HVAC Direct Digital Controls

Base Scope Price Proposal Services necessary to maintain, service, repair, manage, and extend the existing HVAC DDC control systems and integrate BACnet networks and ASD Networks, utilizing Schneider Electric Ecostruxure. Newberg-Dundee Public Schools Request for Proposals HVAC Direct Digital Controls RFP No. 2026-01 Issue Date: May 15, 2025 Proposals Due: June 16, 2025 Return Proposals to: Benjamin Burkhardt Operations and Safety Coordinator burkhardtb@newberg.k12.or .us (503) 554-5022 Optional Pre-Proposal Job Walk: A Pre-Proposal job walk will be held on May 29, 2025. This will begin at Newberg High School and will include a sample review of equipment and surrounding locations. A sample of equipment to be serviced will be reviewed at this meeting. Please contact Ben Burkhardt, b u r k h a r t b @ n e w b e r g . k 1 2 . o r . u s , or (503) 554-5022 on or before Monday, May 26, 2025 to indicate participation. Table of Contents 1 Introduction 1.1 Contract Term 4 1.2 Background 4 1.3 Schedule 5 1.4 RFP Questions, Clarifications, and Changes 5 2 Statement of Work 2.1 Overview 6 2.2 Scope of Work 6 3 Proposal Format, Content, and Submission 3.1 Proposal Format 9 3.2 Proposal Content 9 3.3 Proposal Submission 10 3.4 Written Proposal Instructions 10 4 Additional Evaluation Tiers such as Interviews, Site Visits, and/or Demonstrations 4.1 Interviews 13 4.2 Best and Final Offers 14 4.3 References 14 5 Proposal Evaluation and Award 5.1 Clarification of Responses 15 5.2 Proposal Evaluation 15 6 Notice of Intent to Award, Negotiation, and Contract Award 6.2 Notification of Intent to Award 16 6.3 Negotiable Items 16 7 Solicitation Terms and Conditions 7.1 Solicitation Terms and Conditions 17 8 Protest of Solicitation or Award 8.1 Protest of Solicitation or Contract Documents 19 8.2 Content of Solicitation Protest 19 8.3 Protest of Contract Award 19 9 Contract Terms and Conditions 9.1 Contract Award and Term 20 9.2 School District Contract 20 9.3 Insurance 20 9.4 Intergovernmental Permissive Cooperative Agreement 20 Attachment A: School District Contract Terms and Conditions Attachment B: Proposer Certifications and Representations Attachment C: Base Scope Price Proposal 2 3 Newberg-Dundee Public Schools Notice of Opportunity Request for Proposals 2026-01 HVAC Direct Digital Controls The Newberg-Dundee Public Schools ("School District") seeks qualified organizations able to provide maintenance and management of a specific DDC control system. Proposers responding to this request will be evaluated on several factors, including but not limited to fee, qualifications, prior experience, references, proposed cost matrix, quality control approach, and overall service approach. Proposals are due no later than 2:00 PM, PST on June 16, 2025. Proposals must be delivered to: Benjamin Burkhardt, Newberg-Dundee Public Schools Maintenance Facility, either physically at 703 S Blaine St, Newberg, Oregon, or electronically via email at b u r k h a r d t b @ n e w b e r g . k 1 2 . o r . u s . Contents of submissions will not be viewed until after the time and date specified for submission. Late proposals will not be accepted. This RFP document may be obtained in person or upon email request from May 15 until, at minimum, the date and time Proposals are due. The RFP and contract terms and conditions may be reviewed at Newberg-Dundee Public Schools Maintenance Facility, 703 S Blaine St, Newberg, Oregon. Proposal opening will occur shortly after the date and time proposals are due and the RFP has closed. 4 State of Oregon COBID Recognition and Affirmation Newberg - Dundee Public Schools HVAC Direct Digital Controls RFP No. 2026-01 The State of Oregon seeks affirmative steps to include qualified small, minority-owned, women-owned, veteran-owned, and labor surplus business enterprises on the solicitation list whenever they are potential sources in accordance with ORS 200 and applicable statutes. To align with this requirement, agencies may perform the following: 1. Including qualified small, minority, women, veteran-owned, and labor surplus businesses on solicitation lists, 2. Assure that small, minority, women, veteran-owned, and labor surplus businesses are solicited whenever they are potential sources, 3. When economically feasible and permissible, dividing total requirements into smaller tasks or quantities to permit maximum small, minority, women, veteran-owned, and labor surplus business participation, 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small, minority, women, veteran-owned, and labor surplus enterprises, 5. Using the services and assistance of such organizations as the Small Business Administration, the Minority Business Development Agency of the Department of Commerce, and the Business Oregon Certification Office for Business Inclusion and Diversity (COBID) at: h t t p s : / / w w w . o r e g o n . g o v / b i z / p r o g r a m s / C O B I D 6. If any subcontracts are to be let, require the prime contractor to take affirmative steps in 1 through 5 Proposers that meet the small, minority, women, veteran-owned, and labor surplus business definition are encouraged to submit proposals for services to which they are able to perform. Proposers that may sub-contract are encouraged to perform the steps outlined above in fulfillment of soliced services. Recognized by (Signature): Title of Authorized Representative: Date: 5 1 Introduction Newberg-Dundee Public Schools seeks written proposals from qualified vendors able to provide services necessary to maintain, service, repair, manage, and extend the existing HVAC DDC control systems and integrate BACnet networks and ASD Networks, utilizing Schneider Electric Ecostruxure. 