Track Resurfacing

Track Resurfacing

RFP 2023_BAKER SD_07072023 – Resurface Track
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BAKER SCHOOL DISTRICT 5J

COVER PAGE

RESURFACE TRACK
Request for Proposal (RFP)
2023_BAKER SD_07072023
Date of Issue: July 7, 2023
Closing Date and Time: August 8, 2023, at 4:00 PM
Single Point of Contact (SPC): Curtis Dunn
Address 2090 4th Street
City, State, Zip Baker City, OR 97814
Phone (voice) (541) 524-2260
E-mail curtis.dunn@bakersd.org

The State 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 ............................................................................................................... 5
1.1 INTRODUCTION .......................................................................................................................................... 5
1.2 SCHEDULE ..................................................................................................................................................... 5
1.3 SINGLE POINT OF CONTACT (SPC) ..................................................................................................... 5
SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE ...................................................................................... 5
2.1 AUTHORITY AND METHOD .................................................................................................................... 5
2.2 DEFINITION OF TERMS ............................................................................................................................ 5
2.3 OVERVIEW AND PURPOSE ..................................................................................................................... 6
2.4 SCOPE OF WORK/SPECIFICATIONS .................................................................................................... 6
SECTION 3: PROCUREMENT REQUIREMENTS ............................................................................................... 7
3.1 MINIMUM QUALIFICATIONS ................................................................................................................. 7
3.2 MINIMUM SUBMISSION REQUIREMENTS ........................................................................................ 7
3.3 PROPOSAL REQUIREMENTS .................................................................................................................. 8
SECTION 4: SOLICITATION PROCESS ................................................................................................................. 9
4.1 PUBLIC NOTICE ........................................................................................................................................... 9
4.2 PRE-PROPOSAL CONFERENCE ............................................................................................................. 9
4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS .......................................................................... 9
4.4 SOLICITATION PROTESTS .................................................................................................................... 10
4.5 PROPOSAL DELIVERY OPTIONS ......................................................................................................... 10
4.6 PROPOSAL MODIFICATION OR WITHDRAWAL ........................................................................... 11
4.7 PROPOSAL DUE ......................................................................................................................................... 11
4.8 PUBLIC OPENING ...................................................................................................................................... 11
4.9 PROPOSAL REJECTION ........................................................................................................................... 12
4.10 EVALUATION PROCESS .......................................................................................................................... 12
4.11 POINT AND SCORE CALCULATIONS ................................................................................................. 13
4.12 RANKING OF PROPOSERS ..................................................................................................................... 14
SECTION 5: AWARD AND NEGOTIATION ....................................................................................................... 14
5.1 AWARD NOTIFICATION PROCESS ..................................................................................................... 14
5.2 INTENT TO AWARD PROTEST ............................................................................................................ 14
5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS ................................. 15
5.4 CONTRACT NEGOTIATION ................................................................................................................... 16
SECTION 6: ADDITIONAL INFORMATION ...................................................................................................... 16
6.1 CERTIFIED FIRM PARTICIPATION .................................................................................................... 16
6.2 GOVERNING LAWS AND REGULATIONS ......................................................................................... 17

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6.3 OWNERSHIP/PERMISSION TO USE MATERIALS ........................................................................ 17
6.4 CANCELATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES ..................................... 17
6.5 COST OF SUBMITTING A PROPOSAL ................................................................................................ 17
6.6 STATEWIDE E-WASTE/RECOVERY POLICY .................................................................................. 18
6.7 RECYCLABLE PRODUCTS ...................................................................................................................... 18
6.8 CHECKLIST DISCLAIMER....................................................................................................................... 18

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LIST OF ATTACHMENTS
ATTACHMENT A: COST PROPOSAL FORM
ATTACHMENT B: PROPOSER INFORMATION AND CERTIFICATION SHEET
ATTACHMENT C: RESPONSIBILITY INQUIRY
ATTACHMENT D: CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN
ATTACHMENT E: DISCLOSURE EXEMPTION AFFIDAVIT
ATTACHMENT F: CHECKLIST
ATTACHMENT G: AERIAL PHOTO

