VPA of Oregon - HR_Payroll Services RFP.pdf

VPA of Oregon – RFP for Virtual Charter School Human Resources and Payroll Services Page 1 of 19

VIRTUAL PREPARATORY ACADEMY

OF OREGON (“VPA OF OREGON”)

REQUEST FOR PROPOSALS (“RFP 2025-1”)

(ORS 279B.060)

FOR

VIRTUAL CHARTER SCHOOL HUMAN RESOURCES AND

PAYROLL SERVICES

(“HR AND PAYROLL SERVICES”)

Date of Issue: January 21, 2025

Closing Date and Time: March 10, 2025, 4:00 P.M.

Single Point of Contact (SPC): Tyson Carter, Principal for VPA of Oregon

Phone (541) 306-3720

E-mail (SPC): tcarter@vprepor.org

VPA of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 OVERVIEW AND PURPOSE

2.3 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROPOSAL REQUIREMENTS

3.1 GENERAL PROPOSAL CONTENT GUIDELINES

3.2 PROPOSAL SUBMISSION REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE AND ADDENDA

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3 SOLICITATION PROTESTS

4.4 PROPOSAL SUBMISSION

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6 PROPOSAL DUE

4.7 PUBLIC OPENING

4.8 PROPOSAL REJECTION

4.9 EVALUATION PROCESS

4.10 FINAL DETERMINATION

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

6.3 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.4 COST OF SUBMITTING A PROPOSAL

LIST OF ATTACHMENTS

ATTACHMENT A PRICE PROPOSAL FORM INSTRUCTIONS

ATTACHMENT B PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT C RESPONSIBILITY INQUIRY

ATTACHMENT D DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT E SAMPLE PROFESSIONAL SERVICES AGREEMENT

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

VIRTUAL PREPARATORY ACADEMY OF OREGON (“VPA OF OREGON”) SEEKS PROPOSALS FROM

QUALIFIED, RESPONSIBLE PROPOSERS AUTHORIZED TO DO BUSINESS IN THE STATE OF OREGON TO

PROVIDE VPA OF OREGON WITH COMPREHENSIVE VIRTUAL CHARTER SCHOOL HUMAN RESOURCES AND

PAYROLL SERVICES (“HR AND PAYROLL SERVICES”). VPA OF OREGON SEEKS A THREE (3) YEAR

CONTRACT PROPOSED TO BEGIN ON OR AROUND JULY 1, 2025 AND EXPIRE ON JUNE 30, 2028. VPA OF

OREGON EXPECTS THAT ANY PROPOSER SHARE VPA OF OREGON ’S VALUES OF HIGHLY ETHICAL CONDUCT, FISCAL RESPONSIBILITY, RESPECT FOR VPA OF OREGON’ MISSION AND PURPOSES, AND RESPONSIVENESS

TO THE NEEDS OF VPA OF OREGON, ITS STUDENTS, PARENTS, AND OTHER STAKEHOLDERS.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change through issued Addenda.

Event Date Time

Issuance of RFP January 21, 2025

Questions / Requests for Clarification Due February 10, 2025 5:00 PM

RFP Protest Period Ends February 10, 2025 5:00 PM

Addenda Deadline February 14, 2025 4:00 PM

Closing (Proposals Due) March 10, 2025 4:00 PM

Opening March 10, 2025 4:30 PM

Issuance of Notice of Intent to Award (approx.) March 25, 2025

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

VPA of Oregon is required to conduct procurements of goods and services in compliance with

VPA of Oregon – RFP for Virtual Charter School Human Resources and Payroll Services Page 4 of 19 relevant terms of the Oregon Public Contracting Code (ORS Chapters 279A and 279B), pursuant to ORS 338.115(1)(e). VPA of Oregon issues this RFP pursuant to its authority as a “local contracting agency,” as defined by ORS 279A.010(1)(p).

VPA of Oregon is using the Competitive Sealed Proposals method for this procurement, pursuant to ORS 279B.060 and OAR 137-047-0260.