1.1 Contract Term The School District intends to award a single contract as a result of this RFP. The initial contract term will extend for a period of two (2) years, with an annual renewal for up to an additional three (3) years. The Newberg School District Board of Directors reserves the authority to extend this contract in the event of exigent circumstances. Upon contract renewal, increases in submitted rates and fees will not exceed the CPI-U Western Region, 12-month change for March of the prior year, plus (+) up to 2%. The successful proposer will communicate adjustments to rates prior to July 1 of each renewal year. 1.2 Background 1.2.1 About Newberg-Dundee Public Schools Proposers are encouraged to visit the School District's website (w w w . n e w b e r g . k 1 2 . o r . u s ) and learn about the School District's history, our strategic plan, projects, and initiatives. 1.2.2 Contract Background This RFP is specifically designed to address the need for a single-source provider of DDC control service, repair, and maintenance. The district's facilities vary greatly in age and technology and require a specialty contractor with the skillset to service and repair controls and equipment produced and installed over a long period of time. Control systems from Schneider Electric shall be serviced, maintained, and extended under this contract. 1.2.3 Environmental Sustainability The School District's Sustainability Plan details the structure and process of the School District's sustainability efforts, including long range goals, principals, ongoing efforts and new opportunities. The School District welcomes the support of our contractors and business community in these efforts. 1.2.4 Participation of Minority-owned, Women-owned, and Emerging Small Businesses Minority, Women, and Emerging Small Businesses ("MWESB") are encouraged to propose. All proposers are encouraged to contact and consider MWESBs when subcontracting or partnering. Businesses or individuals will not be discriminated against on the grounds of race, color, or national origin, in the awarding of a contract or contracts resulting from this RFP. 1.3 Schedule 6 ACTIVITY DATE Request for Proposal Issued May 15, 2025 Optional: Pre-Proposal Job Walk May 29, 2025 Deadline for Questions or Clarifications June 5, 2025 Proposals Due June 16, 2025 Notice of Intent to Award June 20, 2025 Anticipated Contract Start July 1, 2025 The School District reserves the right to deviate from this schedule. Any such changes will be communicated in writing and posted to OregonBuys.gov. 1.4 RFP Questions, Clarifications, and Changes Any Proposer requiring clarification of the information provided in this solicitation must submit specific questions or comments in writing, by emailing the primary contact listed in this solicitation shown on page 1. Refer to the schedule of dates for the deadline to submit questions 1.4.1 Changes to the RFP and Addenda If the School District determines that additional information or clarification to the RFP is necessary, or if changes are made to the RFP, such information will be supplied in addenda, distributed via email, and posted to O r e g o n b u y s . g o v . The addenda shall have the same binding effect and be incorporated into this Request for Proposals. The School District shall issue all addenda no less than three (3) days before Proposals Due. Verbal statements made by the School District's representatives are not binding on the School District unless confirmed by a written addendum. 2 Statement of Work 2.1 Overview Newberg-Dundee Public Schools is seeking a single provider to service, repair and/or replace DDC control systems within the district's multiple facilities. A Request for Proposal (RFP) format will be utilized to select the sole contractor to complete the services required. Newberg School District has created these solicitation documents for the express purpose of selecting the most qualified contractor. 2.2 Statement of Work 2.2.1 General Provide for Building Automation System (BAS) support, service, repair, database management, system expansion, integration, controller programming, GUI updates, software, and firmware updates. New systems to be BACnet Testing Laboratories (BTL) certified BACnet devices communicating over a Master-Slave Token Passing (MSTP) network or Internet Protocol network at the field level, and Schneider Electric Ecostruxure network manager. The Schneider Electric Ecostruxure-based network managers shall bridge the BACnet MSTP/IP field communications network to the owner's Local and/or Wide Area Network, as designated 7 by the owner, and shall communicate seamlessly with the other Ecostruxure, BACnet, and ASD based devices on the owner's existing BAS network. The existing BAS consist of Direct Digital Control (DDC) controllers, Building Controllers (BC), network management tools, programming tools, web browser based Graphical User Interface (GUI), District Operator Workstation, sensors, relays, valves, actuators, and other equipment as necessary to provide for a complete and operational control system for the HVAC and other building related systems. Contractor shall employ adequate full-time staffing of technicians capable of maintaining and repairing all of the systems/equipment defined in 2.2.1 of this document. 