RFP Mini Refrigerator Freezer Microwave.pdf

University Housing

Mini Refrigerator, Freezer, Microwave

Request for Proposals

RFP Number: 2025-0669-OUR-LG

NO LATE PROPOSALS WILL BE ACCEPTED

There may be attachments to this RFP that are not available via the webpage. Contact the RFP

Administrator listed below to confirm whether or not there are any attachments.

Contract Administrator RFP Administrator

Lindsey Gibson Payton Wagner

Director, University Housing Coordinator, Housing Operations

503-838-8302 503-838-9497 gibsonl@wou.edu wagnerp@wou.edu

ISSUE DATE: Monday, May 5th, 2025

PRE PROPOSAL CONFERENCE: Monday, May 19th, 2025 1:30pm PST

University Housing Office, Ackerman Hall

PROPOSAL DUE DATE AND TIME: Friday, May 30th, 5:00 PM PST

RFP SUBMITTAL LOCATION: Western Oregon University

ATTN: Payton Wagner (RFP 2025-0669-OUR-LG)

University Housing

345 Monmouth Avenue North

Monmouth OR 97361 wagnerp@wou.edu

SCHEDULE OF EVENTS:

RFP Released………………………………....…………………………………..Monday, May 5th, 2025

Pre Proposal Conference……………………………………………..Monday, May 19, 2025 1:30 pm PST

University Housing Office, Ackerman Hall

Deadline for Requests

For Changes/Clarifications or Protests of Specifications, including but not limited to the University’s required contract terms and conditions.……………………………..….…..………Wednesday, May 21, 2025, 5:00 PM PST

Proposal Due Date………….…………………………….……....…...Friday, May 30, 2025, 5:00 PM PST

Electronic proposals may be accepted in lieu of written proposals.

All dates listed above are anticipated and not fixed. WOU may change any dates above, at its sole discretion, if necessary.

PART I—INTRODUCTION AND GENERAL INFORMATION

Background:

Founded in 1856, WOU is a public mid-sized university located in Monmouth, Oregon. WOU currently enrolls over 3,000 students on campus. WOU is a vibrant cultural and educational environment with student representatives from across the nation and abroad.

University Housing houses a mixture of first year and upper division students, including 900 in three residence halls, one apartment complex, and 56 family housing units on campus during the academic year, and works with various conference groups and summer school students during the summer.

Currently, University Housing provides leased mini refrigerator, freezer, microwave combinations in all residence halls. Students in the apartments must bring their own kitchen microwave. Through this

Request for Proposals (“RFP”) WOU invites you to join in creating a unique relationship with the

University.

Statement of Need:

WOU is seeking to secure professional, reasonably priced rented/leased mini refrigerator, freezer, microwave equipment for our residents. The project will require the successful contractor to provide and install energy efficient mini refrigerator, freezer, microwave combinations in all student residence halls, and stand alone microwaves in all apartments on the University campus.

WOU invites qualified vendors to propose solutions that will aid us in providing these units. WOU requires proposals from companies with a minimum of five (5) years of direct experience providing appliance leases. In addition to providing a response to the general and specific requirements in this solicitation, respondents should provide a detailed description of their specific solution, and all associated costs for services required to implement, maintain, update, and upgrade the solution as specifically outlined later in this RFP successfully. Vendors must also demonstrate a proven track record of appliance leasing success for clients in a four-year college or university environment.

WOU’s Stakeholders for the Mini Refrigerator, Freezer, Microwave Contract:

The key stakeholders to the Mini Refrigerator, Freezer, Microwave Contract include University Housing, Housing Maintenance, Custodial Services, residence hall and apartment students, and overnight and conference guests.

WOU holds the partnerships of the above-referenced stakeholders to be of greatest importance.

Therefore, it is WOU’s expectation that any resulting Mini Refrigerator, Freezer, Microwave proposal and contract emphasize the collaboration and cooperation necessary among these, and other, stakeholders.

PART II—WESTERN OREGON UNIVERSITY INSTRUCTIONS TO PROPOSERS

This and other RFPs may be viewed at https://oregonbuys.gov/bso/.

All proposals are subject to the provisions and requirements of the applicable Oregon Revised Statutes and the policies and procedures of Western Oregon University.

Right to Reject: WOU reserves the right, for good and just cause, to reject any or all proposals received as a result of this RFP, or upon a finding that it is in the public interest to do so.

Questions and Request for Clarification/Change: All clarifications or requests for changes regarding technical information, procedural or contractual requirements or other issues related to this RFP must be submitted, in writing, no later than the date and time listed in the Schedule of Events to the name and physical or email address listed below in “Submittal Location.” All requests for change must be received in writing. No information obtained in any conversation with WOU personnel will serve to change the requirements and/or scope of the RFP.