2.2 OVERVIEW AND PURPOSE

2.2.1 VPA of Oregon Overview and Background

VPA of Oregon is a virtual public charter school operating in the third year of a five-year term Charter Agreement with the Prairie City School District. VPA of Oregon serves K-10 grades and features an innovative and interactive curriculum, fully aligned with Oregon State Standards, and taught by highly qualified Oregon state-certified teachers. VPA of Oregon employs 15 employees with annualized payroll of $650,000, which is expected to grow in subsequent years.

VPA of Oregon contracts with Accel Online West LLC for general management services including but not limited to curriculum and assessment, academic progress reporting, professional development, administrative facility management, equipment, technology and operational support services, management consulting, and student recruitment and admissions.

2.3 SCOPE OF WORK/SPECIFICATIONS

VPA of Oregon is seeking proposals from qualified and responsible proposers able to provide the HR and Payroll Services described by this Scope of Work. As further described in Section 3, responsive proposals will make a proposal regarding, at a minimum, each of the specific services outlined below (the “Scope of Work”), and Proposers must be able to demonstrate and describe in detail how all such services within the Scope of Work would be provided.

Responsive Proposals will be based on the following Scope of Work:

2.3.1 Staff- and Management-Facing HR Platform Management And Support

2.3.1.1 Provide access, management services, and technical support for comprehensive electronic HR platform for staff and school administration (“HR System”); and

2.3.1.2 HR System must include electronic onboarding and offboarding, employee benefits, and paid time off (“PTO”) management capabilities, as well as access to payroll and personnel information.

2.3.1.3 HR System must include talent acquisition tracking capabilities.

2.3.2 HR Support Services to VPA of Oregon Staff and Administration

2.3.2.1 Provide HR support to VPA of Oregon staff for personnel, payroll, and

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2.3.2.2 Provide HR support to VPA of Oregon administration in matters including employee performance management, employee discipline, and employee claims.

2.3.3 Payroll Services

2.3.3.1 Payroll administration and biweekly processing services, including audit and reconciliation, with payments processed one week in arrears, with every other Friday as a scheduled pay date;

2.3.3.2 Time and attendance tracking and support;

2.3.3.3 State and federal withholding and other tax recordkeeping issuance (e.g., W-2 issuance); and

2.3.3.4 Oregon PERS withholding, as applicable.

2.3.4 Employee Benefits and Insurance Administration

2.3.4.1 Consulting and selection assistance for VPA of Oregon in selecting employee benefits providers and benefit programs, including health insurance, workers compensation insurance, and employment practices liability insurance (EPLI). VPA of Oregon will retain final selection authority over benefits and insurance providers; and

2.3.4.2 Staff benefits coordination and support services for individual employees.

2.3.5 Transition

2.3.5.1 Provide for unbroken staff continuity with existing HR services and payroll administration, including data migration as needed.

2.3.5.2 Provide for unbroken staff continuity with any future HR services and payroll administration, including data migration as needed.

SECTION 3: PROPOSAL REQUIREMENTS

3.1 GENERAL PROPOSAL CONTENT GUIDELINES

A Responsive Proposal must address each of the elements listed in this section and all other requirements set forth in this RFP, in light of each specified service listed in the Scope of Work of Section 2.3. As appropriate, a Responsive Proposal shall describe the goods to be provided, the services to be performed, or both. A Proposal that merely offers to provide the

VPA of Oregon – RFP for Virtual Charter School Human Resources and Payroll Services Page 6 of 19 goods or services described in this RFP will be considered non-Responsive to this RFP, and will not be considered further.

A Proposal should not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. A Proposal should be straightforward and address directly the terms of the RFP. A Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific requested information is difficult to locate.

3.2 PROPOSAL SUBMISSION REQUIREMENTS

3.2.1 Proposal Elements

To be considered for evaluation, a Proposal must contain each of the following elements:

• Executive Summary (Mandatory)

• HR and Payroll Services Proposal (Mandatory) o Describe your company’s philosophy and approach to HR and payroll service delivery generally, focusing where possible on services to education providers;

o Describe your company’s approach to providing each of the desired services outlined in the Scope of Work, including implementation process and timeline, with an eye toward cost-efficiency and measurable outcomes;

o Describe your company’s unique attributes, qualifications, and experience in providing such services;

o Describe approach to security, encryption, connections with third-parties, and approach to business continuity and disaster recovery;

o Describe support services, including at minimum: new releases, enhancements, patches, bug fixes, ongoing maintenance, issue resolution, and support for changes to federal and Oregon laws and guidance. Describe customer service and technical support availability and available contact methods.