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SECTION 1: GENERAL INFORMATION
1.1 INTRODUCTION
The Baker School District 5J, ("District"), is issuing this Request for Proposal for delivery of
resurfacing the track, long jump and pole vault areas at the Baker High School.
Additional details on the Scope of the services are included in the Scope of
Work/Specifications section.
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. N/A denotes that event is not applicable to this
RFP.
Event Date Time
Questions / Requests for Clarification Due July 14, 2023 4:00 PM
Answers to Questions / Requests for
Clarification Issued (approx.)
July 21, 2023
RFP Protest Period Ends 7 Calendar Days Prior to RFP
Closing
Closing (Proposal Due) See RFP Cover Page
Opening of Proposal August 8, 2023 4:00 PM
Issuance of Notice of Intent to Award (approx.) August 9, 2023
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
District is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-
0170(2).
District is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and
OAR 125-247-0260. District may use a combination of the methods for Competitive Sealed
Proposals, including optional procedures: a) Competitive Range; b) Discussions and
Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final
Offers; and f) Multistep Sealed Proposals.
2.2 DEFINITION OF TERMS

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For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110.
2.3 OVERVIEW AND PURPOSE
2.3.1 Project Overview, Background, and Purpose
District is requesting proposals for delivery of the resurfacing of the track, long jump and
pole vault areas at the Baker High School located at 2500 E Street, Baker City OR 97814.
Resurfaced areas must be completed by March 1, 2024.
Contractor is to provide all equipment, materials, and labor to complete the following Scope
of Work:
2.4 SCOPE OF WORK/SPECIFICATIONS
2.4.1 General
Proposer to provide all required trade permits, labor, materials, equipment, transportation
and track lines/event markings.
The Oregon BOLI Prevailing Wage Rates applicable to this project are the rates in effect at
the time construction begins, either through an amendment establishing early work or an
amendment establishing a guaranteed maximum price (“GMP”), whichever occurs first.
Those rates will then apply throughout the project.
Proposer agrees to repair any indentations or ruts in athletic field as well as any damage to
irrigation during site prep and resurfacing.
2.4.2 Site Preparation
Proposer to clean the existing track asphalt prior to installing new track surface and
remove long jump, pole vault asphalt and pole vault pad.
Pole Vault - Excavate 120’ x 4’ at 2’ in depth. Bring back up with ¾ minus compacted to rock
grade. Concrete will be 5” thick with rebar.
Pole Vault Pad – Excavate 22’ x 24’ at 2’ in depth. Bring back up with ¾ minus compacted to
rock grade. Concrete will be 5” thick with rebar.
Long Jump - Excavate 280’ x 4’ at 2’ in depth. Bring back up with ¾ minus aggregate
compacted to rock grade. Concrete will be 5” thick with rebar. Long jump
Long Jump Footing for Sand Pit -- Excavate and construct a 10’ x 24’ footing and wall at 30”.
Walls and footing to include rebar.

2.4.3 Resurfacing
Contractor to supply all labor and materials.
Track resurfacing area – 53,010 square feet which includes track which includes 8 lanes,
long jump, javelin, pole vault and pole vault pad. Reference Aerial photo – attachment G.

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SECTION 3: PROCUREMENT REQUIREMENTS
3.1 MINIMUM QUALIFICATIONS
To be considered for evaluation, Proposal must demonstrate how Proposer meets all
requirements of this section:
3.2 MINIMUM SUBMISSION REQUIREMENTS
3.2.1 Proposal Submissions
To be considered for evaluation, Proposal must contain each of the following elements
(further detailed in Proposal Requirements section below):
• Description of Proposal
• Service Level Agreement
• Timeline
• Demarcation
• Sample Contract
• References
• Cost Proposal Form (Attachment A)
• Proposer Information and Certification Sheet (Attachment B)
• Responsibility Inquiry (Attachment C)
• Certified Disadvantaged Business Outreach Plan (Attachment D)
3.2.2 Proposal Page Limits
Proposal is limited to 50 pages. Any pages exceeding this limit will not be provided to the
evaluation committee or considered in the evaluation. The RFP Attachments listed in the
Proposal Submissions section do not count toward the page limit.
3.2.3 Proposal Format and Quantity
Proposal should follow the format and reference the sections listed in the Proposal
Requirements section. Responses to each section and subsection should be labeled to
indicate the item being addressed.
Proposer shall submit an electronic copy or a hard copy on white 8 ½” x 11” Recycled
Paper. The total combined size of the Proposal and Coversheet should be compressed so it
does not exceed 50 megabytes.
The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s
authorized representative’s Signature. If Proposer believes any of its Proposal is exempt
from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505),
Proposer shall submit a fully redacted version of its Proposal, clearly identified as the
redacted version.