2.2.2 Contractor Deliverables/Responsibilities Provide for all required engineering, permitting, labor, and material for the complete maintenance, repair, extension, overhaul, and/or replacement of HVAC DDC control systems as dispatched or directed by the School District's designated personnel. Unit pricing: provide the following: 1) DDC Technician Labor rates (straight time, overtime, holiday) 2) Material markup (overhead & profit) 2.2.3 School Districts Deliverables/Responsibilities A Newberg-Dundee Public Schools representative will provide all management services for coordinating the work, including on-site access, requests for access to specific areas, School District staff coordination, scheduling, and acceptance of the work. Newberg-Dundee Public Schools will evaluate proposals for the selection of the successful bidder. Proposals will be evaluated based on a complete response acknowledging the scope of work and any addendums, and best perceived value (highest scoring proposer). Contracts for services will be issued directly to the successful bidder by Newberg School District. Bidders are encouraged to review the sample contract provided, as Attachment A, with this solicitation and base their proposals on strict adherence to all conditions proposed under the sample contract. Any request for variance from the contract terms and conditions must be submitted in writing along with the proposer's proposal for the work. Variance from the contract terms and conditions may be sufficient cause for bid rejection. 2.2.4 Applicable Regulations/published standards for work/certifications or licensure The contractor will provide all permits required, if applicable, to complete the assigned scope of work. Contractor to furnish any engineering or architectural services if required to complete a specific scope of work as may be assigned by the School District's designated personnel. Installation of limited energy circuits is to be installed in conduit where exposed to potential damage and in mechanical spaces. Limited energy circuits in concealed locations, where damage is unlikely to occur, can be run exposed if allowed by code. Exposed limited energy wiring shall be supported by mechanical means per NEC or other applicable codes. Class 1 circuits must be run in conduit, size, and specification per NEC and/or superseding local codes. All installations of wire and raceways shall follow building lines, and appearance shall be neat and in a workmanlike manner. 2.2.5 Delivery Requirements 8 1. All work requiring equipment shutdown will be coordinated with the school district's designated personnel. 2. Work not requiring equipment shutdown and in areas not disturbing to students or staff may be done without notification to school districts' designated personnel, provided the site visit was previously scheduled and the district personnel are aware of your presence. 3. Work not requiring equipment shutdown but in areas that may disrupt students or staff may be done prior to or after occupancy. If the work is to be completed during occupied hours, it shall be coordinated with the school district’s designated personnel. 2.2.6 Warranties/Guarantees All repairs shall be warranted to be free from defects in workmanship and material under normal use and service. If, within twelve (12) months from the date of completion, the repaired equipment is found to be defective in operation, workmanship, or materials, the contractor shall replace, repair, or adjust the defect at no cost to the school district. The warranty shall extend to material that is supplied and installed by the Contractor. Material not supplied by the Contractor but installed by the Contractor shall be covered per the above to the extent of the labor only. Material warranty shall be the responsibility of the party furnishing said material. All corrective software or hardware modifications made during warranty service periods shall be updated on all user documentation and on user and manufacturer-archived software disks 2.2.7 Communication and Meetings Contractor and the designated school district personnel shall meet at a minimum of once per quarter. Meetings will be held at the facilities maintenance office, by virtual meeting, or via telephone. Date and time are to be determined. 3 Proposal Format, Content, and Submission 3.1 Proposal Format School District written proposal standards: • Proposal includes all completed pages of this RFP as a component of the proposer submission. • Proposal addresses all evaluation criteria in the order presented in this RFP. • Proposal (including this document) is 45 pages (or fewer) in length, not including reports, resumes, and like attachments. • Proposal (including this document) is double-sided when possible. Double-sided sheets are considered two pages. • Please do not include sales or promotional materials as part of the proposal unless requested. These standards are recommended. Proposals not conforming to these standards may receive lower scores, for example, if proposals are overly lengthy or responses to evaluation questions are not easily located within the submission. 