• Price Proposal Form (Attachment A; Mandatory) o The Price Proposal Form should be delivered with the Proposal as a separate PDF document title “RFP 2025-1 [Proposer] Price Proposal. The Price Proposal will be segregated from the rest of the Proposal, and evaluated as discussed in Section 4.9.2., below.

o For each service listed in the Scope of Work, state either (i) per employee and total per contract year price or (ii) markup percentage on hourly pay rate per employee for each deliverable, , as well as any additional fees and expenses proposed to be charged, including any prospective increases over the life of the Contract. Also provide a total Contract price and a proposed monthly payment schedule for the life of the Contract (See Attachment A).

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• Proposer Information and Certification Sheet (Attachment B; Mandatory)

• Responsibility Inquiry (Attachment C; Mandatory)

• Disclosure Exemption Affidavit (Attachment D; Optional; attach only if claiming exemptions)

• Provide a minimum three written client testimonials or references, or a combination thereof, concerning similar prior or current client service relationships. (Mandatory)

• Information Regarding Key Persons and Professional Biographies (Mandatory) o Provide an organizational chart showing current staff that would be directly responsible for the provision of services to VPA of Oregon outlined in the Scope of Work, and provide professional biographies for all such current personnel (not to exceed two pages each), including relevant work experience, and demonstrating familiarity and experience with relevant state and federal education laws.

3.2.2 Proposal Page Limits

A Proposal shall be limited to twenty-five (25) pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the 25-page limit:

• Proposer Information and Certification Sheet (Attachment B)

• Responsibility Inquiry (Attachment C)

• Disclosure Exemption Affidavit (Attachment D)

• Key Persons and Professional Biographies

• Testimonials/References

3.2.3 Proposal Format

A Proposal should follow the format and reference the sections listed in the Proposal Elements and Scope of Work sections. Responses to each element and service should be clearly labeled to indicate the item being addressed.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE AND ADDENDA

The RFP and all related attachments have been published for access through OregonBuys at https://oregonbuys.gov/bso/. The RFP and all related attachments can also be obtained by emailing the SPC. Hard copies of the RFP or related attachments will not be mailed to prospective Proposers.

Modifications, if any, to this RFP or related attachments will be made by written Addenda published through OregonBuys. Prospective Proposers are responsible for checking

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OregonBuys to determine whether or not any Addenda have been issued. In addition, Prospective Proposers known by VPA of Oregon to have received a complete set of the RFP documents will receive notification when Addenda are posted. All Addenda, if any, are hereby incorporated into this RFP by this reference.

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via email;

• Identify the Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e., page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule herein.

4.3 SOLICITATION PROTESTS

4.3.1 Protests to RFP

Any prospective Proposer may submit a written protest of anything contained in this RFP, including but not limited to, the RFP process and the Scope of Work. This is a prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda to the RFP as provided below.

4.3.2 Protests to Addenda

Any prospective Proposer may submit a written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by 5 p.m. Pacific Time of the second Business Day after issuance, or the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

4.3.3 All Protests must:

• Be delivered to the SPC via email;

• Identify the prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based;

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• State the proposed changes to the RFP provisions or other relief sought;

• Protests to the RFP must be received by the due date and time identified in the Schedule; and

• Protests to Addenda must be received by the due date identified in this RFP or in the respective Addendum.

4.4 PROPOSAL SUBMISSION

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements. A Proposal submitted by any means not authorized below will be rejected. The following delivery option is permitted for this RFP:

Delivery through Email

A Proposal must be delivered through email and must be received prior to Closing. The subject line of the email must clearly identify the Proposer’s name and the RFP number. It must be sent to the SPC at the email address listed on the cover page of this RFP.