Proposers must note that WOU may choose not to consider exceptions to the specifications or

Contract terms and conditions that are not raised during the pre-closing protest period. If you have an exception or concern with anything in this RFP, including any of the Contract terms and conditions, it is important to raise that issue, in writing, by the deadline for Requests for Change, listed in the RFP Schedule of Events listed in this RFP. By doing so, you afford yourself the maximum opportunity to discuss and potentially change the language.

The purpose of the pre-closing protest period is to permit WOU to correct, prior to the opening of proposals, technical or contractual requirements that may be unlawful, improvident, or which unjustifiably may restrict competition. This will allow WOU to make needed corrections through the issuance of an addendum, prior to the opening of proposals. This will help eliminate the waste of time which is inherent in protests and in the possible rejection of all proposals. In order to have their complaints considered, Proposers must submit them within the time established in the RFP.

WOU will consider all changes and, if appropriate, amend the RFP.

Envelopes containing requests for change, protest of the specifications or Contract provisions shall state and be marked with the following information in BOLDED AND UNDERLINED FONT:

“Request for Solicitation Specification” (or “Request for Contract Provisions”); “Request for Change”

(or “Protest”); and include the Solicitation Document RFP Number 2025-0669-OUR-LG.

Submittal Location: Requests submitted to anyone other than the person listed below will not be considered. WOU will not be held responsible for any requests to change the content of a response to an

RFP that is not submitted by the due date and time. Requests for change may be submitted via email and regular postage. Submit requests for change or clarification to:

Western Oregon University

ATTN: Payton Wagner (RFP 2025-0669-OUR-LG)

University Housing

345 Monmouth Avenue North https://oregonbuys.gov/bso/

Monmouth OR 97361 wagnerp@wou.edu

Change or Modification/Addenda: Any change or modification to the specifications or the procurement process will be in the form of an addendum to the RFP and will be made available to Proposers via email or posting to https://oregonbuys.gov/bso/. Only documents issued as addenda by Payton Wagner will serve to change the RFP in any way. No other directions received by the Proposer, written or oral, serve to change the RFP document. If you have received an RFP, you should consult with Payton Wagner or refer to https://oregonbuys.gov/bso/ to assure that you have not missed any addenda announcements.

Proposers are not required to return addenda with their proposal, however, Proposers are responsible to make themselves aware of, obtain and incorporate any changes made in any addenda issued, and to incorporate any changes made by an addendum into their final proposal. Failure to do so may, in effect, make the Proposer’s proposal non-responsive, which would cause the Proposer’s proposal to be rejected.

WOU wants to provide each Proposer an opportunity to independently collect, review and verify data and information provided by or on behalf of WOU. WOU assumes no responsibility or liability of the adequacy, accuracy or completeness of any information provided in the RFP or otherwise, by WOU, its agents, employees, or representatives. The Proposer agrees to waive any claim or defense to any claim relating to the adequacy or sufficiency of any information provided prior to the execution of the Mini

Refrigerator, Freezer, Microwave contract.

It is critical that WOU receives high-quality, creative and comprehensive responses in order to make the best-informed decision. Toward that end, through written questions, site visits, and this RFP process, all

Proposers are encouraged to ask questions and seek whatever information is necessary to accomplish this goal.

Proposal Preparation and Submission: Responses to the requirements for this RFP shall be of sufficient length and detail to demonstrate that the Proposers understands the WOU environment and the needs of the campus as it relates to a Mini Refrigerator, Freezer, Microwave Contract.

In a joint effort to save costs, reduce waste, and produce energy savings, Proposers are encouraged to submit an electronic, PDF copy of the proposal response. However, hard-copy proposals may also be accepted. If submitted hard-copy, it is encouraged to use double-sided printing on standard 8-1/2” x 11” paper with 2-hole (top) fasteners or recyclable binders (when use of binders is indicated). Proposers should refrain from submitting proposal responses in 3-ring binders, spiral bindings, and other non-recyclable presentation folders.

If submitted in hard-copy, proposers shall submit ONE (1) ORIGINAL AND THREE (3) COPIES of their complete proposals to the located listed on page one of this RFP by the time listed on page one of this RFP. Original shall be marked “ORIGINAL.” Original copy shall contain original signatures on any pages where it is requested. Additionally, Proposers shall submit their complete proposal on a thumb drive, or via email in PDF format as one file. Proposals submitted via email shall be sent to Payton

Wagner at the email address above. If submitting a hard-copy, Proposers who fail to submit the requested number of copies may delay the evaluation process by being required to submit additional copies for the evaluation team. Furthermore, hard-copy proposals and pricing shall be prepared by word processor or ink and shall be signed in ink by an authorized representative of the entity. At least one proposal submitted by Proposers should bear an original signature.

No oral, telegraphic, telephonic, or facsimile proposals will be accepted.