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Proposer’s electronic copy of the Proposal submitted via email or on USB drive, DVD, or CD
must be formatted using Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel
(xlsx).
Proposer shall submit its hard copy Proposal in a sealed package addressed to the SPC with
the Proposer’s name and the RFP number clearly visible on the outside of the package.
3.2.4 Authorized Representative
Failure of the authorized representative to sign the Proposal may subject the Proposal to
rejection by District.
3.3 PROPOSAL REQUIREMENTS
Proposal must address each of the items listed in this section and all other requirements set
forth in this RFP. Proposer shall describe the Services to be performed. A Proposal that
merely offers to provide the services as stated in this RFP may be considered non-
Responsive to this RFP and will not be considered further.
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. Proposal should be straightforward and
address the requests of the RFP. Proposal containing unsolicited marketing or advertising
material may receive a lower evaluation score if required information is difficult to locate.
3.4 PROPEROSER INFORMATION AND CERTIFICATION SHEET
Proposer shall complete and submit the Proposer Information and Certification Sheet
(Attachment B).
Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer
Information and Certification Sheet may result in a finding of non-Responsibility.
3.4.1 Description of Proposal
Proposer will provide a description of their proposal for all services and solutions.
Description will include an overview of the proposal, any deviations from the requested
architecture, design or requirements, assumptions made, and other detail District may find
useful or necessary (or could differentiate the solution from a competing proposal).
3.4.2 Service Level Agreement
Proposer will provide a proposed Service Level Agreement (SLA) with the RFP response.
The proposal must include description of products and services, point of contact for the
District’s concerns, and a metrics by which the District can monitor and approve the work.
3.4.3 Timeline
Proposer must include a timeline for site preparation and resurfacing. Proposer must
include explanation of how this timeline shifts if the completion date cannot be met.
3.4.4 Sample Contract

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Proposer shall submit a sample Contract for District review.
3.4.5 References
Provide 3 references from current or former customers for similar projects performed for
any clients within the last 5 years. References must be able to verify the quality of previous,
related work.
District may check to determine if references provided support Proposer’s ability to comply
with the requirements of this RFP. District may use references to obtain additional
information, or verify any information needed. District may contact any reference
(submitted or not) to verify Proposer’s qualifications.
Proposer shall submit reference names and contact information.
3.4.6 Cost Proposal Form
Proposer shall complete and submit the Cost Proposal Form (Attachment A).
3.4.7 Special Construction Pricing
Proposer shall complete and submit the Special Construction Worksheet (Attachment B) if
special construction is necessary.
3.4.8 Proposer Information and Certification Sheet
Proposer shall complete and submit the Proposer Information and Certification Sheet
(Attachment B).
Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer
Information and Certification Sheet may result in a finding of non-Responsibility.
SECTION 4: SOLICITATION PROCESS
4.1 PUBLIC NOTICE
The RFP and attachments are published in the State of Oregon’s electronic procurement system
OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective
Proposers.
Modifications, if any, to this RFP will be made by written Amendment(s) published in
OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to
determine whether or not any Amendment(s) have been issued. Amendment(s) are
incorporated into the RFP by this reference.
4.2 PRE-PROPOSAL CONFERENCE
A pre-Proposal conference will not be held for this RFP.
4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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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 or hard copy
• Reference the RFP number
• Identify 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
4.4 SOLICITATION PROTESTS
4.4.1 Protests to RFP
Prospective Proposer may submit a Written protest of anything contained in this RFP. This
is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that
Proposer may protest Amendment(s) as provided below.
4.4.2 Protests to Amendment(s)
Prospective Proposer may submit a Written protest of anything contained in an
Amendment. Protests to an Amendment, if issued, must be submitted by 4:00 PM Pacific
Time on the second Business Day following the issuance of the Amendment or the
date/time specified in the Amendment, or they will not be considered. Protests of matters
not added or modified by the Amendment will not be considered.
4.4.3 Protest Requirements
All protests must:
• Be delivered to the SPC via email or hard copy
• Reference the RFP number
• Identify 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
• 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
• Protests to an Amendment must be received by the due date identified in the
respective Addendum
4.5 PROPOSAL DELIVERY OPTIONS

