance with the Request for Proposals requirements. Further, based on the district’s needs, DDSD reserves the right to issue a multiple award. The Owner reserves the right to reject any and all proposals, to waive technical irregularities, and to award the contract to the Proposer whose proposal it deems to be in the best interest of the Owner.

Contract term will be one year commencing on September 1, 2025, with options to renew for up to six additional one-year terms.

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

6.13.25.1 Page 13 of 33

12. PROTEST OF

AWARD

The District’s written notice of intent to award shall constitute a final decision of the District to award the contract or proceed with the purchase if no written protest of the contractor award is filed with the District’s Business Department within seven

(7) calendar days following issuance of the Notice of Intent to Award.

Following the Notice of Intent to Award, the public may view proposal documents.

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

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

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

A. Right to Protest.

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

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

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

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

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

The written protest shall specify the grounds upon which the protest is based and suggested changes that may remedy the defects. An issue that could have been addressed by filing a request for change or protest of the solicitation specifications or contract provisions pursuant to Section 4 - REQUEST FOR CHANGE OR

PROTEST OF SOLICITATION SPECIFICATIONS OR CONTRACT PROVISIONS

above shall not be grounds for protest of award.

B. Contents of Solicitation Protest.

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

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

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

6.13.25.1 Page 14 of 33

PROTEST OF

AWARD

(CONTINUED)

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

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

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

2. The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed, or improperly specifies a Brand Name;

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

4. A statement of the desired changes to the Procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the prospective Proposer based its protest.

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

Protest of Contract Award RFP Title:

RFP #:

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

Portland, OR 97220

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

D. Resolution – Once the protest has been reviewed, a revised notice of intent to award may be issued. Confirmation of the protest resolution will be sent to the initial Proposer(s) identified in the Intent to Award and the Proposer that submitted the protest.

Protests not filed within the time specified or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based shall be dismissed. An issue that could have been raised by request for clarification or protest of the solicitation is not a ground for protest of an award.

13. DDSD BOARD

APPROVAL

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

6.13.25.1 Page 15 of 33

14. CONTRACT

NEGOTIATIONS

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

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

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

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

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

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C. STANDARD CONDITIONS GOVERNING THE PROCUREMENT

This section contains guidelines under which this RFP is issued, and conditions concerning how the project will be completed.

1. GENERAL REQUIREMENTS All Proposers are required to comply with the provisions of Oregon attorney General’s Model Public Contract Rules, David Douglas School District Board Policy, and any applicable Local Contract Review board policies/rules.

The contents of the proposal of the successful Proposer(s) will become part of the contractual obligation, if a contract ensues. Failure of the successful Proposer(s) to accept these obligations may result in cancellation of the award.

The selected vendor(s) will be required to assume responsibility for all services offered in the proposal whether or not produced by them. Further the Proposer will notify the District of the designated person who will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

2. RESERVATIONS

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

The David Douglas Public Schools expressly reserves the following rights:

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

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

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

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

e. To consider the competency and responsibility of proposers in making any award as provided in ORS 279C.375(3)(b). To award all projects to a single Proposer, award single projects to a Proposer, or a subset of the projects to a single Proposer(s) as the District deems appropriate.

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

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RESERVATIONS (CONTINUED) g. To make the award based on their best judgment as to which merchandise or services comply with the specifications.

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

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

To award any or all parts of any proposal.

3. AMENDMENTS OR

MODIFICATIONS TO A

PROPOSAL BY PROPOSER

Once submitted, proposals may be modified in writing prior to the time and date set forth in the proposal closing.

Any modifications shall be prepared on the proposer’s letterhead, signed by an authorized representative of the proposer, state that the new document supersedes or modifies the prior proposal and must be submitted electronically through the Oregon Buys website:

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

4. PROPOSER’S RIGHTS TO

WITHDRAW PROPOSAL

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

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

5. INCURRING COST Any cost incurred by the Proposer in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Proposer. The District is not liable to any Proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a proposal.

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6. THIRD-PARTY OR

SUBCONTRACTING

CONTRACTOR CONTRACT

RESPONSIBILITIES

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

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

7. DISCLOSURE OF PROPOSAL

CONTENTS

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

8. CONFIDENTIAL DATA The 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. Examples of such exemptions are trade secrets (ORS 192.501(2)) and computer programs (ORS 192.501(15)).

Pursuant to ORS 192.501(2); 646.461 to 646.475, all information contained in the response designated as confidential must be clearly marked and separated from other non-confidential information at the time the response is submitted. Any pages of a proposal on which the Proposer has stamped or imprinted “proprietary” or “confidential” must be readily separable from the proposal in order to facilitate public inspection for the non-confidential portion of the qualifications-based proposal.

Proposer must cite the specific statutory exemption in Oregon Records Law exempting such pages from disclosure.

Proposers may not mark an entire proposal confidential.

Should a proposal be submitted in this manner, the District will hold no portion of the proposal as confidential, unless such a portion is segregated and is determined exempt from Oregon Public Records Law.

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CONFIDENTIAL DATA

(CONTINUED)

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 Multnomah County District Attorney or by a court of competent jurisdiction. Prior to disclosing such information, the District will make reasonable attempts to notify the Proposer of the pending disclosure.

