20 de octubre de 2026 · 7390
Staff Report to Board_ Seismic Projects 2027 RFP
Texto completo
Board of Education
Staff Report to the Board
To: Board of Education
From: Dr. Kimberlee Armstrong, Superintendent
Michelle Morrison, Chief Financial Officer
Paul Williams, Director, Purchasing and Contracting
Date: October 20, 2026
2027 Seismic Construction Projects (Beverly Cleary – Fernwood, Richmond, Capitol Hill,
Ainsworth, and Kelly): Exemption from Competitive Bidding and Authorization for Use of
Request for Proposals Contracting Method
BACKGROUND
ORS 279C.335(2) authorizes the Board to exempt certain public improvement contracts or
classes of contracts from the traditional design/bid/build competitive bidding (i.e., low bid)
procurement process. Staff requests that the Contract Review Board approve an exemption
from low bid competitive bidding for the 2027 Seismic Construction Projects (“2027 Seismic
Projects”) and authorize staff to utilize a fully competitive Request for Proposals (“RFP”) process
as an alternate procurement method. The RFP method was previously approved and utilized
for the Phase IV of the Roosevelt Modernization Project, and the Harrison Park Conversion
Project.
Per Oregon law, an exemption request and approval to use an alternative contracting
method must be supported by the following findings: (1) The exemption is unlikely to
encourage favoritism in awarding public improvement contracts or substantially diminish
competition for public improvement contracts, and (2) Awarding a public improvement
contract under the exemption will likely result in substantial cost savings and other
substantial benefits to the contracting agency or the public. See ORS 279C.335(2).
A detailed description of the 2027 Seismic Projects and draft Findings of Fact (“Draft Findings”)
supporting the exemption Resolution, as required by ORS 279C.335(2), are set forth in the
attached Real Estate, Infrastructure & School Enhancements (RISE) staff memo.
RELATED POLICIES / BOARD GOALS AND PRIORITIES
District Policy 8.50.090-P designates the Board as the local government contract review board
with authority to exempt certain public contracts or classes of contracts from the standard
competitive bidding process otherwise required by the Public Contracting Rules, as per ORS
279C.335(2).
PROCESS / COMMUNITY ENGAGEMENT
Oregon law requires that the District conduct a public hearing, providing interested parties an
opportunity to appear and present comment, prior to adoption of a Resolution exempting a
public improvement project from competitive bidding. See ORS 279C.335(5). Notification of the
public hearing must be published in a trade newspaper of general statewide circulation at least
14 days before the hearing. At the time of the Notice, copies of the Draft Findings must be
made available to the public.
Purchasing & Contracting published a Notice of Public Hearing concerning the 2027 Seismic
Projects exemption request on September 16, 2026 in the Daily Journal of Commerce, the
same Journal in which Purchasing & Contracting posts all required construction solicitation
notices. Instructions for requesting copies of the Draft Findings or requesting a Public Hearing
were included in the Notice of Public Hearing.
ALIGNMENT WITH EQUITY POLICY IMPLEMENTATION PLAN
The RFP alternative contracting method is in alignment with the District’s Equity in Public
Purchasing & Contracting Policy and implementation plan. A benefit of the RFP method, as
opposed to the standard design/bid/build low-bid contracting method, is the District’s ability to
include evaluation criteria in the RFP to help ensure selection of a prime contractor with strong
commitment to use and demonstrated success in using Certified minority owned, women
owned, service-disabled veteran owned, and emerging small businesses (“Certified
Businesses”) subcontractors or partners. The District will award points for demonstration of a
history of Certified Business utilization and a substantive plan of outreach to, partnership with,
and/or inclusion of Certified subcontractors.
The Request for Proposals will be open and publicly advertised. Purchasing & Contracting and
RISE will notify minority contracting communities about the solicitation and encourage Certified
Business participation. The selected contractor will be required to comply with the District’s
Workforce Equity and Career Learning requirements, as well as report on Certified Business
subcontractor utilization, during the course of the contract.
BUDGET / RESOURCE IMPLICATIONS
The RFP method allows the District to carefully screen firms to assure that the contractor
chosen to work on the project has the necessary experience and qualifications to successfully
work on a project of this scope and size. Thus, the risk of changes to the final contract amount
due to incomplete or inaccurate bid estimates is greatly diminished. Further, the ability to select
a highly qualified and experienced contractor will improve scheduling, planning, and
coordination of the Project, thereby reducing financial, schedule, and safety risks.
NEXT STEPS / TIMELINE / COMMUNICATION PLAN
If this Resolution is adopted, staff in Purchasing & Contracting and RISE will prepare solicitation
documents and issue a Request for Proposals for the 2027 Seismic Projects.
ATTACHMENTS
A. Resolution to Authorize Alternative Contracting Method
B. RISE Staff Memo with Draft Findings