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Proposer is solely responsible for ensuring its Proposal is received by the SPC in
accordance with the RFP requirements before Closing. District is not responsible for any
delays in mail or by common carriers or by transmission errors or delays, or for any mis-
delivery for any reason. A Proposal submitted by any means not authorized below will be
rejected. The following delivery options are permitted for this RFP:
4.5.1 Electronic Delivery
A Proposal may be delivered through email directly to the SPC as listed on the Cover Page
and must be clearly labeled.
4.5.2 Delivery through Mail or Parcel Carrier
A Proposal may be submitted through the mail or via parcel carrier and must be clearly
labeled and submitted in a sealed envelope, package, or box. The outside of the sealed
submission must clearly identify the Proposer’s name and the RFP number. It must be sent
to the attention of the SPC at the address listed on the Cover Page.
4.5.3 Delivery in Person
A Proposal may be hand delivered and must be clearly labeled and submitted in a sealed
envelope, package, or box. A Proposal will be accepted, prior to Closing, during District’s
normal Monday - Friday business hours of 7:30 AM to 4:30 PM Pacific Time, except during
State of Oregon holidays and other times when District is closed. The outside of the sealed
submission must clearly identify the Proposer’s name and the RFP number. It must be
delivered to the attention of the SPC at the address listed on the Cover Page.
4.6 PROPOSAL MODIFICATION OR WITHDRAWAL
If a Proposer wishes to make modifications to a submitted Proposal, it must submit its
modification in one of the authorized methods listed in the Proposal Delivery Options
section. To be effective the notice must include the RFP number and be submitted to the
SPC prior to Closing.
If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice
signed by an authorized representative of its intent to withdraw to the SPC via email or
hard copy prior to Closing in accordance with OAR 125-247-0440. To be effective the
notice must include the RFP number.
4.7 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.
A Proposal received after Closing is considered LATE and will NOT be accepted for
evaluation. A late Proposal will be returned to the Proposer or destroyed.
4.8 PUBLIC OPENING

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A public Opening will be held on the date and time listed in the Schedule and at the location
stated on the Cover Page. 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 pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION
District may reject a Proposal for any of the following reasons:
• 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.
• Proposer has liquidated and delinquent debt owed to the State or any department or
agency of the State.
• Proposer fails to meet the responsibility requirements of ORS 279B.110.
• Proposer makes any contact regarding this RFP with State representatives such as
State employees or officials other than the SPC or persons authorized by the SPC, or
inappropriate contact with the SPC.
• Proposer attempts to influence a member of the Evaluation Committee.
• Proposal is conditioned on District’s acceptance of any other terms and conditions
or rights to negotiate any alternative terms and conditions that are not reasonably
related to those expressly authorized for negotiation in the RFP or Amendment(s).
4.10 EVALUATION PROCESS
4.10.1 Responsiveness and Responsibility Determination
4.10.1.1 Responsiveness Determination
A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all
RFP requirements including compliance with Minimum Qualifications section and
Minimum Submission Requirements section. If the Proposal is unclear, the SPC may
request clarification from Proposer. However, clarifications may not be used to rehabilitate
a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal
may be rejected, however, District may waive mistakes in accordance with OAR 125-247-
0470.
4.10.1.2 Responsibility Determination
District will determine if an apparent successful Proposer is Responsible prior to award
and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility
Inquiry form (Attachment D) within 5 Business Days of receipt of Intent to Award notice.
At any time prior to award, District may reject a Proposer found to be not Responsible.
4.10.2 Evaluation Criteria