Pages should be numbered consecutively and a set of tabs inserted to identify each section of the proposal, such as: "A.1 Cover Letter", "A.2 Contractual Acceptance", etc. Alternatively, proposals should include a Table of Contents identifying page numbers corresponding with the beginning of important segments. All binders, reference materials, and other documents should be clearly labeled or otherwise identified and referenced in a clear and consistent manner throughout the proposal.

Hard-copy proposals must be submitted in sealed package(s) or envelope(s). To ensure proper identification and handling, all package(s) or envelope(s) must be clearly marked with the RFP Number seen on the cover of this document, and date and time of closing.

Proposals must be received and time-stamped or received in an electronic fashion capable of identifying the time of receipt by Payton Wagner at the location or email address listed within the Submittal Location section above prior to scheduled RFP closing date(s) listed in the Schedule of Events. It is the Proposer's responsibility to submit proposals in a timely manner, allowing plenty of time for delivery. Proposals will be considered submitted when they are received. WOU will not be held responsible for late RFP delivery due to courier's inability to deliver the proposal in a timely manner. Under no circumstances shall late proposals and/or modifications be considered regardless of failures in delivery, wrong address, or other obstacles to delivery.

Information Submitted: The Proposer is cautioned that it is the Proposer's sole responsibility to submit information related to the evaluation categories, and that WOU is under no obligation to solicit such information if it is not included within the Proposer's proposal. Failure by the Proposer to submit such information may cause an adverse impact on the evaluation of the Proposer's proposal.

Proposers must complete all applicable information and provide all information requested in the RFP.

Failure to comply may be grounds for proposal rejection.

Proposer should also name its Contract Administrator, the individual's name, title and phone number, who is assigned the responsibility of answering questions and resolving problems related to the proposal.

In addition, Proposers must be aware that with the exception of trade secrets, all information submitted by them in response to this RFP is subject to open review by the public under the Oregon Public Records

Law.

If a proposal contains any information that is considered a "trade secret" under ORS 192.501(2), the

Proposer must mark each sheet of such information with the following legend for those pages, and those pages alone:

This data constitutes a trade secret under ORS 192.501(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.

The Oregon Public Records law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies "unless the public interest requires disclosure in the particular instance." ORS

192.501(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

The above restriction may not include cost or price information, which must be open to public inspection.

An entire proposal marked as proprietary ("trade secret") is unacceptable. The Proposer will be requested to mark only specific pages or text and return the proposal prior to closing.

Delinquent Oregon Taxes: Proposers must certify, under penalty of perjury, that they are not in violation of any Oregon tax laws. No contract for the purchase of goods and/or services will be awarded to a

Proposer who cannot so certify.

RFP Preparation Costs. WOU shall not be liable for any costs incurred in the preparation and presentation of proposals.

Alternate Proposals. Proposers may submit more than one proposal. All proposals must comply with the requirements of the RFP except that additional proposals may incorporate, by reference, repetitive information which is provided in the complete proposal.

Effort has been made to designate items according to standard sizes, weights and packaging. If Proposer proposes any items(s) at variance with descriptions given herein, the Proposer must clearly point out such difference(s).

Proposal Opening Procedure. All proposals received in response to this RFP shall be opened at the scheduled time and date. Proposers who attend the opening will be informed only of the names of

Proposers submitting proposals. No other information will be available.

Evaluation of Proposals. Proposals will be evaluated by a committee consisting of three (3) representatives of the University and possibly others as deemed necessary by WOU.

The evaluation will determine if the proposal meets the Mini Refrigerator, Freezer, Microwave specifications relative to the needs of WOU. The following process will be used:

Proposals will be evaluated for completeness and compliance with the requirements of this RFP. Those proposals that are incomplete will be rejected. WOU reserves the right to waive what are, in WOU's sole opinion, minor informalities.

Proposals considered complete will be evaluated to determine if they comply with the administrative, contractual and technical requirements of the RFP. If the proposal is unclear, Proposers may be asked to provide written clarification. Those proposals that do not meet all mandatory requirements will be rejected.

Proposals that meet all requirements will be evaluated by an Evaluation Committee on their value to

WOU in meeting its needs and assigned points within specific categories to a maximum of 100 total points awarded. Each category will be weighted to reflect their relative value to WOU. The weightings are given in this RFP. At the option of WOU, Proposers may be asked to provide written clarification and/or to provide a presentation to clarify their proposal to aid the Evaluation Committee in awarding desirable points to the proposal.

The findings of the Evaluation Committee will be summarized and a summary created and provided to

Payton Wagner.

If necessary due to receiving proposals from more than seven (7) Proposers, these findings may be used to establish a subset of "finalists" which will be established by removing from consideration all but two

(2) of the proposals based on aggregate score. The remaining proposals may be invited to enter into negotiations with the University to discuss details and finalized requirements/offerings. This step in the evaluation process is not a requirement of the Evaluation Committee.

WOU reserves the right to conduct negotiations with multiple Proposers/finalists at the same time as well as to terminate negotiations with any of the finalists when WOU deems further negotiations to be not in the interest of WOU.