9. TERMINATION OF RFP This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Owner determines such action to be in the best interest of DDSD. The RFP process may be terminated at any time if sufficient appropriations or authorizations do not exist.

Such termination will be effected by sending written notice to the Proposer.

10. SUFFICIENT APPROPRIATION Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The Owner's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final. If the determination is made that there is insufficient funding to continue or finalize a project the successful Proposer will be compensated to the level of effort performed, as authorized by the Owner prior to that determination.

11. PROPOSER QUALIFICATIONS The Evaluation Committee may consider any relevant information or data, from any reliable source (references) relating to the RFP evaluation factors and the Proposer’s ability to successfully perform. Such information may be obtained from the Proposer’s prior customers, commercial and public databases or other reliable sources.

The Proposer shall furnish to Owner all such information and data for this purpose as Owner may request including but not limited to proof of financial resources, production or service facilities, personnel and experience adequate to complete the project. Owner reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Proposer fails to satisfy Owner that such Proposer is qualified to carry out the obligations of the Contract and to complete the work described therein.

The Evaluation Committee may reject the proposal of any Proposer who is not a responsible Proposer or fails to submit a responsive offer.

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12. RIGHT TO WAIVE TECHNICAL

IRREGULARITIES

The Evaluation Committee reserves the right to waive technical irregularities, (see “Technical Irregularities” in Definitions and Terminology section below). The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

13. RELEASE OF INFORMATION Only the Owner is authorized to release information covered by this RFP. Proposers must refer to the Owner any requests to release any information that pertains to the work or activities covered by any action or award related to this RFP.

14. DISQUALIFICATION Any attempt by a Proposer to improperly influence a member of the evaluation committee during the proposal review and evaluation process shall result in proposal rejection.

The omission of any material fact concerning requested information, or the submission of any material false or misleading statement, or misrepresentation of a material fact concerning any requested or submitted information, may lead to the disqualification of a proposal as ‘non-responsive’.

15. NON-CONFORMING PROPOSALS

Proposals will be reviewed, for completeness, format and compliance with the requirements of the RFP. Incomplete proposals will be considered non-responsive and subject to rejection.

Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the Owner, at its option.

If any proposal is deemed non-responsive by the Evaluation Committee, the Proposer will be notified in writing of such determination.

16. ACCEPTANCE OF CONDITIONS

Each proposer by the submission of a proposal assents to each and every term and condition set forth anywhere in these specifications and agrees to be bound thereby.

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17. REPRESENTATIONS AND

WARRANTY

Contractor represents and warrants to the District that any and all work under the resulting contract shall be performed in a good workmanlike manner and in accordance with the highest professional standards. In addition, Contractor warrants employees assigned to perform services(s) under this contract will have the required qualifications and licenses to perform their normal professional duties. Upon request, Contractor will provide District with additional information concerning Contractor’s employees’ qualifications and expertise to assist District in confirming with internal District rules and policies.

18. TAX EXEMPTION Prices quoted should not include Federal Excise or Transportation taxes, nor State or sales tax as the District is exempt from such taxes. Federal Excise Tax exemption certificate will be furnished, if required.

19. SITE VISITS/INFORMATIONAL

ACTIVITIES

As per ORS 279B.060(7), at any point before or after the opening of proposals, the District may conduct site visits, demonstrations, informational and group activities with Proposers for the purpose of clarification to ensure full understanding of, and responsiveness to, the solicitation documents or to consider and respond to requests for modifications to the proposed requirements. The District will use procedures designed to accord Proposers fair and equal treatment with respect to any opportunity for discussion and revisions of proposals.

20. SUBMITTED MATERIALS All material submitted for any portion of a proposal in response to this RFP, or during any tier of this solicitation, shall become the property of the District and will not be returned to the Proposer.

21. INVESTIGATION The Proposer shall make all investigations necessary to be informed regarding the service(s) to be performed under this request for proposal.

22. CANCELLATION/MODIFICATION The District reserves the right to modify, revise or cancel this RFP. Receipt and evaluation of proposals or the completion of interviews do not obligate the District to award a contract.

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D. DEFINITIONS AND TERMINOLOGY

This section contains definitions that are used throughout this Request for Proposals (RFP), including appropriate abbreviations.

TERM DEFINITION

Award of Contract

A formal written notice by the District that a firm has been selected to enter into negotiations for a contract for construction services.

Contract An agreement between David Douglas School District and an Oregon licensed contractor for the work covered by this RFP.

Contract Documents

Any one, or combination, of the following documents: Request for Proposal, Addenda, Agreement Between the Owner and the Contractor for General Conditions of the Contract, and the drawings and specifications.

Contractor Any person, corporation, or partnership that has entered into a contract with a state agency or a local public body.

Determination The written documentation of a decision made by the Evaluation Committee including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

Evaluation Committee

A body to evaluate proposals and make selection recommendation and or selection.

Firm The company or other business entity for the purpose of identifying, individually or collectively.

General Provisions

The terms “can”, “may”, “should”, “preferably”, or “prefers” identifies a desirable or discretionary item of the RFP. Failure to comply with such an item will not result in the rejection of the Proposers proposal.

Mandatory Requirements

The terms “must,” “shall,” “will,” “is required,” or “are required” identify a mandatory requirement of this RFP.