3.2 Proposal Content Proposals shall include all designated mandatory requirements. Proposals lacking one or more of the mandatory requirements may be rejected as non-responsive. Mandatory requirements are designated by a check mark in the "Mandatory" column of the Proposal Content Table. 9 Proposal Content Attachment/Page No. Mandatory Scored Optional Signed COBID/MWEM Recognition Page 5 -X- Proposer Certifications and Representations, signed by an authorized representative Attachment B -X- Evaluation Criteria Responses -X- Organizational Structure and Experience -X- Qualifications -X- Capabilities and Key Personnel -X- Providing Goods or Items -X- -X- Methodology and Approach -X- -X- Environmental Sustainability -X- -X- Supplier, Workforce, and Contractor Diversity -X- -X- Rate, Fee, or Price Attachment C -X- -X- 3.2.1 Attachment B: Proposer Certifications and Representations Include a signed and completed Attachment B: Proposer Certifications and Representations form. Proposers may submit a signed, scanned copy of Attachment B, provided it otherwise conforms to the RFP requirements. Digital or stamped signatures are not acceptable. 3.3 Proposal Submission Proposals may be submitted electronically or physically before the due date and time indicated. If providing a physical submission, provide one (1) hardcopy original proposal and one (1) complete duplicate hardcopy to the contact and location listed on the first page of this RFP. Proposals are due no later than the due date and time identified under section 1.3 of this RFP ("Proposals Due"). It is the Proposer's sole responsibility to ensure that its proposal is delivered and time-stamped prior to the RFP closing date and time. Physical proposals not time-stamped by the receptionist of the Physical Plant office, located at 703 S Blaine St, Newberg, OR 97132, by the due date and time shall be considered late. The School District shall deem such proposals ineligible for award consideration. The official time will be that of the clock/timestamp in the Physical Plant lobby. Physical proposals will be submitted in a sealed envelope or box, with the following information clearly marked on the outside of the submission package: RFP Title • RFP number • Proposer name • Proposer Address 10 Proposals emailed to the contact identified shall include the subject line: RFP 2026-01 HVAC Controls. Emailed proposals shall be organized and submitted by attaching PDF files in accordance with the information requested in this RFP. The body of the email shall include the name of the organization making the submission, contact name, physical address, phone number, email, and any other contact information in reference to the solicitation for proposals. Contents of the attached files will not be reviewed until after the time identified for proposal opening. Newberg-Dundee Public Schools is not responsible for technical issues with the proposer in the submission of the solicitation. Proposers are solely responsible for the completeness of their proposal by the deadlines indicated in this solicitation. 3.4 Written Proposal Instructions Address each of the following Evaluation Criteria completely, and in the order provided: Written Evaluation Criteria A. Organizational Structure and Experience Briefly describe your organization and its history. You may provide an organizational chart if you wish. Maximum Points Available: 10 List three contracts, similar to the scope of work of this RFP, in which your organization was the primary contractor or performed at least 80% of the work. Indicate the contract value, starting and ending dates, and a brief description of the contract scope. Provide a positive reference for each of the contracts named above, including: the facility(s), client name, contact person, his/her title (and department if relevant), phone number, and email. If subcontracting: Specify which portions of the work will be subcontracted and name the subcontractor. Describe similar work the subcontractor completed on time and on budget to a high-quality standard, including contract start and end dates, clients, and cost. B. Qualifications Describe your company's qualifications to perform this work. Please confirm that your company holds the following: Schneider Electric Ecostruxure "Certificate of Achievement" document. Maximum Points Available: 20 List any other relevant certifications and/or licenses and their expiration date(s). If individuals hold these licenses/certifications, provide the name of the licensed/certified individual and the position they hold within the company. 