WOU reserves the right not to enter into negotiations with Proposers/finalists but to simply select the

Contract with the highest aggregate score as the best proposal for WOU.

If negotiations between WOU and multiple finalists takes place, the Contract Administrator will review the results of the negotiations and select for contract award the Proposer with the overall best final proposal for WOU.

If there is a tie in aggregate score between highest aggregate scoring proposals, the University reserves the right to and may request that the tied Proposers provide their best offer. Such requests will come from Payton Wagner, who will provide a submission date for the best offer. Best offers must be submitted in a timely fashion to be considered. Once the best offers are received, they will be scored again.

Prior Acceptance of Defective Proposals. Due to limited resources, WOU generally will not completely review or analyze proposals which on their face fail to comply with the requirements of the RFP or which clearly are not the best proposals, nor will WOU generally investigate the references or qualifications of those who submit such proposals if they are not to be fully considered due to a deficiency. Therefore, neither the return of a proposal, nor acknowledgment that the selection is complete shall operate as a representation by WOU that an unsuccessful proposal was complete, sufficient, or lawful in any respect.

Investigation of References. WOU reserves the right to investigate the references and the past performance of any Proposer with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of contractors, subcontractors, and workers. WOU may postpone the award or execution of the Contract after the announcement of the apparent successful Proposer in order to complete its investigation. WOU reserves the right to reject any proposal or to reject all proposals at any time prior to WOU's execution of a Contract if it is determined to be in the best interest of WOU to do so.

WOU reserves the right to consider past performance, historical information and facts, whether gained from the Proposer's proposal, question and answer conference, references, WOU or any other source in the evaluation process.

Negotiations. WOU may enter into negotiations with one or more Proposers concurrently. The resulting

Mini Refrigerator, Freezer, Microwave Contract(s) shall be based on the submitted proposal and the negotiations concerning the proposal. Should negotiations between WOU and any Proposer reach an impasse, WOU reserves the right at its sole discretion to break off the negotiations.

Post-Selection Review. After completion of negotiations, WOU will name an apparent successful

Proposer. Identification of the "apparent successful Proposer" is procedural only and creates no right in the named Proposer to award of the Contract. Competing Proposers shall be notified in writing of the identity of the apparent successful Proposer and shall be given five (5) calendar days to review the RFP file and evaluation report. Any questions or concerns about, or protests of, the evaluation process must be in writing and must be delivered to the RFP Administrator within five (5) calendar days after the date of the letter identifying the apparent successful Proposer.

Within a reasonable time following the end of this five (5) day protest period, WOU will consider all protests received, if any, and:

(1) Reject all protests and proceed with final evaluation of the apparent successful Proposer and, pending the satisfactory outcome of this final evaluation, enter into a Contract with the named Proposer; or

(2) Sustain a meritorious protest(s) and reject the apparent successful Proposer as non-responsive, if such

Proposer is unable to demonstrate that its proposal complied with all material requirements of the solicitation; thereafter, WOU may name a new apparent successful Proposer; or

(3) Reject all proposals and cancel the procurement.

PART III—GENERAL TERMS AND CONDITIONS OF CONTRACT DEFINITIONS

(Definitions apply to the entire RFP, not just this part)

DEFINITIONS (apply to the entire RFP, not just this part):

"Campus" means the area inside WOU's campus plan boundaries in Monmouth, Oregon as it now exists or may be amended from time to time during the term of this Contract. It does not include extension sites, experiment stations, or other campuses.

"Contract" means the entire written agreement between the parties, including but not limited to the

Request for Proposal ("RFP") and its specifications, terms and conditions; solicitation addenda and contract amendments, if any; and the resulting Mini Refrigerator, Freezer, Microwave Contract.

"Contractor" means a person or organization with whom WOU has contracted for the provision of services and receipt of rights pursuant to this Contract.

"ORS" means the Oregon Revised Statutes.

"Proposer" means any respondent to this RFP. The successful Proposer becomes the Contractor.

Statements referring to using "Proposer" generally indicate requirements which must be included with the

Proposal. Statements referring to "Contractor" generally indicate requirements that will become

Contractual obligations.

"Proposal" means Proposer's response to the RFP.

"RFP" means Western Oregon University Request for Proposal numbered 2025-0669-OUR-LG for Mini

Refrigerator, Freezer, Microwaves.

"Stakeholder" or "Stakeholder Organization" means any individual or combination of University

Housing, Housing Maintenance, Custodial Services, residence hall and apartment students, and overnight and conference guests.

"Constituent Relations Management Solutions Contract" means the contract or contracts which will result from this RFP and all of its facets.

STANDARD PERSONAL/PROFESSIONAL CONTRACT PROVISIONS

1. DEFINITIONS. “Contract” means the entire written purchase order, contract or agreement attached to these Standard Terms and Conditions (“Standard Terms”), these Standard Terms, and any other contracts or agreements including terms and conditions incorporated in the Contract. “Contractor” means a person, entity or organization with whom WOU has contracted for the provisions of services set forth in this Contract. “OAR” means Oregon Administrative Rules. “ORS” means the Oregon Revised Statutes.