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Each Proposal meeting all Responsiveness requirements will be independently evaluated
by members of an Evaluation Committee. Evaluators will assign a score for each evaluation
criterion listed below in this section up to the maximum points available in the Point and
Score Calculation section.
SPC may request further clarification to assist the Evaluation Committee in gaining
additional understanding of 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.
SCORE EXPLANATION
10
OUTSTANDING - Response meets all the requirements and has demonstrated in
a clear and concise manner a thorough knowledge and understanding of the
subject matter and project. The Proposer provides insight into its expertise,
knowledge, and understanding of the subject matter.
6 - 9
VERY GOOD - Response provides useful information, while showing experience
and knowledge within the category. Response demonstrates above average
knowledge and ability with no apparent deficiencies noted.
5
ADEQUATE - Response meets all requirements in an adequate manner.
Response demonstrates an ability to comply with guidelines, parameters, and
requirements with no additional information put forth by the Proposer.
1 - 4 FAIR - Proposer meets minimum requirements but does not demonstrate
sufficient knowledge of the subject matter.
0
RESPONSE OF NO VALUE - An unacceptable response that does not meet the
requirements set forth in the RFP. Proposer has not demonstrated knowledge
of the subject matter.
4.10.2.1 Ability to Support Requirements
Did the Proposer demonstrate the ability to fulfill the requirements per the RFP?
Did the Proposer provide a detailed project plan demonstrating the construction timeline
and service availability?
4.10.2.2 Proposed Contract Terms & Conditions
Are the proposed contract terms and conditions flexible and acceptable to the District?
4.10.2.3 References
Did the Proposer submit complete contact information for the required number of
references?
How well would the references recommend the Proposer?
4.10.2.4 Proposal Completion
Is the Proposal complete and in compliance with the instructions and requirements as
stated in the RFP with minimal corporate boilerplate marketing information?
4.10.3 Eligible Cost Evaluation

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4.11 POINT AND SCORE CALCULATIONS
Scores are the points assigned by each evaluator. The maximum points possible for each
evaluation item are listed in the table below. The SPC will average all scores for each
evaluation criterion. Cost points are calculated as stated in the Cost Evaluation section.
POINTS POSSIBLE
Ability to Support Requirements 30
Proposed Contract Terms & Conditions 15
Product and Service Cost 30
References 10
Proposal Completion 15
TOTAL POINTS POSSIBLE 100
4.12 RANKING OF PROPOSERS
The SPC will average the scores for each Proposal (calculated by totaling the points
awarded by each Evaluation Committee member and dividing by the number of members).
District will rank all Proposers at the conclusion of the evaluation and scoring.
SECTION 5: AWARD AND NEGOTIATION
5.1 AWARD NOTIFICATION PROCESS
5.1.1 Award Consideration
District, if it awards a Contract, shall award a Contract to the highest-ranking Responsible
Proposer(s) based upon the scoring methodology and process described in the Solicitation
Process section. District may award less than the full Scope defined in this RFP.
5.1.2 Intent to Award Notice
District will notify all Proposers in Writing that District intends to award a Contract to the
selected Proposer(s) subject to successful negotiation of any negotiable provisions.
5.1.3 Required Notice to Proceed and Funding Availability
District will follow the purchasing policies of the District Board, State procurement laws
and regulations. The implementation of any associated Contracts resulting from this
competitive bid process will be dependent on District's issuance of a written Notice to
Proceed. The District will have the right to allow any associated Contracts to expire without
implementation if appropriate funding does not come available..
5.2 INTENT TO AWARD PROTEST
5.2.1 Protest Submission
An Affected Offeror shall have 7 calendar days from the date of the intent to award notice to
file a Written protest.

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A Proposer is an Affected Proposer only if the Proposer would be eligible for 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.
• District has failed to conduct an evaluation of Proposals in accordance with the
criteria or process described in the RFP.
• District abused its discretion in rejecting the protestor’s Proposal as non-
Responsive.
• District’s evaluation of Proposal or determination of award otherwise violates ORS
Chapter 279B or ORS Chapter 279A.
If District receives only one Proposal, District may dispense with the evaluation process
and intent to award protest period and proceed with Contract Negotiations and award.
5.2.1.1 Protest Requirements
All protests must:
• Be delivered to the SPC via email or hard copy
• Reference the RFP number
• Identify prospective 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
District 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 District.
5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS
Proposers 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 Insurance
Prior to award, Proposers shall secure and demonstrate to District proof of insurance as
required in this RFP or as negotiated.
5.3.2 Taxpayer Identification Number
The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN)
and backup withholding status on a completed W-9 form when requested by District or
when the backup withholding status or any other relevant information of Proposer has
changed since the last submitted W-9 form, if any.
5.3.3 Business Registry