11 Indicate the position of the certified/licensed individual(s) within your company and whether the individual would be assigned to the work of this RFP, if contracted. C. Capabilities and Key Personnel Describe your firm's ability to perform this work. What other projects or contracts is your company working on? Could these interfere with this work? If this contract may stretch the capabilities of your company, how do you propose to obtain the required personnel, experience, equipment, or capital to perform the work? Maximum Points Available: 10 List the key staff proposed to perform the Work. Describe the role of each key staff member proposed and the percentage of his or her time that will be allotted to the contract. Provide the resume of each key staff person proposed. D. Providing Goods/Items Are you able to provide the goods specified as per the Scope of Work? Are there specifications that you cannot meet? List any additional services you can provide (not specified in this RFP) that you feel would best meet the School District's needs. Maximum Points Available: 10 E. Methodology/ Approach to the Work/Project Plan Maximum Points Available: 10 F. Environmental Sustainability and Healthy Purchasing Do you have an environmental sustainability policy? If so, please attach it or provide the appropriate link to your website. Please list any 3 rd party "green" certifications you have received or are working towards. Describe your achievements in making your products or services healthier or non-toxic. Have you removed harsh chemicals, for example? If contracted, describe how your company will help the School District work towards its sustainability goals. Please detail and explain any environmental regulation violations incurred by your organization over the past three years. If none, specify "None". Maximum Points Available: 5 12 G. Supplier, Workforce, and Subcontractor Diversity Does your organization have a workforce diversity policy or another diversity policy? Maximum Points Available: 5 What achievements has your organization made in support of minority-owned, women-owned, and emerging small businesses in the past three years? Describe the diversity of your workforce. If subcontracting: Name one or more specific projects in which your organization has successfully incorporated minority, women, or emerging small businesses in your subcontracting. What percentage of the contract dollars were paid to such businesses on the project? If subcontracting: How do you propose to include minority-businesses, women owned businesses, and emerging small businesses in your subcontracting plan? H. Proposed Cost In Attachment C, provide the total proposed cost to provide all goods and services specified. Do not include the cost of any optional services or other services you may propose but were not specified. Maximum Points Available: 20 I. Provide three references. References should be for similar contracts and services. Include The business name, point of contact, phone number, and email. A district representative will use this information for reference information Maximum Points Available 10 Written Evaluation - Total Points Available: Total Points Available: 100 4 Additional Evaluation Tiers such as Interviews, Site Visits, and/or Demonstrations The School District, at its discretion, may conduct additional tiers of evaluation beyond Written Proposal evaluation. It may determine to conduct such additional tiers in any order that is in the District's best interest. Additional tiers may include: • Interviews • Product Sampling/Testing • Demonstrations • Site Visits • Product Trials If such evaluation tiers are conducted, the following processes will apply: 13 4.1 Interviews In the case the School District conducts interviews, it will issue a letter inviting all proposers in the current Competitive Range to an interview and will evaluate interviews on the following criteria: Interview Evaluation Criteria (at District discretion) A. Proposed staff, Capabilities, Subcontracting Maximum Points Available: 20 B. Approach and Methodology Maximum Points Available: 20 C. Qualifications Maximum Points Available: 20 D. Proposed Price Maximum Points Available: 20 Interview Evaluation - Total Points Available: Total Available Points: 80 4.2 Best and Final Offers At its sole discretion, the School District may require proposers to submit Best and Final Offers. All proposers within the current Competitive Range, after evaluation of the previous tier, will be invited to submit a Best and Final Offer. The School District will provide a response deadline. If the District believes the offer is unreasonable, the District may negotiate with the proposer(s) to establish an offer that meets the needs of the District and the terms and conditions of this RFP. Unless a Proposer submits a notice of withdrawal or offer prior to the deadline, the Proposer's immediately previous Offer will be construed as the proposed final offer. 4.3 References The School District reserves the right to investigate references, including customers other than those listed in a Proposer's submission. This inquiry may include, without limitation, investigating the past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and its lawful payment of employees and subcontractors. 5 Proposal Evaluation and Award 5.1 Clarification of Responses If the School District deems one or more proposals needing clarification, it will request such clarification in writing. The School District will then afford the Proposer(s) contacted an opportunity to respond with the necessary clarification. 