University and Contractor are each a “Party” and collectively are the “Parties.” “WOU” means Western

Oregon University.

2. ACCESS TO RECORDS. Contractor shall maintain books, records, documents, and other evidence and accounting procedures and practices sufficient to reflect properly all costs of whatever nature claimed to have been incurred and anticipated to be incurred in the performance of this contract. The Oregon

Department of Higher Education, Oregon Secretary of State, Federal Government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcripts. Such books and records shall be maintained by Contractor for a minimum of six (6) years, or such longer period as may be required by applicable law, following final payment and termination of this

Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this

Contract, whichever date is later. Contractor shall promptly remedy any discrepancy from the terms of this Contract and shall reimburse WOU for any and all commitments or expenditures found to be in excess of amounts authorized under this Contract.

3. AVAILABILITY OF FUNDS. WOU certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract within its current biennial appropriation or expenditure limitation, provided, however, that continuation of the contract, or any extension, after the end of the fiscal period in which it is written, is contingent upon a new appropriation or limitation for each succeeding fiscal period sufficient in amount, in the exercise of WOU's reasonable administrative discretion, to continue to make payments under this Contract.

4. BUSINESS DIVERSITY AND EQUITY. Pursuant to OAR 580-061-0030, Contractor affirmatively states they do not discriminate on the basis of age, disability, national origin, race, religion, marital status, gender, sex, or sexual orientation. Contractor further states they have not discriminated against Minority, Women-Owned or Emerging Small Business Enterprises in obtaining any required subcontracts.

5. COMPLIANCE WITH APPLICABLE LAW. Contractor shall comply with all federal, state, county, and local laws, ordinances, and regulations applicable to the work to be done under this contract.

Contractor specifically agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Contractor also shall comply with the Americans with

Disabilities Act of 1990, as amended; Title VI and Title VII of the Civil Rights Act of 1964, as amended;

Paragraphs 503 and 504 of the Rehabilitation Act of 1973; the Family Educational Rights and Privacy

Act of 1974, as amended; and ORS Chapter 659, as amended.

6. FORCE MAJEURE. WOU shall not be held responsible or liable for any delay or default caused by fire, riot, act of nature, terrorist acts, political sabotage, war or any other cause that is beyond WOU’s reasonable control. However, WOU will make reasonable efforts to remove or eliminate any such delays to diligently pursue performance of the affected Contract terms. WOU is entitled to terminate this

Contract if any of the aforementioned acts either cause default or unreasonable delay in the performance of the Contract terms.

7. GOVERNING LAW. This contract shall be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, or suit between

University and Contractor that arises out of or relates to performance of this contract shall be brought and conducted solely and exclusively within the Circuit Court for Polk County, for the State of Oregon.

Provided, however, that if any such claim, action, or suit may be brought only in a federal forum, it shall be brought and conducted solely and exclusively within the United States District Court for the District of

Oregon. This paragraph is also not a waiver of any form of immunity, including but not limited to sovereign immunity asserted under the Eleventh Amendment to the United States Constitution.

CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN

PERSONAM JURISDICTION OF SAID COURTS.

8. HAZARD AND SAFETY COMMUNICATIONS. Contractor shall notify University prior to using products containing hazardous chemicals to which University employees may be exposed. Products containing hazardous chemicals are those products defined by Oregon Administrative Rules, Chapter

437. Upon University's request, Contractor shall immediately provide Material Safety Data Sheets, as required by OAR 437-155-025, for the products subject to this provision. Furthermore, Contractor acknowledges that all services provided by Contractor shall comply with all federal, state and local health laws, regulations and ordinances including but not limited to Occupational Safety and Health

Administration (OSHA) requirements and rules promulgated by the State of Oregon’s Workers’

Compensation Division.

9. INDEMNITY, RESPONSIBILITY FOR DAMAGES. Contractor shall be responsible for all damage to property, injury to persons, and loss, expense, inconvenience, and delay which may be caused by, or result from, the conduct of work under this contract, or from any act, omission, or neglect of

Contractor, its subcontractors, or employees. Contractor shall save, defend, indemnify, and hold harmless WOU and its officers, agents, employees, and members from all claims, suits, and actions of any nature resulting from or arising out of the activities or omissions of Contractor or its subcontractors, officers, agents, or employees acting under this contract.

10. INDEPENDENT CONTRACTOR STATUS. The service(s) to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of WOU as those terms are defined in ORS 30, 265. WOU reserves the right to determine and modify delivery schedule of services and to examine the quality of said services. WOU may not and will not control the means or manner by which Contractor performs the terms of this Contract. Contractor is solely responsible for determining the means of performing services. Nothing in this section precludes Contractor and its employees from abiding and being subject to any and all federal, state and WOU rules involving misconduct, specifically including rules prohibiting sexual harassment.