The Proposer Information and Certification Sheet (Attachment B) must be completed, and bear the Proposer’s authorized representative’s Signature. Failure of the authorized representative to sign a delivered Proposal may subject the Proposal to rejection by VPA of Oregon .

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment D). Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version, in addition to the above-required copies.

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, it must submit its modification in accordance with the authorized method listed in the Proposal Delivery Options section. To be effective the notice must include the RFP name and be submitted to the SPC prior to Closing.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a written notice on Proposer’s letterhead signed by an authorized representative of its intent to withdraw to the SPC via email prior to Closing. To be effective the notice must include the RFP name.

4.6 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Closing. All Proposal modifications or withdrawals must be received prior to Closing.

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A Proposal, modification, or withdrawal received after Closing is considered LATE and will NOT be accepted for evaluation, except as permitted in OAR 137-047-0470 or 137-047-0261.

4.7 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule via Microsoft Teams:

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Only the name of the Proposer will be read at the Opening; no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued.

4.8 PROPOSAL REJECTION

VPA of Oregon may reject a Proposal for any of the following reasons:

• The Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• The Proposer fails to meet the responsibility requirements of ORS 279B.110.

• The Proposer makes any contact regarding this RFP with VPA of Oregon representatives, officers, employees, or board members other than the SPC or those the SPC authorizes, or has inappropriate contact with the SPC.

• The Proposer attempts to influence a member of the Evaluation Committee.

4.9 EVALUATION PROCESS

4.9.1 FIRST LEVEL - Responsiveness and Responsibility determination

4.9.1.1 Responsiveness determination

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements stated herein. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE4N2NmMjYtNGNlOC00OTMyLWFjMWMtMTE1Yjk5Yjc5MGRi%40thread.v2/0?context=%7b%22Tid%22%3a%224f48161d-d972-4dbb-8374-0fd5b53a0be7%22%2c%22Oid%22%3a%22c025a7ff-57a4-4bf1-9929-2e008f409c7f%22%7d tel:+15405665080,,590751106 https://dialin.teams.microsoft.com/b1a698ca-74b1-41a7-9825-050b947e9fb5?id=590751106 https://teams.microsoft.com/meetingOptions/?organizerId=c025a7ff-57a4-4bf1-9929-2e008f409c7f&tenantId=4f48161d-d972-4dbb-8374-0fd5b53a0be7&threadId=19_meeting_NDE4N2NmMjYtNGNlOC00OTMyLWFjMWMtMTE1Yjk5Yjc5MGRi@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

VPA of Oregon – RFP for Virtual Charter School Human Resources and Payroll Services Page 11 of 19 non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal will be rejected.

4.9.1.2 Responsibility determination

VPA of Oregon will determine if an apparent successful Proposer is “responsible,” as that term is used in the Oregon Public Contracting Code, prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment C) with a Proposal. At any time prior to award or contract execution, VPA of Oregon may reject a Proposer found not to be responsible.

4.9.2 SECOND LEVEL – Written Proposal Evaluation

Each Proposal meeting all responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee number and members will be determined and assigned in the sole discretion of VPA of Oregon, and may be subject to change.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Evaluators will evaluate and assign in their discretion a score for the Evaluation Criteria of each responsive Proposal, up to the maximum listed below for each element:

Price Proposals shall be opened and scored on the following basis, for a total maximum Proposal score of 100:

• Proposer with the lowest total Price Proposal will receive 20 points.

• Proposer with the second lowest total Price Proposal will receive 10 points.

TOTAL POINTS POSSIBLE: 100

EVALUATION CRITERIA Maximum Score

Executive Summary 5

HR and Payroll Services Proposal

Service delivery philosophy 10

Service delivery approach 10

Proposer experience and qualifications 20

System and Data Security 10

System Support, Maintenance and Updates 10

Key Personnel and Professional Biographies 10

Testimonial/References 5

Price Proposal 20

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• Proposer with the third lowest total Price Proposal will receive 5 points.

• All other Proposers will receive 0 points.