14 5.2 Proposal Evaluation An Evaluation Committee, consisting of not less than three individuals, will evaluate the written proposals. Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria. 5.2.1 Written Proposal Evaluation Each evaluator shall independently score each proposal in accordance with the Evaluation Criteria and will then sum his or her scores for each proposal. The scores of all evaluators will then be totaled. 5.2.2 The Competitive Range In the event the School District deems it necessary, it will establish a Competitive Range for the purpose of obtaining a short-list of those proposers that are closely competitive or may best meet the School District's requirements for the Work. Proposers will be notified of those in the Competitive Range. This notice will be communicated to the contact listed in submitted proposals. 5.2.3 Interview Process and Evaluation (at School District's Option) Each evaluator will independently score each proposal in accordance with the Interview Evaluation Criteria and will then sum his or her scores for each proposal. The interview scores of all evaluators will then be totaled. 6 Notice of Intent to Award, Negotiation, and Contract Award 6.1 Determination of Highest-Ranked Proposal and Negotiation Process The School District will rank proposers based on scoring, with the highest scoring proposer deemed highest ranked. The School District will issue a notice of intent to award to the highest-ranked proposer. The District may at anytime determine to cancel the Procurement, when it is deemed in the best interest of the organization as permitted in ORS 279B.100. 6.2 Notification of Intent to Award The School District shall notify Proposers of its Intent to Award by posting such notification on the Oregonbuys.gov website and the School District shall notify Proposers of its Intent to Award by emailing such notification to the individual and business named on Attachment B, at the email address provided. 6.3 Negotiable Items The School District may negotiate: • The statement of work; • The Contract Price as it is affected by negotiating the statement of work and other terms and conditions listed below; and/or • Final contract terms with the selected Proposer(s) to the fullest extent allowed by law and as in the best interest of the School District. 7 Solicitation Terms and Conditions 7.1 Proposer Cost of Response Preparation 15 Proposers will bear sole responsibility for all costs incurred in preparing and providing their proposals in response to this RFP. 7.2 Submitted Materials are School District Property All materials submitted for any proportion of a Proposal in response to this RFP, or during any tier of this solicitation, will become the property of the School District and will not be returned to proposers. 7.3 Proposal Validity Proposals will remain valid for a period of 90 Days following the Proposal submission deadline. 7.4 Solicitation Cancellation, Rejection of a Proposal or All Proposals The School District may cancel the Procurement or reject any or all Proposals in accordance with ORS 2798.100. The School District is not liable to any Proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a Proposal. 7.5 Disputes In case of any doubt or difference of opinion as to: The items or service to be furnished under this RFP, or the interpretation of the provisions of the RFP, the decision of the School District will be final and binding upon all parties. 7.6 Publication News releases relating to this RFP will not be made without prior approval by, and in coordination with, the School District's Communication department. 7.7 Preference for Recycled Materials The School District will give preference for Recycled Materials as set forth in ORS 279A.125 if: ● The Recycled Product is available. ● The Recycled Product meets applicable standards ● The Recycled Product can be substituted for a comparable non-recycled product, and ● The Recycled Product's costs do not exceed the costs of non-recycled products by more than 5%, or a higher percentage if the School District makes such a written determination. 7.8 Confidentiality The School District is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the School District to disclose all records generated or received in the transaction of School District business, except as expressly exempted in ORS 192.329, 192.501, 192.502, or other applicable law. Examples of such exemptions are: trade secrets (ORS 192.501 (2)) and computer programs (ORS 192.501 (15)). The School District will not disclose records submitted by a proposer that are exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations: 16 The Proposer shall mark all proposal pages containing the records it has determined as confidential under Oregon Public Records Law and shall segregate those pages in the following manner: ■ Such pages will be clearly marked "Confidential" on each page of the confidential document. ■ Proposer will separate confidential pages from its other Proposal pages by providing the confidential pages to the School District in a separate envelope or package. ■ In its proposal, the Proposer will cite the specific statutory exemption in Oregon Records Law, exempting such pages from disclosure. ■ Items 5.10 a) and 5.10 b) will prevail in the event these provisions conflict with formatting or response instructions elsewhere in this document. Proposers may not mark an entire Proposal confidential. Should a proposal be submitted in this manner, the School District will hold no portion of the proposal as confidential, unless such a portion is segregated as per 5.10 b) and is determined exempt from Oregon Public Records Law. Notwithstanding the above procedures, the School District reserves the right to disclose information that the School District determines, in its sole discretion, is not exempt from disclosure or that the School District is directed to disclose by the Clackamas County District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the School District will make reasonable attempts to notify the Proposer of the pending disclosure. 