11. INSURANCE. Upon request by WOU, Contractor shall secure comprehensive general liability insurance with a broad form Commercial General Liability endorsement or insurance and/or Auto

Insurance with a minimum combined single unit of not less than $1,000,000 for each occurrence and

$2,000,000 aggregate, covering bodily injury and property damage, and will include personal and advertising injury liability, products liability and contractual liability coverage. Upon request by WOU, Contractor shall secure professional liability insurance with a combined single limit of not less than

$2,000,000 per occurrence and $5,000,000 aggregate. Insurance must be issued by an insurance company authorized to do business in Oregon and with an AM Best rating of A- or higher. At all times, Contractor agrees to comply with ORS 656.017 in regards to workers’ compensation coverage for itself and subcontractors, if applicable. If insurance is required under this contract, upon request by WOU, Contractor shall supply a valid Certificate of Insurance to WOU. If requested by WOU, additional insurance should include “the State of Oregon, the Board of Trustees for Western Oregon University, and

Western Oregon University, their respective officers, employees and members” as additional insured.

Certificates of Insurance shall be sent to Western Oregon University, Attn. Payton Wagner, 345 N

Monmouth Ave., Monmouth, OR 97361 or emailed to wagnerp@wou.edu.

12. NAMES, MARKS AND TRADEMARKS. Unless permission is expressly provided in writing, Contractor shall not use names, marks or trademarks of WOU.

13. NOTICES. Any notice shall be deemed validly given if provided in writing to the other party via email, fax, registered or by certified or registered mail to the respective addresses of WOU and

Contractor.

14. ORIGINAL WORKS. All work product of Contractor that results from this Contract (the "Work

Product") is the exclusive property of University. University and Contractor intend that such Work

Product be deemed "work made for hire" of which University shall be deemed the author. If for any reason the Work Product is not deemed "work made for hire," Contractor hereby irrevocably assigns to

University all of its right, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Contractor shall execute such further documents and instruments as University may reasonably request in order to fully vest such rights in University. Contractor forever waives any and all rights relating to the Work Product, including without limitation, any and all rights arising under 17 USC '106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.

15. PUBLIC RECORDS LAW. This Contract is subject to the limitations and conditions of the

Oregon Public Records Law, ORS 192.410-192.505. Specifically, Contractor acknowledges and understands that information disclosed to WOU may be subject to public disclosure. Furthermore, Contractor acknowledges and agrees that WOU is not in breach of this Contract if, according to WOU’s interpretation of public records law, it discloses or maintains records of any information provided by

Contractor. WOU shall promptly notify the Contractor of any request where public information provided by the Contractor to WOU is directly requested.

16. RECYCLED MATERIALS. In accordance with WOU’s commitment to best practices in sustainability, Contractor agrees to use recyclable materials and products to the maximum extent that is economically feasible while performing the terms of this Contract.

17. REPRESENTATIONS AND WARRANTIES. (a) Contractor's Representations and

Warranties. Contractor represents and warrants to University that (1) Contractor has the power and authority to enter into and perform this Contract, (2) this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (3) the Work under this Contract shall be performed in a good and workmanlike manner and in accordance with the highest professional standards, and (4) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work. (b) Warranties Cumulative. The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided.

18. SEVERABILITY. If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid.

19. SURVIVAL. The terms and conditions of this Contract that by their sense and context are intended to survive termination or expiration shall survive.

20. SUBCONTRACTS, ASSIGNMENTS AND SUCCESSORS IN INTEREST. Contractor shall not enter into any subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without obtaining prior written approval from WOU. Contractor shall remain liable for any and all obligations contained within the Contract regardless of any subcontract or assignment. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns.

21. TAX COMPLIANCE CERTIFICATION. Contractor hereby affirms, under penalty of perjury, as provided in ORS 305.385(6), that to the best of Contractor's knowledge Contractor is not in violation of any of the tax laws described in ORS 305.380(4).

22. TERMINATIONS. (a) This contract may be terminated at any time by mutual consent of the parties, or by either party upon thirty (30) days' notice to the other party. (b) In addition, the University may terminate this contract effective upon delivery of notice to Contractor, or at such later date as may be established by the University, if (i) Federal or state laws, regulations or guidelines are modified, changed, or interpreted in such a way that either the Work under this Contract is prohibited or University is prohibited from paying for such Work from the planned funding source; or (ii) Any license or certificate required by law or regulation to be held by the Contractor to provide the services required by this contract is for any reason denied, revoked, or not renewed. (c) This contract may also be terminated by University for default (including breach of contract) if (i) Contractor fails to provide services or materials called for by this contract within the time specified herein or any extension thereof; or (ii) Contractor fails to perform any of the other provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of notice from University, fails to correct such failures within ten business days.