Based on the above scoring rubric, the Evaluation Committee shall score each of the responsive Proposals and present the SPC with their scoring worksheets

4.10 FINAL DETERMINATION

At the conclusion of Proposal evaluation, the SPC will rank the Proposals in order of high score and determine the Proposal with the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

VPA of Oregon, if it awards a Contract, shall award a Contract to the responsible Proposer whose Proposal VPA of Oregon determines is the most advantageous to the School based on the evaluation process and evaluation factors described in Section 4. In VPA of Oregon’s sole discretion, VPA of Oregon may award less than the full Scope of Work defined in this RFP, or may determine not to award the Contract to any Proposer, if VPA of Oregon determines no award to be in its best interests.

5.1.2 Intent to Award Notice

VPA of Oregon will notify all Proposers in writing that VPA of Oregon intends to award a Contract to the selected Proposer(s) subject to successful Contract negotiations.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have seven (7) calendar days from the date of the Intent to Award notice to file a written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for a Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive;

• VPA of Oregon has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP;

• VPA of Oregon abused its discretion in rejecting the protestor’s Proposal as non- Responsive; or

• VPA of Oregon’s evaluation of Proposal or determination of award otherwise violates

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ORS Chapter 279B or ORS Chapter 279A.

If VPA of Oregon receives only one Proposal, VPA of Oregon may elect to dispense with the evaluation process and Intent to Award protest period and proceed directly with Contract Negotiations and award with the sole Proposer.

5.2.1.1 Protests must:

• Be delivered to the SPC via email

• Reference the RFP number

• Identify Proposer’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

5.2.2 Response to Protest

VPA of Oregon will address all timely submitted protests within a reasonable time and will issue a written decision to the respective Proposer. Protests that do not include the required information may not be considered by VPA of Oregon.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by VPA of Oregon or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.2 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.3 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to VPA of Oregon a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.4 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by their Signature on Attachment B - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.5 Pay Equity Compliance

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles VPA of Oregon to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, VPA of Oregon may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees (1) to comply with the requirements of the RFP, and (2) that all proposed terms of service provision of a Proposal, and the prices listed on a submitted Price Proposal Form, shall constitute a final and binding offer of Proposer throughout the duration of Contract negotiations.

In the event that the parties have not reached mutually agreeable terms within seven (7)

VPA of Oregon – RFP for Virtual Charter School Human Resources and Payroll Services Page 15 of 19 calendar days of commencement of negotiations (as determined by the Procurement Schedule contained herein), VPA of Oregon, at its discretion, may terminate negotiations and commence Contract negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Grant County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by VPA of Oregon of any form of defense or immunity, or as consent to the jurisdiction of any court.

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after VPA of Oregon issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to this RFP become the property of VPA of Oregon. By submitting a Proposal in response to this RFP, Proposer grants to VPA of Oregon a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

6.3 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, VPA of Oregon may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of VPA of Oregon, as determined by VPA of Oregon. VPA of Oregon shall not be liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

6.4 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

ATTACHMENT A – PRICE PROPOSAL FORM INSTRUCTIONS

56043-80272 4921-4409-0888.3

ATTACHMENT A

PRICE PROPOSAL FORM INSTRUCTIONS

Create and include with the Proposal a Price Proposal document itemizing the cost for each service listed in the Scope of Work. Show either (i) the per-employee pricing and total per contract year price or (ii) markup percentage on hourly pay rate per employee for each proposed deliverable, including any additional fees and expenses proposed to be charged. Please note and account for any pricing variations based on proposed service add-ons or service alternatives, and account for and explain any prospective price increases over the life of the Contract.

Finally, also provide a total Contract price, and a proposed monthly payment schedule over the life of the Contract.

ATTACHMENT B– PROPOSER INFORMATION AND CERTIFICATION SHEET Page 1 of 3

ATTACHMENT B

PROPOSER INFORMATION AND CERTIFICATION SHEET

Legal Name of Proposer:

Address: City, State, Zip:

State of Incorporation: Entity Type:

Contact Name: Telephone: Email:

Oregon Business Registry Number (if required):

Any individual signing below hereby certifies they are an authorized representative of Proposer and that:

1. Proposer understands and accepts the requirements of this RFP. By submitting a Proposal, Proposer agrees to be bound by the Contract terms and conditions in Attachment E and as modified by any Addenda, except for those terms and conditions that Agency has reserved for negotiation, as identified in the RFP.