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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. Information about these
requirements may be found at http://sos.oregon.gov/business/pages/register.aspx.
5.3.4 Responsibility Inquiry
Prior to award, the apparent successful Proposer shall be required to complete and submit
Attachment (C)- Responsibility Inquiry.
5.3.5 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 District 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.
ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.
5.3.6 Nondiscrimination in Employment
As a condition of receiving the award of a Contract under this RFP, Proposer must certify by
its Signature on the Proposer Information and Certification Sheet (Attachment ), 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
that the policy both prohibits, and prescribes disciplinary measures for, conduct that
constitutes sexual harassment, sexual assault, or unlawful discrimination.
5.4 CONTRACT NEGOTIATION
5.4.1 Negotiation
After selection of a successful Proposer, District may enter Contract negotiations with the
successful Proposer. By submitting a Proposal, Proposer agrees to comply with the
requirements of the RFP.
In the event that the parties have not reached mutually agreeable terms within 30 calendar
days, District, at its discretion, may terminate Negotiations and commence Negotiations
with the next highest-ranking Proposer.
SECTION 6: ADDITIONAL INFORMATION
6.1 CERTIFIED FIRM PARTICIPATION
Pursuant to Oregon Revised Statute (ORS) Chapter 200, District encourages the
participation of small businesses, certified by the Oregon Certification Office for Business
Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified
small businesses in the following categories: disadvantaged business enterprise, minority-
owned business, woman-owned business, a business that a service-disabled veteran owns

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or an emerging small business. District also encourages joint ventures or subcontracting
with certified small business enterprises. For more information, visit:
https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&
TN=oregon4biz
If the Contract has potential subcontracting opportunities, the successful Proposer may be
required to submit a completed Certified Disadvantaged Business Outreach Plan
(Attachment ) prior to execution.
6.2 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 Baker
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 6.2 be
construed as a waiver by the State of Oregon of any form of defense or immunity, whether
sovereign immunity, governmental immunity, immunity based on the eleventh amendment
to the Constitution of the United States or otherwise, to or from any claim or consent to the
jurisdiction of any court.
6.3 OWNERSHIP/PERMISSION TO USE MATERIALS
All Proposals are public records and are subject to public inspection after District issues the
Notice of Intent to Award. Application of the Oregon Public Records Law will determine
whether any information is exempt from disclosure.
All Proposals submitted in response to this RFP become the Property of District. By
submitting a Proposal in response to this RFP, Proposer grants the State 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, except in the case of Proposals that were submitted late and rejected
by District.
6.4 CANCELATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES
Pursuant to ORS 279B.100, District may reject any or all Proposals in-whole or in-part, or
may cancel this RFP at any time when the rejection or cancelation is in the best interest of
the State or District, as determined by District. Neither the State nor any State agency is
liable to any Proposer for any loss or expense caused by or resulting from the delay,
suspension, or cancelation of the RFP or a Contract award, or the rejection of any Proposal.
6.5 COST OF SUBMITTING A PROPOSAL
Proposer shall pay all costs incurred in connection with its Proposal, including, but not
limited to, the costs to prepare and submit the Proposal, costs of samples and other

RFP 2023_BAKER SD_07072023 – Resurface Track
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supporting materials, costs to participate in demonstrations, and costs associated with
protests.
6.6 STATEWIDE E-WASTE/RECOVERY POLICY
If applicable, Proposer shall include information in its Proposal that demonstrates
compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR.
6.7 RECYCLABLE PRODUCTS
Proposer shall use recyclable products to the maximum extent economically feasible in the
performance of the Services or Work described in this RFP and the subsequent Contract.
(ORS 279B.025)
6.8 CHECKLIST DISCLAIMER
Any checklists that may be contained in this RFP are provided only as a courtesy to
prospective Proposer. District makes no representation as to the completeness or accuracy
of any Checklist. Prospective Proposer is solely responsible for reviewing and
understanding the RFP and complying with all the requirements of this RFP, whether listed
in a checklist or not. Neither the State nor District is liable for any claims, or subject to any
defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure
to comprehend all requirements of this RFP.