23. TERMINATION DUE TO NONAPPROPRIATION OF FUNDS. If sufficient funds are not provided in future legislatively approved budgets of University (or from applicable Federal, state, or other sources) to permit University in the exercise of its reasonable administrative discretion to continue this contract, or if University or program for which this contract was executed is abolished, the University may terminate this contract without further liability by giving Contractor not less than thirty (30) days notice. In determining the availability of funds from the Oregon Legislature for this contract, University may use the budget adopted for it by the Joint Ways and Means Committee of the Oregon Legislative

Assembly.

24. TERMINATION REMEDIES. (a) In the event of termination pursuant to Sections 21(a) and (b)(i) and 22, Contractor's sole remedy shall be a claim for the sum designated for accomplishing the Work multiplied by the percentage of Work completed and accepted by the University, less previous amounts paid and any claim(s) which the University has against Contractor. If previous amounts paid to

Contractor exceed the amount due to Contractor under this subsection, Contractor shall pay any excess to

University upon demand. (b) In the event of termination pursuant to Sections 21(b)(ii) or (c), University shall have any remedy available to it in law or equity. If it is determined for any reason that Contractor was not in default under these subsections, the rights and obligations of the parties shall be the same as if the Contract was terminated pursuant to Section 21(a). (c) Upon receiving a notice of termination of this

Contract, Contractor shall immediately cease all activities under this Contract, unless University expressly directs otherwise in such notice of termination. Upon termination of this Contract, Contractor shall deliver to University all documents, information, works-in-progress and other property that are or would be deliverables had the Contract been completed. Upon University's request, Contractor shall surrender to anyone University designates, all documents, research or objects or other tangible things needed to complete the Work.

25. THIRD PARTY BENEFICIARIES. University and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

26. WAIVER. The failure of University to enforce any provision of this contract shall not constitute a waiver by University of that or any other provision.

MERGER. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE

PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS,

ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. NO

AMENDMENT, CONSENT, OR WAIVER OF TERMS OF THIS CONTRACT SHALL BIND

EITHER PARTY UNLESS IN WRITING AND SIGNED BY ALL PARTIES AND ALL

NECESSARY UNIVERSITY APPROVALS HAVE BEEN OBTAINED. ANY SUCH

AMENDMENT, CONSENT, OR WAIVER SHALL BE EFFECTIVE ONLY IN THE SPECIFIC

INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. CONTRACTOR, BY THE

SIGNATURE HERETO OF ITS AUTHORIZED REPRESENTATIVE, ACKNOWLEDGES

HAVING READ AND UNDERSTOOD THIS CONTRACT AND CONTRACTOR AGREES TO

BE BOUND BY ITS TERMS AND CONDITIONS.

TERMS AND CONDITIONS; ORDER OF PRECEDENCE: In the event of any conflict, the order of precedence shall be: 1) the terms and conditions of the Contract, 2) these terms and conditions in the

RFP, and 3) the Proposal submitted by the Contractor.

TERM OF CONTRACT/EXTENSIONS: The Contract period will be for five (5) years (as negotiated before execution). The effective dates of the Contract will be September 1, 2025 through August 31, 2030.

EXTENSIONS TO THE CONTRACT: Upon mutual agreement of both parties, the Agreement may be renewed for additional one-year periods.

PART IV—CONTRACT REQUIREMENTS

The following details all of the desires and needs of WOU related to the Constituent Relationship

Management Solution. Part V of this document details the scored evaluation criteria which will guide

WOU's selection of finalists for this Contract. The scored criteria directly relate to all of the issues identified below.

GENERAL ISSUES

Scope of Work: WOU contemplates a Mini Refrigerator, Freezer, Microwave Project that provides appliances for the residential area. The Mini Refrigerator, Freezer, Microwave Project will meet the following objectives:

● Professional, reasonably priced rented/leased small appliances (mini refrigerator, freezer and microwave combinations, and stand alone microwaves).

● The Contractor will furnish/deliver applicable loaner equipment in the case of a major breakdown, at no charge to WOU. The requirement to provide necessary equipment to WOU will continue through the Contract term including needs for upgrading and for additional sites, decreasing numbers in the event of building closure(s) due to limited occupancy demand, and needs that may come about.

Equipment Responsibility: Ownership of all machines, equipment, etc. furnished by the Contractor and placed on WOU property will remain with the Contractor. Expenses resulting from any damage, including acts of vandalism or accident, will be the responsibility of the Contractor.

The Contractor shall be responsible for any property damage that occurs during the installation or removal of any machine. The Contractor will reimburse WOU if repairs are required.

Equipment Servicing: WOU is committed to exemplary service. Each Proposer is required to describe its service program for all units.