8 Protest of Solicitation or Award 8.1 Protest of Solicitation or Contract Documents Any Proposer wishing to protest this RFP or any provision, specification, or contract term herein must submit such questions, comments, or protests to the Contact identified on page 1 of this RFP. The deadline for submitting such protests is the same date as the deadline for questions listed on the first page of this RFP. 8.2 Content of Solicitation Protest The prospective Proposer's written solicitation protest must include all of the following: • Sufficient information to identify the solicitation that is the subject of the protest; • The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed, or improperly specifies a Brand Name;

• Evidence or supporting documentation that supports the grounds on which the protest is based; and • A statement of the desired changes to the Procurement process or the solicitation document that the prospective Proposer

believes will remedy the conditions upon which the prospective Proposer based its protest. 8.3 Protest of Contract Award Adversely affected Proposers who wish to protest the Competitive Range, proposal rejection as non-responsive, the Intent to Award a contract, may do so, providing: ● The Proposer is adversely affected because the Proposer would be eligible to be awarded the contract in the event that the protest were successful: and ● The reason for the protest is that all higher-ranked proposals are non-responsive; 17 ● The School District has failed to conduct the evaluation of Proposals in accordance with the criteria or processes described in the solicitation materials; ● The School District has abused its discretion in rejecting the protester's Proposal as non-responsive or; ● The School District's evaluation of Proposals or the School District's subsequent determination of Award is otherwise in violation of its Public Contracting Rules or the Public Contracting Code.

• An affected Proposer may only protest its exclusion from a tier of competition if the Proposer is responsible, submitted a

responsive proposal and, but for the School District's mistake in evaluating the Proposer's offer, or other Proposer Offers, the protesting Proposer would have been eligible to participate in the next tier of competition.

• All protests must be in writing and physically received by the designee no later than 2:00 PM Pacific Time on the seventh (7

th ) calendar day after the posted Notice of Intent to Award or postmarked rejection, as described in ORS 279b.400 Address the protest to: Nathan Roedel, SFO SNS Chief Financial Officer Email: r o e d e l n @ n e w b e r g . k 1 2 . o r . u s Phone: 503-554-5004 • Protests must specify the grounds for the protest, including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used in scoring by individual evaluators is not grounds for protest.

• Protests not filed within the time specified herein, or which fail to cite the specific law, rule, regulation, or procedure upon

which the protest is based, shall be dismissed. An issue that could have been raised by a request for clarification or protest of solicitation or contract documents is not grounds for protest. 9 Contract Terms and Conditions 9.1 Contract Award and Term The contract award and term are specified in Section 1 of this RFP. 9.2 School District Contract Proposers are advised to thoroughly review and familiarize themselves with the School District sample standard contract incorporated as Attachment A. The successful proposer will be invited to enter into a contract in substantially the form attached hereto as Attachment A. Any contract resulting from this RFP shall be based on the RFP documents and in compliance with the School District's Public Contracting Rules and the Public Contracting Code. 9.3 Insurance Proposers are advised to carefully review the insurance requirements contained in the sample standard contract. 9.4 Intergovernmental Permissive Cooperative Agreement At the discretion of the Contractor and pursuant to ORS 279A and School District procurement rules, other public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s), under terms and conditions of the resultant contract. 18 Any such purchases shall be between the Contractor and the participating public agency and shall not impact the Contractor's obligations to the School District. Any estimated purchase volumes listed herein do not include other public agencies, and the School District makes no guarantee as to their participation. 19 20