2. Proposer acknowledges receipt of any and all Addenda to this RFP.

3. Proposal is a Firm Offer for 60 days following the Closing.

4. If awarded a Contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract.

5. I have knowledge regarding Proposer’s payment of taxes and by signing below I hereby certify that, to the best of my knowledge, Proposer is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

6. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Proposer does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. If applicable, Proposer has, or will have prior to contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112 (formerly HB 3060), of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class. VPA of Oregon may not enter into a contract with an anticipated contract price of $150,000 or more with a Proposer that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information and sample policy template.

ATTACHMENT B– PROPOSER INFORMATION AND CERTIFICATION SHEET Page 2 of 3

7. Proposer complies with ORS 652.220 and does not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

Contractor’s continuing compliance constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

8. Proposer is not engaged in the provision of broadband Internet access service, or if at any time Proposer is engaged in or may engage in the provision of broadband Internet access service Proposer is in compliance with Oregon Laws 2018, Chapter 88 (HB 4155) and applicable Public Utility Commission rules, and will remain in compliance throughout the term of the Contract.

9. Proposer and Proposer’s employees, agents, and subcontractors are not included on:

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:

https://www.treasury.gov/ofac/downloads/sdnlist.pdf., or

B. the government wide exclusions list in the System for Award Management found at:

https://www.sam.gov/portal/

10. Proposer certifies that, to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of VPA of Oregon, on the other hand, arising out of, or relating in any way to, the subject matter of the RFP. If any changes occur with respect to Proposer’s status regarding conflict of interest, Proposer shall promptly notify VPA of Oregon in writing.

11. Proposer certifies that all contents of the Proposal (including any other forms or documentation, if required under this RFP) and this Proposal Certification Sheet are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.

12. Proposer understands that any statement or representation it makes, in response to this RFP, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

ATTACHMENT B– PROPOSER INFORMATION AND CERTIFICATION SHEET Page 3 of 3

13. Proposer acknowledges these certifications are in addition to any certifications required in the Contract and Statement of Work in Attachment E at the time of Contract execution.

14. 15.

Authorized Signature Date

16. 17. 18.

(Printed Name and Title)

19. 20.

ATTACHMENT C– RESPONSIBILITY INQUIRY Page 1 of 3

ATTACHMENT C - RESPONSIBILITY INQUIRY

VPA of Oregon will determine responsibility of a Proposer prior to award and execution of a Contract. In addition to this form, Agency may notify Proposer of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

1. Does Proposer have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Proposer to meet all contractual responsibilities? YES / NO

2. Within the last five years, how many contracts of a similar nature has Proposer completed that, to the extent that the costs associated with and time available to perform the contract remained within Proposer′s control, Proposer stayed within the time and budget allotted, and there were no contract claims by any party? Number: ____

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

3. Within the last three years has Proposer (incl. a partner or shareholder owning 10% or more of Proposer’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:

• obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract,

• violation of federal or state antitrust statutes relating to the submission of bids or Proposals, or

• embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES / NO .

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

Response:

4. Within the last three years, has Proposer had:

• any contracts terminated for default by any government agency, or

• any lawsuits filed against it by creditors or involving contract disputes? YES /

ATTACHMENT C– RESPONSIBILITY INQUIRY Page 2 of 3

NO .

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

5. Does Proposer have any outstanding or pending judgments against it? YES / NO .

Is Proposer experiencing financial distress or having difficulty securing financing? YES / NO

Does Proposer have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES / NO

If "YES” on the first question or second question, or “NO” on the third question, please provide additional details.

Response:

6. Within the last three years, has Proposer filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES / NO .

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

7. Does Proposer have all required licenses, insurance and/or registrations, if any, and is Proposer legally authorized to do business in the State of Oregon? YES /NO .

If "NO," please explain.