Prior to the equipment being put in use, Contractor will supply each location with items necessary to ensure the correct functioning of the equipment. In no event shall WOU’s failure to act cause WOU to be liable for costs associated with maintenance or failure of the equipment. The Contractor will be responsible for preventive maintenance and remedial service for all Contractor-supplied equipment in accordance with the manufacturer’s recommendations and guidelines. Technical service personnel will be available and shall respond to requests to replace or repair malfunctioning equipment. WOU staff will remove non-operational equipment from the resident’s living area, and swap it with a functioning unit.

An appropriately trained technician shall be onsite and working diligently to return malfunctioning equipment to normal operation within forty-eight (48) hours of the service call for a given issue and will have the equipment back in service within three (3) days of the time the service call was placed or will replace the mini refrigerator with a unit of similar build and in good operating condition. At its discretion, WOU may require replacement or upgrade of equipment the frequently malfunctions or exhibits excessive downtime. Equipment changes, except replacement with like models, requires written approval from University Housing.

Product Delivery: Please provide a proposal for a delivery plan and schedule for WOU. Include in this section proposed regular deliveries and “as needed deliveries.” The delivery day(s) will be mutually agreed upon between the Stakeholder Organizations and the Contractor.

All prices quoted in the proposal are to be F.O.B. destination, including transportation, packaging, crate containers, etc., necessary to complete delivery on a F.O.B. destination basis. No additional charges will be allowed for fuel surcharges, packing, loading, storage or partial shipments.

Annual Business Review: The successful Proposer will be required to have a team of appropriately authorized individuals present to WOU, on a minimum of an annual basis to perform a formal Business

Review of the relationship of the parties in the Mini Refrigerator, Freezer, Microwave Contract. The

Business Review should address all Stakeholders, programs, outstanding issues/resolutions, and all other requirements of the Contract.

Contract Administration, Communication and Reporting: Please provide a proposed plan for communication, planning and performance review. WOU is particularly interested in periodic review in addition to a mandatory Annual Business Review, and the manner and process in which decisions and/or recommendations will be made regarding ongoing evaluation of the Mini Refrigerator, Freezer, Microwave contract.

Taxes. The Contractor will be responsible for all taxes—federal, state, local—and all license fees, or other necessary expenses required for the performance of this Contract.

PART V(a)—EVALUATION CRITERIA

The following listed minimum mandatory requirements are WOU's minimum needs that the Proposer must address and meet in their written Proposal, using the format listed in the Instructions to Proposers. These mandatory requirements are in addition to the other requirements and terms and conditions in other sections of this RFP.

The award for the University Housing Mini Refrigerator, Freezer, Microwave Contract will be based upon a comprehensive review, analysis and negotiation of the Proposal which best meets the needs and objectives of WOU. The specific evaluation criteria will include the following:

Operations and Management Plan

● Contract administration, communication and reporting

● Maintenance and repair

● Replacement of units when unrepairable or cannot be fixed in a timely fashion

Financial Structure and Total Economic Value

● Annual payment for lease per unit

Team Experience, Commitment and References

● Qualifications of Proposer and personnel committed to the Contract

● Past experience in maximizing similar opportunities

● Response time for service calls

PART V(b)—COST FOR APPLIANCES

In this section provide complete pricing. WOU anticipates awarding a five-year contract with the possibility of one-year extensions.

3.2 cubic feet mini refrigerator, freezer, microwave combination units needed (see Exhibit A for specifications):

● Ackerman Hall: 213

● Barnum Hall: 40

● Butler Hall: 12

● Heritage Hall: 220

● Landers Hall: 153

● Spare Units: 6

Total: 644

900W stand alone microwaves units needed (see Exhibit B for specifications):

● Arbor Park Apartments: 54

● Spare Unit: 1

Total: 55

PART VI—PROPOSER CERTIFICATIONS

EACH BIDDER (PROPOSER) MUST READ AND COMPLY WITH THE FOLLOWING SECTIONS.

FAILURE TO DO SO MAY RESULT IN BID (PROPOSAL) REJECTION.

CERTIFICATION OF COMPLIANCE WITH TAX LAWS

By signature on this Contract, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Contractor and that Contractor is, to the best of the undersigned's knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a state tax imposed by ORS 401.792 to 401.816 and ORS chapters 118, 314, 316, 317, 318, 320, 321 and 323; the elderly rental assistance program under ORS 310.630 to 310.706;

and local taxes administered by the Department of Revenue under ORS 305.620.

FINANCIAL RESPONSIBILITY

WOU reserves the right to investigate and evaluate, at any time prior to award and execution of the

Contract, the apparent successful Proposer's financial responsibility to perform the Contract. Submission of a signed bid/proposal shall constitute approval for WOU to obtain any credit report information WOU deems necessary to conduct the evaluation. WOU shall notify the apparent successful Proposer, in writing, of any other documentation required, which may include, but need not be limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing;

bonding capacity and credit information. Failure to promptly provide this information shall result in bid/proposal rejection.

WOU may postpone the award or execution of the Contract after announcement of the…