Response:

8. Pay Equity Certificate. This certificate is required if Proposer employs 50 or more full-time workers and the prospective contract price is estimated to exceed $500,000. [This requirement does not apply to architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services contracts.] Does a current authorized representative of Proposer possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services? YES / NO / N/A . [If the certificate was provided with the Bid or Proposal submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” or “see Proposal” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

Response:

ATTACHMENT C– RESPONSIBILITY INQUIRY Page 3 of 3

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Proposer certifies to the best of his or her knowledge and belief that the responses provided on this form are complete, accurate, and not misleading.

Proposer Name: RFP:

Project Name:

Authorized Signature Date

Print Name Title

ATTACHMENT D– DISCLOSURE EXEMPTION AFFIDAVIT Page 1 of 3

ATTACHMENT D — DISCLOSURE EXEMPTION AFFIDAVIT

____________________ (Affiant), being first duly sworn under oath, and representing ____________________ (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about ____________________ (the “Proposal”), to Virtual Preparatory Academy of Oregon in response to Request for Proposals #2025-1, for Virtual Charter School Human Resources and Payroll Services, and I am familiar with the contents of the RFP and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information is exempt from disclosure under Oregon’s Public Records Law under the specifically designated sections as set forth in Exhibit A or constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

i. is not patented,

ii. is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts,

iii. has actual or potential commercial value, and

iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

or

B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

ATTACHMENT D– DISCLOSURE EXEMPTION AFFIDAVIT Page 2 of 3

i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Affiant’s Signature

State of ___________)

) ss:

County of ________)

Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of _________________

My Commission Expires: _________

Page 1 – Professional Services Agreement – HR and Payroll Services

EXHIBIT A TO ATTACHMENT D

Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s):

Page 2 – Professional Services Agreement – HR and Payroll Services

ATTACHMENT E

PROFESSIONAL SERVICES AGREEMENT

This PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is made and entered into by and between Virtual Preparatory Academy of Oregon, an Oregon non-profit corporation and public charter school operating pursuant to ORS Chapter 338 (“VPA of Oregon” or the “School”), and ___________________, a/an ___________________ (“Contractor”), collectively, the “Parties” and each a “Party”.

RECITALS

A. VPA of Oregon is authorized to operate a public virtual charter school by the

Prairie City School District (the “Authorizer”), pursuant to the School’s current charter agreement with Authorizer, expiring October 31, 2027, as well as ORS Chapter 338 and other applicable law.

B. The School desires to engage a contractor to provide HR and Payroll Services

(“Services” as further identified and defined herein). To that end, VPA of Oregon issued RFP

2025-1 for the Services on _________________, and conducted a public procurement process for the Services pursuant to ORS Chapters 279A and 279B (the “RFP”).

C. Contractor submitted a timely and responsive proposal on or before

_____________, in response to the RFP.

D. After an evaluation process conducted pursuant to the terms of the RFP, VPA of

Oregon determined Contractor to be the highest ranking Responsible Proposer to the RFP.

E. VPA of Oregon and Contractor are entering into this Agreement to set forth the obligations and duties of each Party with respect to the provision of Services by Contractor to the

School.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties mutually agree to be bound as follows:

AGREEMENT

1. Engagement. The School hereby engages Contractor, and Contractor hereby accepts such engagement, to provide the Services.

2. Agreement Documents. The following documents, all terms and conditions of which are hereby incorporated by reference, collectively comprise the Agreement:

2.1 This Agreement;

2.2 Statement of Services (“SOS”), attached hereto as Exhibit A;

2.3 Pricing Schedule, attached hereto as Exhibit B;

2.4 Insurance Requirements, attached hereto as Exhibit C;

Page 3 – Professional Services Agreement – HR and Payroll Services

2.5 Contractor’s Key Person Designations, attached hereto as Exhibit D;

2.6 VPA of Oregon’s Key Person Designations, attached hereto as Exhibit E;

2.7 VPA of Oregon’s RFP 2025-1 for HR and Payroll Services and all addenda, exhibits, schedules, and attachments thereto, whether originally or later issued; and

2.8 Contractor’s Proposal, including the Pricing Proposal, submitted in response to

RFP 2024-1, and all addenda, exhibits, schedules, and attachments…